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HomeMy WebLinkAboutAgenda Packet City Council - 09/11/2018 City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda - Final City Council Tuesday, September 11, 2018 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. Si Usted desea dirigirse al Concilio y cree que su ingl6s es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office(at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Pastor Steve Hartwick, First Baptist Church. C. Pledge of Allegiance to the Flag of the United States to be led by Billy Delgado, Emergency Management Coordinator. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 18-1145 Proclamation declaring September 8-15, 2018, "Flags for Heroes Week". Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. STRATEGIC FUTURE ISSUES (NONE) City of Corpus Christi Page 1 Printed on 9/10/2018 City Council Meeting Agenda-Final September 11,2018 b. OTHER G. MINUTES: 2. 18-1149 Regular Meeting of August 28, 2018 and Special Meeting of August 10, 2018. Attachments: Minutes-August 28,2018 Regular Meeting Minutes-August 10,2018 Special H. BOARD &COMMITTEE APPOINTMENTS: 3. 18-1135 Corpus Christi Convention and Visitors Bureau Corpus Christi Downtown Management District Food Service Advisory Committee Attachments: Corpus Christi Convention and Visitors Bureau Corpus Christi Downtown Management District Food Service Advisory Committee I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting;such agendas are incorporated herein for reconsideration and action on any reconsidered item. 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 9/10/2018 City Council Meeting Agenda-Final September 11,2018 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 - 19) 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. 18-1130 North Padre Island Development Corporation Investment Agreement Motion authorizing an agreement with the North Padre Island Development Corporation for management of the investment of the corporation's funds. Attachments: Agenda Memo- NPIDC Investment Agreement Agreement- NPIDC Investment Agreement with City DRAFT 08.08.18 5. 18-0957 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 Attachments: Agenda memo Resolution -La Molina Report 2018 (1) Exhibit A-La Molina-Near West Existing Conditions Report Exhibit B -Supporting Documents 6. 18-0914 Four-Year Service Agreement for Pressure Washing Equipment City of Corpus Christi Page 3 Printed on 9/10/2018 City Council Meeting Agenda-Final September 11,2018 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 7. 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 Project Budget- Military Agenda Item- DEAAG CCAD Security Enclave Location Map- Military Agenda Item Contract- Mllitary Agenda Item- DEAAG CCAD Security Enclave LNV Presentation - Military Agenda Item- DEAAG CCAD Security Enclave 8. 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 Prosect 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 9. 18-0969 Professional Services Contract for Kinney & Power Street Pump Station Improvements Project City of Corpus Christi Page 4 Printed on 9/10/2018 City Council Meeting Agenda-Final September 11,2018 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 - Kinnev &Power Street Pump Station Improvements Prosect Budget- Kinnev & Power Street Pump Station Improvements.xlsx Location Map- Kinney & Power Street Pump Station Improvements.pdf Contract- Kinnev St and Power St Pump Station -Urban.pdf 10. 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 Prosect Budget- McGee Beach Nourishment- Boat Basin Dredging.xlsx Location Map- McGee Beach Nourishment- Boat Basin Dredging.pdf Contract- McGee Beach Nourishment- Boat Basin Dredging LAN.pdf 11. 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 12. 18-0994 Agreement for HVAC Services for Facilities Department City of Corpus Christi Page 5 Printed on 9/10/2018 City Council Meeting Agenda-Final September 11,2018 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 13. 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 14. 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 15. 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 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 16. 18-0443 Second Reading Ordinance - Rezoning for a Property located at or near 718 South Navigation Boulevard. (Tabled from 4/17/18) (3/4 Vote Required) (1st Reading 8/28/18) Case No. 1117-01 GMG Partners, LP.: Ordinance amending Zoning City of Corpus Christi Page 6 Printed on 9/10/2018 City Council Meeting Agenda-Final September 11,2018 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. 17. 18-0863 Second Reading Ordinance - Drought Contingency Plan Amendments for Large-Volume Industrial Customers (1st Reading 8/28/18) 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 DCPChangesJu1y17Counci1Meeting v2 Ordinance - Drought Surcharge Exemption Fee Drought Contingency Plan Amendment 2018 Payment and Use of Drought Surcharge Exemption Fee Standard Form Agreen 2018 Drought Contingency Plan Surcharge Exemption Fee 18. 18-0894 Second Reading Ordinance - Changing Carson Street to One-way Traffic Pattern (1st Reading 8/28/18) 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 19. 18-1054 Second Reading Ordinance -Amendment to Remove a Portion of City of Corpus Christi Paye 7 Printed on 9/10/2018 City Council Meeting Agenda-Final September 11,2018 the One-Way Designation on Chaparral Boulevard (Bond 2008 & 2014) (1st Reading 8/28/18) 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 L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. BUDGET RELATED ORDINANCES: (ITEMS 20 -22) 20. 18-1139 First Reading Ordinance -Adoption of Proposed FY 2018-2019 Operating Budget Ordinance adopting the City of Corpus Christi operating budget for the fiscal year 2018-2019 beginning October 1, 2018; to be filed with the county clerk; appropriating monies as provided in the budget; and providing for severance. Attachments: Agenda Memo- FY 2018-2019 1st Reading Operating Budget Ordinance FY 2018-2019 Budget Schedule of Adjustments FY19 20 A- Presentation -Budget 1st Reading 9.11.18-Operating 20 B- Presentation -Police Department Budget FY 2018-2019 20 C- Presentation -Fire Department Budget FY 2018-2019 21. 18-1132 First Reading Ordinance - Ratifying increase in property tax revenues from FY2017-2018 Operating Budget Ordinance to ratify increase of$7,680,380 in property tax revenues from last year's operating budget as reflected in the 2018-2019 operating budget. Attachments: Agenda Memo- Ratify Property Tax Ordinance FY 2018-2019 Budget 22. 18-1151 First Reading Ordinance -Approving Fiscal Year 2018 -2019 Capital Budget and Capital Improvement Planning Guide Ordinance approving the Fiscal Year 2018-2019 Capital Budget and City of Corpus Christi Paye 8 Printed on 9/10/2018 City Council Meeting Agenda-Final September 11,2018 Capital Improvement Planning Guide in the amount of$197,583,700. Attachments: Agenda Memo- 1st Reading CIP Ordinance FY19 CIP Presentation - FY19 CIP my N. PUBLIC HEARINGS: (ITEMS 23 - 29) 23. 18-1009 Public Hearing on Fiscal Year 2019 Ad Valorem Tax Rate Attachments: Agenda Memo for Public Hearing regarding FY19 Ad Valorem Tax Rate 24. 18-0965 Public Hearing and First Reading Ordinance - Rezoning property at or near 7001 South Staples Street Case No. 0718-03 Dr. Haysam Dawod, DDS: Ordinance rezoning property at or near 7001 South Staples Street from "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District.(3/4 vote required) Planning Commission and Staff Recommendation (July 25, 2018): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval ofthe "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions. Ordinance rezoning property at or near 7001 South Staples Street from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. Attachments: Agenda Memo 0718-03 Dr. Haysam Dawod, DDS Ordinance 0718-03 Dr. Haysam Dawod, DDS Ordinance Special Permit 0718-03 Dr. Haysam Dawod, DDS CC Report 0718-03 Dr. Haysam Dawod, DDS Presentation Dr. Haysam Dawod, DDS 25. 18-0966 Public Hearing and First Reading Ordinance - Rezoning property at or near 7601 South Padre Island Drive and 5246 Lexington Road Case No. 0718-04 May Dev, LP: Ordinance rezoning property at or near 7601 South Padre Island Drive and 5246 Lexington Road from "CG-2" General Commercial District to the "IL" Light Industrial District.(3/4 vote required) Planning Commission and Staff Recommendation (July 25, 2018): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit (SP) with City of Corpus Christi Paye 9 Printed on 9/10/2018 City Council Meeting Agenda-Final September 11,2018 conditions. Ordinance rezoning property at or near 7601 South Padre Island Drive and 5246 Lexington Road from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. Attachments: Agenda Memo 0718-04 May Dev, LP Ordinance 0718-04 May Dev, LP Ordinance Special Permit 0718-04 Mav Dev, LP CC Report 0718-04 Mav Dev, LP Presentation Mav Dev, LP 26. 18-1137 Public Hearing and First Reading Ordinance -Amending the Unified Development Code to clarify language in specific areas Ordinance amending the Unified Development Code regarding defined terms, exceptions from platting requirements, minor, amending or vacating plat review applicability, commercial districts permitted uses, commercial use categories, specific standards, bar, tavern or pub, water trust fund, and wastewater trust fund. Attachments: Agenda Memo-Text Agenda Memo. 9.11.2018 Platting and Zoning Ordinance - UDCTxtAmendments 09.11.1018 Presentation - UDC Amendments 27. 18-1090 Public Hearing and First Reading -Amending the Unified Development Code regarding floodplain administration regulations Ordinance amending the Unified Development Code to remove the floodplain administration regulations; and providing for penalties. Attachments: Agenda Memo Text Agenda Memo. 9.11.2018 Ordinance UDC Text Amendment. 9.11.2018 Presentation UDC Text Amendment 28. 18-1091 Public Hearing and First Reading Ordinance -Adopting the Preliminary Flood Insurance Rate Maps Ordinance amending the Code of Ordinances to adopt the preliminary flood insurance rate maps; and providing for penalty. Attachments: Agenda Memo Flood Hazard Prevention Code Ordinance Flood Hazard Prevention Code Presentation Flood Hazard Prevention Code 29. 18-1092 Public Hearing and First Reading Ordinance -Amending City Code to adopt higher standards for Flood Hazard Prevention City of Corpus Christi Page 10 Printed on 9/10/2018 City Council Meeting Agenda-Final September 11,2018 Ordinance amending the Code of Ordinances to revise the current language found in the Flood Hazard Prevention Code allowing for Higher Standards; and providing for penalties. Attachments: Agenda Memo Flood Hazard Prevention Code Higher Standards Ordinance Flood Hazard Prevention Code Higher Standards Presentation Flood Hazard Prevention Code Higher Standards O. REGULAR AGENDA: (NONE) The following items are motions, resolutions and ordinances that will be considered and voted on individually. P. FIRST READING ORDINANCES: (ITEMS 30 -34) 30. 18-1065 First Reading Ordinance -Accepting a Grant to support the Web Based Emergency Operations Center(WEBEOC) Ordinance authorizing acceptance of$15,000 grant from Coastal Bend Regional Advisory Council for City's WebEOC operations; and appropriating $15,000 into Fire Grant Fund. Attachments: Agenda Memo-CBRAC Ordinance -CBRAC 31. 18-1084 First Reading Ordinance -Appropriation of Increased Revenue at the City's Warehouse Ordinance appropriating estimated increased revenues of$750,000 to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold; and amending the operating budget by increasing estimated revenues and expenditures by $750,000 each. Attachments: Agenda Memo-Appropriation for Warehouse Sales 8-24-18 Ordinance Warehouse Addl Rev Appropriation vFinal 32. 18-1061 First Reading Ordinance -Appropriating funds and approving contract for High Intensity Activated Crosswalk (HAWK) Traffic Signal at Ocean Drive and Del Mar Boulevard (Bond 2012, Proposition 1) Ordinance appropriating into Street CIP Fund 3530; changing Capital Improvement Program Budget by $131,483.04 and authorizing execution of a construction contract with Maldonado-Burkett Intelligent Transportation Systems, Inc. of Corpus Christi, Texas in the amount of$164,353.81 for construction of a HAWK Traffic Signal at Ocean Drive and Del Mar Boulevard. (Bond 2012, Proposition 1). Attachments: Agenda Memo- HAWK Ocean Dr Del Mar Blvd Appropriate Funds CIP Constru Ordinance - HAWK Ocean Dr Del Mar Blvd City of Corpus Christi Page 11 Printed on 9/10/2018 City Council Meeting Agenda-Final September 11,2018 Project Budget- HAWK Ocean Dr Del Mar Blvd Location Map HAWK Ocean Dr Del Mar Blvd Presentation HAWK Ocean Dr Del Mar Blvd Letter of Recommendation - HAWK Ocean Dr Del Mar Blvd Advance Funding Agreement- HAWK Ocean Dr Del Mar Blvd 33. 18-1068 First Reading Ordinance -Agreement for Frontera Historical and Cultural Events Ordinance authorizing an agreement with Corpus Christi Convention and Visitors Bureau to allow use of La Retama Park near Schatzel and Mesquite Streets for the Frontera event and related activities on November 2 thru November 4, 2018. Attachments: Agenda Memo- Frontera Event Ordinance - Frontera event Frontera Lease -signed 34. 18-1086 First Reading Ordinance -Accepting and Appropriating Grant Funds from the National Recreation and Park Association Ordinance accepting a grant in the amount of$15,000 from the National Recreation and Park Association for the Conserve Our Parks CITGO Service Days. Attachments: Agenda Memo- NRPA Grant Appropriation Ordinance NPRA MOU - National Recreation and Park Association 082318 Q. FUTURE AGENDA ITEMS: (ITEMS 35 - 50) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 35. 18-1078 Three-Year Service Agreement for Arbitrage Compliance Services Motion authorizing a three-year service agreement for arbitrage compliance services with Arbitrage Compliance Specialists, Inc., Centennial, Colorado, for$46,500 with two one-year options for a potential multi-year contract amount of$77,500. Attachments: Agenda Memo-Arbitrage Compliance Services.docx Matrix Summary 1269-Arbitrage Compliance Services.pdf Service Agreement 1269 Arbitrage Compliance Services.pdf 36. 18-1128 Type B Economic Development Agreement Motion approving an agreement with the Corpus Christi B Corporation for management of the Corporation's economic development funds. City of Corpus Christi Page 12 Printed on 9/10/2018 City Council Meeting Agenda-Final September 11,2018 Attachments: Agenda Memo- Economic Development Agreement 9 11 2018 CCREDC Type B Agreement with City DRAFT 07.09.18 37. 18-1080 Interlocal Agreement for Distribution of Grant Funds Resolution authorizing Interlocal Agreements with City of Robstown for distribution of$10,217 from FY2017 Edward Byrne Memorial Justice Grant Program. Attachments: Agenda Memo-JAG 09.11.2018 Resolution -Interlocal Robstown FY 2017 Agreement- Robstown 2017JAG 38. 18-1056 Professional Services Contract for the Area Development Plans Project Motion to authorize execution of a professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of $300,000 for the Area Development Plans project. Attachments: Agenda Memo-Area Development Plans.docx Prosect Budget- E17119&E17120 Area Development Plans Contract-Area Development Plans FNI.pdf Presentation - E17119& E17120 Area Development Plans Location Map-Area Development Plans 39. 18-1027 Professional Services contract for the Automated Pavement Condition Index Survey project Motion authorizing a contract for professional services with Transmap Corporation, headquartered in Upper Arlington, Ohio in the amount of $220,983.19 for the Base Bid and Additive Alternate No. 2 for the Automated Pavement Condition Index Survey project. Attachments: Agenda Memo-Automated PCI Survey.docx Location Map.pdf Contract Professional Services.pdf Presentation -Automated PCI 40. 18-1058 Professional Services Contract for the Packery Channel Restoration Project Motion to authorize execution of Amendment No. 1 with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of$301,008 for a total restated fee of$351,005 for the Packery Channel Restoration project. Attachments: Agenda Memo- Packery Channel Restoration HDR Amd 1 Prosect Budget- Packery Channel Restoration HDR Amd 1.xlsx City of Corpus Christi Page 13 Printed on 9/10/2018 City Council Meeting Agenda-Final September 11,2018 Location Map- Packery Channel Restoration.PDF Contract Amd 1 - Packery Channel Restoration.pdf Presentation - Packery Channel Restoration HDR Amd 1 41. 18-1034 Purchase of Seven Ford Trucks for Parks and Recreation Motion authorizing the purchase of six Ford F-250 trucks and one Ford F-350 truck with AutoNation Ford of Corpus Christi, Texas and Bluebonnet Ford of New Braunfels, Texas based on Request for Bid No. 1794 for a total amount not to exceed $264,753.00. Attachments: Agenda Memo- Ford F-250 and F-350 Trucks for Parks and Rec RFB 1794 Bid Tabulation - Ford F-250 and F-350 Trucks for Parks and Rec 42. 18-1082 Purchase of three tractors for Parks and Recreation Motion authorizing the purchase of three John Deere Tractors from Deere & Company, of Cary, North Carolina, via Buy Board cooperative for $162,091.63. Attachments: Agenda Memo-Tractors for Parks& Rec Price Sheet-Tractors for Parks &Rec 43. 18-1026 Lease Purchase of Six Trucks and Two Trailers for Solid Waste Operations Motion authorizing the lease purchase of four side loading refuse truck from Rush Truck Center of New Braunfels, Texas, and two rear-loading refuse trucks from Grande Truck Center of San Antonio, Texas and two transfer trailers from Rush Truck Center of New Braunfels, Texas via Houston-Galveston Area Council (HGAC) for a total amount not to exceed $2,013,177.48. Attachments: Agenda Memo-Lease Purchase of Six Trucks and Two Trailers for SWO revise Bid Tabulation - Lease Purchase of Six Trucks and Two Trailers for SWO 44. 18-1055 Purchase of Two Trucks for Utilities Motion authorizing the purchase of two Ford F-250 pickup trucks from Rush Truck Center of New Braunfels, Texas, via BuyBoard Purchasing Cooperative for a total amount not to exceed $92,118.00. Attachments: Agenda Memo-Purchase of Two Trucks for Utilities.docx Price Sheet- Purchase of Two Trucks for Utilities.xlsx 45. 18-1052 Service agreement for Custodial Services for Fleet Maintenance Buildings Motion authorizing a one-year service agreement for custodial services City of Corpus Christi Page 14 Printed on 9/10/2018 City Council Meeting Agenda-Final September 11,2018 with Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services of Corpus Christi, Texas for a total amount of$18,995.16, with two one-year options for a total potential multi-year amount of$56,985.48. Attachments: Agenda Memo-Custodial Services for Fleet Maintenance Buildings.docx Bid Tab-Custodial Services for Fleet Maintenance Buildings.xlsx Service Agreement-Custodial Services for Fleet Maintenance Buildings.pdf 46. 18-1024 Purchase of Refuse and Recycling Carts for Solid Waste Motion authorizing the purchase of refuse and recycling carts from Cascade Engineering of Grand Rapids, Michigan, via Houston-Galveston Area Cooperative (HGAC), in the total amount not to exceed $499,344.40. Attachments: Agenda Memo-Carts for Solid Waste Operations.docx Price Sheet-Carts for Solid Waste.xlsx 47. 18-1063 Actuarial Services for Risk Management Motion authorizing a five year service agreement to provide Actuarial Services for the City's Risk Management Division with AMI Risk Consultants, Inc., of Miami, Florida for a not to exceed value of$60,000. Attachments: Agenda Memo-Actuarial Services for Risk Management Matrix 1764-Actuarial Service Agreement 1764-Actuarial Services for Risk Management Final 8.20.1 48. 18-1124 Corpus Christi Convention and Visitors Bureau Contract Amendment Motion authorizing the Amendment No. 1 to the Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau to extend the Agreement on a month-to-month basis until a new agreement can be reached. Attachments: Agenda Memo- FY18 CVB Agreement Month to Month Extension Amendment-CVB FY18 Contract Amendment(Month to Month Extension)8 3 CCCVB FY 2016 Agreement EXECUTED Budget Related Future Agenda Items: 49. 18-1062 Amendment to Financial Budgetary Policies Resolution amending Financial Budgetary Policies adopted by Resolution 031240 and providing financial policy direction on preparation of the annual budgets. Attachments: Agenda Memo- Financial Policy Resolution -Redlined 08292017 City of Corpus Christi Page 15 Printed on 9/10/2018 City Council Meeting Agenda-Final September 11,2018 Resolution -Clean 08292017 Presentation- Financial Policies- FY2019 EH 50. 18-1075 Resolution approving Parks and Recreation fees for fiscal year 2018-2019 Attachments: Agenda Memo- FY18-19 Parks&Recreation Proposed Fee Schedule Resolution -PR Fee 09-06-2018 Fee Schedule- Parks and Recreation FY19 9.7.18 R. BRIEFINGS: (NONE) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation(including Type A or B Corporation)may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. S. EXECUTIVE SESSION: (ITEMS 51 -53) 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. 51. 18-1097 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning litigation including, but not limited to, the cases of Michael Henry v. City of Corpus Christi and Saenz v. City of Corpus Christi, including potential consideration of settlement offers and/or fees for attorneys, engineers, and other expert witnesses assisting in defense of action(s). 52. 18-1175 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to water supplies for industrial and other development, desalination, potential interlocal agreements with water districts, navigation districts and/or other governmental entities involving water or other utility services, including potential grants and permits for desalination facilities, utility rate regulation, reuse, provisions of the Texas Utility Code, TCEQ Regulations, EPA City of Corpus Christi Page 16 Printed on 9/10/2018 City Council Meeting Agenda-Final September 11,2018 regulations, and other laws and regulations, potential agreements for the economic development agreement(s) with business prospects that are considering the construction, expansion, and/or ownership of industrial facilities that will be consumers of water and/or wastewater services, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including, but not limited to, potential contracts for the provision of water to said prospect(s). 53. 18-1098 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. T. 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. U. ADJOURNMENT City of Corpus Christi Page 17 Printed on 9/10/2018 Cit`' of Corpus Christi 1201 Leopard Street City Corpus Christi,TX 78401 i I cctexas.com �xa Meeting Minutes 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. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:34 a.m. B. Invocation to be given by Pastor Adam Carrington, Brooks AME Worship Center. Pastor Adam Carrington gave the invocation. 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. Assistant Director of Support Services,Water Utilities Department Reba George led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Interim City Manager Keith Selman, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 9/6/2018 City Council Meeting Minutes August 28, 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 28, 2018, "Women's Equality Day". Commendation for Chris D. Caron, P.E., Corpus Christi District Engineer, Texas Department of Transportation. Mayor McComb presented a proclamation and a commendation. 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 Interim City Manager Keith Selman extended an invitation to the annual 9/11 Remembrance Ceremony on Tuesday, September 11,2018 at Sherrill Park. b. CITY PERFORMANCE REPORT- HEALTH DEPARTMENT Director of Public Health Annette Rodriguez provided a briefing on the Health Department, including the mission statement; operation profile, baseline information; performance indicators. A council member asked questions regarding the Health Department's preparedness for a measles outbreak and posting of restaurant inspections. 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 9/6/2018 City Council Meeting Minutes August 28, 2018 Mayor McComb deviated from the agenda and referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. Wendy Herman, Executive Director of the Coastal Bend Homebuilders Association, 5325 Yorktown, spoke in support of Agenda Item 26, adopting an Affordable Housing Policy and Program Initiatives for the City of Corpus Christi. Eduardo Canales, 7021 Bevington; Chloe Torres, 5430 Saratoga Boulevard, Corpus Christi Immigration Coalition; Rosario Duran, 3121 Sarita; Armando Cavazos,2534 Johannes; and Liz Sanchez, 6130 Wooldridge,spoke in opposition to Agenda Item 13, accepting and appropriating grant funds for the FY2019 Local Border Security Program. Miguel Saldana, 4553 Moonlake Ridge, read a letter from Dan Caballero, regarding issues related to the zoning of property for townhomes, and requesting that the City Council reconsider the denial of a waiver regarding sidewalks by the Planning Commission. Margareta Fratila, 3606 Tripoli,spoke regarding the reduction of criminal activity in District 2 and utility bill issues related to rental properties. Eloy Salazar, 8206 Campadolcino, spoke regarding Agenda item 34, a construction contract for Rodd Field Road Improvements from Yorktown Boulevard to Saratoga Boulevard, and the construction of the street with asphalt versus concrete. Tony C. Diaz, 6041 Oso Parkway, and Susie Luna Saldana,4710 Hakel, LULAC Council#1,spoke in support of Agenda Item 13, accepting and appropriating grant funds for the FY2019 Local Border Security Program.Amy Granbury and Bill Buily announced that Charlie's Place has partnered with the Cenikor Foundation to expand services to help fight substance abuse in the community. Alissa Mejia, 4302 Ocean Drive,spoke in support of Agenda Item 20, conveyance of Parker Pool to Nueces County and prioritizing ongoing maintenance of public facilities.Joshua Tijerina, 9225 SPID, spoke regarding Agenda Item 19, a five-year service agreement for the management of the Museum of Science and History with the Friends of the Museum of Science and History, including the management of the previous Executive Director and staffing plans.Josie Herro, 501 Del Mar,spoke in opposition to Agenda Item 17 regarding the FY2017 ad valorem tax rate. Mike Pusley, 3916 Castle Valley, commended the City Council for their recognition of Chris Caron. Carolyn Vaughn,4214 Spring Creek,spoke in support of Agenda Item 13, accepting and appropriating grant funds for the FY2019 Local Border Security Program and a plan to increase public safety officers. Sylvia Campos,4410 Fir,spoke regarding recent dog attacks in City Council District 2 and in support of additional funding for the Animal Care Services Department. Q. BRIEFINGS: (ITEM 42) 42. Corpus Christi Regional Economic Development Corporation (CCREDC) Quarterly Update to City Council (Q2 2018) Mayor McComb deviated from the agenda and referred to Item 42. Iain Vasey, Corpus Christi Regional Economic Development Corporation (EDC),stated that the purpose of this item is to provide the EDC quarterly update. Mr.Vasey presented the following information:the 2018 business attraction summary; business retention and expansion; an update regarding the EDC's follow-up work related to the City Council's Economic Development Workshop; and a map of projects. Following Mr.Vasey's presentation, the following topics were discussed:the total amount of office space;the use of Type B funds related to small business; Type B fund guidelines;economic gardening; and the City's focus on City of Corpus Christi Page 3 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 addressing water supply. G. MINUTES: 2. Regular Meeting of August 21, 2018. Mayor McComb referred to approval of the minutes. Council Member Guajardo made a motion to approve the minutes,seconded by Council Member Lindsey-Opel and passed unanimously. H. BOARD &COMMITTEE APPOINTMENTS: 3. Crime Control and Prevention District Library Board Mayor McComb referred to board and committee appointments. The following appointments were made: Crime Control and Prevention District Council Member Smith made a motion to appoint Fred Edler(Council Member Greg Smith's representative),seconded by Council Member Lindsey-Opel and passed unanimously. Library Board Council Member Molina made a motion to appoint Vickie C. Natale,seconded by Council Member Rubio and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 4 - 15) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda.A council member requested that Items 4 and 14 be pulled for individual consideration.A citizen requested that Item 13 be pulled for individual consideration. A motion was made by Council Member Rubio,seconded by Council Member Lindsey-Opel,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 5. Service Agreement for Disaster Recovery Management Services City of Corpus Christi Page 4 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 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 passed on the consent agenda. Enactment No: M2018-145 6. 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 Motion was passed on the consent agenda. Enactment No: M2018-146 7. 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 passed on the consent agenda. Enactment No: M2018-147 8. 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. This Motion was passed on the consent agenda. Enactment No: M2018-148 City of Corpus Christi Page 5 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 9. 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 passed on the consent agenda. Enactment No: 031520 10. 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 Motion was passed on the consent agenda. Enactment No: M2018-149 11. 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 passed on the consent agenda. Enactment No: M2018-150 12. 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031521 15. 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) City of Corpus Christi Page 6 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 $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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031524 4. 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. Mayor McComb referred to Item 4. Assistant to the City Manager Esther Velazquez stated that the purpose of this item is to amend the service agreement with SMG for management of the American Bank Center for additional expenditures in the amount of$250,000. SMG is requesting an additional $50,000 per year for the Marketing and Co-Promotion Funds to subsidize the IceRays for rental space at the Arena. Matt Blasy, General Manager of the American Bank Center-SMG, responded to questions. There were no comments from the public. Council members and staff discussed the following topics: a year-to-year analysis of events at the Arena; a strategic plan to attract larger scale events; the new contract between SMG and the IceRays which includes the increase of rent in the amount of$50,000 per year; the request of an additional $50,000 per year by SMG to subsidize the IceRays; that the rent for the IceRays has not been increased for nine years;the intent of the marketing and co-promotion fund; if the Arena has lost large events due to the IceRays schedule;the IceRays' return-on-investment to the community; the impact to the Arena's operating budget if SMG does not increase the rent for the IceRays;the total amount the IceRays are subsidized by the marketing and co-promotion fund; the average attendance at IceRays games; a strategic plan to diminish the marketing and co-promotion fund; and SMG's plan for FY2019. Council Member Lindsey-Opel made a motion to approve the motion, seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 6- Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Nay: 3- Mayor McComb, Council Member Garza and Council Member Roy Abstained: 0 City of Corpus Christi Paye 7 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 Enactment No: M2018-144 13. Second Reading Ordinance -Accepting and Appropriating Grant Funds for FY2019 Local Border Security Program (1st Reading 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. Mayor McComb referred to item 13. 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. Margareta Fratila, 3606 Tripoli,spoke in support of the item. Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031522 14. 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. Mayor McComb referred to Item 14, adoption of City of Corpus Christi Small Cell Network Fees. Director of Planning and ESI Daniel McGinn was present to respond to questions.A council member spoke regarding technology improvement and AT&T's installation of resources to aid bandwidth for public safety. J.D. Salinas, AT&T,spoke regarding Bandwidth 14,which allows first responders to have a dedicated network, and stated that approval of this item allows AT&T and other providers to invest in Corpus Christi, consequently providing a better network for the future. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Rubio. This Ordinance was passed on second reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith City of Corpus Christi Paye 8 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 Abstained: 0 Enactment No: 031523 R. EXECUTIVE SESSION: (ITEMS 43 AND 45) Mayor McComb deviated from the agenda and referred to Executive Session Items 43 and 45. The Council went into executive session at 1:43 p.m. The Council returned from executive session at 3:14 p.m. 43. 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). This E-Session Item was discussed in executive session. 45. 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) Mayor McComb referred to Item 45 and the following motion was considered: Motion to authorize the execution of amendments, agreements and encumbrance of funds for legal and other professional consulting and/or expert witness services for the Public Utility Commission of Texas Docket No. 47920 Petition of the Beeville Water Supply District Appealing Raw Water Rates Adopted by City of Corpus Christi in amounts not to exceed $225,000 and City of Corpus Christi Paye 9 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 authorize carry-over of unexpended funds into the following fiscal years. Council Member Smith made a motion to approve the motion, seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Lindsey-Opel Abstained: 0 Enactment No: M2018-154 L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Items 43 and 45. M. BUDGET PRESENTATION: (ITEM 16) 16. Proposed FY2019 Budget Overview Mayor McComb referred to Item 16. Interim City Manager Keith Selman stated that the purpose of this item is to provide an overview of the proposed FY 2019 budget regarding the Water Utilities Department.Assistant City Manager Mark Van Vleck introduced the presentation team:Assistant Director of Support Services Reba George; Executive Director of Water Utilities Dan Grimsbo; Assistant Director of Water Quality and Treatment Gabriel Ramirez;Assistant Director of Maintenance and Lines Wesley Nebgen; and Assistant Director of Wastewater Treatment John Byrum. Assistant City Manager Mark Van Vleck presented the following information: an overview of the water system;the water system components;the utility cost-of-service breakdown;the formula to calculate unit cost for water;water unit cost inputs; the cost related to each part of the water system; the cost by categories of expenditures;the different volumes of water;the unit cost breakdown per 1,000 gallons above the minimum;the components of the wastewater system; wastewater system deficiencies inflows and infiltration; collection system repairs;wastewater overflows and backups; lift(pump) station repairs; the six wastewater treatment plants; the formula to calculate unit cost for wastewater; wastewater unit cost inputs;wastewater costs by system; expenditures of the wastewater fund;volumes;volume based on winter quarter averaging and volume based on actual water consumption; and a comparison of wastewater charges in 2017 versus 2018. Council members and staff discussed the following topics:storm water costs; customer complaints related to the increase in wastewater rates; establishment of an advisory board to address utility rates;the comparison of winter averaging versus consumption; utility software billing issues; and a comprehensive review of the utility rates and rate structure. M. PUBLIC HEARINGS: (ITEMS 17 - 18) City of Corpus Christi Page 10 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 17. Public Hearing on Fiscal Year 2019 Ad Valorem Tax Rate Mayor McComb referred to Item 17. Director of Financial Services Constance Sanchez stated that the purpose of this item is to hold the first public hearing on the FY2019 ad valorem tax rate of$0.626264 per$100 valuation. Since the rate being proposed exceeds the effective tax rate,two public hearings are required. The first public hearing will be held today and the second public hearing will be held on Tuesday, September 11, 2018. Mayor McComb opened the public hearing. Margareta Fratila, 3606 Tripoli, spoke in opposition to the tax increase and suggested implementation of a tourism industry revenue tax to improve streets. Mayor McComb stated that the tax rate being proposed is a result of the voter-approved 2-2-2 cent increase to address residential streets. Mayor McComb closed the public hearing. Mayor McComb read the following statement"During the September 18,2018 City Council meeting beginning at 11:30 a.m. at City Hall, the City Council will vote on the proposed property tax rate." 18. 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. Mayor McComb referred to Item 18. Director of Management& Budget Eddie Houlihan stated that the purpose of this item is to hold a public hearing on the FY2018-2019 Operating Budget. Mr. Houlihan presented the following information:total employees; revenues and expenditures; a 10-year history of property tax rates;the projected fund balances for the General, Internal Service, Special Revenue, and Enterprise Funds; and key dates. Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. FIRST READING ORDINANCES: (ITEM 29) 29. First Reading Ordinance - Drought Contingency Plan Amendments for Large-Volume Industrial Customers 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 City of Corpus Christi Page 11 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 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. Mayor McComb deviated from the agenda and referred to Item 29. Frank Brogan, consultant,stated that the purpose of this item is to amend the Drought Contingency Plan and the City's Code of Ordinances regarding large industrial customers. The amendments include: establishing a non-mandatory drought surcharge exemption fee for large-volume industrial customers and increasing the target demand reduction levels for Stage 2 from 15%to 20%. Mr. Brogan presented the following information:the plan to obtain a Drought Resistant Water Supply;the customers that will pay the surcharge fee; customers who "opt out"; and the types of Drought Resistant Water Supply to explore. Mayor McComb called for comments from the public. Roger TenNapel, Flint Hills Resources,thanked City Council and staff for working with industry to address future water supplies. Council Member Rubio made a motion to approve the ordinance,seconded by Council Member Lindsey-Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 N. REGULAR AGENDA: (ITEM 19 - 26) 19. 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. Mayor McComb referred to Item 19.Assistant to the City Manager Esther Velazquez stated that the purpose of this item is to authorize a five-year service agreement for the management of the Museum of Science and History with the Friends of the Museum of Science and History.At the August 21,2018 Council meeting, City Council made a motion of direction to invite the two firms who responded to the Request for Proposal (RFP)to make presentations before Council. Library System Services respectfully declined the invitation. Ms.Velazquez introduced Jim Moloney, Friends of the Corpus Christi Museum of Science and History Board President. The presentation team included: Chris Adler, Carol Rehtmeyer, and Dr. Mary Jane Garza. The presentation team presented the following information: projects supported by the Friends of the Museum of Science and History;the income statement; the Board of Directors and Advisors; goals; an overview of the exterior and interior enhancements, collections and exhibits at the Museum when under the City of Corpus Christi Page 12 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 direction of previous Executive Director Carol Rehtmeyer; projected financials; fundraising; potential attractions; and educational programming. Council members and the presentation team discussed the following topics: maintenance of the Xeriscape Garden; the procurement process; and provisions if financial expectations in the contract are not met. Council Member Lindsey-Opel made a motion to amend the motion by requiring annual reporting to the City Council,seconded by Council Member Rubio and passed unanimously. Mayor McComb called for comments from the public. Margareta Fratila, 3606 Tripoli, congratulated the Friends of the Museum of Science and History on their work at the Museum. Council Member Garza made a motion to approve the motion, seconded by Council Member Rubio. 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: M2018-151 20. 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. Mayor McComb referred to Item 20. Director of Parks and Recreation Jay Ellington stated that the purpose of this item is to authorize the conveyance of Parker Pool property to Nueces County. Mr. Ellington stated that the ordinance will need to be amended to include the following language: "Whereas, in accordance with Section 212.0045 of the Texas Local Government Code,the City determines the subdivision required of the Parker Pool property to Nueces County does not require platting". Council Member Garza made a motion to amend the ordinance as recommended by staff,seconded by Council Member Rubio and passed unanimously Council members and staff discussed the following topics:the City's responsibility to maintain utilities; the existing lease with the Coastal Bend Friends of the Aquatics; and the reversion clause. Council Member Garza made a motion to approve the ordinance,seconded by Council Member Smith. This Ordinance was passed on second reading and approved with the following vote: City of Corpus Christi Page 13 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031525 21. Second Reading Ordinance -Adopting Downtown Vacant Building Regulations (1st Reading 7/31/18) Ordinance amending Corpus Christi Code to adopt Downtown Vacant Building Regulations; and Providing for penalties. Mayor McComb referred to Item 21. Business Liaison Arlene Medrano stated that the purpose of this item is amend the City's Code of Ordinances to adopt the Downtown Vacant Building Ordinance. The presentation included: Executive Director of the Downtown Management District Alyssa Barrera and Assistant Police Chief David Blackmon. Ms. Medrano presented the following information:that the ordinance was approved by the Tax Increment Reinvestment Zone#3(TIRZ#3) Board and the Downtown Management District in June 2018; City Council approved the first reading of the ordinance as amended on July 31,2018 with the following amendments: a one-year annual performance review and an enhanced five-year comprehensive review; and City Council's action to table the ordinance August 14, 2018, directing staff to rewrite the ordinance to remove the registration and its components. Ms. Medrano presented two options for consideration: Option A,which includes the registration and Option B,without registration. Ms. Medrano provided an overview of the process map with and without registration and effects of having a no registration. Council members and staff discussed the following topics:the options approved by the TIRZ#3 Board regarding incentives;the effects of no registration fee; and receiving up-to-date information from the Corpus Christi Realtors Association regarding contact information from property owners. Council Member Molina made a motion to amend the ordinance to approve Option B,seconded by Council Molina and passed unanimously. There were no comments from the public. Council Member Garza made a motion to approve the ordinance as amended, seconded by Council Member Molina. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: 031526 City of Corpus Christi Page 14 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 22. 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. Mayor McComb referred to Item 22. Director of Intergovernmental Relations Tom Tagliabue stated that the purpose of this item is to submit one or more grant applications in the amount of up to$2,000,000 to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant(DEAAG) Program. Mr. Tagliabue provided an overview of the DEAAG program and the two projects at Naval Air Station -Corpus Christi and the Corpus Christi Army Depot to improve security. There were no comments from the public. Council Member Molina made a motion to approve the resolution, seconded by Council Member Lindsey-Opel. This Resolution was passed and approved with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Roy Abstained: 0 Enactment No: 031527 23. 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. Mayor McComb referred to Item 22. Director of Intergovernmental Relations Tom Tagliabue stated that the purpose of this item is to approve a resolution requesting the Commissioner of Insurance to reject the proposed premium rate increase proposed by the Texas Windstorm Insurance Association. There were no comments from the Council or the public. Council Member Rubio made a motion to approve the resolution,seconded by Council Member Lindsey-Opel. This Resolution was passed and approved with the following vote: City of Corpus Christi Page 15 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Roy Abstained: 0 Enactment No: 031528 24. 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. Mayor McComb referred to Item 24. Director of Parks and Recreation Jay Ellington stated that Items 24 and 25 are related to service agreements with Sweet Spot Tennis, LLC for management and operations services for HEB Tennis Center and Al Kruse Tennis Center. Mr. Ellington stated that the purpose of this item is to award the service agreements to the end of the calendar to issue a new Request for Proposal (RFP). Mr. Ellington presented the following information: corrective actions in response to the audit of the tennis centers and the RFP process. In response to a council member, Interim City Manager Keith Selman stated that the contract is a short-term contract with no changes to the existing fees. Council Member Guajardo made a motion to approve the motion,seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-152 25. Service Agreement for Al Kruse Tennis Center Motion authorizing a service agreement with Sweet Spot Tennis for management and operations service for Al Kruse Tennis Center. This item was discussed during Item 24. Council Member Guajardo made a motion to approve the motion,seconded by Council Member Lindsey-Opel. This Motion was passed and approved with the following vote: Aye: 9- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith City of Corpus Christi Page 16 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 Abstained: 0 Enactment No: M2018-153 26. 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 Mayor McComb referred to Item 26. Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to adopt an Affordable Housing Policy and Program Initiatives for the City of Corpus Christi. Mr. Bentancourt presented the following information: the definition of affordable housing; research and best practices;tying affordable housing initiatives to Plan CC; implementation of 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 and 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; and the Affordable Housing Reimbursement Program. Council Member Lindsey-Opel made a motion to amend the resolution by adding a provision that the City will evaluate all City-surplus land for potential uses for affordable housing prior to disposition, seconded by Council Member Rubio and passed unanimously. Council members and staff discussed the following topics:the Affordable Housing Reimbursement Program; qualifications for reimbursement;the current median home price;the reimbursement amount of 25%for a middle income purchaser up to$200,000 with no pre-qualification of income required; the income requirements for the Affordable Housing Reimbursement program; the financial impact of the Affordable Housing Reimbursement Program;the income requirements to qualify for the Affordable Housing Reimbursement Program; a capped amount for the Affordable Housing Program;the shortage of workforce housing;the definition of affordable housing;the current affordable housing programs being run through Housing and Community Development; enticing builders to produce homes between $150,000 and $175,000; gap financing; the intent of the policy; concern from council members regarding addressing workforce housing with affordable housing; focusing on lower income homebuyers; and identifying the types of homebuyers. Council Member Lindsey-Opel made a motion to table Item 26 and 27, seconded by Council Member Smith. The motion to table 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 City of Corpus Christi Page 17 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 O. FIRST READING ORDINANCES: (ITEMS 27 -31) 27. 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. This item was tabled during the discussion on Item 26 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 28. 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). Mayor McComb referred to Item 14. Director of Development Services Nina Nixon-Mendez stated that the purpose of this item is to allow for the extension of a Special permit for an additional 36 months to allow for the continuance of resource extraction at the site,specifically sand, gravel, and dirt, and accessory uses. The item was tabled on April 17,2018 to address stormwater drainage concerns by the adjacent property owners, Driscoll Foundation. The parties have resolved their issues and agreed to mitigation. There were no comments from the public. Council Member Molina 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 30. First Reading Ordinance - Changing Carson Street to One-way City of Corpus Christi Page 18 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 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. Mayor McComb referred to Item 30. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to amend the City's Code of Ordinances to add a one-way designation for a portion of Carson Street between Ennis Joslin Road and Alameda Street. Ms. Gray presented the following information: a vicinity map; background regarding Carson Street including local street classification, accident history since 2014 and findings; and the recommended one-way conversion to reduce cut-through traffic and increase safety. Council members and staff discussed the following topics:traffic study observations;vehicle crashes that damaged residential and City property; that the one-way designation would discourage cut-through traffic;the use of traffic control devices; if one-way traffic will be reduced to one lane;the reason the City is not recommending the closure of the street; and traffic signs associated with the change. Mayor McComb called for comments from the public. Nasser and Norma Zangehar, 502 Carson, described the accidents that occurred on their property and encouraged the City Council to support the one-way designation. Council Member Guajardo 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 31. 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. Mayor McComb referred to Item 31. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to amend the City's Code of Ordinance by removing a portion of the one-way designation on Chaparral Boulevard between Coopers Alley and IH-37. Ms. Gray presented the following information:the location map; a map of the street improvements on Chaparral Street; 2015 signalization improvements; and the two-way conversion plan. There were no comments from the public. City of Corpus Christi Page 19 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 Council Member Lindsey-Opel made a motion to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Mayor McComb, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Nay: 3- Council Member Garza, Council Member Guajardo and Council Member Hunter Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 32 -41) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff did not have any planned presentations.A council member requested information on Item 34. 32. 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. This Motion was recommended to the consent agenda. 33. 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. This Motion was recommended to the consent agenda. 34. 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. City of Corpus Christi Page 20 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 This Motion was recommended to the consent agenda. 35. Professional Services Contract for Kinney & Power Street Pump 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. This Motion was recommended to the consent agenda. 36. 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. This Motion was recommended to the consent agenda. 37. 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. This Resolution was recommended to the consent agenda. 38. 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. This Motion was recommended to the consent agenda. 39. 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 City of Corpus Christi Page 21 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 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. This Motion was recommended to the consent agenda. 40. 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. This Motion was recommended to the consent agenda. 41. 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. This Resolution was recommended to the consent agenda. R. EXECUTIVE SESSION: (ITEMS 43 -46) Mayor McComb referred to Executive Session Items 44 and 46. The Council went into executive session at 7:28 p.m. The Council returned from executive session at 9:13 p.m. 44. 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 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. This E-Session Item was discussed in executive session. 46. 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. City of Corpus Christi Paye 22 Printed on 9/6/2018 City Council Meeting Minutes August 28, 2018 S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Identify Council Future Agenda Items. The following item was identified: provide a memo to Council explaining the status and circumstances regarding the Occupational Medicine and Drug Testing Extension of the City's vendor. T. ADJOURNMENT The meeting was adjourned at 9:14 p.m. City of Corpus Christi Page 23 Printed on 9/6/2018 Cit`' of Corpus Christi 1201 Leopard Street 1 City Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Friday, August 10,2018 10:00 AM Council Chambers SPECIAL CITY COUNCIL MEETING Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 10:03 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. (Council Member Hunter arrived at 10:08 a.m.) Charter Officers: Interim City Manager Keith Selman, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. Present: 8- 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, and Council Member Greg Smith Absent: 1 - Council Member Lucy Rubio C. FIRST READING ORDINANCE: 1. First Reading Ordinance - Ordering a Special Election for Bond 2018 Ordinance ordering a special election to be held on November 6, 2018, in the City of Corpus Christi, on the questions of authorizing bond issuances of the City supported by ad valorem taxes; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for the establishment of branch early polling places; designating polling place locations; authorizing a joint election City of Corpus Christi Page 1 Printed on 9/5/2018 City Council Meeting Minutes August 10, 2018 with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. Mayor McComb referred to Item 1, ordering a Special Election for Bond 2018. Interim City Manager Keith Selman stated that staff provided the draft of the proposed 2018 Bond Program Information Guide and a summary of the 2018 proposed propositions. Executive Director of Public Works Valerie Gray presented an overview of the Bond 2018 Program including: a 2018 program summary and project totals;the streets proposed for Proposition A;that the proposed Proposition A is the only proposition that does not require a property tax increase;the additional streets proposed for Proposition B; Proposed Propositions C-F; the estimated utility bill increase for each proposition if the proposition is approved by the voters; and key dates. Council Member Molina made a motion to amend the ordinance by redesignating the$1,288,339 previously allocated in Proposition C for splash pads and shade structures to repair Cole Park and Dimitt Piers,seconded by Council Member Lindsey-Opel. Council members and staff discussed the following topics:the use of Community Enrichment Funds to fund splash pads and shade structures; long-term capital needs for Parks and Recreation;the projected costs associated with repairing Cole Park and Dimitt Piers; consideration to increase the allocation for the piers from$1.2 to$1.9 million; applying for RESTORE funds to assist with repair of the piers; a future discussion on proposed projects for RESTORE funds; and informing the public that approval of the funding related to the piers will only provide partial funding that will be used as matching funds to completely restore both piers. The motion to amend passed unanimously(Council Member Rubio-absent). Council members and staff discussed the following topics related to Proposition B,Junior Beck Drive: concern from a council member that Junior Beck Drive does not include connection to Bear Lane; extension of Junior Beck Drive versus reconstruction of the existing street; original documents related to the development of Corpus Christi Industrial Park;that the process to build the connection to Bear Lane would be done at the time adjacent properties are developed; the history regarding previous action by the Type A Board to connect Bear Lane to Old Brownsville Road for commercial haulers that was not approved by City Council; using Type B funds to fund repairs of Junior Beck Drive in lieu of using bond monies; a council member's concern that it is prudent to leave Junior Beck Drive on the bond propositions; if Junior Beck Drive will be reconstructed with concrete;whether Junior Beck Drive would qualify for Type B funds; development of the work plan to address Type B funds; previous action by City Council to remove Everhart, Holly, and Slough Roads from Proposition B to be funded by Type B monies on a spend-as-you-go basis; use of Type B funds for the repair of arterials and collectors; use of Type B funds that are allocated for economic development, not residential streets; concern by a council member related to a committee to select the arterial and collector streets approved by Type B; ingress and egress from Junior Beck Drive;the new industrial park located at Bates Road and South Padre Island Drive;the history of the demand for industrial development; and a future resolution to borrow against the CIP funds to expedite Everhart, Holly and City of Corpus Christi Paye 2 Printed on 9/5/2018 City Council Meeting Minutes August 10, 2018 Slough Roads on a pay-as-you-go basis. Council Member Lindsey-Opel made a motion to amend the ordinance by removing Junior Beck Drive from Proposition B,with the intent that the connection of Junior Beck Drive to Bear Lane and Old Brownsville Road be funded by utilizing Type B funds dedicated to economic development, seconded by Council Member Guajardo. Council members and staff discussed the follow topics related to the motion to amend:the distinction between separate funding components of Type B funds; that the motion is recommending the use of the economic development portion of Type B funds to fund the project;to leave Junior Beck Drive on Bond 2018; the risk of Type B Funds not being able to be used for Junior Beck Drive or the Type B Board not supporting the project; a legal opinion regarding the use of Type B funds related to economic development to fund Junior Beck Drive; and whether there was a partnership agreement between the City and the industrial park that stated that the City would construct the curbs, gutters, and streets. Mayor McComb called for comments from the public. Ray Madrigal,4253 Dody, spoke regarding Propositions A and B related to streets on the westside of the City and Proposition D regarding renovations and improvements for the Museum of Science and History. The motion to amend failed with the following vote: Council Members Guajardo and Lindsey-Opel voting "Aye"; Mayor McComb and Council Members Garza, Hunter, Molina, Roy, and Smith voting "No" (Council Member Rubio-absent). A brief discussion ensued regarding: clarification regarding the impact to utility rates should the bonds be approved by the voters; a future discussion on utility rates; and a complete review of the utility rate structure. Council Member Garza made a motion to approve the ordinance as amended, seconded by Council Member Smith. This Ordinance was passed and approved on first reading as amended with the following vote: Aye: 8- Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey-Opel, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Rubio Abstained: 0 D. ADJOURNMENT The meeting was adjourned at 11:24 a.m. City of Corpus Christi Page 3 Printed on 9/5/2018 City Of Corpus Christi CORPUS CHRISTI CONVENTION & VISITORS BUREAU BOARD DETAILS The Corpus Christi Convention &Visitors Bureau solicits SIZE 13 Seats various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year- TERM LENGTH 2 Years to promote the City as a year-round destination;to design and implement an advertising campaign with state, OVERVIEW TERM LIMIT 6 Years national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings;to provide support services to conventions in Corpus Christi;to operate visitor information centers;to provide information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention-related businesses to assist City planning efforts. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION Thirteen (13)members selected directly by the City Council.The members shall F-�Ik be representatives of the following groups:3-hotel industry;3-attraction industry;2-restaurant industry;and 5-community at-large.The Mayor and City Manager,or their designees,shall serve as ex-officio non-voting members of the Board.In addition,the Council will appoint a representative from the Port of DETAILS Corpus Christi Authority,a representative from the Regional Transportation Authority,a representative from the C.C. International Airport and a State Legislature Affairs representative to serve as ex-officio advisory non-voting members.Appointments will be for two-year staggered terms.No person may serve as a voting member for a period longer than six years consecutively,unless such service is required by virtue of the person's position or title or to complete an unexpired term. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Motion No.2006-209,7/11/06; Motion No.2006-243,7/25/06; Motion No.2010- 282, 11/16/10; Motion No.2013-028,2/12/13; Motion No.2014-155, 11/18/14; Amended By-Laws,8/31/17. ............................................................................................................................................................................................................................................................................................................................. MEETS 3rd Thursday of every month, 12:00 p.m., Bay Building, 101 N.Shoreline,Ste. 430. ................................................................................................................................................................................................................................................................ TERM DETAILS Two-year staggered terms. ............................................................................................................................................................................................................................................................_._.._.._. DEPARTMENT Convention and Visitors Bureau OTHER INFORMATION _.............................................................................................................................................................................................................................................................................................................................. CORPUS CHRISTI CONVENTION & VISITORS BUREAU Page 1 of 2 PLEASE UPLOAD A FILE CORPUS CHRISTI CONVENTION & VISITORS BUREAU Page 2 of 2 Corpus Christi Convention and Visitors Bureau(CCCVB) September 11,2018 Nine(9)va with terms to 10/1/20 representing the following categories:4-Community At-Large,2-Attraction In dustry,1-Restaurant Industry,1-Regional Transportation Authority(Ex-Officio,Non-voting)and 1-Port of C.C.Authority (Ex-Officio,Non-voting). (By contract,the CCCVB must nominate at least two individuals for each position.The following individuals are being nominated for At-Large-Sam Canavati,Dusty Oliveira,Regina Garcia and Dan Suckley.Staff is recommending the postponement of the Port of C.C.Authority and Attraction lndustryfar further recruitment.) Ed Cantu CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking Reappointment District 5 1 10/01/I8 At-Large 90%9/10 Christina A.Cisneros CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking Reappointment District 5 Partial 10/01/18 At-Large 75%3/4(1 exc.) James Kunau CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking Reappointment District 5 2 10/01/18 Attraction Industry 90%9/10 Jason Rodriguez CORPUS CHRISTI CONVENTION&VISITORS BUREAU Seeking Reappointment District 4 2 10/01/18 Restaurant Industry 80%8/10(1 exc.) Jorge Cmz-Redo CORPUS CHRISTI CONVENTION&VISITORS BUREAU Pending Confirmation I N/A Ex-Officio,Non-voting Regional Transportation Authority Ken W.Griffin CORPUS CHRISTI CONVENTION&VISITORS BUREAU Met Si,Year Service Limitation Other/Non-Resident 3 10/01/18 At-Large James"Jim"Needham CORPUS CHRISTI CONVENTION&VISITORS BUREAU Met Si,Year Service Limitation District 4 3 10/01/18 At-Large Terri Adams CORPUS CHRISTI CONVENTION&VISITORS BUREAU Ineligible Due to Employment Change Other/Non-Resident 2 10/01/18 Attraction Industry Vacancy CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active 1 N/A Ex-Officio,Non-voting Port of C.C.Authority Lynn Frazier CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District I 1 10/01/19 At-Large Johnny Philipello CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 1 10/01/19 Attraction Industry Raju G.Bhagat CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District I Partial 10/01/19 Hotel Industry Kendra L.Kinnison CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 1 10/01/19 Hotel Industry Melody Nixon-Bice CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 5 2 10/01/19 Hotel Industry Fred F.Soward,III. CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 1 10/01/19 Restaurant Industry Fred Segundo CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-voting C.C.International Airport Keith Selman CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active 1 N/A Ex-Officio,Non-voting City Manager Debbie Lindsey-Opel CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active District 4 1 N/A Ex-Officio,Non-voting MayorJoe McComb's Rep. State Legislature Representative CORPUS CHRISTI CONVENTION&VISITORS BUREAU Active N/A N/A Ex-Officio,Non-voting State Legislature Representative Corpus Christi Convention and Visitors Bureau Applicants September 11,2018 Libby A...yt CORPUS CHRISTI CONVENTION&VISITORS BUREAU Dirtrict4 United Way of the C—t.l Bend 46598 Everhart Road Corpus Christi TX At-Large •P—it Bh.kt. CORPUS CHRISTI CONVENTION&VISITORS BUREAU Dirtrict3 Comfort Suites TAMUCC 1814 Ennis J-M Rd Corpus Christi TX At-Large,Hotel Industry At-Large,Hotel Industry, Attraction Industry, Sam C.n.v.ti CORPUS CHRISTI CONVENTION&VISITORS BUREAU Dirtrict5 D-rill Properties 615 S.Upper B...dw.y Corpus Christi TX Restaurant Industry Fernando Fernandez,Jr. CORPUS CHRISTI CONVENTION&VISITORS BUREAU Mtrict3 Flour Bluff ISD 2505 Waldron Rd. Corpus Christi TX At-Large,Attraction Industry Sylvia Ford CORPUS CHRISTI CONVENTION&VISITORS BUREAU Dirtrict5 Corpus Christi TX At-Large Stephanie M.Garcia CORPUS CHRISTI CONVENTION&VISITORS BUREAU Di-k1:5 House of Rock 511 Starr Street Corpus Christi TX At-Large,Rest aurant Industry Regina Garcia-P—d. CORPUS CHRISTI CONVENTION&VISITORS BUREAU Dirtric15 H-E-B 4444 K—ry,Rd.,Ste.101 Corpus Chrirti TX At-Large,Restaurant Ind—,y Robbin Goodman CORPUS CHRISTI CONVENTION&VISITORS BUREAU Dirtrict4 TPCO America Corporation 5431 Hwy 35 Gregory TX At-Large Brad Ki—, CORPUS CHRISTI CONVENTION&VISITORS BUREAU Dirtrict4 First United MMh.dirt Church 900 S.Shoreline Blvd. Corpus Christi TX At-Large James S.Kruse CORPUS CHRISTI CONVENTION&VISITORS BUREAU Dit,ict5 Texas A&M Univ—fty-Corpus Chrirti 6300 Ocean Dr.,O'Connor Bldg#365 Corpus Christi TX At-Large Michelle M.M.—h-F.ehrer CORPUS CHRISTI CONVENTION&VISITORS BUREAU Dirtrict5 Texas A&M Univmky-Corpus Chrirti 6300 Ocean Ddve Unit 5722 Corpus Chrirti TX At-Large Edwin(Trey)A.MCC.mpbell,Ill. CORPUS CHRISTI CONVENTION&VISITORS BUREAU Dirtrict2 American Bank BOO N.Shoreline Suite 100 Corpus Chrirti TX At-Large D-ty Oliveira CORPUS CHRISTI CONVENTION&VISITORS BUREAU Dirtrict1 415 Peoples St. Corpus Christi TX At-Large,Hotel Industry,Attraction Industry Jason Page CORPUS CHRISTI CONVENTION&VISITORS BUREAU Di-ki:4 Self Employed Photographer Corpus Chrirti TX At-Large Josh Richline CORPUS CHRISTI CONVENTION&VISITORS BUREAU Dirtrict2 Richline Technical Services 114 Mesquite St Corpus Chrirti TX At-Large,Restaurant Industry Tom Schmid CORPUS CHRISTI CONVENTION&VISITORS BUREAU Dirtrict4 Texas State Aq...1.m 2710 North Shoreline Corpus Christi TX At-L.rge,Attraction Industry Daniel R.S.ckley CORPUS CHRISTI CONVENTION&VISITORS BUREAU Dirtrict4 American Bank 5120 South Padre Island Drive Corpus Chrirti TX At-Large *Currently app,i M,d to the Transportation Advisory Commission will resign if appointed. CITY OF CORPUS CHRISTI Submit Date: Sep 02, 2017 Application for a City Board, Commission, Committee or Corporation Profile Libby Averyt 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 31 years If yes,how many years? Primary Phone Alternate Phone United Way of the Coastal Bend Chief Development Officer Employer Job Title 46598 Everhart Road Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Libby Averyt Page 1 of 5 78411 Work Address-Zip Code libby.averyt@gmail.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) United Corpus Christi Chamber of Commerce Board of Directors Why are you interested in serving on a City board, commission or committee? My recent career change allows me to serve in capacities such as this, and after living in Corpus Christi 31 years, I believe I can be of service. I love Corpus Christi and the Coastal Bend and am an attentive and hard-working board member. Averyt resume.docx Upload a Resume Demographics Gender 9 Female Libby Averyt 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 Libby Averyt 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. Libby Averyt Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the Above Libby Averyt Page 5 of 5 Libby Averyt Business experience United Way of the Coastal Bend • Chief Development Officer, April 2017-present. Responsible for all fund- raising activities and all development and communications staff. Corpus Christi Caller-Times • President, January 2013-February 2017. Chief executive overseeing all business operations with additional responsibilities for news organizations in Abilene, San Angelo and Wichita Falls. • Vice President of Advertising, December 2009-December 2013. Oversee all advertising revenue, including print and online, and advertising department operations. • Online General Manager/Vice President, July 2008-December 2009. Oversee online production, content and sales. • Editor/Vice President, July 2003 to July 2008. Responsible for all news operations. • Managing Editor, September 2000 to July 2003. • Metro Editor, Assistant Metro Editor, Reporter, June 1986-September 2000. Texas A&M University-Corpus Christi • Adjunct instructor, Reporting and News-gathering, August 2012-December 2012. Education Bachelor of journalism, The University of Texas, 1986. Master of Arts in Communication, Texas A&M University-Corpus Christi, 2012. Journalism awards • Scripps Howard Foundation National Journalism Awards, the Edward Willis Scripps Award for Distinguished Service to the First Amendment, 1990, for being jailed on contempt charges after refusing to testify about unpublished information. • Newspaper of the Year, Texas Associated Press Managing Editors Association, five times in six years while leading the newsroom. • Headliners Club of Austin, Headliners Master Award for Investigative Report of the Year, reported and led team of reporters, 1998. • Texas Associated Press Managing Editors Association, Sweepstakes Award, 1998; First Place, team effort, 1998; First Place, Feature Series, 1998; First Place, Freedom of Information, 1990; numerous second place and honorable mentions. • Numerous honors from other organizations such as Texas Council on Family Violence, Dallas Press Club, Texas Bar Association, Texas Medical Association. Professional and leadership • Texas Press Association, Legislative Action Committee, 2014-present. • Pulitzer Prizes in Journalism, nominating juror, February 2009, March 2010. • Freedom of Information Foundation of Texas, board member, 2003-2009. • Women Business Leaders Summit in Amman, Jordan, sponsored by the U.S. State Department, 2007. • William Randolph Hearst Visiting Fellow in Residency Program, University of Texas, February 1993. • Knight Center of Specialized Journalism, fellowship in court reporting, University of Maryland, 1991. Community involvement and honors • United Corpus Christi Chamber of Commerce, Board of Directors, 2014- present. • Charlie's Place Recovery Center, Board of Directors, 2015-2017. • Texas State Aquarium, Board of Directors, 2014-2017. • United Way of the Coastal Bend, Board of Directors, 2014-2017. • American GI Forum, Standing up for Veterans banquet honoree, 2014. • LULAC Council No. 1, Leadership Award, 2014. • NAACP, Leadership Award, 2014. • Texas A&M University-Corpus Christi, Outstanding Alumnus, 2014. • Commencement speaker, Texas A&M University-Corpus Christi, May 2012. • South Texas Public Broadcasting, Board of Directors, 2011-May 2015. • Muscular Dystrophy Association, Leadership Award, January 2007. • Council on Alcohol and Drug Abuse-Coastal Bend, board member a/past president, 2003-2007. • YWCA of Corpus Christi, Y Women in Careers Awards, 1996. Personal • Married to Charles Kaf ie Jr., and between them, they have five children. • Member, All Saints' Episcopal Church. CITY OF CORPUS CHRISTI Submit Date: Nov 30, 2017 Application for a City Board, Commission, Committee or Corporation Profile Pramit Bhakta 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 25 plus If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone General Manager/Operations Comfort Suites TAMUCC Manager -nployer 1814 Ennis Joslin Rd Work Address-Street Address and Suite Number Corpus Christi Work Address-City Pramit Bhakta Page 1 of 5 Texas Work Address-State 78412 Work Address-Zip Code 3619917100 Work Phone gm.txa37@choicehotels.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? TRANSPORTATION ADVISORY COMMISSION: Appointed CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) N/A Why are you interested in serving on a City board, commission or committee? N/A pramit_bhakta_resume.docx Upload a Resume Demographics Pramit Bhakta 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 Pramit Bhakta 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 Pramit Bhakta Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Hotel Industry Question applies to TRANSPORTATION ADVISORY COMMISSION Per city ordinance, at least one member of this commission shall represent the bicycling community. Do you qualify for this category? rYes No Pramit Bhakta Page 5 of 5 Pramit Bhakta 03&" EXPERIENCE 10/09-Present JB Net Five Corporation,Operations Manager; Corpus Christi,TX • Supervise operations of 3 hospitality properties in Corpus Christi area • Increased overall sales by 10% over 3 years • Manage $900K expense budget for all properties • Coordinated and oversaw$3.2 million new construction project • Manage relationships with key hospitality franchisor 02/09-10/09 Price Waterhouse Coopers,Data Specialist; Houston,TX • Verified completion of work papers prior to scheduled archiving • Provided support to client service teams within the Portfolio • Managed professional and profitable client relationships • Cohesively Worked with a multi-billion dollar company whom had a revenue of$26 billion in 2009 08/08-11/08 Merrill Lynch,Commercial Banking Intern; Houston,TX • Assisted team that generated over$7 million in revenue from Certificates of Deposits • Helped team achieve #1 sales status nationwide • Analyzed Financial statements and made recommendation on credit worthiness of clients • Updated database for prospective and clients-maybe add something on conversion rate • Conducted economic analysis and modeling on effects of current events ACTIVITIES 02/08-11/08 American Marketing Association,Member • Networked with companies and students on pursuing and learning different types of Marketing positions 01/07-11/08 Finance Association,Member • Networked with other finance majors within the Bauer school and companies • Promotions Committee,Fall 2008 05/05-11/08 Alpha Phi Omega,Member • Awards Committee position, Spring 2007 • Assistant Treasurer,Fall 2007 • Performed over 80 hours of community service 03/06, 02/07 Star of Hope Missionary: Women's Shelter • Volunteer-Prepared dinner for the women and children who live in the shelter 09/06 Houston Food Bank • Volunteer-Helped box perishable foods for the needy 08/06 Ronald McDonald House • Volunteer-Entertained the 20 disabled children and their families by playing games and coordinating 2 movie nights EDUCATION 01/12-05/14 Masters of Business Administration May 2014 Texas A&M University of Kingsville,Kingsville,Texas 08/04- 12/08 Bachelor of Business Administration in Finance and Marketing,December 2008 C.T. Bauer College of Business,University of Houston,Houston,Texas Program for Excellence in Selling,Certificate in Sales,May 2008 C.T. Bauer College of Business,University of Houston,Houston,Texas • Worked part time while attending classes full time SKILLS AND CERTIFICATION • Experienced in personal computer use,including the following software:Word,Excel, PowerPoint, QuickBooks, Salesforce.com, and ChoiceAdvantage.com • Certified Sales Professional CITY OF CORPUS CHRISTI Submit Date: Aug 30, 2018 Application for a City Board, Commission, Committee or Corporation Profile Sam Canavati First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 42 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Durrill Properties Chief Operations Officer Employer Job Title 615 S. Upper Broadway Work Address-Street Address and Suite Number Corpus Christi Work Address-City Sam Canavati Page 1 of 5 Texas Work Address-State 78401 Work Address-Zip Code samc@durriIIproperty.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not at this time. Education, Professional and/or Community Activity (Present) Graduate from Texas State University. Chief Operations Officer at Durrill Properties. Special Olympics Volunteer, Chairman of the Board for Leadership Corpus Christi, Graduate of Leadership Corpus Christi Class 39. Why are you interested in serving on a City board, commission or committee? I would like to serve on a City board for several reasons. The primary reason is to help our city grow and prosper. I have lived in Corpus Christi my entire life, and I truly believe that this city has more potential than almost anywhere else in the United States. Education is also very important to me, and I believe that it should be the foundation in creating better communities. I have always believed in doing the right thing and helping people, and by serving on this board I will be able to do just that. Demographics Sam Canavati 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 Sam Canavati Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r• Yesr- No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Our Company has a contract with the Museum of Science and History that expires September 30th,2018. Sam Canavati Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? • Hotel Industry • Attraction Industry • Restaurant Industry Sam Canavati Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Feb 05, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr. Fernando Fernandez Jr. Prefix First Name Last Name Suffix Email Address Street Address State City Postal Code What district do you live in? V District 3 Current resident of the city? Yes f- No 18 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Flour Bluff ISD Director of Vocal Ensembles Employer Job Title 2505 Waldron Rd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mr. Fernando Fernandez Jr. Page 1 of 6 TX Work Address-State 78418 Work Address-Zip Code 361-694-9031 Work Phone ffernandez@fIourbluffschools.net Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) Aransas Pass HS Graduate, Undergraduate studies: Phillips University (Enid, OK), St. Gregory's University (Shawnee, OK), Graduate studies: TAMUCC; Board President- Harbor Playhouse; Director of Traditional Music- St. Luke's United Methodist Church; TMEA (Texas Music Educators Assoc. vocal division vice-chair/chair); Freemason; TCDA (Texas Choral Directors Assoc.); TMAA (Texas Music Adjudicators Assoc.) Why are you interested in serving on a City board, commission or committee? To help serve the city and citizens of Corpus Christi. To help share new ideas and implement them into action. To bring a greater awareness on any committee I serve on and represent the city and its citizens with honor and dignity. currentresFFJnonmusic.doc Upload a Resume Mr. Fernando Fernandez Jr. Page 2 of 6 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Mr. Fernando Fernandez Jr. Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. none of the above were a yes Mr. Fernando Fernandez Jr. Page 4 of 6 Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? I Public Art / Public Space I Youth / Education I Business Development Groups / Corporate Representative V Performing Arts (music, dance, drama, film) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Question applies to MUSEUM OF SCIENCE AND HISTORY ADVISORY BOARD Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? Pr K - 12 Education 9 Business Community Mr. Fernando Fernandez Jr. Page 5 of 6 Question applies to SISTER CITY COMMITTEE Per city ordinance, the committee must include members representing certain categories. Do you qualify for any of the following categories? W Advertising/Public Relations W Arts/Cultural Mr. Fernando Fernandez Jr. Page 6 of 6 Fernando Fernandez Jr. Professional Profile I possess strong skills in managing and maintaining resources, creating a classroom environment that is enthusiastic and yet conducive to learning- challenging and encouraging students to achieve beyond their potential-while providing a quality education, compassionate mentoring, and holding true to the ideals and principles of an honest life. I am confident that I posses the knowledge, skills, desire, and capabilities to immediately assume a role within a city board committee. I would gladly welcome an opportunity to discuss your goals and objectives as well as my abilities to fulfill your requirements. I feel that my skills, experience, ability and enthusiasm would be an asset to the city of Corpus Christi. Thank you for your time and consideration of my qualifications. I look forward to hearing from you soon. • 17 years Texas Public Schools • Band/Orchestra Director • 2 years Illinois Private Schools • Music Director for HS/Community • 2 years Oklahoma College and Public Schools Musicals • Minor piano accompaniment skills • Music Minister- United Methodist • Composer and Arranger • Mentor for TAMUCC Educator Prep. • Private Voice and Brass Studio Experience • TMEA Region Chair/Vice-Chair (14 years) • Bilingual (English-Spanish) Professional Experience Flour Bluff Junior High and High School, Corpus Christi, TX September 2001 - Current Director of Vocal Ensembles Achievements: • 48 TMEAArea Candidates / 15 TMEAAII-State Choir Members • "1" Concert Ratings on stage for 9 of the last 12 years • Gained $15,000+ in donations for the High School Choir • TM EA Region XIV Vocal Chair (4 terms)/Vice Chair (3 terms) • Fine Arts representative for SBDM committee at high school (2 terms) • Raised performance and quality standards in both JH and HS programs • Earned highest success rate in the program's history • Nominated for Who's Who Among America's Teachers (2005,2010) • Named a Claes Nobel Educator of Distinction (2007) • 2nd Runner-up Krispy Kreme Doughnuts Teacher of the Year (2010) Responsibilities: • Coordinate JH to HS program's musical transition • Maintain standards of excellence and high level of competitiveness within all HS junior varsity and varsity choirs • Prepare the choirs for concerts, contests and various public and private performances — provide piano accompaniment when able • Develop and maintain beginning and auditioned classes for JH choir program • Select appropriate repertoire for performances and contests and maintain the JH and HS choral libraries St. Luke's United Methodist Church, Corpus Christi, TX August 2006 —Current Minister of Music Achievements: • Raised performance quality and varied musical repertoire • Started `College Singer' scholarships with a$5,000 donation • Increased choral selections performed to (2) per service • Earned choir's first-time invitation to perform at UMC Annual Conference • Increased awareness and participation in the choir and hand bells • Gained $40,000+ in donations for the music ministry programs Responsibilities: • Select and schedule appropriate literature one month in advance • Direct Chancel Choir and Hand Bell Ensemble in rehearsal and services • Serve as liaison to the Pastor and assist in the liturgy planning • Manage the music library and maintenance on all musical equipment • Lead the congregational singing weekly in service Marmion Academy, Aurora, IL January 2000—June 2001 Dorm Prefect and Music Faculty Achievements: • Expanded Cantorial Choir to double the membership • 4 of 6 studio voice students landed lead roles in school musicals • Student Council prepared more programs and became more active • Named to Liturgy committee for all-school masses • Increased interest in boarding program Responsibilities: • Translator for outreach programs and for LEP students • Maintain budgets for student council, music classes, and dorms • Assist head Band/Choir director as needed or assigned • Supervise all student council events and advise as to school policies • Support, nurture and guide 35-50 HS boys within the Catholic boarding school environment St. Gregory's University, Shawnee, OK May 1999 —October 1999 Coordinator for Student Activities Achievements: • Planned and Coordinated Freshman Orientation and Homecoming • Created and directed University Jazz Band • Served as sponsor/advisor for a sorority and Hispanic Awareness Club • Created on-campus tradition of"Coffeehouse Nights", streamlined the procedures for Greek Council business, and implemented Robert's Rules of Order into the student senate Responsibilities: • Create and maintain budgets for all dorm and student body activities • Supervise the dorm staff and serve as live-in advisor • Create and maintain a monthly calendar of events/website- coordinating with all other clubs and organizations • Recruit members and rehearse the jazz band weekly Education Texas A&M University- Corpus Christi, Corpus Christi, TX Masters in Secondary Education (6 hrs. to completion) St. Gregory's University, Shawnee, OK BA in Humanities (Music) May 1999 Phillips University, Enid, OK Undergraduate Study in Music and Liberal Arts August 1993 -July 1998 References --Available upon request-- 0 Mentoring, Clinics, and Assignments: Texas Shrine Assoc. State Convention- Chanters Unit Contest Judge (May 2005) Pre-Service Teacher Mentor for TAMUCC (2001-2015) Student Teacher Mentor and Trainer for TAMUCC (2001-2003, 2005-2008,2010,2015) CCISD Choral Showcase Adjudicator/Clinician (2008-2010,2014-2018) All-State Choir Camp Instructor for Del Mar College (2003-2017) All-Area Master Chorus Coordinator (March 2005,2014-15) UIL Concert and Sight Reading Contest Site Host (2002-2004, 2006-2017) TMAA Active Choral Adjudicator State-wide (2012-2018) Original Compositions Commissioned and/or Performed: (More complete catalogue available upon request) Latin A Cappella(SATE Collection): arr. Deke Sharon/ed.Anne Raugh (served as editor/advisor)^ A Little Dancing Song (low brass trio)** Serend ipity-doo-dah (woodwind quintet)** Morning View from the Mountain (piano)* Funkadelic Piano #1 (piano)** Going Home, Tonight (piano)* Canciones de Amor Prohibido: Prelude (piano)* Hilah Adonai (SATB and piano)*** A Choral Litany(SATB and piano)** The Wizard of OZ:An Original Musical Setting (piano, synthesizer and voice)** Take, O Take Those Lips Away(TTB choir w/cello, piano) Ode to Music (SATB w/brass, piano)** Ave Maris Stella (SAB w/violin, piano) Madrigal (SSAw/piano) Two Settings from Dante's Divine Comedy (SATB choir and piano) What Color is God's Skin (arr. for SAB w/piano) ** Angels Divine (arr. for SSAA a cappella) *University Press Published **Commissioned Work ^Commercial Publication Professional Organizations: TMEA-Texas Music Educators Assoc. (Vocal Chair/Vice Chair - Convention Presider/Presenter) TCDA-Texas Choral Directors Assoc. (Convention Team - Door Prize Committee) TSTA-Texas State Teachers Assoc. (member) TMAA—Texas Music Adjudicators Assoc. (Permanent List member) Oso-Naval Masonic Lodge No. 1282 (musician, member) Mu Phi Epsilon- Professional Music Fraternity (chorister, alumni relations, president, donor) St. Gregory's Univ. Hispanic Awareness Student Association (member, advisor, donor) St. Gregory's Abbey—Shawnee, OK(donor) Harbor Playhouse- Board of Directors (president, donor) Corpus Christi York Rite- Chapter 91 RAM, Council 55 R&SM, Commandery 57 KT (inactive) AAONMS-Al Amin, Shriners (inactive) Major Research Papers in Music and Education: Public School Music Teacher:A Hands-on Curriculum for Texas Choral Directors Streamlined "Hunter" Lesson Plans for Undergraduate Music Teaching Experiences An Approach and a Curriculum for Undergraduate Secondary Music Methods Class The Art Songs of Modest Mussorgsky Shostakovich, Mussorgsky and the Rayok:An Anti-Political Art Song Movement Music on the Theme of the Blessed Virgin Mary up to the Renaissance Wagner vs. Brahms: Who was the Real Modernist? Losing Their Marbles: The Castrati Story Edgard Varese, the 20th Century and Musique Concrete:An Analysis Kaddish, Leonard Bernstein, and the Inner-Emotions of Symphony No. 3 Musical Experience: St. Luke's United Methodist Church Director of Traditional Music (2006-current) Singer/Actor- Harbor Playhouse (2012-2018) United Methodist Church Annual Conference Mass Choir- conductor (2006,2008,2012,2014) Corpus Christi Chorale/Del Mar Master Singers (2010, 2014-15) Musical Director/Conductor:Annie (2006), The Sound of Music (2007), Into the Woods (2008), Really Rosie (2009), You're a Good Man, Charlie Brown (2014), Carrie: The Musical (2015) St. John's United Methodist Mixed Choir and Men's Chorus (2004-2006) Oso-Naval Masonic Lodge Musician (2003-2008) Al Amin Shriners- Chanters Unit (2004-2005) Vocal Coach for Marmion Musicals-Joseph and Technicolor Dreamcoat, Carousel(2000, 2001) Enid-Phillips Symphony Orchestra(1993-95) - Principal Tuba Phillips University Wind Ensemble (1993-98) -Tuba and Euphonium P.U. Jazz Ensemble (1995-97) -Tuba and Bass Trombone P.U. Brass Ensemble (1994-97) -Tuba Enid Community Band (1994, 1995) -Tuba and Euphonium OMEA Inter-Collegiate Honor Band (1996) -Tuba Phillips University Concert Choir (1993-98) -Tenor, composer-in-residence P.U. Chamber Singers (1993-94, 97-98) -Tenor/Baritone, student conductor St. Gregory's University Chorale (1999) - Baritone, Composer-in-residence St. Gregory's University Theatre Dept. (1998-99) - Twelfth Night as Sir Toby Belch, The Fantasticks as EI Gallo and musical orchestrator for Androcles and the Lion The Educational Philosophy of Fernando Fernandez Jr. My educational philosophy is not a short-term thought creation, but rather is drawn from a lifetime of learning and encouraging others. It stems from my positive and negative experiences as a student, my training and insight as an active classroom teacher, and being a life-long advocate for the fine arts and higher education. I believe that these following things should be practiced and displayed every day within my classroom-the students will: smile,learn to achieve beyond their potential, feel safe and comfortable, leave every day with a song in their heart, have a desire to succeed, learn and improve from their mistakes, and when they graduate will support the fine arts their whole life long. I feel that a student needs to be exposed to and learned in the core areas: reading, writing, mathematics, history, science, languages, and civics. The supplementation of the fine arts to this core area makes for a well versed and knowledgeable student and citizen. In the classroom,the use of Socratic dialogue has been time-tested and proven to be an advantageous strategy to use for the encouragement of higher level learning and thinking. The practice of intellectual and moral discipline strategies are at the heart of the fine arts classroom.Although the classroom learning intensity changes from day to day in a rehearsal setting,there is still an underlined uniformity to the class. This feeling of continuity makes the students comfortable, and also trains them for the uniformity of life in the workplace. Intelligent and frequent discussion is the key to a successful classroom as well. If the teacher does not take time to talk with their students and learn from them, then they will never learn how best to reach and teach them. Learning from our students can be the most thought provoking and humbling thing we ever do as a teacher.Always be in charge and the ultimate authority figure,but leave room for their thoughts,input, and discussion. Therefore,the school of thought I feel most comfortable aligning myself with is that of Essentialism. I feel that the aim and purpose of schooling should be to teach our children all they will need to survive in the realities of the work place,the world of higher education,the rigors and responsibilities of family life, and most importantly respect for themselves and others. Through the academic core areas they learn all they need to not only pass the state mandated tests,but to function as a conversant citizen. Reading, writing, mathematics, science, history, and technology applications are essential to success and for a well-rounded individual. They train and develop them into being able to serve in a job with competency, attend a higher level of schooling with a ground basis of core knowledge to draw from, and they help them to help their families.A quality education is life-long and benefits everyone whom they may come in contact with-be they friend, family, co-worker, or stranger.While the core content is important to success,the fine arts are where they learn heightened states of discipline and self-awareness, collaborative learning, fostering an appreciation and understanding for life's complexities, and a craft they can use for education, recreation and relaxation their whole life long. Through a quality fine arts education the students will learn both world and music history, foreign languages,reinforcing mathematic basics, solving higher-order thinking puzzles and instances, applications of arts in everyday life,passion for the arts, nostalgia and a sense of"home away from home", and a desire to continue a life-long track to success. Their individual or group success at contests and in concerts propels them forward and creates that desire in their hearts to continue on this track their whole life. Since the days of Plato as an educator, the inclusion of the fine arts has been considered to not only be core to creating a well-rounded citizen, but an outstanding one at that. I believe that instruction should be delivered in a precise, concise,interesting, and enjoyable tone and manner. The student should enter the room with the desire to want to learn as much as they possibly can within the class'length. They should be encouraged and pushed a little into higher level content and repertoire in class. The material should be relevant, cross-curricular, stimulating, and presented in a logical sequence. The length of the class period should be utilized to the fullest; making sure that instruction is the primary objective and also making each minute count. The students will be actively engaged in learning or creating something for every minute they are in my classroom. I will only accept the best possible work from them and strive to encourage them to continually improve themselves. Through my continued education and development, I will show my students first hand that learning never stops and share my continued fascination with learning. The best way for me to be knowledgeable and up- to-date on current trends and issues affecting my students and my field is by committing myself to professional development sessions as they become available. I will annually attend conventions and sessions offered by Texas Music Educator's Association and Texas Choral Director's Association to keep abreast on these issues and trends. I will also actively follow and read journals in education and music education to make sure I am practicing the very best teaching I possibly can.A teacher who does not continue their learning is not only hurting themselves but ultimately their students. Only the highest quality materials and supplies should be used in the classroom; as the program budget allows. The classroom should have an active layout and design; one that is both inviting and inspires creating and learning. The ultimate goal of instruction is to model and teach; not just content,but life skills, character, success, and a love for life long learning. I believe that in my classroom, students have a chance to voice their opinions, thoughts and questions in an environment that encourages and enlightens. They have a say in what music we program, how many performances we offer, how best to reach the community and give back, how best to assist them in learning difficult sequences, and how the music and class makes them feel or think. The students will be taught to get along with everyone,by my lead and example, and will learn a guided form of peer mediation when a problem arises. There will be no room for intolerance of others, and harmony, both in the music and in the class'relations, will be a large part of the ultimate goal for my daily classroom. There is an air of respect and courtesy in the classroom for all administrators,visitors, parents, classmates, and instructors. I, as the teacher, set the tone for their behaviors; and they will follow my lead and example when dealing with others. Every one from every background is always welcome, and made to feel especially welcome in the classroom at any time. I will never speak ill of a colleague or parent in front of any students, or others on the staff, and will treat my colleagues and parents with the same courtesy and respect I expect of them. For my parents, I will be available to them via conference period, phone, or email for their assistance or inquiry. They will be treated in a dignified manner and their issues addressed always with sensitivity, a professional tone of voice and a look of confidence-no matter how upset or hostile they may be or become.As for my colleagues, we should hold and respect the rules and standards laid out for us by both the state and the school district.Also,the less time I spend in the faculty lounge will be the best time I spend with my colleagues in conversation. J.S. Bach once wrote, "The aim and final purpose for all music should be nothing else but the glory of God and the refreshment of the spirit." Since I teach in a public school,it is all done for the refreshment of the spirit; and the glory of God is secretly in every individual's heart. These are the things I believe to be essential to a quality education, and are in turn the credo for my personal education philosophy. CITY OF CORPUS CHRISTI Submit Date: Apr 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Sylvia Ford First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 57 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self Public Speaker i mployer Job Title 3306 New Bedford Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Sylvia Ford Page 1 of 6 TX Work Address-State 78414 Work Address-Zip Code 361 5586082 Work Phone sford@stx.rr.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY: Submitted CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION: Submitted CORPUS CHRISTI B CORPORATION: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Current Education - Leadership/Management, Fundraising Crowd Funding Management Board Member - Leadership Corpus Christi Alumni, Corpus Christi Metro Ministries Why are you interested in serving on a City board, commission or committee? Servant-Leader. Natural willingness to apply my expertise, experiences and knowledge to enrich the lives of our community and ultimately create a more just and caring community with highest "quality of life" standards Sylvia A Ford Board Commision Resume..docx Upload a Resume Sylvia Ford Page 2 of 6 Demographics Gender P Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Sylvia Ford Page 3 of 6 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-. No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes ' No Sylvia Ford Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) tr Yes r- No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you transportation disadvantaged meaning elderly, persons with disabilities or low- income individuals? r Yes ' No Sylvia Ford Page 5 of 6 Sylvia Ford Page 6 of 6 Sylvia A. Ford EXECUTIVE PROFILE Visionary professional with accomplished broad-based and progressive experience in Public Relations, Public Speaking, Administrative Management Business Development, Strategic Operating Strategies, Finance and Human Resources. Proven ability to work as a leader to integrate functions within the overall business goals. SKILL HIGHLIGHTS Market research and analysis *Possess ability to conduct market Business operations organization research/analysis to develop Innovative Product successful measurable Development/implementation programs/activities Effective public speaker *Concise strategic planner in business operations organization with innovative product development and implementation *Outstanding public speaker with clear Delivery of message to targeted audience CORE ACCOMPLISHMENTS Public Relations • Spearheaded many public speaking forums with targeted audience to develop and sustain the buy in of required parties to reach project success • Identified/produced partnerships that were most unlikely to identify their commonality for project goals Business Development/Project Management • Created/managed the roll out of new and innovative programs that benefited Corporate/City/County strategic goals • Instituted all functions related to programs to include budget dynamics Human Resources/Staff Development • Administered Human Resources regulatory requirements throughout corporate functions • Spearheaded new leadership program which increased retention • Mentored and coached employees resulting in a 42% increase in productivity and 99% in employee retention PROFESSIONAL EXPERIENCE Current Public Speaker Educational/Motivational Independent Consultant Responsible for development and directing launch of new programs using municipality grants related to economic development/housing/entrepreneurs. Strengthened municipality partner and community buy in base by 100%. Spearhead cross-functional initiative to achieve regulatory standard requirements. Director/Non-Profit Organization, Corpus Christi, TX Identified/negotiated new branch location in Corpus Christi and secured funding resources. Accountable for overall South Texas regional operations. Managed program/product implementation. Senior Management/Banking-Finance Industry, Corpus Christi, TX Public Relations, Finance, Audit/Compliance, Human Resources, Community Development Maintained all department operations related to OCC exams, budget, business development, public relations, community development. Developed and directed strategy for launch of new products that captured 90% of market share. Initiated/implemented new mortgage lending division in Corpus Christi region in partnership with City of Corpus Christi Affordable Housing program HUD grant. Maintained loan portfolio. Directed, supervised and coordinated work activities in Human Resources administration for subordinates/staff relating to employment, compensation, labor standards. Managed staff performance, audits, disputes, disciplinary action. Analyzed and modified compensation benefit policies and conducted human resources compliant investigations. Maintained standards/procedures and updated employee job descriptions. COMMUNITY INVOLVEMENT EXPERIENCE President Corpus Christi Community Development Corporation (5 terms) Committee City of Corpus Christi Type A Board/Business job Development Team HUD Affordable Housing Community Improvement Corporation Loan Review job Search/Interview Panels Housing/Economic Development Housing Authority Governor's Roundtable Housing/Economic Development HUD Advisory Committee Partnership Corpus Christi Regional Economic Development Corporation Board Christus Spohn - Houston TX Member Junior League of Corpus Christi, League of Women Voters, Leadership Corpus Christi Alumni EDUCATION Institute of Banking Certification Del Mar College CITY OF CORPUS CHRISTI Submit Date: Aug 07, 2017 Application for a City Board, Commission, Committee or Corporation Profile Stephanie M Garcia 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 30 If yes,how many years? Primary Phone Alternate Phone House of Rock Marketing and Public Relations Employer Job Title 511 Starr Street Work Address-Street Address and Suite Number Corpus Christi Work Address-City Texas Work Address-State Stephanie M Garcia Page 1 of 5 78401 Work Address-Zip Code stephanie@texashouseofrock.com Work E-mail address Preferred Mailing Address W Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) • National Alumni Association Board of Directors 2016 — Present Co-chair of the Alumni Marketing Committee • Chair of the Corpus Christi 7 Day Film Project Steering Committee 2014 — Present • Corpus Christi Police Foundation Annual Breakfast Committee Member • Masterpiece in a Day Committee Member 2015 — Present Associate in Art - Journalism 2010 Del Mar College, Corpus Christi, TX Bachelor in Liberal Arts - Communications 2012 Texas A&M Corpus Christi, Corpus Christi, TX Why are you interested in serving on a City board, commission or committee? I was born and raised in Corpus Christi. I believe in giving back to my community and contributing to its progress in any way possible. I enjoy being a part of committees and boards that work to improve Corpus Christi and love being a part of the growth of our city. Stephanie_Garcia_resume.pdf Upload a Resume Demographics Gender 1`J Female Stephanie M Garcia 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 Stephanie M Garcia Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Stephanie M Garcia Page 4 of 5 Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? V Marketing Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Stephanie M Garcia Page 5 of 5 STEPHANIE M . GARCIA EDUCATION Associate in Art—Journalism 2010 Del Mar College, Corpus Christi, TX Bachelor in Liberal Arts—Communications 2012 Texas A&M Corpus Christi, Corpus Christi, TX WORK EXPERIENCE House of Rock Office Manager/Marketing and Public Relations December 2011 -Present • In charge of administrative duties including payroll, bookkeeping, employee paperwork, etc. • Maintain and update website, Facebook,Twitter and other social media daily • Create press releases and marketing plans for upcoming shows and events • Manage interns who assist in creating promotional material for the venue • Assist in the planning and promotion of 20+ shows and events each month COMMUNITY INVOLVEMENT AND ACHIEVEMENTS • Leadership Corpus Christi—Class 43 • 2017 Corpus Christi 40 Under 40 recipient • National Alumni Association Board of Directors 2016—Present Co-chair of the Alumni Marketing Committee • Chair of the Corpus Christi 7 Day Film Project Steering Committee 2014—Present • Corpus Christi Police Foundation Annual Breakfast Committee Member • Masterpiece in a Day Committee Member 2015—Present CITY OF CORPUS CHRISTI Submit Date: Aug 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Regina Garcia-posada First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 46 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone H-E-B Public Affairs Sr. Mqr. Employer Job Title 4444 Kostoryz Rd. Ste. 101 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Regina Garcia-posada Page 1 of 5 Texas Work Address-State 78415 Work Address-Zip Code 3618571708 Work Phone Garcia.regina@heb.com Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor of Fine Arts in Radio Television and Film Why are you interested in serving on a City board, commission or committee? Passionate about the city, tourism and interests involved with creating wonderful events for Corpus Christi. Regina_Garcia-Posada_1 doc Upload a Resume Demographics Regina Garcia-posada 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 Regina Garcia-posada Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. I did not answer yes. Regina Garcia-posada Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Regina Garcia-posada Page 5 of 5 REGINA GARCIA-POSADA OBJECTIVE Become a Strong Leader in Live Media, Social Media, and obtain a position with a company that allows the use of demonstrated organizational,communication,and leadership skills. PROFILE Motivated, business professional with a college degree in the communications field. An excellent 22-year track record of creating, maintaining and protecting various organization's favorable image. Outstanding communication skills with the talent to focus and execute tasks. Diplomatic and tactful working with various governments, companies, and industries. Accustomed to handling sensitive, confidential information. EXPERIENCE H-E-B October 2011—Present Public Affairs Sr. Manager Manage community investments/donation requests, media inquiries,and communication about H-E-B in local,statewide and national markets. • Provide leadership and support in the development and direction of H-E-B's public affairs strategies and corporate image initiatives. • Manage and implement H-E-B's media relations plans and strategies, including the maintenance of public branding opportunities and events. • Acts as company spokesperson to media • Creates critical message points, papers,and releases in support of media relations plan, including contacting media representatives • Develops and maintains internal and external relationships with key stakeholders that advance and support corporate image initiatives. • Serves directly in community and civic roles in a leadership capacity • Develops the regional budgeting processes for operational,charitable,and non-charitable expenses • Develops H-E-B's community relations plans and programs, including the maintenance and implementation of regional philanthropic efforts • Manages staff and provides inter-departmental leadership on projects, processes,and programs • Creates videos to highlight programs and initiatives of H-E-B Corpus Christi Convention&Visitors Bureau January 2010—October 2011 Communications Manager Manages and distributes creative communication about Corpus Christi in local,statewide,national,and international markets. • Communication for Conventions - works with convention meeting planners and informs local media, CVB partners and local attractions/restaurants of upcoming conventions. • Press Release distribution to local,statewide, national,and international markets. • Press Conferences-coordinates with media, location site,and creates itinerary for speakers • Media Blitz Trips - travel statewide to meet one-on-one with publications, media editors and writers to discuss events and meeting space in Corpus Christi. • Newsletter-develops,writes and designs quarterly newsletter • Travel Writers-develops itinerary,coordinates visits,and guides writers to local attractions and beaches. • Budgets—manage travel and promotional budgets. Kill-TV March 2007-January 2010 Anchor/Reporter Anchored designated news broadcasts or special programs as assigned. Spokesperson for"Be Safe from Diabetes"Campaign that impacted thousands of families. Other Duties consisted of: • Investigating,writing,editing,and proofing assigned news stories. • Coordinating ideas and interviewing guest for on-air broadcast. • Initiating new story ideas in order to facilitate news worthy reports. • Maintaining community relations via volunteer work, public speaking events and Mistress of Ceremony Texas Department of Family and Protective Services April 2006-March 2007 Public Information Officer Served as the Region 11 DFPS Public Information Officer. Developed information material for projects and programs with regional program directors, Region 11 management team,staff and media. Duties consisted of: • Contact for news media regarding stories and articles • Plan,organize,and evaluate special cross program initiatives and projects • Develop and maintain a pro-active Strategic Communications Plan • Delivering communications training to staff Driscoll Children's Hospital December 2003—April 2006 Public Relations Director Provided leadership for all Public Relations departmental functions and day-to-day operations in support of hospital mission. Duties consisted of: • Coordinating media relations program for marketing projects, to include press releases, press events, and cultivation of press relationships including print,TV, radio,and Internet. • Coordinating all public relations events for Driscoll Children's Hospital major marketing projects (i.e.: Fiesta De Los Ninos, Chemo Kids Fish Off,etc.) • Coordinating publication strategies for pediatric health care issues in Corpus Christi, Rio Grande Valley, Laredo, and all other markets served. • Manage budget for local outreach programs. Kill-TV July 2001—December 2003 Reporter/Anchor Anchored designated news broadcasts or special programs as assigned. Develop story ideas for various news broadcasts. Duties consisted of: • Investigating,writing,editing,and proofing assigned news stories. • Contacting,scheduling and interviewing guest for on-air broadcast. • Developing community contacts in order to facilitate news worthy reports. • Maintaining community relations via station sponsored promotion events,guest speaking and mistress of ceremony. KRIS-TV July 1999—July 2001 Reporter Anchor Responsible for anchoring designated news broadcasts or special programs as assigned. Duties consisted of: • Investigating,writing,editing,and proofing assigned news stories. • Contacting,scheduling and interviewing guest for on-air broadcast. • Developing community contacts in order to facilitate news worthy reports. • Maintaining community relations via station sponsored promotion events,guest speaking and mistress of ceremony. KPRC January 1999—July 1999 Associated Producer Responsible for collecting news stories and video for 2-hour morning newscast and cut-ins. • Worked alongside producers to re-write and update morning news scripts • Develop news content in-line with the newscast objectives and cut-ins • Time-management of newscasts per stations request • Responsible for all video content throughout 2-hour morning newscast and cut-ins KZTV August 1996—December 1998 Reporter/Anchor Responsible for reporting local news stories and serving as anchor for Morning and Noon shows. • Producer of Morning Cut-Ins • Responsible for Scripts, Rewrites,and Collecting video for newscast • Develop and edit newscast for Noon Show and would serve as On-Air talent when needed • Maintaining community relations via station events ASSOCIATIONS I AWARDS United Chamber of Commerce Board Member- Present American Heart Association Board Member- Present Christus SPOHN Foundation Board Member-Present St.John Paul II High School Advisory Council- Present Digital Technology Advisory Council(DTAC)for Corpus Christi Independent School District- Present Pastoral Plan Steering Committee(Diocese of Corpus Christi)- Present Fiesta de la Flor Festival(Co-Host)-Present Most Beautiful Women Inside&Out(The Bend Magazine)-2017 Leadership Corpus Christi Class XXXVI Steering Committee 2007-2008 Leadership Corpus Christi Class XXXV 2006-2007 Corpus Christi Chamber of Commerce program designed to build leadership development of selected individuals in Corpus Christi Corpus Christi 40 Under 40 Steering Committees 2008&2009 Corpus Christi 40 Under 40 2006, 2007&2010 Corpus Christi Chamber of Commerce Recognition of Individuals under the age of 40 who have excelled professionally and who have made a commitment to be servant leaders in their homes,schools,workplaces,and churches. Various past Board Memberships include;The Rise School of Corpus Christi, Conquer the Coast, Ronald McDonald House, Big Brothers, Big Sisters, American Cancer Society,and Best of the Best News Anchor award. EDUCATION Bachelor of Fine Arts in Radio/Television/Film August 1996 Sam Houston State University, Huntsville,TX CITY OF CORPUS CHRISTI Submit Date: Apr 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Robbin Goodman First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 4 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone TPCO America Corporation Business Operations Specialist Employer Job Title 5431 Hwy 35 Work Address-Street Address and Suite Number Gregory Work Address-City Robbin Goodman Page 1 of 6 TX Work Address-State 78412 Work Address-Zip Code 361-704-8100 Work Phone robbing@tpcoamerica.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) Education Texas A&M University — Corpus Christi Bachelors of Art in Economics, Magna Cum Laude Masters of Business Administration - Graduating 08/2018 Awards and Scholarships Omicron Delta Epsilon Economics Honor Society Member Wells Fargo Award for Outstanding Academic Performance in Economics TPCO America Certificate of Recognition The Language Flagship Chinese Scholarship American Petroleum Institute (Victoria, TX) Scholarship American Petroleum Institute (Corpus Christi, TX) Scholarship American Petroleum Institute (Alice, TX) Scholarship Desk and Derrick Club Scholarship Chinese Government Scholarship University of Mississippi Academic Excellence Scholarship Community Organizations World Affairs Council of South Texas, Representative Boy Scouts Toughest Scout Challenge, Team Captain Ronald McDonald House of Corpus Christi, Volunteer American Heart Association Heart Walk, Team Captain Why are you interested in serving on a City board, commission or committee? I believe Corpus Christi is blessed with the capacity to be a world wide destination city. However, it takes action oriented residents to bring that capacity to fruition. Having travelled the world, I have first-hand knowledge of what attracts visitors to an area and the type of marketing it takes to create demand. I sincerely want use my knowledge and experiences to do my part for Corpus Christi. Robbin Goodman Page 2 of 6 Robbin Resume_April_6 2018.pdf Upload a Resume Demographics Gender V Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Robbin Goodman 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 Robbin Goodman Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? P None of the above Robbin Goodman Page 5 of 6 Robbin Goodman Page 6 of 6 ROBBIN GOODMAN WORK EXPERIENCE Business Operations Specialist TPCO America Corporation 8/2014-Current TPCO America is the largest Chinese greenfield investment in US history at$1.3 billion Manage and report to President regarding the following: Public Relations & Legal Affairs • Research, analyze, and advocate for company on policy issues at the federal, state &local level • Collaborate with federal, state and local lawmakers to encourage pro-business environment • Organize official delegations between Chinese and Texas state and local governments • Interpret and convey legal concepts from Texas counsel to TPCO attorneys in China • Manage document retention with outside counsel for discovery in ITC action • Identify, research, and pursue Foreign Trade Zone status from Customs and Border Patrol • Oversee website, digital media, social media accounts and traditional media advertising General Business Administration • Develop and implement company-wide administrative management policies • Manage$1.4 million annual operating and procurement budget • Supervise team of 20 administrative assistants, systems administrators and security personnel • Oversee expatriate services: immigration, housing,transportation, etc. • Manage$4.2 million 40-unit corporate housing project • Lead initiative to support local businesses by sourcing local financing, vendors and services IT Management • Develop and implement company-wide IT management policies • Implement full range of office cloud based computing systems • Supervise design and build of network infrastructure on 450+ acre manufacturing site • Manage full range of communication solutions - office phones,handset, tablets, digital forms • Cultivate strategic telecommunication partnerships to optimize international intemet traffic Business Consultant Tianjin Efood Trading Co. 5/2014 - 7/2014 • Communicate with suppliers from Spain, Malaysia&Thailand • Source new products and suppliers, conduct financial analysis on new products/projects • Represent company at SIAL international food and beverage exposition in Shanghai • Successfully negotiate exclusive supplier deal with EU beverage company • Develop 13213 customer accounts and distributor partnerships across the Asia Pacific region Research Assistant China University of Geoscience 01/12 - 6/12 & 5/13 - 9/13 • Prepare field reports, maps, and cross-section diagrams • Prepare permeability/porosity reports on oil wells • Assist on geological survey of Henan gold mine • Perform microprobe analysis of rock samples at Texas A&M University GIS Intern Urban Surveying Inc. 4/2013 - 5/2013 • Operated Trimble GPS equipment in urban and field environment • Learned basics of property boundary and oilfield survey • Completed range of oil field survey tasks: staked well pads, pipelines, and work easements • Karnes city royalties survey for Marathon Oil Machine Shop Assistant Drill String Services Inc. 6/2011 - 8/2011 • Prepared drill steam, doping and capping,to be returned to customer • Ran chemical process phosphate coating machined parts • Represented company on oil rig in variety of rework and drifting operations ROBBIN GOODMAN Education Texas A&M University— Corpus Christi Bachelors of Art in Economics, Magna Cum Laude Masters of Business Administration- Graduating 08/2018 University of Mississippi Geological Engineering Mandarin Chinese Tianjin Normal University Chinese Language Flagship Capstone China University of Geoscience (Beijing) Geology Qingdao University Chinese Language Flagship Center St. Stephen's Episcopal High School -Austin, Texas School Year Abroad- Beijing, China Academic Publications 2016 - Heavy metals in soil and plants after long-term sewage irrigation at Tianjin China: A case study assessment.Agricultural Water Management, 171, 153-161. 2013 - Zircon U—Pb dating and the petrological and geochemical constraints on Lincang granite in Western Yunnan, China: implications for the closure of the Paleo-Tethys Ocean. Journal of Asian Earth Sciences, 62, 282-294. Awards and Scholarships Omicron Delta Epsilon Economics Honor Society Member Wells Fargo Award for Outstanding Academic Performance in Economics TPCO America Certificate of Recognition The Language Flagship Chinese Scholarship American Petroleum Institute (Victoria, TX) Scholarship American Petroleum Institute (Corpus Christi, TX) Scholarship American Petroleum Institute (Alice, TX) Scholarship Desk and Derrick Club Scholarship Chinese Government Scholarship University of Mississippi Academic Excellence Scholarship Community Organizations World Affairs Council of South Texas, Representative Boy Scouts Toughest Scout Challenge, Team Captain Ronald McDonald House of Corpus Christi,Volunteer American Heart Association Heart Walk, Team Captain CITY OF CORPUS CHRISTI Submit Date: Jul 26, 2018 Application for a City Board, Commission, Committee or Corporation Profile Brad Kisner 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 22 years If yes,how many years? Primary Phone Alternate Phone Director of Music, Worship & First United Methodist Church Arts Employer Job Title 900 S. Shoreline Blvd. Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Brad Kisner Page 1 of 5 78401 Work Address-Zip Code 361-884-0391 Work Phone Bkisner@ccfumc.com Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: Have served 2 different times on Arts & Cultural Commission, chair from 2012-2017. Term expires Sept. 1 , 2017 Education, Professional and/or Community Activity (Present) Bachelor of Music Education, Oklahoma State University Master of Sacred Music, Southern Methodist University Past member of CC Symphony Board; CC Red Cross Board; Sparkling City Opera Board; Past PTA president of Meadowbrook & Cullen schools. Sub-Dean (Vice President) Corpus Christi Chapter, American Guild of Organists Why are you interested in serving on a City board, commission or committee? To further the good news of the great city of Corpus Christi. Demographics Brad Kisner 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 Brad Kisner Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Brad Kisner Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the Above Brad Kisner Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2018 Application for a City Board, Commission, Committee or Corporation Profile James S Kruse First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 10 If yes,how many years? Primary Phone Alternate Phone Texas A&M University - Corpus Professional Assistant Professor Christi of Accounting Employer Job Title 6300 Ocean Dr., O'Connor Bldg #365 Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State James S Kruse Page 1 of 5 78412 Work Address-Zip Code 361-825-3606 Work Phone scott.kruse@tamucc.edu Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? MAYOR'S FITNESS COUNCIL: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Masters in Accountancy, served on committees with Downtown Management District, member of TSCPA, member of rising tide society, Student Accounting Society Faculty Advisor, Presenter at Coastal Bend Innovation Center Why are you interested in serving on a City board, commission or committee? JamesScottKruse Curriculum Vitae.doc Upload a Resume Demographics James S Kruse 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 James S Kruse Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. James S Kruse Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the Above Question applies to MAYOR'S FITNESS COUNCIL 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 James S Kruse Page 5 of 5 J. Scott Kruse, CFE Curriculum Vitae EDUCATION: Texas A&M -Corpus Christi -AASCB Accredited Accounting Program Masters of Accountancy Graduated - December 2010 Drury University- Springfield, MO B.A. with a major in Sociology and minor in Psychology Graduated -August 1997 Certified Fraud Examiner(CFE) Association of Certified Fraud Examiners PROFESSIONAL TEACHING EXPERIENCE: Professional Assistant Professor of Accounting, Texas A&M University- Corpus Christi August 2015 - Present, Corpus Christi,TX Adjunct Professor of Accounting, Texas A&M University-Corpus Christi August 2014 -August 2015, Corpus Christi,TX Courses Taught: Financial Accounting -ACCT 2301 Managerial Accounting -ACCT 2302 Intermediate I -ACCT 3311 Fraud Examination -ACCT 3340 PROFESSIONAL ACCOUNTING EXPERIENCE: CFO, Waterstreet Restaurants March 2013 - May 2014, Corpus Christi,TX Oversaw preparation of all financial statements for 4 different restaurants and real estate trust Supervised staff of five including payables, receivables, and IT Reviewed expenses and cash balances with suggestions for improving both categories Procured funding through bank loans and other investments Instituted new technology program to give real time sales and labor info Managed audits of two companies as liaison with Public Accounting Firm Contractor, Audit/Tax Preparation, Park Fowler CPA, PLLC June 2012 -October 2012, Corpus Christi,TX Tax preparation including 1120, 1120S, 1040, 1041 Assisted in preparation of audits including HOA's and Oil &Gas Prepared 940's and 941's for various clients Contractor, Financial Analyst, Derco Aerospace January 2012 -April 2012, Corpus Christi,TX Support company for aircraft platforms Prepared billing to the government for different aircraft support contracts Worked with Controller to prepare State Apportionment for tax purposes Involved in Intercompany billings with Sikorsky Aircraft Contractor, Internal Audit, Forbes Energy Services September 2011 - November 2011, Corpus Christi,TX Public company in oil and gas servicing Contracted to work for internal audit/tax department to prepare for year end Filed sales tax, 940, 941, and prepared payroll calculations Staff Auditor, Fields and Nemec, Co. January 2009 - February 2010, Corpus Christi,TX Audited companies ranging from $50 - 70 million in revenues Tax preparation including 1120, 11205, 1040, 1041 and 990's Companies audited included construction, manufacturing, and non-profit Accounting Tutor, Texas A&M University- Corpus Christi November 2007 -January 2009, Corpus Christi,TX Responsible for tutoring fellow students in all undergraduate accounting courses Work with director of learning services to improve student retention PROFESSIONAL SERVICE: Accounting Advisory Board for Accreditation Texas A&M University-Corpus Christi Young Business Professionals Membership Chair- 2013 Downtown Management District Cleaning Initiative Committee Member Strategic Planning Committee Texas A&M University-Corpus Christi Faculty Advisor- Student Accounting Society Texas A&M University-Corpus Christi Scholarship Committee Texas A&M University-Corpus Christi SBA/Texas A&M Partnership - Boots to Business Program Presenter- Educator Texas Society of CPA's Member CITY OF CORPUS CHRISTI Submit Date: May 17, 2018 Application for a City Board, Commission, Committee or Corporation Profile Dr. Michelle M Maresh-fuehrer Prefix First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 30 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Texas A&M University-Corpus Associate Professor of Public Christi Relations Employer 6300 Ocean Drive Unit 5722 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Dr. Michelle M Maresh-fuehrer Page 1 of 7 Texas Work Address-State 78412-5722 Work Address-Zip Code 361-825-2273 Work Phone michelle.maresh- fuehrer@tamucc.edu Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Dr. Michelle M Maresh-fuehrer Page 2 of 7 Education, Professional and/or Community Activity (Present) Education: I received a Ph.D. in Communication from the University of Nebraska-Lincoln in 2009; Master of Arts in Communication from Texas Tech University in 2006; Bachelor of Arts in Communication with a minor in Journalism from Texas A&M University-Corpus Christi in 2004. 1 am also a proud graduate of Roy Miller High School (Corpus Christi, TX), class of 2001. Professional Activity: I am Associate Professor of Public Relations and Internship Coordinator for the Department of Communication and Media at Texas A&M University-Corpus Christi. I am the coordinator of the public relations program and, as such, I manage the recruitment, curriculum development, and assessment of the public relations minor. I also teach courses in public relations and crisis communication and advise students at the undergraduate and graduate level. I am an active researcher with over 17 publications in regional and national venues. I am also actively engaged in presenting my research at industry conferences with over 28 presentations at state, regional, and national conferences (the majority being national). I am also a regular presenter at various functions in the community having completed over 50 invited presentations. Recently and most notably, I was invited to serve as the keynote speaker at the Texas A&M University System Student Affairs Symposium (Topic: Crisis Management) where I will be speaking (on Monday, May 21, 2018) to 200 participants representing each of the TAMU system schools. In addition to my employment at TAMU- CC, I am also a crisis communication and public relations consultant and participate in both paid and pro bono projects. Community: I enjoy participating in community service. I am an active member of the Rotary Club of Southside Corpus Christi, a service organization. We regularly build wheelchair ramps for individuals in our community whom are in need, participate in the Salvation Army bell ringing program during the holidays, and sponsor the Boy Scouts of America's flag projects and Rose Shaw Elementary's Early Act First Knight education program. We also host two signature fundraisers each year to raise money for TAMU-CC student scholarships. In addition to this regular service, I have recently volunteered with the American Heart Association's "Go Red" Campaign, and Fiesta de la Flor. Additionally, in my professional life, I teach my courses using a "service learning" component. As such, I have supervised the (pro bono) development of crisis communication plans and public relations campaigns for various local profit and non-profit organizations. Why are you interested in serving on a City board, commission or committee? I was born and raised in Corpus Christi and I am passionate about using my knowledge and professional skills to help the city grow and prosper. It has been my personal mission to encourage my students at TAMU-CC to stay in or return to Corpus Christi and build their professional lives here. I believe that citizen participation in municipal committees is important: for one, citizens have a limited knowledge of how city projects and resources function. By becoming involved, we have the opportunity to understand the workings of the city and be more informed voters and community members. Furthermore, there is a self satisfaction that occurs when being able to share one's voice and perspectives and play a role in decision- making that impacts us. I believe that my professional knowledge of the public relations industry, combined with my passion for Corpus Christi, would allow me to be a positive participant on a City board-- specifically, the Convention and Visitor's Bureau board. SelectionResume-MMF.pdf Upload a Resume Dr. Michelle M Maresh-fuehrer Page 3 of 7 References-MME.pdf Please upload any additional supporting documents. Demographics Gender W Female Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. TJ 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. Michelle M Maresh-fuehrer Page 4 of 7 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes (-. No Does your employer or your spouse's employer have a City contract? Yes e No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes ' No Dr. Michelle M Maresh-fuehrer Page 5 of 7 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? P None of the above Dr. Michelle M Maresh-fuehrer Page 6 of 7 Dr. Michelle M Maresh-fuehrer Page 7 of 7 MICHELLE MARESH - FUEHRER ASSOCIATE PROFESSOR OF PUBLIC RELATIONS CRISIS COMMUNICATION/PR CONSULTANT ,' CONTACT NIL' EDUCATION EMPLOYMENT UNIVERSITY OF NEBRASKA-LINCOLN, 2006-2009 TEXAS A&M UNIVERSITY-CORPUS CHRISTI DOCTOR OF PHILOSOPHY IN COMMUNICATION ASSOCIATE PROFESSOR, 2015-PRESENT TEXAS TECH UNIVERSITY, 2004-2006 INTERNSHIP COORDINATOR, 2015-PRESENT MASTER OF ARTS IN COMMUNICATION PR PROGRAM COORDINATOR, 2009-PRESENT TEXAS A&M UNIVERSITY-CORPUS CHRISTI, 2001-2004 ASSISTANT PROFESSOR, 2009-2015 BACHELOR OF ARTS IN COMMUNICATION MINOR IN JOURNALISM RECENT AWARDS RECENT PUBLICATIONS UNIVERSITY TEACHING EXCELLENCE AWARD, 2018 COMMUNICATING AT WORK: STRATEGIES FOR TEXAS A&M UNIVERSITY-CORPUS CHRISTI SUCCESS IN BUSINESS AND THE PROFESSIONS (12TH OUTSTANDING AUTHOR, 2016 ED.), 2018 TEXAS A&M UNIVERSITY-CORPUS CHRISTI TEXTBOOK, MCGRAW-HILL PUBLISHING PRESIDENTIAL CITATION (GOLD), 2016 PUBLIC RELATIONS PRINCIPLES: STRATEGIES FOR ROTARY INTERNATIONAL PROFESSIONAL SUCCESS, 2016 HOUSE RESOLUTION 930, 2015 TEXTBOOK, KENDALL HUNT PUBLISHING THE STATE OF TEXAS HOUSE OF REPRESENTATIVES SKOL'S "VIVA REDONDO" CRISIS, IN PRESS UNIVERSITY EDUCATOR OF THE YEAR, 2015 TEXTBOOK CHAPTER, KENDALL HUNT PUBLISHING TEXAS SPEECH COMMUNICATION ASSOCIATION APPLE'S "BENDGATE" CRISIS AND THE CORPUS CHRISTI UNDER 40, 2015 TECHNOLOGY-IMAGE EXPECTANCY GAP, 2017 COASTAL BEND YOUNG BUSINESS PROFESSIONALS TEXTBOOK CHAPTER, KENDALL HUNT PUBLISHING SOCIAL MEDIA MAPPING INNOVATIONS FOR CRISIS MEMBERSHIPS & BOARDS PREVENTION, RESPONSE, AND EVALUATION, 2016 JOURNAL ARTICLE, NATIONAL-LEVEL PUBLIC RELATIONS SOCIETY OF AMERICA SERVICE-LEARNING IN CRISIS COMMUNICATION TAMUOCC NATIONAL ALUMNI ASSOCIATION EDUCATION, 2015 BOARD OF DIRECTORS, 2012-2014 JOURNAL ARTICLE, NATIONAL-LEVEL ROTARY CLUB OF SOUTHSIDE CORPUS CHRISTI CREATING ORGANIZATIONAL CRISIS PLANS, 2013 DISTRICT LT. GOVERNOR OF PUBLIC IMAGE, 2016-2017 TEXTBOOK, KENDALL HUNT PUBLISHING PRESIDENT, 2015-2016 PAUL HARRIS FELLOW, 2012 BOARD OF DIRECTORS, 2011-2017 PROFESSIONAL REFERENCES Dr. David Gurney Chair, Department of Communication and Media Texas A&M University-Corpus Christi Ms. Debbie High Past District Governor Rotary International District 5930 nw� Additional references available upon request CITY OF CORPUS CHRISTI Submit Date: Sep 03, 2017 Application for a City Board, Commission, Committee or Corporation Profile Edwin (Trey) A McCampbell _ III First Name Middle Initial Last Name Suffix Email Address Street Address State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 62 If yes,how many years? Primary Phone Alternate Phone American Bank Chief Administrative Officer Employer Job Title 800 N. Shoreline Suite 100 Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Edwin (Trey)A McCampbell I I I Page 1 of 6 78401 Work Address-Zip Code 361-992-9900 Work Phone treymc@americanbank.com Work E-mail address Preferred Mailing Address 17 Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) EDUCATION: MBA Corpus Christi State University BBA Texas A&I - Corpus Christi AA Del Mar College CURRENT COMMUNITY ACTIVITIES: Del Mar College: Board of Regents, Board Chair Texas Higher Education Coordinating Board — Financial Literacy Advisory Committee Art Museum of South Texas: Board of Governors, Chair of the Dorothy Hood Task Force South Texas Public Broadcasting: Board of Directors Boar's Head & Yule Log Festival Chairperson South Texas Botanical Gardens & Nature Center, Regional Advisory Board Why are you interested in serving on a City board, commission or committee? As a Corpus Christi native, a business person, a father and a grandfather, I am committed to making Corpus Christi the best place to live, work and play. Tourism is an important component of our local economy, and one that also contributes to the quality of life. I would like to build our community and economy by serving on the Corpus Christi Convention & Visitors Bureau. I would bring to the CVB Board a deep background in business, strategic thinking and planning, a solid understanding of the community, and passion for the importance of tourism. Edwin (Trey)A McCampbell I I I Page 2 of 6 Trey McCampbell_community bio_2017.pdf Upload a Resume Demographics Gender V Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. V I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Edwin (Trey)A McCampbell I I I 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 Edwin (Trey)A McCampbell I I I Page 4 of 6 Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? fJ None of the Above Edwin (Trey)A McCampbell I I I Page 5 of 6 Edwin (Trey)A McCampbell I I I Page 6 of 6 E. A. "Trey" McCampbell, III Education & Certification MBA Corpus Christi State University, August 1982 BBA Texas A&I -Corpus Christi, May 1977 AA Del Mar College, May 1975 Post-graduate studies in Organizational Development&Communication Current Activities Del Mar College: Board of Regents, Board Chair Texas Higher Education Coordinating Board — Financial Literacy Advisory Committee Art Museum of South Texas: Board of Governors, Past Chair, Chair of the Dorothy Hood Task Force South Texas Public Broadcasting: Board of Directors, Past Chair Texas A&M Corpus Christi, College of Business Accounting Advisory Council First Christian Church: Elder; Boar's Head &Yule Log Festival Chairperson; Day School Board of Directors South Texas Botanical Gardens & Nature Center, Regional Advisory Board Equality Texas Board of Directors and Equality Texas Foundation; Treasurer Prior Activities Destination Bayfront, co-organizer City Council Annual Retreat Facilitator, June 2010 and June 2009 Del Mar College Foundation "Come Home to Del Mar" Fundraiser, Co-Chair, November 2006 and November 2009 Bayfront Charrette Facilitator, October 2003 Community Dropout Forum Co-Facilitator, November 2003— February 2004 Leadership Corpus Christi: graduate LCC Class XI; General Chair- LCC XXI; Steering Committee LCC XX, XIX, and XII; LCC Alumni Board of Directors, Executive Committee Chair Del Mar College Future Search Conference participant, October 2003 Vision 2000, Steering Committee CCSU (Texas A&M University)Alumni Association: Past President and founding Director Corpus Christi Symphony Orchestra: Board of Directors Creative Arts Center: Past President and Treasurer Founder and Chairperson, LIVE Performances (children's performing arts series) Harbor Playhouse: Director and Treasurer Harbor Lights: Staging Chairperson Chamber of Commerce: Board of Directors; Ambassador; Chamber of Commerce Foundation, Director Workforce Development Corporation, Director and Executive Committee Awards and Honors 2016 American GI Forum Community Leader Award 2015 Corpus Christi AIA Honorary Membership Award 2013 Del Mar College Outstanding Alumni 2010 Del Mar College 75 Distinguished Alumni 2005 Leadership Corpus Christi Outstanding Alumnus Award 2003 Caller Times Person of the Year 2002 NCCJ Humanitarian Award 1999 Distinguished Public Service Award from the Texas Society of CPA's 1992 Chairman's Award from the Chamber of Commerce 1990 Arts Volunteer of the Year; JC Penney "Golden Rule" award for Culture and Arts CITY OF CORPUS CHRISTI Submit Date: Aug 16, 2018 Application for a City Board, Commission, Committee or Corporation Profile Dusty Oliveira Last Name Email Address Street Address State City Postal Code What district do you live in? V District 1 Current resident of the city? Yes f- No 38 If yes,how many years? Are you a registered voter? r Yes r., No Primary Phone Alternate Phone 415 PEOPLES ST U Work Address-Street Address and Suite Number CORPUS CHRISTI Work Address-City TX Work Address-State Dusty Oliveira Page 1 of 5 78401 Work Address-Zip Code 3615330991 Work Phone djdus55@gmail.com Work E-mail address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Education, Professional and/or Community Activity (Present) Tamucc ChicasRock EL Dusty Why are you interested in serving on a City board, commission or committee? I am interested in the development of our city as a downtown stakeholder. Demographics Gender W Male Verification Dusty Oliveira 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 Dusty Oliveira Page 3 of 5 Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r-- No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/a Board-specific questions (if applicable) Dusty Oliveira Page 4 of 5 Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? • Hotel Industry • Attraction Industry Dusty Oliveira Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: May 20, 2018 Application for a City Board, Commission, Committee or Corporation Profile Jason Page First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 34 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Self Employed Photographer Owner/ Principal Employer Job Title 715 S Tancahua Work Address-Street Address and Suite Number Corpus Christi Work Address-City Jason Page Page 1 of 6 TX Work Address-State 78401 Work Address-Zip Code 3615899050 Work Phone jasondavidpage@gmail.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? CIVIL SERVICE BOARD: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION: Submitted PLANNING COMMISSION: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: I do not currently serve on any other board, commission, or committee. Education, Professional and/or Community Activity (Present) Currently involved with the American Advertising Federation, Affiliate with the Corpus Christi Association of Realtors, Why are you interested in serving on a City board, commission or committee? I am a fourth generation Corpus Christian raising a fifth generation and want to be able to be more involved in making Corpus Christi a better place for everyone. Jason Page Resume.pdf Upload a Resume Jason Page Page 2 of 6 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Jason Page Page 3 of 6 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r. No Do you, your spouse, your business or your spouse's business have a City contract? r- Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? (- Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r= No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. N/A Jason Page Page 4 of 6 Board-specific questions (if applicable) Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you resided in the City for at least 3 years? (.- Yes r No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Have you held public office during the past 3 years? r Yes (-. No Question applies to CIVIL SERVICE COMM ISSION,CIVIL SERVICE BOARD Are you over 25 years of age? (.- YesrNo Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Jason Page Page 5 of 6 Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? (.- Yes r No Jason Page Page 6 of 6 JASON PAGE SUMMARY Freelance photographer with experience in digital and film,as well as medium format photography.Available 24 hours a day. Specialty equipment can typically be ordered in overnight for time critical projects. Currently searching for architects, commercial builders, industrial builders and Realtors who are interested in upping their marketing game with quality photography Experienced: Photojournalism, Events, Weddings, Portraiture, Corporate Identity&Headshots, Real Estate, Product & Food, Commercial Promotional EXPERIENCE JASON PAGE FREELANCE PHOTOGRAPHER 0312010 - Present Owner,Principal I am the principal photographer and am responsible for the day-to-day operations as well as marketing and customer satisfaction. I have built up one of the best-known names for wedding photography in the South Texas area, and pride myself on handmade images, limited bookings and one-on-one client contact. I also have become the leader in Real Estate photographer for several local agencies and top agents in the Corpus Christi metro area, and provide these agents with superb images to help market their listings more effectively,while reducing the initial listing workload. HOEGEMEYER'S BARBEQUE BARN 01/2013 - Present Business Development Responsible for the ongoing acquisition and cultivation of new customers and ongoing clients. Created long range forecasts based on current and past sales data and targeted marketing efforts to help secure these goals.Used multiple paths of marketing to brand business as a destination for barbeque in the Coastal Bend. SOUTHERN TECHNICAL CONTROL 0312012 - Present Inventory&Production Management Consultant I currently consult with the company management regarding their Inventory and Production. Inventory Management-I have developed a best practices workflow and worked with the employees responsible for purchasing and inventory to better their skills at tracking inventory as it is ordered, entered into their system, and sent out. I have also worked on streamlining their accounting system to remove duplicate inventory items and create items that didn't exist. Production Management- I have worked with the management to implement a series of methods for tracking production,both in the product manufacturing and field service aspects of the business. I have implemented various in-house databases to help the company keep track of their current and past production SOUTHERN TECHNICAL CONTROL 10 12008 - 03 12010 Purchasing Manager Handled inventory levels, bought and sold obsolete and used parts, part repairs, sourced parts for 20+ field service personnel,billed parts used on various projects as well as estimated parts to be used on projects. NUECES STONE QUARRY 10 12006 - 0112008 Manager Managed all aspects of the business including inventory, product sourcing, commercial and residential accounts, employees and bookkeeping. EDUCATION TEXAS A&M UNIVERSITY-CORPUS CHRISTI 2002 - 2006 None, GIS/Geomatics GIS/Geomatics Club Research Assistant on Aerial Imaging System RICHARD KING HIGH SCHOOL 1998 - 2002 High School Diploma German Club Student Council Senior Council Academic Decathlon CISCO/CCNA Training HONORS Eagle Scout Award CERTIFICATIONS OFFSHORE WATER SURVIVAL HUET 0212014 Falck Safety Services(US) SAFELANDUSA 0212014 PEC Safety License:PEC100474939 SAFEGULF 0212014 PEC Safety License:PEC100474939 TWIC 12 12015 - 12 12020 Transportation Security Administration(TSA) LANGUAGES • German • English PUBLICATIONS THE BEND MAGAZINE 0612014 Gemstone Media, LLC / Jordan Regas Authors: Jason Page - http://issuu.comlthebendmag/docs/tb_06_14_online/5?e=11308897/8089670 This was a very last minute shoot that I couldn't refuse. When else can I invite Roger Creager to visit our familys barbeque place AND get to photograph him with his dad? I said yes immediately!We photographed Roger and his dad enjoying an ice cold beer and having a good of time.Then we got a few posed and natural/candid shots of the two of them against some 200 year old doors and a 60 year old but with the Texas flag painted on the side. THE ONE BRIDE GUIDE 0612014 McCleod Creative Authors: Jason Page - http://www.theonebrideguide.com/magazinelVol7 Issue2/TheOne_Vol7Issue2 Final_web.pdf I had the pleasure of coming up with a session with one of my brides to help tie in The One's issue theme, "A Pop of Color".I wanted to literally bring that pop to the cover by including brightly colored,24"balloons.Natural makeup was provided by Kayla Alvarez and hair was done by Shear Illusions. ZOMBSHELLS!!! 2013 ZOMBIE CALENDAR 1012012 Self Published • Authors:Jason Page • http✓/photos iasondavidpage.com/zombshells This collaborative effort features eleven zombie models and even includes a centerfold. Photography, Design &Layout by Jason Page,Makeup &Hairstyling by Ashle Riff,Lead Model Amanda Ramirez (aka Mandi Mayhem).Each calendar is 9x12 printed on glossy paper and includes a single hang-hole. SOUTH TEXAS WEDDINGS MAGAZINE 07/2011 STWM-July 2011 • Authors:Jason Page,Joanne Klein For this issue of the South Texas Weddings Magazine, I performed the issue's multipage layout and creative design. I also was responsible for the cover photography. CITY OF CORPUS CHRISTI Submit Date: Jun 15, 2018 Application for a City Board, Commission, Committee or Corporation Profile Josh Richline First Name Last Name Email Address Street Address State City Postal Code What district do you live in? V District 2 Current resident of the city? Yes f- No 16 If yes,how many years? Primary Phone Alternate Phone Richline Technical Services Partner-Business Development Employer Job Title 114 Mesquite St Work Address-Street Address and Suite Number Corpus Christi Work Address-City TX Work Address-State Josh Richline Page 1 of 5 78401 Work Address-Zip Code 361-882-6297 Work Phone jrichline@a richline.cc Work E-mail address Preferred Mailing Address jW Home/Primary Address Which Boards would you like to apply for? CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT: Submitted CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Current Board Member of Corpus Christi Yacht Club (as such MAY qualify as representing a restaurant or attraction-not sure). Owner Richline Technical Services-Information Technology Company specializing in support small and medium businesses' Computer and Network Support for over 16 years. Past Fleet Captain Corpus Christi MORF (the sailing fleet here in Corpus Christi). College at Southwest Texas State (now Texas State at San Marcos) Why are you interested in serving on a City board, commission or committee? Demographics Josh Richline 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 Josh Richline Page 3 of 5 Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r- YesrNo Does your employer or your spouse's employer have a City contract? r Yes r- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? ( Yes r- No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? (- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. Josh Richline Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Restaurant Industry Josh Richline Page 5 of 5 CITY OF CORPUS CHRISTI Submit Date: Aug 14, 2018 Application for a City Board, Commission, Committee or Corporation Profile Tom Schmid 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 1 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Texas State Aquarium CEO �yer Job Title 2710 North Shoreline Work Address-Street Address and Suite Number Corpus Christi Work Address-City Tom Schmid Page 1 of 5 Texas Work Address-State 78402 Work Address-Zip Code 3618811242 Work Phone tschmid@txstateaq.org Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) World Association of Zoos and Aquariums-Council member Coastal America Leanring Center Network- Executive Committee Texas Travel Industry Association (TTIA)-Board member ValueBank Texas-Director Why are you interested in serving on a City board, commission or committee? The work of the CVB is vital to our economic prosperity and vital to the Texas State Aquarium. I feel that my experience running the most visited cultural attraction in South Texas for over 20 years, my service on the TTIA board for the last three years, as well as previous experience on the CVB board would allow me to contribute in a meaningful way to help the CVB achieve its mission. TS resume.docx Upload a Resume Tom Schmid Page 2 of 5 Demographics Gender 9 Male Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Tom Schmid 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 Tom Schmid Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Tom Schmid Page 5 of 5 TOM SCHMID SUMMARY Strong and diverse background in executive management, operations, project and construction management, development, marketing, animal husbandry, education and conservation. More than 30 years of progressively responsible experience in marine zoological, maritime, educational and recreational facilities. SKILLS & Strategic and master plan development ABILITIES Board development and leadership Advancement and Partnership development Track record of building trust and confidence in boards PROFESSIONAL PRESIDENT & CEO, TEXAS STATE AQUARIUM EXPERIENCE 1999-present Through six direct reports and a 60 person Board of Trustees, responsible for the development and articulation of the vision, mission, goals and annual operating plans for the Aquarium. Duties including inspiring and motivating a staff of 180 FTEs, creating the organizational framework necessary to achieve the mission; managing financial resources, generating community support, and function as chief spokesperson. Responsible for leading the development and execution of three strategic plans and associated master plans. Leadership success includes: Successful execution of three capital campaigns, generating over $67 million. Increasing annual Aquarium attendance from under 400,000 to over 575,000. Growing annual operating plan and budget from $5 million to $ 17 million. CHIEF OPERATING OFFICER, TSA 1998-1999 DIRECTOR OF HUSBANDRY AND INTERPRETATION, TSA 1996-1998 DIRECTOR OF OPERATIONS, The National Maritime Center, Norfolk, VA 1993-1996 Hired as the Curator of Marine Animals, a member of the start-up management team. Quickly promoted to Manager of Science and Education and then Director of Operations, a senior staff position responsible for planning and directing the operation of a new $50 million maritime education center. Coordinated activities of six managers and over 80 employees in the followings divisions: Guest Services, Merchandise, Exhibits, Education, Maintenance and Security. Also Involved in strategic business planning, development, and functioned as the interim marketing manager. SENIOR AQUARIST, Sea World of Orlando 1987-1993 Recruited to manage the daily operation of the Shark Encounter exhibit program. Coordinated and supervised collecting trips. Involved in the design and construction of numerous exhibits, holding facilities and animal transport units. Involved in the construction of two major exhibitions. Conducted research and presented/published several scientific papers on the bioenergetics of captive sharks. EDUCATION UNIVERSITY OF CENTRAL FOLORIDA, MS-BIOLOGICAL SCIENCES, 1988 STETSON UNIVERSITY, BS-BIOLOGY, 1984 CURRENT PROFESSIONAL ACTIVITIES World Association of Zoos and Aquariums • Co-opted Council Member • Chair, Aquarium Committee International Aquarium Congress • Member, Steering Committee Association of Zoos and Aquariums Page 2 Tom Schmid • Chair, Cetacean Task Force Coastal America Learning Center Network • Executive Committee Member Texas Travel Industry Association • Member, Board of Directors ValueBank Texas • Member, Board of Directors Rotary Club PREVIOUS PROFESSIONAL ACTIVITIES Association of Zoos and Aquariums • Chair, Board of Directors • Chair, Aquarium Committee • Accreditation inspector and team Chair • Member-Scientific Advisory Committee Animals, Inc. • Member, Board of Directors Images for Conservation • Advisory Board Corpus Christi Convention and Visitors Bureau • Chair, Board of Directors Corpus Christi Regional Economic Development Corporation • Executive Committee-Futurebridge American Diabetes Association • Member, Board of Directors South Texas Botanical Gardens and Nature Center • Member, Advisory Board Page 3 Tom Schmid CITY OF CORPUS CHRISTI Submit Date: Aug 23, 2018 Application for a City Board, Commission, Committee or Corporation Profile Daniel R Suckley 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 35 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone American Bank Senior Lending Officer Employer Job Title 5120 South Padre Island Drive Work Address-Street Address and Suite Number Corpus Christi Work Address-City Daniel R Suckley Page 1 of 5 Texas Work Address-State 78411 Work Address-Zip Code 361-653-5330 Work Phone dsuckley@americanbank.com Work E-mail address Preferred Mailing Address rJ Work Address Which Boards would you like to apply for? CORPUS CHRISTI CONVENTION & VISITORS BUREAU: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) B.B.A.- Accounting from TAMU-CC (f.k.a. Corpus Christi State University) Former Board Trustee for Flour Bluff ISD (2007-2016) Former Board Member and Chairman- Big Brothers Big Sisters Former Board Member for Padre Island Business Association Former Board Member for American Cancer Society Why are you interested in serving on a City board, commission or committee? I feel like my 27 years of banking experience, coupled with my knowledge of the hospitality industry, passion for my community, and my love for our local beaches, will add value as a member of the board. Demographics Daniel R Suckley 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 Daniel R Suckley 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 Daniel R Suckley Page 4 of 5 Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION &VISITORS BUREAU Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? rJ None of the above Daniel R Suckley Page 5 of 5 City Of Corpus Christi CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT BOARD DETAILS The Corpus Christi Downtown SIZE 14eats Management District provides TERM LENGTH 4 Years maintenance, security, marketing, and the OVERVIEW TERM LIMIT N/A promotion and improvement of property and facilities within the district; the district has the authority to levy taxes or assessments for improvements in the downtown area. _................................................................................................................................................................................................................................................................................................................................................................................ COMPOSITION The district is composed of at least nine, but not more than thirty directors,serving r--�k four-year staggered terms.Directors must represent one of the following categories:a resident of the district;an owner of property in the district;an owner of stock,whether beneficial or otherwise,of a corporate owner of property in the district;an owner of a beneficial interest in a trust that owns property in the district; DETAILS or an agent,employee or tenant of one of the above. Per the Texas Local Government Code,succeeding directors are chosen through the recommendation of the board and the approval of the City Council. _.............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Title 12(Municipal Management District),provisions of Chapter 375,Article III, Section 52,Article XVI,Section 59,Article III,Section 52-a of Texas Constitution and of the Local Government Code; 12/16/94-amended by-laws to increase directors from seventeen to twenty members;7/04 the directors voted to decrease directors to fifteen. .............................................................................................................................................................................................................................................................................................................................. MEETS 3rd Thursday of the month,9:00 a.m., IBC Bank,221 S. Shoreline,2nd Floor. -........................................................................................................................................................................................................................................................................................................................... TERM DETAILS Four-year staggered terms. _.............................................................................................................................................................................................................................................................................................................................. DEPARTMENT Downtown Management District .............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION PLEASE UPLOAD A FILE CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Page 1 of 1 Corpus Christi Downtown Management District September 11,2018 Nine(9)vacancies with terms to 9/30/22 representing the following category: 4-Agent,Employee or Tenant,4-Property Owner and 1-Resident. (Note: Directors are chosen through the recommendation of the Board and the approval of the City Council. The Corpus Christi Downtown Management District is recommending the reappointment of all members whose terms are expiring.) :.. . Mm Ajit David CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Seeking Reappointment District 4 Partial 9/30/18 Agent,Employee or Tenant 75%9/12 Harold Shockley,Jr. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Seeking Reappointment District 5 1 9/30/18 Agent,Employee or Tenant 100%12/12 Caitlin Shook CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Seeking Reappointment District 4 Partial 9/30/18 Agent,Employee or Tenant 100%4/4 Dee Dee Perez CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Seeking Reappointment District 5 2 9/30/18 Agent,Employee or Tenant 92%11/12 Glenn R.Peterson CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Seeking Reappointment District 4 2 9/30/18 Property Owner 75%9/12 Eric R.Gutschow CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Seeking Reappointment District 5 Partial 9/30/18 Property Owner 100%11/11 Brad Lomax CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Seeking Reappointment District 4 1 9/30/18 Property Owner 75%9/12 Casey Lain CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Seeking Reappointment District 2 2 9/30/18 Property Owner 83%10/12 Lexi Buquet CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Seeking Reappointment District 1 Partial 9/30/18 Resident 75%9/12 Brent Bottom CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 4 Partial 9/30/20 Agent,Employee or Tenant Steve Keenan CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 5 1 9/30/20 Agent,Employee or Tenant Christian R.Bernard CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 3 Partial 9/30/20 Property Owner Cherylyn M.Boyd CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 1 2 9/30/20 Property Owner Raymond Gignac CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 4 4 9/30/20 Property Owner Janet Maxwell CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Active District 4 1 9/30/20 Stock Owner City Of Corpus Christi FOOD SERVICE ADVISORY COMMITTEE BOARD DETAILS The Food Service Advisory Committee advises SIZE the Director of Health on application of TERM LENGTH 3 Years ordinances regarding food and food OVERVIEW TERM LIMIT 6 Years establishments, reviews the permit fees annually to ensure the cost of the program is returned to the City, conducts hearings pursuant to the sections of the ordinance relating to revocations and makes written recommendations to the City health officer whether to revoke or suspend a food manager's permit, pursuant to Art.19-84. ................................................................................................................................................................................................................................................................................................................................................................................. COMPOSITION Seven (7)members. The membership shall consist of four(4)local food managers F-Elk from the food service or food processing industries and three(3)persons from the community at-large.Members of the committee shall be appointed by the City Council for staggered terms so that at least one industry representative,and one community member are reappointed each year. No voting member may serve DETAILS more than two terms of three-years each with the exception of those initially appointed for less than a full three-year term. ............................................................................................................................................................................................................................................................................................................................. CREATION/AUTHORITY Section 19-65, Code of Ordinances.Ordinance No. 16026,20294-5/3/88;Ord. 023048,8/26/97 ........................................................................................................................................................................................................................... MEETS Every other month, 1st Tuesday,2:00 p.m., Public Health Dept.,Administration Conference Room. ............................................................................................................................................................................................................................................................................................................................... TERM DETAILS Three-year staggered terms. ............................................................................................................................................................................................................................................................................................................................... DEPARTMENT Health Department .............................................................................................................................................................................................................................................................................................................................. OTHER INFORMATION PLEASE UPLOAD A FILE FOOD SERVICE ADVISORY COMMITTEE Page 1 of 1 Food Service Advisory Committee September 11,2018 Four(4)vacancies with terms to 6/24/19 and 6/24/21 representing the following categories:1-Community At-Large and 3-Food Industry. George Brown FOOD SERVICE ADVISORY COMMITTEE Seeking Reappointment District 4 1 6/24/18 Food Industry 100%5/5 *Malcolm De Shields FOOD SERVICE ADVISORY COMMITTEE Seeking Reappointment District 5 1 6/24/18 Community At-Large N/A *Julio A.Garza FOOD SERVICE ADVISORY COMMITTEE Seeking Reappointment District 1 6/24/18 Food Industry N/A Ted Schroeder FOOD SERVICE ADVISORY COMMITTEE Exceeded Number of Allowed Absences District 3 1 6/24/19 Food Industry Jonathan E.Villarreal FOOD SERVICE ADVISORY COMMITTEE Active District 2 1 6/24/20 Community At-Large Arturo L.Garcia,Sr. FOOD SERVICE ADVISORY COMMITTEE Active District 5 1 6/24/20 Food Industry Patricia Polastri FOOD SERVICE ADVISORY COMMITTEE Active District 2 6/24/19 Community At-Large *Members appointed in March and no meetings scheduled for them to attend. Food Service Advisory Committee Applicants September 11,2018 Board Applying For Community At-Large, Alana L Fischer FOOD SERVICE ADVISORY COMMITTEE District 4 Ecolab 8600 Capital Drive Greensboro NC Food Industry Community At-Large, Roman N.Kindzirsky FOOD SERVICE ADVISORY COMMITTEE District 4 D'Lish Foods 2309 Blue Star Dr. Corpus Christi TX Food Industry Community At-Large, Jude V.Martin FOOD SERVICE ADVISORY COMMITTEE District 4 Chartwells @ Texas A&M Corpus Christi 6300 Ocean Drive,Unit 5763 Corpus Christi TX Food Industry CITY OF CORPUS CHRISTI Submit Date: Oct 10, 2017 Application for a City Board, Commission, Committee or Corporation Profile Alana L Fischer First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 4 Current resident of the city? Yes f- No 2 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Ecolab Territory Representative Employer Job Title 8600 Capital Drive Work Address-Street Address and Suite Number Greensboro Work Address-City Alana L Fischer Page 1 of 5 NC Work Address-State 27409 Work Address-Zip Code alana.fischer@ecolab.com Work E-mail address Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CLEAN CITY ADVISORY COMMITTEE: Submitted FOOD SERVICE ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) I possess a Bachelor's degree in Biology,with a minor in environmental studies. Additionally, I hold certifications as a National Food Manager and a TCEQ Water Treatment Specialist. I currently work for Ecolab, a company that is the global leader in sustainable water, hygiene and energy. I also serve our community as the current chair of Nueces County voting precinct 122. Why are you interested in serving on a City board, commission or committee? As I have come to join the Corpus Christi community, I have noticed an opportunity within our beautiful city to improve cleanliness as a whole. Public health, safety and the environment are important to our residents, economy and ultimate sustainability. I would like to volunteer my time, and knowledge, to support Corpus Christi's success. Alana Fischer resume 2017.doc Upload a Resume Alana L Fischer Page 2 of 5 Demographics Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. 9 1 Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application for appointment it must be disclosed under the Public Information Act. I also understand that it may not be legally possible to maintain the confidentiality of such information, and I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Public Information Act. W I Agree Alana L Fischer 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- All answers were No Alana L Fischer Page 4 of 5 Board-specific questions (if applicable) Question applies to CLEAN CITY ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? V None of the above Question applies to FOOD SERVICE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * W Local Food Manager from Food Service or Food Processing Industry Alana L Fischer Page 5 of 5 EDUCATION Metropolitan State University of Denver Bachelors in Biology, December 2015 Minor: Environmental Studies Related Course work: • Biology concentrations: Comprehensive understanding of bacteria, fungi, parasites, viruses and their association as human and zoonotic pathogens. Microbial ecology, genetics and physiology; Vertebrate and Invertebrate zoology. Experienced in educational lab settings, aseptic technique. • Public Health, water and ecological courses: Epidemiology, statistical analysis, general public health concepts, essentials of water, basic water treatment, human ecological knowledge, environmental sustainability. • Interpersonal communication: Basic communication skills including verbal and non-verbal cues, creative problem solving strategies and candid listening. TRAINING ■ HACCP, HIPAA ■ National Registry of Food Managers Certification ■ TCEQ Water Treatment Specialist Certification, Class II INTERNSHIP • Upper Colorado Endangered Fish Recovery Program, Department of Fish and Wildlife o Data entry, research support, water management plans, education and outreach events and organizational clerical work. EXPERIENCE Territory Representative- Ecolab Kay Chemical 2015 to Present • Ensure internal food safety and sanitation compliance through reviews at customer sites, SOP training • Utilize computer systems to plan territory travel route to meet weekly, monthly, quarterly and annual deadlines • Complete maintenance on chemical dispensing equipment, following state & federal regulations, chemical titrations Assistant Store Manager- King Soopers Grocers (Kroger), all three Boulder locations 2012 to July 2015 • Prepare budgets, maintain regulatory documentation, monitor daily operations, enforce Standard Operating Procedures • Extensive food safety training, internal audits and reviews, inventory management, merchandising standards • Engage 130+ associates by providing an energetic, creative, safe and driven team environment • Positively coach, train, provide feedback and identify opportunities, while providing excellent customer service Service &Bakery Manager positions - King Soopers 2007 to 2012 • Manage Front-End Check-Out and offer superior, effective and friendly customer service. Direct the Front-End team of 30+ associates. Manage costs, inventory control, ordering, sales initiatives, customer loyalty and department safety. CITY OF CORPUS CHRISTI Submit Date: Jan 03, 2018 Application for a City Board, Commission, Committee or Corporation Profile Roman N Kindzirsky 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 13 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone D'Lish Foods Owner Employer Job Title 2309 Blue Star Dr. Work Address-Street Address and Suite Number Roman N Kindzirsky Page 1 of 5 dlishfoodscc@gmaiI-com Work E-mail address Which Boards would you like to apply for? FOOD SERVICE ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Del Mar College graduate. TAMUCC graduate with BA Business Administration. On the board for Corpus Christi Downtown Farmers Market. Why are you interested in serving on a City board, commission or committee? I want to be more involved with the city and community my family lives in. I have been in food service since I was old enough to work. I believe that I have a wealth of knowledge in the food service industry. Having worked every job in a restaurant including general manager and owner, I believe I can look at problems from more than one viewpoint. Roman Kindzirsky NEW_Resume_88 20_2017.docx Upload a Resume Demographics Gender W Male Verification Roman N Kindzirsky 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 Roman N Kindzirsky 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. NA Board-specific questions (if applicable) Roman N Kindzirsky Page 4 of 5 Question applies to FOOD SERVICE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * W Local Food Manager from Food Service or Food Processing Industry Roman N Kindzirsky Page 5 of 5 ROMAN KINDZIRSKY OBJECTIVE Seeking a position as General Manager with opportunity for growth, allowing me to utilize my experience in customer service. EDUCATION Spring 2012 Texas A&M University—Corpus Christi Corpus Christi, TX Bachelors in Business Administration Major: Management SKILLS SUMMARY ■ Team Building ■ Detail Oriented 0 Staff Development ■ Problem Solver 0 Back of House Optimization 0 Community Engagement ■ Adaptable 0 Creating Partnerships PROFESSIONAL EXPERIENCE June 2015 —Aug. 2017 D'Lish Foods Catering and Food Trailer Corpus Christi, TX Owner/Operator ■ Running all day to day operations ■ Responsible for booking events, festivals and catering orders ■ Successfully served events from small business functions to large weddings with 400+ guests ■ Execute all aspects of marketing including advertising, social media, and establishing local partnerships ■ Responsible for all company accounting, record keeping, and administrative functions ■ Established relationships with local farmers and the Corpus Christi Downtown Farmer's Market to incorporate locally grown produce in menu options Jan. 2011 — June 2015 Pizza Hut — Muy Pizza LLC. Corpus Christi, TX General Manager ■ Received highest score in the market for internal corporate audit ■ Duties included controlling labor, cash, and inventory ■ Focus on building great teams and delivering consistent results ■ Utilized throughout the district to improve "break-down" stores June 2008 — Jan. 2011 Port Aransas Brewing Co./ Beaches Cafe Corpus Christi, TX Senior Manager • Assisted in the development of both restaurants from concept to fully operational established businesses ■ Created and implemented Employee Standards and Employee Handbook ■ Assisted in the menu development process ■ Accountable for acquiring /training employees and employee relations LANGUAGE SKILLS ■ English/Russian/Ukrainian CITY OF CORPUS CHRISTI Submit Date: Jul 31, 2018 Application for a City Board, Commission, Committee or Corporation Profile Mr Jude V Martin Prefix First Name Middle Initial Last Name Email Address Street Address State City Postal Code What district do you live in? V District 5 Current resident of the city? Yes f- No 4 If yes,how many years? Are you a registered voter? r Yes ( No Primary Phone Alternate Phone Chartwells @ Texas A&M Corpus Christi Resident District Manager Job Title 6300 Ocean Drive Unit 5763 Work Address-Street Address and Suite Number Corpus Christi Work Address-City Mr Jude V Martin Page 1 of 5 TX Work Address-State 78412 Work Address-Zip Code 3618254357 Work Phone Jude.martin@compass-usa.com Work E-mail address Preferred Mailing Address rJ Home/Primary Address Which Boards would you like to apply for? FOOD SERVICE ADVISORY COMMITTEE: Submitted Interests & Experiences Do you currently serve on any other City board, commission or committee at this time? If so, please list: No, not at this time Education, Professional and/or Community Activity (Present) AOS Culinary Arts - Johnson & Wales University Why are you interested in serving on a City board, commission or committee? Yes JudeVMartinFMP2018.pdf Upload a Resume Demographics Mr Jude V Martin 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 Mr Jude V Martin 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. Did not answer yes to any of the questions. Mr Jude V Martin Page 4 of 5 Board-specific questions (if applicable) Question applies to FOOD SERVICE ADVISORY COMMITTEE Per city ordinance, the committee must include representatives from certain categories. Do you qualify for any of the following categories? * 9 Local Food Manager from Food Service or Food Processing Industry Mr Jude V Martin Page 5 of 5 Jude V.Martin,FMP Career Summary: Experienced corporate level multi-unit food service management professional with 30 years' experience as Multi-unit,Senior Director of Dining Services and Executive Chef. Catering,Fine dining and casual restaurant experience as well college and university and retirement communities.Direct involvement with client interaction. Professional History: Resident District Manager 7115/2016—Current Chartwells Dining Service—Texas A&M Corpus Christi—Corpus Christi,TX • Promoted from Director of Operations to Resident District Manager • Managed volume of$10 million • Manage and direct a team of 11 salaried manager and 200 hourly associates • Trained and developed a strong management team,several that began as hourly associates • Oversee 14 dining locations consisting of Residential Dining,Catering and retail outlets including Starbucks,Subway,Panda Express,Einstein's Bagels,Chick Fil A,and internal concepts • Develop operating budgets for 10 individual cost centers across campus • Complete weekly and monthly P&L reports for all locations Director of Operations 7/15/2014—7/15/2016 Chartwells Dining Service—Texas A&M Corpus Christi—Corpus Christi,TX • Opened the first state of the art residential dining hall on campus • Hired,trained and developed staff of 70 associates for new dining facility • Opened newly renovated University Center Food Court featuring 3 national brand restaurants and 4 internal brand concepts • Manage and developed management staff of 7 and 180+hourly associates • Instrumental in growth of revenue for campus from$3.5 million to$9.0 million over 2 '/2 years • Responsible for developing annual budget and forecasting • Oversee 14 dining locations,a residential dining hall,food truck and catering department • Strong working knowledge of all Corporate Financial reporting systems and associate management Senior Director of Dining Services 2/1/2010—7/1/2014 Chartwells Dining Service-Randolph-Macon Collage—Ashland,VA • Oversaw the entire Dining Service program in a college setting including board plan,retail and catering. • Maintained great client relationships with clear communication and exceeding expectations daily. • Responsible for developing annual budget with volume of$3.75 million. • Strong leadership role in developing managers and hourly staff. • Build and develop strong team atmosphere with all associates. • Lead a team of 4 Managers • Manage a team of 70 full and part time associates • Experience with Micros and CBord for board plan tracking and cash transactions. • Proficient with Corporate specific business reporting systems • Designed and opened 2 new dining venues and a coffee shop on campus • Instrumental in securing an additional 7 years to the contract with the University Assistant Location Manager 9/15/08— 1/25/2010 Aramark-James Madison University,Harrisonburg,VA • Manage the daily operation of a high volume residential dining venue. • Improve and implement new menu concepts and programs • Responsible for the scheduling of a staff of 90 full and part time employee • Ensure highest level of food quality,customer service and adherence to program standards • Build and develop a strong staff through training and development and encouraging staff to take ownership of work and taking pride in their job Corporate Director of Dining Services&Hospitality 7/01/06-6/08/08 Sunnyside Retirement Communities,Harrisonburg,Virginia • Head of a project team charged with designing and implementing new dining concepts including major renovations of existing facility kitchen and servery design,menu developing,major equipment,interior design purchases and over all decision making • Oversee management over and strategic planning for four dining facilities in three communities. • Conduct training and support to all account Food Service Directors in the areas of purchasing,food cost control,production,presentation,catering and special events. • Ensure food safety standards are established and met for all regulatory agencies at all accounts. Director of Dining Services 1/1/05 -7/01/06 Pioneer College Caterers,Inc.Harrisonburg Virginia • 2005 Director of Dining Services Rookie of the year for Pioneer College Caterers. • Responsible for all operations of a high volume P&L account in a multi-unit college setting. • Exceeded budgeted profits by 100%in first full year. • Planned theme meals and monotony breakers to increase variety and student satisfaction. • Hiring,training,labor,scheduling,inventory,ordering,purchasing and cost controls as well as payroll. • Planned and Coordinated special events and catering for individual client requirements ranging from upscale plated dinners to full service buffets and receptions up to 1000 guests. Assistant Food Service Director/Executive Chef 12/1998- 12/04 Chartwells Dining Service,Staunton Virginia Chartwells Dining Service,Bridgewater,Virginia • Day-to-day management of the kitchen and performance of the hourly staff. • Ordering,purchasing and cost controls as well as payroll. • Establishing and maintaining quality and sanitation standards;enforcement of policies and procedures set forth by Mary Baldwin College. • Developed all cycle menus for a board plan of 1,000. • Developed and executed interactive feature stations bringing exhibition cooking to the dining room. • Position also included all catering functions from small coffee set ups to elaborate sit down dinners for up to 600 guests and banquet buffets for up to 800 guests. Sous Chef/Manager 7/95-11/98 Fairways Restaurant at Massanutten,Harrisonburg,Virginia Woodstone Deli&Pizzeria at Massanutten,Harrisonburg,Virginia Education & Certifications *1992 AOS in Culinary Arts,Cum Laude-Johnson and Wales University,Charleston,SC(GPA 3.8) *Dietetics(Not Yet Completed) 1993-1995 -James Madison University,Harrisonburg,VA *Food Service Management Professional Certification(FMP)-National Restaurant Association *ServSafe Certified—December 2016 *ServSafe Alcohol Certified October 2011 References and additional training- furnished upon request se GO O Va. U NORROPpEO AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of September 11, 2018 DATE: August 31, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo-Trevino, CPM, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361)826-3227 Investment Services Agreement Between the City of Corpus Christi and North Padre Island Development Corporation CAPTION: Motion authorizing an agreement with the North Padre Island Development Corporation for management of the investment of the corporation's funds. PURPOSE: This agreement authorizes the City's investment officers to be the investment officers of the North Padre Island Development Corporation (NPIDC). BACKGROUND AND FINDINGS: The North Padre Island Development Corporation approved this agreement at its meeting on August 21, 2018. The agreement authorizes the City's investment officer to manage the investments for the corporation. This agreement is needed to allow the City's investment officers to serve as the investment officers for the corporation under the Texas Public Funds Investment Act. ALTERNATIVES: City Council could choose not to approve item, and then the NPIDC would need to appoint its own investment officers. The investment officers would need to be officers or employees of the corporation. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: Conforms to City Policy EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Finance Department City Attorney's Office FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: n/a RECOMMENDATION: Approve motion as presented. LIST OF SUPPORTING DOCUMENTS: Agreement AGREEMENT BETWEEN NORTH PADRE ISLAND DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR INVESTMENT OF CORPORATION'S FUNDS This Agreement for the investment of funds ("Agreement") is entered into between the North Padre Island Development Corporation ("Corporation") and the City of Corpus Christi ("City"). In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Investment Services. This Agreement between the Corporation and the City is executed to provide the specific and measurable services for the investment of the Corporation's funds. The City will annually prepare the investment policy and investment strategies for review and approval by the Corporation's Board of Directors. The recommended investment policy and strategies will be reviewed by the City's Investment Committee before presentation to the Corporation. The City's investment officers will serve as the investment officers of the Corporation. All investments must comply with federal and state law as well as any trust documents related to funds that are invested. 2. Payments. The Parties agree that the Corporation will pay the City an amount specified in the annual budget for the services provided to the Corporation by City staff as part of the Corporation's annual allocation. 3. Effective Date. The effective date of this Agreement is the date on which the City Council grants approval for this Agreement, and it is signed by all parties. 4. Term. The term of this Agreement is will begin on the Effective Date and end on September 30, 2019. At the end of any term, this Agreement shall automatically renew for successive one-year terms, ending on September 30 of each year, unless terminated as provided in this Agreement. 5. Termination. The Parties may, by written agreement, terminate this Agreement at any time. In the event of such termination, the City will be entitled to reimbursement for any services provided up to the date of termination. Prior to the expiration of the initial term or any renewal term, either party may terminate this Agreement by providing 90 days' written notice of non-renewal to the other party. 6. Amendments or Modifications. No amendments or modifications to this Agreement be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 7. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: Page 1 of 2 If to Corporation: North Padre Island Development Corporation Attn: President 1201 Leopard Street Corpus Christi, Texas 78401 If to City: City of Corpus Christi Attn: City Manager's Office 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78401 c. Notice is effective upon deposit in the United States mail in the manner provided above. 8. Relationship of Parties. In performing this Agreement, the Corporation and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. NORTH PADRE ISLAND CITY OF CORPUS CHRISTI DEVELOPMENT CORPORATION Greg Smith Samuel Keith Selman President Interim City Manager Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Assistant City Attorney Page 2 of 2 se O E v AGENDA MEMORANDUM NCORPORA1E Future item for the City Council meeting of August 21, 2018 1852 Action Item for the City Council meeting of August 28, 2018 DATE: August 2, 2018 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, AICP, CFM, Director, Planning and ESI Daniel Mc(a�cctexas.com (361) 826-7011 Rudy Betancourt, Director of Housing and Community Development RudyB(a-).cctexas.com (361) 826- 3021 Resolution adopting the La Molina — Near West Existing Conditions Report CAPTION: Resolution adopting an Existing Conditions Report for the La Molina — Near West Area which is bordered by SH 358 and Saratoga Boulevard to the West, SH 286 to the East, Agnes Street to the North, and SH 286 to the South. PURPOSE: The report identifies factors such as Infrastructure, Social and Recreational Facilities, Public Safety, Housing and Blight, Schools, Public Services, and Business Development that have occurred within the designated area. The report also identifies funding expended and allocated for future public investment efforts of the La Molina — Near West area. BACKGROUND AND FINDINGS: The Texas Department of Housing and Community Affairs (TDHCA) allocates housing tax credits under the federal housing tax credit program. At least 15% of each region's credit allocation is targeted to developments at risk of losing affordability and subsidy. The adoption of this report improves the competitiveness of affordable housing projects in the La Molina — Near West neighborhood when applying for housing tax credits. ALTERNATIVES: None OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO POLICY: The proposed La Molina — Near West Existing Conditions Report confirms to City Policy. EMERGENCY /NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: Housing and Community Development, Planning and ESI, Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures Current 2018 (CIP only) Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: Staff recommends adoption of the La Molina — Near West Existing Conditions Report. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit A— La Molina — Near West Existing Conditions Report Exhibit B — Supporting Info for La Molina — Near West Existing Conditions Report Resolution adopting an Existing Conditions Report for the La Molina — Near West Area which is bordered by SH 358 and Saratoga Boulevard to the West, SH 286 to the East, Agnes Street to the North, and SH 286 to the South; Whereas, the City of Corpus Christi, Texas has considered the revitalization needs of the La Molina - Near West area (the "Designated Area"); Whereas, the City's considerations have incorporated public input on factors including, but not limited to the following that may impact the Designated Area's need for revitalization: Infrastructure, Social and Recreational Facilities, Public Safety, Housing and Blight, Schools, Public Services, and Business Development; Whereas, the City Council has reviewed the La Molina — Near West Existing Conditions Report for the Designated Area (the "Report"); Whereas, the Report contemplates activities that have already been performed in the Designated Area and funding that has already been awarded to the Designated Area for such activities, along with additional and future proposed activities and funding for the Designated Area; and Whereas, the City believes that the full funding for the activities described in the Report will be available; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: Section 1. The City hereby adopts the Existing Conditions Report for the La Molina — Near West Area attached in Exhibit A. Section 2. This Resolution shall become effective immediately upon its passage. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 2 of 2 EXHIBIT A • La Molina-Near West Existing Conditions Report EXHIBIT A LA MOLINA-NEAR WEST EXISTING CONDITIONS REPORT INTRODUCTION The City of Corpus Christi is a beautiful bayfront community with a population of over 325,000 and one of the largest ports in the nation. As the City grows and continues to develop, it becomes increasingly important to ensure that certain older areas are not left behind to become blighted and detrimental to our residents. Over the past fifteen years,the City, school districts, and others have been planning and investing in the area referred to as La Molina-Near West, which is identified by the maps shown in FIGURES 1 and 2. These plans and investments have been intended to revitalize a deteriorating area of Corpus Christi. Despite a revitalization effort and a general understanding of the desired goals,a separate written report for the La Molina-Near West area has never been formally adopted. The purpose of this document is to identify the City's efforts to date along with additional recommended efforts needed to provide a framework for continued revitalization of the area referred to in this report as La Molina-Near West. Sources for investment in this area began with the Corpus Christi and West Oso Independent School Districts,which have provided quality education services in the area for decades.However, some schools in the area have struggled to achieve a met standard rating through the Texas Education Agency,which is what prompted the School District to increase school investments in the Revitalization Area. The City and School District utilized bond financing approved by voters in 2004, 2008, 2012, 2014, and 2018 for various improvement projects, including school improvements. These capital improvement investments are expected to continue for at least ten more years (until 2028) or until all current and future bond projects are complete. Other investments have been made from federal and state sources, such as the Texas Department of Transportation and the U.S. Department of Housing Urban Development (HUD). As the improvements have taken hold, the private sector has made increasing investments in the area as well. The infrastructure investments in schools and roadways planned or completed in the Area represent a concerted effort to revitalize the La Molina-Near West Area that has yet to be formalized through an official revitalization plan. The problems identified in this report have been identified through various citizen workshops related to the municipal bonds in which affected local residents had an opportunity to express their views on problems facing the area. Based on the nature of the revitalization occurring in the community, and to increase the potential for future investment, the adoption of this existing conditions report supports ongoing efforts by various entities to revitalize the La Molina-Near West Area. DESCRIPTION OF AREA The La Molina-Near West Area, otherwise referred to in this document as the "Revitalization Area", is represented by the map shown on FIGURE 1. The area is bounded by SH 358 (South Padre Island Drive) and Saratoga Blvd. to the West, SH 286 (Crosstown Expressway)to the East, Agnes Street to the North, and SH 286 (Crosstown Expressway) to the South. All or a portion of 1 EXHIBIT A seven different census tracts are included within the area, and it is comprised of three zip codes, 78405, 78416, and 78417. The La Molina-Near West Area has experienced a slight decrease in population within the last 18 years. In 2000, the population was 36,722, then in 2010 it was 36,551, and in 2016 it was 35,792, according to the U.S. Census Bureau.The racial and ethnic composition of the Revitalization Area is 85.7% White, 7.7% African American, 10% other race, and 2% two or more races. A majority of the population (89.5%) is of Hispanic or Latino origin of any race while only 10.5% of the population is non-Hispanic.' The Revitalization Area includes all or parts of census tracts 8, 9, 10, 16.01, 16.02, 17.01, and 18.01. The median age in the Area is 35.4 years and 75.4% of the population is over the age of 18. The median household income is $35,152 and 29% of the population in the Revitalization Area has income below the poverty level according to the U.S. Census Bureau 2016 American Community Survey 5-Year Estimates. Furthermore,the Revitalization Area encompasses the La Molina neighborhood(see FIGURE 1), which was the childhood home to the late Tejano music legend Selena Quintanilla. Thus,the area has significant cultural and historic value that is in the City's interest to revitalize. By adopting this document,the City of Corpus Christi is providing continued support for improvements in this historic neighborhood,to enhance quality of life in the area for current and future residents. CONSIDERATIONS IN IDENTIFYING THE AREA The Revitalization Area for this report has been identified based on several factors, including physical boundaries such as expressways or major thoroughfares, other boundaries such as zip codes and census tracts,the concentration of recently completed or planned development projects, and a desire to improve and/or revitalize the following areas: ❖ Infrastructure — Transportation, Drainage and Sewer. Several roads in the Revitalization Area are main arteries to the central business district of Corpus Christi. Streets such as Agnes Street, Old Brownsville Road/Morgan Avenue, Navigation Blvd., and Greenwood Drive connect the Revitalization Area to the central city. Each of these roads had fallen into disrepair, but received substantial improvements within the last ten years,including new asphalt,curb and gutters,sidewalks with ADA compliant ramps,RTA bus pads,utility improvements for storm water mitigation, and new signage and pavement markings. Other roads and side streets in the area will require similar improvements to prevent flooding and improve transportation within the Area. ❖ Social and Recreational Facilities. Many social and recreational facilities in the Area are older and have fallen into a state of disrepair; however,there has been an ongoing effort to revitalize many facilities. The largest recreational facility in the Area is the Gabe Lozano Golf Center, a 225-acre public golf course that sits along the South side of Old Brownsville Road. The course received bond financing in 2004 for various improvements. Also,several 'The U.S. Census Bureau considers race and ethnicity to be two separate and distinct concepts.Race is a person's self-identification with one or more social groups.An individual can be report as White,Black,or African American,Asian,American Indian and Alaska Native,Native Hawaiian and Other Pacific Islander,or some other race.Respondents may report multiple races. Ethnicity determines whether a person is of Hispanic origin or not.For this reason,ethnicity is broken out in two categories,Hispanic or Latino and Non-Hispanic or Latino.Hispanics may report as any race. 2 EXHIBIT A neighborhood parks identified in this report have received improvements within the last five years, but additional facility improvements are needed within the Revitalization Area to improve quality of life. ❖ Public Safety. Crime rates in the Revitalization Area vary depending on the neighborhood or corridor, but they are generally lower than the average crime rate for the City. The average crime rate for the City of Corpus Christi is 13% higher than the State average, which is 31.94% (per 1,000 residents). The La Molina-Near West Area is a relatively safe, family-friendly community, but several improvements have been made in recent years to increase public safety within the Revitalization Area. Improved lighting has been added along major thoroughfares, safe exchange places for online purchases have been established, and police patrols have increased in neighborhoods and parks. Continued revitalization of the Area and additional public safety improvements or programs is recommended to further enhance public safety in the Area. ❖ Housing & Blight. Many homes and businesses in the area are vacant, deteriorated, or have noticeable depreciation. Much of the housing stock and commercial structures are greater than fifty years old and are in significant disrepair. Many vacant properties have high grass, illegal encampments, broken windows and various other potential building/zoning code violations. In addition, nearly half(44.7%) of the total housing units in the Area are occupied by renters, which coupled with low incomes in the area, implies a demand for additional affordable rental housing. There has been an ongoing effort by the City to mitigate this issue, including in 2018 the City provided written support for the construction of three new proposed affordable housing developments in the Revitalization Area to receive Low-Income Housing Tax Credits worth approximately $16 million. Existing multi-family developments in the area may also be eligible to receive Low-Income Housing Tax Credits in the future, which would significantly contribute to revitalizing the area. ❖ Schools. There has been a significant emphasis on school quality in the Revitalization Area. The community has centered on improving the school system and schools, which include, Del Mar College's West Campus, West Oso High School, Moody High School, Cunningham Middle School, Garcia and Los Encinos Elementary Schools. Many of the schools in the Revitalization Area were old and in need of renovation when revitalization first began. Some improvements have been made, such as the roof replacement to Moody High School and the addition of Los Encinos Elementary, but additional work needs to be done to meet the educational needs of residents in the area. Access to quality schools is a critical component of community revitalization; therefore, the emphasis on school quality is critical to revitalizing this area. ❖ Public Services. The Revitalization Area is in need of improvements to Public Services, such as police and fire. Some improvements have been made to facilities outside of the Revitalization Area over the years,but there are a limited number of police and fire stations directly within the Revitalization Area. There are three nearby fire stations, one of which is within the area, and two nearby law enforcement facilities that are intended to serve the area (see FIGURE 1). However, area residents would benefit greatly from an additional police and/or fire station. The proposed 2018 bond allocates approximately$22 million for public facilities that may be used for an additional facility or upgrades to existing facilities. 3 EXHIBIT A The provision of additional services would likely reduce crime and property loss in the Revitalization Area while also improving quality of life. ❖ Business Development. The economy in Corpus Christi is largely driven by oil and gas and tourism. However, access to retail and other employment is vital to improving economic opportunities for residents in the area. One of the largest employers in the area, a payment processing company called First Data,permanently closed in 2015, resulting in a loss of around 300 jobs according to media reports. The new Del Mar College Workforce Development Center and Emerging Technology building planned for the College's West Campus will contribute to economic development of the area, through workforce training, and is expected to support existing businesses in the area. By focusing on business development and workforce training for emerging technologies, the area will see a significant impact to economic and community development. TARGETED COMMERCIAL AND RESIDENTIAL REVITALIZATION The La Molina-Near West Revitalization Area has many residential and commercial properties in various levels of disrepair. These structures are in need of renovations or need to be completely demolished and reconstructed.Although the Revitalization Area desires to attract new commercial businesses and housing projects,the emphasis of this report is also concentrated on the renovation or demolition/reconstruction of existing older buildings and improvements to surrounding streets, sidewalks, and other public spaces. The opportunities for targeted commercial and residential revitalization are as follows: 1. Commercial—Attract new businesses and expand or improve existing businesses. 2. Residential — Because of the extent of the affordable housing portfolio resulting from previously depressed economic circumstances, the focus going forward is for continued rehabilitation and redevelopment of the existing housing stock, both multi-family and single-family, along with attracting and promoting market-based housing to the area. 3. Vacant properties—Working with property owners to maintain their properties and restore pride of ownership in residential neighborhoods. IMPROVEMENT PROJECTS AND PROGRAMS ALREADY COMPLETED IN THE REVITALIZATION AREA The following improvements and programs have already been completed or implemented in the Revitalization Area. The City and other entities have been working to improve the Revitalization Area over the last fifteen years and the projects listed below reflect more than $55 million of completed improvements. See FIGURE 2 for project locations. I. Infrastructure 4 EXHIBIT A Project#1: Street improvements to Cliff Maus Road from Old Brownsville Road to Bear Lane,and SH 358 to Rockford Drive. New sidewalks, pavement markings, and storm water drainage. Completed as of i f November 2017. Source of Funding: City of Corpus Christi 2004 Bond Completed Street Improvements to Cliff Maus Rd (Google Images) FundingAmount: $1,858,000 Project#2: Reconstruction of Greenwood Drive (phase 1)from Gollihar Rd to South Padre Island Drive. Included reconstruction with new asphalt, curb and gutters, sidewalks with ADA ramps, RTA bus pads, and underground reenwood fir. utility for storm water mitigation, Sarld 2004 6 new signage and pavement markings. Completed as of ro November 2017. , . Q Source of Funding: City of Corpus Christi 2004 Project Location .L Bond (Photo from Corpus Christi City Council Presentation) Funding Amount: $2,760,000 Project#3: Street Improvements to Bear Lane from Old Brownsville Road to South Padre Island Dr. (SH 358). Complete as of November 2017. Source of Funding: City of Corpus Christi 2008 Bond Funding Amount: $4,200,000 Completed Improvements to Bear Lane (Google Images) 5 EXHIBIT A Project#4: Reconstruction of Greenwood --_ Drive (phase 2) from Gollihar to , Horne Road. This phase involved ' the reconstruction of the western portion of Greenwood Drive to a five-lane road with four travel lanes and a continuous left turn lane. - Completed in April 2018. Source of Funding: City of Corpus Christi 2012 Bond Completed Greenwood Drive Reconstruction Funding Amount: $4,808,000 (Photo from City of Corpus Christi) IL Recreational Project#5: Facility and grounds improvements to Gabe Lozano Golf Course.Work 1 completed as of November 2017. r y Source of Funding: City of Corpus Christi 2004 Bond Funding Amount: $2,756,000 Gabe Lozano Golf Course After Renovation (Photo from lozanogolfcenter.com) Project#6: Construction of Greenwood Softball Complex. Includes a clubhouse and four softball fields. Completed as of November 2017. i.. Source of Funding: City of Corpus Christi 2008 Bond Funding Amount: $2,450,000 Completed Greenwood Softball Complex (Google Images) 6 EXHIBIT A Project#7: Addition of new hike and bike trails at Dr. Hector P. Garcia Park F (Greenwood Park) to increase HIKE&BIKE TRAIL health and mobility in the Area. Improvements completed in May 2017. Source of Funding: V 0 Corpus Christi Metropolitan Planning Organization Funding Amount: $310,500 Map of HikeBikc Trails (Photo from Corpus Christi City Council Presentation) Project#8: Improvements to Westhaven Park J on Cliff Maus Drive were completed in September 2017. Improvements included a new walking trail, a multipurpose sports field,new exercise equipment,new lighting,and a new park sign. Source of Funding: Nueces County and City of Corpus Christi Parks and Recreation Dept. Funding Amount: $300,000 New ADA compliant playground at Westhaven Park (Photo from Caller-Times) III. Public Facilities Project#9.- Greenwood 9:Greenwood "Ben F. McDonald" Library remodel & facilities 4 improvement. Construction completed as of November 2017. Source of Funding: _ City of Corpus Christi 2008Bond Funding Amount: $1,500,000 Remodeled Ben F.McDonald Public Library (Photo from www.cclibraries.com) 7 EXHIBIT A Project#10: Greenwood Wastewater Treatment Plant improvements to reduce nuisance odors and risk of flooding, including the purchase of an Eco- b;O Filter system for odor control and i an ultraviolet (UV) electrical - ------- system to maintain TCEQ j # compliance standards.Construction f I began July 2016 and completed in j -- October 2017. Source of Funding: I City of Corpus Christi Capital Improvement Program(CIP) Greenwood Wastewater Treatment Plant Eco-Filter Funding Amount: $2,204,800 (Photo from City of Corpus Christi) Project#11: Construction of new wastewater lift W Point Rd Lift Station station near the intersection of West Point Road and Old Brownsville - Road to serve development in the area. Project was completed in - 2017. ' s Source of Funding: City of Corpus Christi Capital Improvement Program (CIP) Funding Amount: $1,200,000 _ W Point Rd Wastewater Lift Station (Google Maps) IV. Housing Project#12: Construction of Buena Vida Senior Village apartments located at 4650 Old Brownsville Rd. The apartments have 100 affordable units funded by Low-Income Housing Tax Credits awarded in 2008. Construction completed in 2010. 8 EXHIBIT A Source of Funding: Texas Department of Housing and Community Affairs (TDHCA)/Private Funding Amount: $9,462,975 T. Buena Vida Senior Village Residences (Photo from www.buenavidaseniorvillage.com) V. Schools Project#13: FaR Construction of new Los Encinos Elementary School on Frio Street East of Greenwood Drive. Completed in September 2017. Source of Funding: Corpus Christi Independent School ' a District 2014 Bond ' Funding Amount: $22,800,000 Completed Front Entrance (Photo from CCISD 2014 Bond Update Presentation) Project#14: Moody High School Roof Replacement. Project completed = - - December 2017. Source of Funding: Corpus Christi Independent School District 2014 Bond Funding Amount: $2,851,798 - ', Moody High School Completed Roof Replacement (Google Images) IMPROVEMENTS AND PROGRAMS PLANNED FOR THE REVITALIZATION AREA 9 EXHIBIT A The following improvements and programs are proposed or planned for the Revitalization Area. Over$54 million of improvements are expected to be implemented in the next three to five years. See FIGURE 2 for project locations. I. Infrastructure— Street & Highway Improvements Project 415: Street and sidewalk reconstruction and improvements to Gollihar Road between Greenwood Drive and SH 286 (crosstown expressway). Improvements include resurfacing, painting, and increased storm water management. Construction is targeted for completion by December 2021. Source of Funding: City of Corpus Christi Proposed 2018 Bond FundingAmount: $3,750,000 Project#16: Street and sidewalk reconstruction and improvements to Frio Street/Dorado Street/Hacala Corridor between Greenwood Drive and Martin Street. Resurfacing and storm water management. Construction is targeted for completion by December 2021. Source of Funding: City of Corpus Christi Proposed 2018 Bond FundingAmount: $1,600,000 Project#17: Reconstruction of SH 358 (South Padre Island Drive) to enhance safety and increase mobility, including ramp and signage improvements. The project encompasses a 5-mile stretch of SH 358 from Leopard Street to SH 286 (crosstown expressway). Construction is targeted for completion by the fall of 2021. Source of Funding: Texas Department of Transportation (TX DOT) FundingAmount: $8,900,000 H. Schools Project 418: Del Mar College West Campus Improvements. Improvements include a new Workforce Development Center building, which will provide specialized training for employment in Coastal Bend industries, and an expansion of the West Campus Emerging Technology Building. The facilities will provide 24,000 square feet of additional instruction space to the campus. The project is currently under construction. Source of Funding: Dell Mar College 2014 Capital Improvements Bond FundingAmount: $23,400,000 10 EXHIBIT A ., Del Mar College West Campus New Workforce Development Center Front Entrance Rendering (Turner Ramirez Architects) Del Mar College West Campus New Emerging Technology Building Expansion Rendering (GIGNAC I Architects) III. Business Development Project#19: Construction of new Fairfield Inn& Suites at the corner of S. Padre Island Dr. and Old Brownsville Rd. (522 S. Padre Island Dr.). Based on the building permit filed with the City' Development Services Department,the hotel is targeted for completion by September 2018. Source of funding: Private Funding Amount. Not identified IV. Housing Project#20: The City of Corpus Christi determined a need for more affordable housing within the Revitalization Area.As a result,the City Council provided written support for three Low-Income Housing Tax Credit developments in the La Molina-Near West Area. TDHCA typically awards at least one project per year in Corpus Christi and Avanti at 11 EXHIBIT A Greenwood is the project which received a tax credit award on July 26, 2018. • Village at Greenwood, 81-unit new construction located on Greenwood Dr. between Holly Rd. and Saratoga Blvd. • Avanti at Greenwood, 81-unit new construction located on Greenwood Dr. between Holly Rd. and Saratoga Blvd. • Casa De Manana Apartments, 99-unit reconstruction. Source of funding: Texas Department of Housing and Community Affairs (TDHCA) Funding Amount: $16,162,600 (avg. development cost per housing project) 12 EXHIBIT A CONTINUED PLANNING FOR THE REVITALIZATION AREA The improvements and programs described in this report are examples of previous and current activities implemented to revitalize Corpus Christi's La Molina-Near West community. However, the City will continue to create opportunities to establish programs, identify funding sources, or provide improvements that will revitalize the area, uplift the neighborhood and supporting area businesses to continue the cycle of improvement and avoid future deterioration. The City Planning Department will be working with the community to update the Westside Area Development Plan in Fiscal Year 2018-2019. ANTICIPATED RESULTS The initiatives described in this report will work towards reversing existing deterioration in the neighborhoods of the Revitalization Area, improve the aesthetics of the area, provide additional infrastructure for accessibility and development,increase the tax base, support existing businesses, and attract additional businesses, which will lead to increased economic opportunity for those living and working in the Revitalization Area. Each initiative in the Revitalization Area, whether already completed or planned for the future, supports a framework that will improve this area. By combining resources from the City, County, Federal, School District, and the private sector, the Revitalization Area will achieve major economic infusion. Because many of these resources have already been spent or allocated, the City is confident that the projects and programs will continue to be fully implemented as intended. 13 EXHIBIT A FIGURE 1 LA MOLINA-NEAR WEST REVITALIZATION AREA Nueces County Sheriff I r i y La Molina Fire Station 910 Neighborhood N Fire Station 48 c Fire Station#18 14 EXHIBIT A FIGURE 2 LA MOLINA-NEAR WEST REVITALIZATION PROJECTS Lo.p-d G MOWS N IQ Christi Si TX--44 E 11.1%, Maxq­A. 18 k 12 m20 3 111 194V' e,,Lc %19. .A. -7 8 4 15 LLe 7 14 rd 16 13 q U 0.45 0.9 1.8 27 msr Completed Improvements 1. Street improvements to Cliff Maus Rd. ($1,858,000) 2. Reconstruction of Greenwood Drive Phase 1 ($2,760,000) 3. Street improvements to Bear Ln. ($4,200,000) 4. Reconstruction of Greenwood Drive Phase 2 ($4,808,000) 5. Improvements to Lozano Golf Course ($2,756,000) 6. Construction of Greenwood Softball Complex ($2,450,000) 7. Construction of new hike/bike trails ($310,500) 8. Improvements to Westhaven Park($300,000) 9. Greenwood"Ben F.McDonald"Library Remodel&Improvement($1,500,000) 10. Greenwood Wastewater Treatment Plant Improvements ($2,204,800) 11. Construction of Wastewater Lift Station at W Point Rd. ($1,200,000) 12. Construction of Buena Vida Senior Village Apartments ($9,462,9 75) 13. New Los Encinos Elementary School ($22,800,000) 14. Moody High School Roof Replacement($2,851,798) Planned Improvements 15. Street and Sidewalk Improvements to Gollihar Rd. ($3,750,000) 16. Street and Sidewalk Improvements to Fnio/Dorado/Hacala Street Corridor($1,600,000) 17. SH 358 (South Padre Island Drive)Reconstruction(TX DOT) ($8,900,000) 18. Del Mar College West Campus Workforce Dev. Center& Emerging Tech. ($23,400,000) 19. Construction of New Fairfield Inn& Suites (funding amount not identified) 20. Proposed new multi-family affordable housing($16,162,600) 15 EXHIBIT B SUPPORTING INFO. FOR LA MOLINA-NEAR WEST EXISTING CONDITIONS REPORT The projects listed below ore City of Corpus Christi Bond Projects found in the attached Bond Program Summary Project#1 Street improvement to Cliff Maus Rd. Project #2 Reconstruction of Greenwood Drive Phase 1 Project #3 Street improvements to Bear Lane Project #4 Reconstruction of Greenwood Drive Phase 2 Project #5 Improvement to Gabe Lozano Golf Course Project #6 Construction of Greenwood Softball Complex Project #9 Greenwood "Ben F. McDonald" Library Remodel & Improvement EXHIBIT B BOND PROGRAM SUMMARY* 2004 THROUGH 2016 As of March 23,2018 Street Bond Issue 2004 Projects Voter Proposition 1 Approved Status Bond 1 ADA Improvements 4,000 Complete 2 Cimarron Blvd,Ph.1-Saratoga to Yorktown 6,440 Complete 3 Cimarron Blvd,Ph.2 Yorktown to Bisons(Mirele) 2,372 Complete 4 Doddridge Street-Ocean Drive to Staples 3,495 Complete 5 Everhart Road,Ph.1-Saratoga to Cedar Pass 4,497 Complete 6 INorth Port Ave-IH 37 to US 181 1,604 Complete 7 Up River Road-Rand Morgan to McKenzie 4,465 Complete 8 Waldron Rd. Purdue to Glen Oak&Mediterranean Ext 2,474 Complete 9 Future TxDOT Participation 500 Complete 10 Neighborhood Street Reconstruction 9,428 Complete Cluster 1-Riverside Area Cluster 2-Nueces Bay/Buddy Bay/BuddyLawrence Area Cluster 3-South Port/Greenwood Area Cluster 4-Mansheim/Sunn brook Area Cluster 5-Holl /Kostor z Area Cluster 6-Alameda/Reid Area Cluster 7-Nile Area 11 Street Lighting 800 Complete 12 Street Overlays 4,200 Complete 13 Traffic Congestion Management 3,500 Complete 14 Traffic Signals(New and Upgrades) 2,130 Complete 15 Cliff Maus,Ph.2-Brownsville Rd to Bear Lane 803 Complete 16 Cliff Maus,Ph.3-SPID to Rockford Drive 1,058 Complete 17 Wooldridge Road Ph.1-South Staples to Airline 3,239 Complete 18 Wooldridge Road Ph.2-Rodd Field to Airline 4,373 Complete 19 Developer Participation 500 Complete 20 Greenwood Dr.Ph.1-Gollihar to South Padre Island Dr. 2,760 Complete 21 Laguna Shores Road-Graham to Hustlin Hornet 3,412 Complete 22 Padre Island Aesthetic Development Participation 150 Complete 23 Park Road 22 Bridge 1,400 Bid 24 Downtown Redevelopment Participation 250 Complete 25 North Beach Area Improvements 500 Complete TOTAL $ 68,350 Proposition 2-Public Health&Safety Budget Status 1 Southside Fire Station 1,500 Complete 2 ADA Co-Ed Fire Stations(1,2,6,7,11,12,13,14,and 15) 400 Complete TOTAL $ 1,900 Proposition 3-Public Facilities Budget Status 1 NW Library Expansion 2,000 Complete 2 Museum Fire Suppression,Phase 2 160 Complete 3 New Southside Library 3,500 Complete TOTAL $ 5,660 Proposition 4-Park and Recreation Budget Status 1 Sports Field Improvements 2,250 Complete 2 Golf Course Improvements(Gabe Lozano and Oso Beach) 2,756 Complete 3 Renovate Senior&Recreation Facilities 1,300 Complete 4 HEB Tennis Center 500 Complete 5 Neighborhood Parks Improvements 500 Complete 6 lWindsport Park Improvements(South Cole Park) 100 Complete TOTAL $ 7,406 Proposition 5-Bayfront Master Plan Project Budget Status 1 Bayfront Development Plan,Phase 1 11,684 Complete 37 TOTAL BOND 2004 $ 95,000 1 EXHIBIT B BOND PROGRAM SUMMARY* 2004 THROUGH 2016 As of March 23,2018 BOND 2008 Voter Proposition 1-Streets Approved Status Bond 1 ADA Improvements 5,000 Complete 2 Bear Lane-Old Brownsville Road to SPID 4,200 Complete 3 Yorktown Blvd.-Staples to Cimarron 7,000 Complete 4 Airline Road-Saratoga to Rodd Field 8,050 Complete 5 Williams Drive,Ph.1-Rodd Field to Nile Drive 2,475 Complete 6 lWilliams Drive,Ph.2-Nile Drive to Airline. 5,470 Complete 7 Staples Street,Ph.1-Brawner to Barracuda 5,900 Complete 8 Staples Street,Ph.2-Barracuda to Gollihar 6,550 Complete 9 TxDOT Participation Projects 2,400 Complete 10 Aquarius Street-Dasmarinas to Commodores 950 Complete 11 Street Lighting-City Wide 500 Complete 12 Westside Area Street Lighting,Leopard Street(Villa to X-Town) 100 Complete 13 Street Overlays 11,815 Complete 14 Traffic Signals(New&Synchronization) 1,000 Complete 15 Kostoryz Road,Ph.1-Horne to Sunnybrook 3,675 Complete 16 Kostoryz Road,Ph.2-Sunnybrook to SPID 3,100 Complete 17 Mansheim&Helen-Gabriel to Kostoryz&Sunnybrook to Gollihar 3,245 Complete 18 Robert Street-Gaines to Ocean Drive 1,000 Complete 19 Wooldridge Road-Rodd Field to Quebec 1,510 Complete 20 Staples Street,Ph.1-Saratoga to Holly 6,850 Complete 21 Staples Street,Ph.2-Holly to Williams 4,250 Complete 22 Up River Road,Rand Morgan to IH-37(Inside City Limit Only) 3,100 Complete 23 Developer Participation 2,400 Complete 24 Flour Bluff Drive,Ph.1-SPID to Graham 3,600 Complete 25 Flour Bluff Drive,Ph.2-Graham to Don Patricio 3,250 Complete 26 Paving Assessments 2,230 Complete 27 Buddy Lawrence Drive-Antelope to IH-37 1,300,000 1,300 Complete 28 County Road 69-County Road 52 to FM 624 800 Complete 29 Charles Drive-Leopard to Maple Leaf 600 Complete 30 Palmira Street-(Encantada to Pescadores) 290 Complete 31 Downtown Streets-Chaparral 2,000 Complete* TOTAL $ 104,610 *2-way conversion under Chaparral Ph.2 Voter Proposition 2-Fire Department Approved Status Bond 1 Public Safety Warehouse for Police&Fire Departments 1,750 Complete 2 Relocation of Fire Station#5 2,000 Complete 3 New Fire Station in area of Holly/Saratoga and Ayers(#18) 2,100 Complete 4 Remodeling and Repairs to Five Fire Stations 400 Complete TOTAL $ 6,250 Voter Proposition 3-Police Department Approved Status Bond 1 Police Department Building Elevators 640 Complete 2 Vehicle Impound Facility,Ph.1 2,700 Complete TOTAL $ 3,340 Voter Proposition 4-Public Health Approved Status Bond 1 Rehabilitation of City/County Health Department Facility 1,150 Complete TOTALI $ 1,150 2 EXHIBIT B BOND PROGRAM SUMMARY* 2004 THROUGH 2016 As of March 23,2018 Voter Proposition 5-Public Facilities Approved Status Bond 1 Greenwood Library Remodeling&Improvements 1,500 Complete 2 HVAC/Air Handling Unit/Chiller/Generator and Fire/Security Repairs 850 Complete and/or Replacement(CC Museum) 3 HVAC @ Art Museum of South Texas 600 Complete 4 Land Purchase and Improvements for NW Library 100 Pending cancellation TOTAL $ 700 Voter Proposition 6-Park&Recreation Approved Status Bond 1 Oso Creek/Oso Bay Area Park Development 2,750 Complete 2 Hike&Bike Trails-City Wide 500 Complete 3 Sports Field Lighting and Other Improvements-City Wide 3,000 Complete 4 Neighborhood Park Playground&Park Improvements-City Wide 750 Complete 5 Cole Park Renovations and Improvements 2,500 Complete 6 Greenwood Softball Complex 2,450 Complete 7 Park Operations-New Maintenance Facility 1,000 Complete 8 Broadmoor Senior Center Expansion 1,400 Complete 9 Old State School Property Development(Phase 2) 1,750 Complete 10 Heritage Park Cultural Center Historical Preservation/Restoration 1,500 Complete 11 Replacement of H.E.B.Pool Complex 2,500 Complete 12 Tennis Court Improvements(H.E.B.&Al Kruse Centers) 300 Complete 13 Bathhouse at Surfside Park(Nearby Lexington on North Beach) 300 Complete 14 Extend Promenade Northward on North Beach 500 Complete 15 North Beach Entry Development 200 Complete 16 North Beach Side Walks 200 Complete TOTAL $ 21,600 Voter Proposition 7-Bayfront Master Plan Approved Status Bond 1 Bayfront Development Plan Phase 3 (shoreline/Bayshore Park) 13,000 Complete* TOTAL $ 13,000 59 TOTAL BOND 2008 $ 150,650 *Bond scope substantially complete. 3 EXHIBIT B BOND PROGRAM SUMMARY* 2004 THROUGH 2016 As of March 23,2018 BOND 2012 Voter Proposition 1- Street Improvements Approved Status Bond 1 Navigation Blvd,from Up River Rd to Leopard St 4,000 Complete 2 Tuloso Road,from IH37 to Leopard St 1,800 Construction 3 McArdle Road,from Nile Dr to Ennis Joslin Rd 3,100 Construction 4 McArdle Road,Whitaker Dr to Nile Dr 2,900 Construction 5 South Alameda St,from Ayers St to Louisiana Ave 2,300 Construction 6 Greenwood Dr,from Gollihar Rd to Horne Rd 2,100 Construction 7 S Staples St,from Brawner Pkwy to Kostoryz Rd 3,400 Construction 8 S Staples St,from Morgan Ave to IH37 5,300 Complete 9 Kostoryz Rd,from Brawner Pkwy to Staples St 3,300 Construction 10 Ocean Dr,from Buford St to Louisiana Ave 5,500 Construction 11 Horne Rd,from Ayers to Port Ave 900 Complete 12 Morgan Ave,from S Staple St to Crosstown Expressway 2,300 Coordinate w/Spohn Hospital 13 Twigg St,from Shoreline Blvd to Lower Broadway St 1,400 Coordinate w/Harbor Bridge 14 Williams Dr,from S Staples St to Airline Rd 1,700 Construction 15 Leopard St,from Crosstown Expressway to Palm Dr 2,600 Coordinate w/Harbor Bridge 16 Yorktown Blvd,from Rodd Field Dr to Cimarron Blvd 3,800 Complete 17 Holly Rd,from Crosstown Expressway to Greenwood Dr 2,500 Redesign 18 JFK Causeway Improvements 650 Complete 19 ADA Master Plan Improvements 2,300 Complete 20 Signal Imps&Street Lighting 2,000 Ongoing 21 TxDOT Projects 1,150 Ongoing TOTAL $ 55,000 Voter Proposition 3- Service Center Complex Improvements Approved Status Bond 1 Streets&Solid Waste Admin Bldg Roof Replacement 300 Pending add'I funding 2 Signs/Signals Operations New Shop&Office Facility 2,500 Complete 3 Fleet Maint Heavy Equip Shop Roof Replacement 350 Complete 4 Animal Care Facility Remodel/Improvements 1,150 Complete 5 Streets/Solid Waste Storage Blding w/Slab 450 Complete TOTAL $ 4,750 Voter Proposition 4- Parks&Recreation Improvements Approved Status Bond 1 City-Wide Community Parks Development&Improvements 5,000 La Retama Complete West Guth Bid Bill Witt Design Billish Construction(by HOA) HP Garcia/Salinas Complete Artesian Complete Parker Complete 2 Aquatic Facilities Repairs,Upgrades&Improvements 3,500 Collier Pool Complete West Guth Pool Construction 3 Hike&Bike Trails Development&Improvements 1,500 Bear Creek Hike&Bike Complete Schanen Ditch Hike&Bike(Yorktown to Saratoga) Complete 4 HEB&Al Kruse Tennis Centers Repairs,Upgrades&Imps 3,000 Complete 5 Ocean Drive Parks Repairs&Improvements 3,000 Cole Park Complete Swantner Park Complete TOTALI $ 16,000 4 EXHIBIT B BOND PROGRAM SUMMARY* 2004 THROUGH 2016 As of March 23,2018 Voter Proposition 5- Museum&Library Improvements Approved Status Bond 1 Museum of Science&History Roof Replacement 1,600 Complete 2 Northwest&Garcia Libraries Roof Repairs 80 Complete 3 Shoreline Barge Dock Parking Lot Facilities ADA Imps 400 Complete 4 Central Library Roof Replacement 260 Pending add'I funding TOTAL $ 2,340 Voter Proposition 6-Public Health Approved Status Bond 1 Health Department WIC Building Roof Replacement 220 Complete 2 IHealth Department Building Parking Lot 600 Complete Voter Proposition 7-Public Safety Improvements Approved Status Bond 1 JVehicle Impound Yard&Garage,Phase 2 700 Construction TOTAL $ 700 Voter Proposition 8-Economic Development Projects Approved Status Bond 1 SeaTown Pedestrian Improvements 500 Design 2 North Beach Area Rd Imps&Area Beautification 600 Rebid 3 International Blvd Airport Entrance Reconstruction 800 Complete 4 North Beach Area Pedestrian Imps&Area Enhancements 1,000 Rebid 5 County Road 52 Extension 2,500 Complete 6 Developer Participation 3,000 Complete TOTAL $ 8,400 44 TOTAL BOND 2012 $ 87,190 5 EXHIBIT B BOND PROGRAM SUMMARY* 2004 THROUGH 2016 As of March 23,2018 BOND 2014 Voter Proposition 1: Approved Status Bond 1 Alameda St(Kinney St to Lipan St) 1,500 Complete 2 Gollihar Rd(South Staples to Weber Rd) 7,500 Construction 3 Gollihar Rd(Kostoryz Rd to Weber Rd) 7,400 Construction 4 Morgan Ave(Staples to Ocean Dr) 3,100 Coordinate w/Spohn Hospital — 5 Corona Dr(Flynn Pkwy to Everhart Rd) 3,200 Construction 6 jAyers St(Alameda St to Ocean Dr) 3,900 Construction 7 Yorktown Blvd(Lake Travis to Everhart Rd) 3,700 Construction 8 Staples St(Alameda St to Morgan St) 2,900 Construction 9 Southern Minerals Rd(Up River Rd to IH-37) 2,400 Complete 10 Yorktown Blvd(Everhart Rd to Staples St) 7,500 Construction 11 Carroll Lane(Houston St to McArdle Rd) 3,200 Construction 12 Old Robstown Rd(Highway 44 to Leopard St) 3,000 Construction 13 Waldron Rd(Glenoak Dr to Caribbean Dr) 1,800 Complete 14 Santa Fe St(Elizabeth St to Hancock St) 1,600 Complete 15 ADA Master Plan Improvements 2,300 2016 SPMP Work Plan TOTAL 55,000 Voter Proposition 2: Approved Status Bond 1 Ayers St-Pedestrian Impvts and Turn Lane 2,000 Bid 2 Chaparral Street-Phase 2 5,000 Construction 3 TxDOT Participation 2,500 Ongoing 4 Traffic Signals and Lighting Improvements 5,000 Ongoing 5 Rodd Field Road Expansion 9,600 Design 6 IDowntown Traffic Signal and Area Impvmts 3,500 Bid 7 Ennis Joslin Road Extension 3,400 Construction 8 Flato Road 3,500 Design 9 Harbor Bridge Repl Mitigation&Support Projects(Ph 1) 3,500 Preliminary 10a North Padre Island Beach Access Roads(3A) 3,500 Complete 10b North Padre Island Beach Access Roads(2) Complete 11 North Padre Island Beach Facility 1,200 Rebid 12 Downtown Road and Streetscape Improvements 1,500 Design 13 Creekview Drive Extension 295 Complete TOTAL 44,495 28 TOTAL BOND 2014 $ 99,495 6 EXHIBIT B BOND PROGRAM SUMMARY* 2004 THROUGH 2016 As of March 23,2018 BOND 2016 Voter Proposition 1: Approved Status Bond 1 TxDOT Participation&Mobility Improvements 2,350 Ongoing 2 Residential Street Rebuild 11,000 Design 3 ADA Master Plan Improvements 2,500 2018 SPMP Work Plan 4 Developer Participation 2,500 Ongoing TOTAL 18,350 7 EXHIBIT B Project #7 Construction of new Hike/Bike Trails EXHIBIT B FY 2017 Annual Project Listing Corpus Christi Metropolitan Planning Organization Bicycle and Pedestrian Projects Project ID: Federal Cost: $344,400.00 CSJ Number: 0916-28-066 State Cost: $0.00 Project Name: AKINS DR PEDESTRIAN & BIKE FACILITY Local Cost: $86,100.00 County Name: SAN PATRICIO Local Contribution: $0.00 From: ON AKINS DR. FROM LANG RD. Total: $430,500.00 To: WILDCAT DR. Let Date: Apr-2017 Work Type: CONSTRUCT HIKE AND BIKE TRAIL Funding Category: 9 Estimated Completion Date: Amt of funds programmed in the TIP(multiphased project): $ - Amt obligated in the program year(FY 2017): $430,500.00 Amt of funds remaining and available for use in subsequent yrs(multi-phased project) S - Project ID: Federal Cost: $508,800.00 CSJ Number: 0916-35-200 State Cost: $0.00 Project Name: SCHANEN DITCH HIKE & BIKE TRAIL Local Cost: $127,200.00 County Name: NUECES Local Contribution: $0.00 From: ALONG SCHANEN DITCH SARATOGA BLVD Total: $636,000.00 To: KILLARMET Let Date: Aug-2017 Work Type: CONSTRUCTION HIKE & BIKE TRAIL Funding Category: 9 Estimated Completion Date: Amt of funds programmed in the TIP(multiphased project): Amt obligated in the program y ear(FY 20XX): Amt of funds remaining and available for use in subsequent yrs(multi-phased project) Project ID: Federal Cost: $264,000.00 CSJ Number: 0916-35-201 State Cost: $0.00 Project Name: DR HECTOR P GARCIA PARK HIKE & BIKE TRAIL Local Cost: $66,000.00 County Name: NUECES Local Contribution: $0.00 From: AT GARCIA PARK ON GREENWOOD DR. Total: $330,000.00 To: Let Date: Aug-2017 Work Type: CONSTRUCTION HIKE & BIKE TRAIL Funding Category: 9 Estimated Completion Date: Amt of funds programmed in the TIP(multiphased project): Amt obligated in the program year(FY 20XX): Amt of funds remaining and available for use in subsequent yrs(multi-phased project) Total Federal Funds Obligated in FY 2017(Bicycle and Pedestrian Projects): $1,396,500.00 EXHIBIT B Project#8 Improvements to Westhaven Park M COMMISSIONERS COURTS LAW DEPARTMENTS COUNTY QUICK COURT ENFORCEMENT L SERVICES LINKS Commiseoners Court.Adranced Components=List&Detail Paees. • Commissioner Precinct I • Commissioner Precinct 2 PHOTO ALBUM LIST Fontlm Share&noalan.rk Feedback Print • Commissioner Precinct 4 Back Commissioner Court Groundbreaking Ceremony for Westhaven Park • Administration Updated on 03/07/20171:44 PM A partnership between Nueces County,City of Corpus Christi and West Oso ISD.Cammissloner]AG has committed $300,000 in park Improvements which indudes o new walking trail,upgraded irrigation,turf fora multipurpose sports field,exercise equipment andADA exercise equipment;improve lighting,bosketbail court,pavilion and a newporksign. LlveVideo of Meeting City's funding renovations will include improve parkingspaces,shaded seating areas and new playground equipment; West Oso ISD will help with the maintenance once park is completed. EXHIBIT B Project #10 Greenwood Wastewater Treatment Plant Improvement 3/1912018 t xfKOT4 -File#: 18-0068 Sign In SO� City of Corpus Christi-Action DetaO' CITY QF ", Details Corpus Chrl� File#: 18-0068 Version: 1 Type: Motion Title: Engineering Design Contract for Greenwood Wastewater Treatment Plant Electrical Improvements to City Home 1 eglslatlon Calendar Ultraviolet System(Capital improvement Program)Motion authorizing the City Manager,or designee,to execute a professional services contract with Lockwood,Andrews,and Newnam,Inc.(LAN)of Corpus Christi,Texas in the amount of$537,441 for Greenwood Wastewater Treatment Plant(WWTP)Electrical Improvements to Ultraviolet(UV)System for design,bid,and construction Abase services.(Capital Details Reports Improvement Program-CIP) File 9: 16-OO68 Version: 1 Mover: Rudy Garza Seconder: Debbie Lindsey-Opel Type: Motion Result: Pass Fiie created: 11/16/2017 Agenda note: On agenda: 1/9/2018 Minutes note: Engineering Design( Action: passed Title: Motion authorizing tt Christi,Texas in the i Action text: This Motion was passed on the consent agenda. design,bid,and torts Consent Votes(9:0) Sponsors: Engineering Services 9 records Group Export 1.Agenda Memo,2. Vote Attachments: on r -Greenwoo person Name Aye History(2) Text ]oe McComb 2 records Group Export Rudy Garza Aye Aye Paulette Guajardo Date Ver. Action By Aye 1/16/2018 1 City CAUnCil Michael Hunter Debbie Lindsey-Opel Aye 1/9/2018 1 City council Aye Ben Molina A­ l sir„Riihin �..__. ,.. ...... acn>t''ln='17A4756&GU4D=5964AB61-7A46-48FF-809D-8197E4AOFFF6&Options=&Search= 3/19/2018 + Xf HIB rfriS File# 16-0243 City of Corpus Christi-Action Details CITY OF Details Corpus ChrIC File#: 16.0203 Version: l Type: Resolution Title: Resolution authorizing the purchase of an Eco-Filter System for the Greenwood Wastewater Treatment City Name Legislation Calendar Plant Emmissions and Odor Control Improvement Project Resolution authorizing the City Manager or designee to purchase an EccFilter System from BioAir Solutions,LLC,of Voorhees Township,New Jersey,for a totai cost of$257,740 for the Greenwood Wastewater Treatment Plant Emissions and Odor Control Improvement Project. Details Reports Mover: Lillian Riojas Seconder. Study Garza File#: 16-6203 Version: 1 Type; Resolution Result: Pass Fite created: 2/5/2016 Agenda note: On agenda: 2/1612016 Minutes nate: Resolution authonzin Action: passed Title: Project Resolution at, Action text: This Resolution was passed on the Consent Agenda. Jersey,for a total co: Consent Votes(6:1) Sponsors: Wag rWag r U�Rs3C y records Group Export Attachments: 1.6genda Memo 8i — ,vats, Person Name History(2) Tem Nelda Martinez Aye 2 records Group Export Rudy Garza Aye Date Ver, Action By Chad Magill Aye 2/23/2016 1 City Council Colleen McIntyre Absent 2/16/2016 1 City Council Ulian Riojas Aye Lucy Rubio Aye Brian Rosas Aye ncnv7ln=9SRgR1nfLGlJID=106B2518-63F3-4F78-B8EC-6C2B96BF4673&Options=IDITextl&Search=Greenwo 3119/2018 C&Xff HJB rTirie File#: 16-0491 5�4o Di City of Corpus Christi-Action Details CITY OF Details Corpus ChriC. File#: 16-0491 Version: I Type: Modon Tide: Engineering construction contract for the Greenwood Wastewater Treatment Plant Emissions and Odor City Home _Legislation 1Calendar Control Improvements Motion authorizing the City Manager or designee to execute a construction contract with].S.Haren Company of Athens,Tennessee in the amount of$207,000 for the Greenwood Wastewater Treatment Plant Emissions&Odor Control Improvements project for the Base Bid. Details Reports Mover: Rudy Garza Seconder: Chad Magill File#: 16-0491 Version: 1 Result: Pass Type: Motion Agenda note: File created: 4/2912016 Minutes note: On agenda: 5/1712016 Action: passed Engineering eonstruc Action text: This Motion was passed on the Consent Agenda. Title: Manager or designee Consent Votes t5fi} Wastewater Treatme Sponsors: Eng ring.Services 9 records Group Export Vote 1.Agenda M Person Name Attachments: r;raenyrood WWTP 12 Nelda Martinez Aye History{2) Tart Rudy Garza Aye 2records Group Export Michael Hunter Aye Date Ver. Action By Chad Magill Aye 5/24/2016 1 City Council Colleen McIntyre Aye 5/1712016 1 City Council Lucy Rubio Aye Brian Rosas Aye Mark Scott Aye httrs-llr-nr--,hriOi 1Pnicfar rnmll anisintionDetall.asDx?ID=2715833&GUID=8503584C-53DB-4DOD-91 C4-6A47EQA817A3&0ptions=IDITextr&Search=Greenwr EXHIBIT B PROJECT BUDGET GREENWOOD WASTEWATER TREATMENT PLANT EMISSIONS & ODOR CONTROL IMPROVEMENTS FUNDS AVAILABLE: Wastewater CIP......................................................................................................... $2,204,800 FUNDS REQUIRED: Construction: Construction (J.S. Haren Company) THIS ITEM............................................................. 207,000 Construction Contingency (10%).................................................................................... 20,700 *Purchase of EcoFilter System (BloAir Solutions, LLC)....................................................... 257,740 Construction Inspection & Testing: Construction Inspection Estimate (TBD).......................................................................... $25,000 Construction Materials Testing Estimate (TBD)................................................................. $20,000 Desi n: Design Engineer(Coym, Rehmet& Gutierrez Engineering)................................................. 175,896 'Preliminary Design (Coym, Rehmet& Gutierrez Engineering)...................... 85,954 'Engineering Design (Coym, Rehmet& Gutierrez Engineering)..................... 89,942 Reimbursements: TotalReimbursements:......................................................................................... ....... 82,168 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)....... 33,072 Engineering Services (Project Mgmt/Constr Mgmt)....................................... 44,096 Misc.................................................................................................... 5,000 TOTAL.................................................................................................................... $788.504 PROJECT BUDGET BALANCE.................................................................................... $1,416,296 *Equipment Purchase approved by City Council on February 23, 2016 by Resolution No. 030773 "* Preliminary Design contract approved by City Council on June 25, 2013 by Motion No. M2013-104 —Engineering Design contract approved by City Council on September 29,2015 by Motion No. 2015-113 EXHIBIT B Project#11 Construction of Buena Vida Senior Village Apartments EXHIBIT B Gap Creds 10%Increase LIHTCAmt App App Direct Died Const. Original Eligible Acquisition Original Original New Credo eased on Based on l0 Increase in Final Total Percent TDHCA# Development Name Awarded Sitework Sitework Const Cost Cost Basis Boost Fradion Basis Syndication Gap Syndication to%Incr inCwt Incr in Cwt, C-b, Allocation Allocation Increase 0]293 Morningstar Villas $385,100 336500 336500 1,765,104 1,725,692 $ 3,592,333 130% 9692% $ 08699 $ 3448814 08999 $425669 $405,699 $210,160 $20,599 $405,699 535% 07294 Grove at Brushy Creek $506,036 432,000 432,000 2,692,591 2,831,149 5,263,125 130% 9750% $ 08499 4,300,881 08999 $563,419 512,630 $312,459 $6,594 $512,630 130% 07295 Bluestone $]58,354684,000 684000 4,010,840 3,886,422 ],446219 130% 9572% $ 08499 6498668 09099 $874,391 ]65844 $469,484 $7,490 $]65844 099% 07300 Wentwodh Apadments $907,000 666,000 666,020 5545000 5,480,333 $ 9,395,823 130% 1000G% $ 09099 $ 86]5 140 08098 $1,155,210 $1,147,914 $621,100 $240,914 $1,14],914 2656% 0]306 Zion Vllage AAadment, $541928 250,928 250,928 2,9]3,944 2,551993 $ 5,108,908130% 10000% $ 088% $ 4,945,247 08357 $622,969 $625,310 $280,292 $81041 $622,969 1495% 07309 Glenwood Trails $942,1]6 1021,856 1021,856 5,824,217 OW2932 10,]14,911 130% 1 G DO% $ 08699 8,535,563 0]849 $1315,259 1,1]4,661 $68460] $232,485 $11]4,661 24 fib% 07310 Gardensat Friendswocd Lakes $1000,000 1085724 1085724 5,383,9]8 5,138,394 $ 9,994,77] 130% 1 1 G M% $ 0W98 $ 9,463,445 09349 $1226,896 $1095,968 1 $638970 $95,968 $1095,968 D. 08091 St oneLeaf at DalhaT $68],95] 543,000 543,000 3]42,1]5 3,694,859 6,618,379 130% 10000% $ 08499 5847,052 08000 $812,917 $]84445 $428,518 $96488 $]84446 1403% 08092 Key Wesl Wllege Phase 11 $237,938 187,500 187,500 1,645000 1,653,574 $ 2,785,825 100% 100.00% $ 08991 $ 2,220,059 07492 $26],21] $320,]62 $183250 $29,279 $26],21] 1231% 08093 San Juan Square 11 $1206000 500,000 500,000 6,60],369 8,19],323 15,089,106 130% 9583% $ 09498 11]36,843 08949 $1 T/0,41] $1413,2]9 $918]3] $213,279 $1413,2]9 17J7% 08094 Sunset Terrace $975,319 900,000 900,000 4,8]3,12] 4,869,080 893],805 130% 10000% $ 08]99 8,581948 09319 $109],681 $982,652 $ST/,313 $]533 $982,852 077% 08096 Villas on Redord $1,200,000 845,826 845,826 8424004 ],818466 $ 15,009,820 100% 9545% $ 09299 $ 12,000,003 08200 $1,369,155 $1,5]6452 $926,983 $169,155 $1,369,155 1410% OB101 Jackson WINO,Retirement Center $881,320 861,000 861,000 4,300,000 4,012,088 $ 8,529,392 130% 9571%$ 08250 $ 7,268,832 07799 $999,553 $998,168 $516,100 $116,848 $998,168 1326% Balm Brookhollow Manor $204,]59 185,156 111865 905,]40 989,951 $ 1862,842 100% 10000% $ 14019]6 06500 $ 1]88,909 0]499 $22]342 $253,23] $110,182 $22,583 $22]342 1183% 08126 South fres Ranch $1200,000 710945 710945 ]3]0,055 7,585,341 $ 12,189,543 130% 9624% $ 0B500 $ 10,]25,]03 0]842 $1442,656 $14]0,809 $808,600 $242,656 $1442,656 2022% 0812BI0726819 6032 M,dTowne Apt $280,619 307,300 304936 1,209,450 1,254692 $ 2,2]],309 130% 100 DO% $ 966,354 08199 $ 2,470,886 0]449 $314,]8] $ 352,632 $155963 $34,168 $314,]8] 1218% 08129 AdeV to Apt, $312,199 211,2]5 403,106 1,504,475 1,335,910 $ 2,634,116 130% 100.00% $ 839,699 08200 $ 2,865,709 07551 $353,652 $ 402,562 $173,902 $41,453 $353,6521328% 08133 Timber Creek Senior Living $1116255 1075,000 10]5,000 5,519,5DO 0270,398 $ 10,729,529 130% 9567% $ 0B250 $ 9,28],18] 0]]99 $125]81] $12]5,33] $659,450 $147,561 $125]81] 1329% 08135 Gardensat Clearwater $]6086] ]1],200 ]1],200 3,992,200 3,837,538 $ ],13],591 130% 10000% $ 08400 $ 6,46],23] 07499 $8]],483 $ 925,183 $470,940 $116,616 $871,483 1533% 08138 R-,Place AAts $994242 895,500 895,500 5,389,200 5518661 $ 9,374231 130% 10080% $ 08300 $ 8260,714 07499 $1,153347 $1,185,343 $628,470 $159,105 $1,153,347 1600% 08140 Premier on Woodfair' $1,200,000 61],8]0 742,770 8538,649 8481,828 $ 12,118302 130% 9424% $ 08000 $ 9,648,616 0 754 $1,414,375 $1,400,283 $922,450 $200,283 $1,400,283 1669% 08142 Anson Park Seniors $]]6,637 720,000 720,000 3,993,040 3,843,331 $ 7197]45 130% 1 G DO% $ 08450 $ 6,567]09 07499 $884,554 $ 938629 $471304 $10],91] $884554 1390% 08150 Oak ManorlOak tallage Afds $1,206000 2,058710 2,058]10 6,199,205 6,324,203 $ 14,682,]9] 130% 10000% $ 4462,]30 0BODO $ 12,385,049 08800 $1,951,]60 $1,502,652 $838291 $302,652 $1,502,652 2522% 08151 Ped,view T.D.. $985000 889,500 889,500 4,863,000 4,981,338 $ 9,108,035 130% 10080% $ 08400 $ 8499,996 07399 $1,117,413 $1,226,50] $575,250 $132,413 $1,117,413 1344% 08158 Villas at B-umont $376,000 308,500 308,500 1619,924 1556,861 $ 3,478,236 13D% 10000% $ 08400 $ 3,207,411 07199 $424,309 $ 472,304 $192842 $48,309 $424,309 1285% 08160 1T,,Pelmas $1,200,000 1,486000 1,48D,ODG 89060DO %MJ46 $ 14427,040 100% 100.DO% $ 0W02 $ 11,660,540 09002 $1,391,908 $1,387]90 $1,038600 $187790 $1,387792 1565% 08163 San Eh-G.Palms $748456 715,000 715,000 4226000 4,306,700 $ 6,919,900 130% 10000% $ 07800 $ 59D59D0 07800 $854043 $ 826436 $493,500 $71,980 $826436 962% 08174 Oakleaf Estates $]36,]82 716,000 1 716,000 3,841,000 3,875,914 $ 6978899 130% 10080% $ 08200 $ 6,041,392 0]]99 $857544 $ 833,044 $455,700 $96262 $833044 1307% 08176 Maeghan Pointe $1,083,920 720,000 720,000 5,976,000 6,401,182 $ 16268,281 130% 1000G% $ 09000 $ 9,906805 07750 $1,261,653 $1,363,998 $669,600 $177733 $1,261,653 1640% 08182 S-,c Apt $359,146 512,874 565,763 1,463,826 1,416937 $ 3,215,086 100% 100 DO% $ 2,581,721 08200 $ 3,973,395 G 749 $398,799 $ 556,216 $19],6]0 $39,653 $398,799 1184% 08184 Washington Hotel Lofts $396225 73,200 75,200 2,243,000 2,235000 $ 4,598,895 100% 10000% $ 537,600 08299 $ 3330,555 08299 $453777 $ 429,157 $231,020 $38,932 $429,157 998% 08193 Sphinx at Rei Senior $1,200,000 1,169,350 1,169,350 6,558,174 6,080,800 $ 12,29554] 130% 10000% $ 08200 $ 9,940,073 0B200 $1,508,127 $1,306442 $772,752 $106442 $1,306,442 887% 08195 Chateau Village Apt $1093,892 348,148 207,000 5,431851 5,523,000 $ 8,399,416 130% 10000% $ 5,222,837 08600 $ 16550,162 08448 $1219,712 $1316,613 $573,000 $125,820 $1219,712 1150% 08198 Highland Manor $1,200,000 1,19,000 1,127,000 7,426,700 1 7,162,163 $ 12,627,213 130% 9451% $ 08200 $ 10,335,6351 073% $1,469,100 $1,512,449 $855,370 $269,100 $1,469,100 2242% 08200 Ingram Square Apt $752,115 324,704 286519 3,025,497 3,065,032 $ 5,909,311 130% 10000% $ 3,400,000 08850 $ 6,9]8,98] a 789 $842,261 $ 925,943 $335,235 $96145 $842,261 1199% 08201 IR,4 Huntington Arms $367559 212,000 214,500 1,515734 1,513234 $ 3,209,724 130% 1 10080% $ 635,965 08400 $ 3087,190 07449 $413664 $ 437,623 $172,773 $46105 $413,664 1254% 08205 Wind R-, $1188,738 649,668 1172,925 5,253129 5,167,955 $ 10,261,503 130% 10000% $ 2,881]52 08700 $ 10,691,169 07500 $1359,966 $1510,034 $634,088 $1]1228 $1359,966 1440% 08207 Carpenter's Point $1200,000 896,271 1 896,271 6,869,069 6,416,355 $ 11,381,781 130% 10080% $ 08000 $ 10,288,496 07500 $1401,556 $1475,337 $776,534 $201556 $1401,556 1680% 08216 Chisum Tmil AAts $133,940 63,110 63,110 546900 534,750 $ 1,084016 100% 10880% $ 1,265748 08500 $ 1,139,021 07499 $147,876 $ 159,857 $59,786 $13,936 $147,876 1040% 08223 Evergreen at The Colony $1,200,000 1,553244 1,553244 ],9]2,149 ],324,]41 $ 14971,354 100% 10000% $ 08200 $ 10,974,002 08200 $1,433,150 $1,454456 $952,539 $233,150 $1,433,150 1943% 08232 Sakowi2 Apt $740,419 245,400 245,400 3,301015 3,635,488 $ 6,845,587 130% 10080% $ 08300 $ 6,145000 076% $832,851 $ 844194 $354642 $92,432 $832,851 1248% 08233 H eidage Pad,Vista $1,106,616 1,250,000 1,250,000 6994000 6,905,421 $ 13834,900 100% 96.14% $ 08500 $ 10,989,700 07799 $1,268,392 $1,514,780 $824,400 $161,776 $1,268392 1462% 08235 Buena Vida Senior Wllage $857951 565000 565000 4,955,000 4556 G17 $ ],932,238 130% 10080% $ 0]999 $ 6,92],]35 0]999 $974,107 $ 929,969 $511,502 $72,G18 $929,969 839% 08251 HomeT.-on Wayside $956000 1,135050 1,135,050 6,651,810 6,4]84]3 $ 16405260 13D% 9562% $ 08500 $ 8]5],071 0]499 $1,231,130 $1,271,561 $T/8686 $281,130 $1,231,130 29.59% 08253 Creekside Villas Senior Village $1206000 2,201,130 2,201,130 7441000 80]6,437 $ 14,794,652 100% 10020% $ 08460 $ 10,106]83 0]698 $1418,298 $1438,0]9 $964,213 $218,298 $1418,298 1819% 08254 Montgomery Meadows Ph..W $49899] 360,000 368000 2,430,000 2479,343 $ 4,613,506 130% 10000% $ 08200 $ 4181,952 0 765 $564,890 $ 583,131 $279,000 $65,893 $564,890 1321% 0825]10]263 Constitution Coud $947,423 816000 810,000 I 6566000 1 6,404,782 1$ 11,387,300 1 100% 1 10080% $ 08200 1$ 8189,000 1 0]]49 1 $1,091,187 $1,151,85]1 $]3],000 1 $143764 1 $1,091,18] 1517% EXHIBIT B Project #12 New Los Encinos Elementary School 6/1/2018 New Los Encinos elementary opefTSTts do PKRIS1'C/.com I Continuous News Coverage Corpus Christi w New Los Encinos elementary opens its doors Posted:Sep 05,2017 7:46 AM CDT Updated:Sep 05,2017 7:46 AM CDT By Roland Rodriguez CORPUS CHRISTI- .x ;1P I. v When school starts some CCISD students at Los Encinos Elementary probably won't believe their eyes.That's because they finally have a brand new school. Thanks to Hurricane Harvey students are starting the school year a week later. But it does not mean students and teachers are still not excited. http://www.kristv.com/story/36290289/new-los-encinos-elementary-opens-its-doors 1/2 6/1/2018 New Los Encinos elementary opefTSTts do PKRIS1'C/.com I Continuous News Coverage Corpus Christi There's nothing like the feeling of getting ready for your first day of school,especially when you have a new building. "We are absolutely thrilled about finally being able to welcome our new students on the first day of school,"said Los Encinos Principle Christine Sierra. The new elementary cost the district around$22.8 million to build.It's part of a$100- million bond package passed by voters in 2014. "The original Los Encinos campus was built in 1963. It opened up in August of 63 so moving into this brand newfacility with bigger classrooms,and bigger work space for all of our employees,as well as our students has been a long time coming. It isjust a total upgrade,and we are very grateful,and it's going to give every child here an opportunity to be successful,"said Sierra. The building includes a new gym,art room,music room,and all classrooms are set up with new technology. "The biggest highlights regarding classroom instruction are the Smart Televisions.They are 60 inch televisions,and those,in itself,are extremely up-to-date.So our teachers are so excited to use them,even the kids will be able to use them.They are touchscreen,and they can also use the pen on them,"said Sierra. This campus is built to hold 700 students and currently there are approximately 370 students. So they have room to grow. http://www.kristv.com/story/36290289/new-los-encinos-elementary-opens-its-doors 2/2 EXHIBIT B Project #13 Moody High School Roof Replacement EXHIBIT B BOARD OF TRUSTEES CORPUS CHRISTI INDEPENDENT SCHOOL DISTRICT CORPUS CHRISTI, TEXAS SUBJECT: CONSENT AGENDA DATE: July 25, 2016 PRESENTED BY: Mr. R. Xavier Gonzalez Chief Administrative Officer CONSENT ITEMS 1. APPROVAL OF AMENDED CONTRACTUAL AGREEMENT WITH RIO ROOFING, INC., FOR THE 2014 BOND ROOF REPLACEMENT AT MOODY HIGH SCHOOL BACKGROUND: The Office of Business Services, Xavier Gonzalez, Chief Administrative Officer, and the Office of the Superintendent, John Dibala, Construction Project Manager, are requesting approval of an amended contractual agreement for the 2014 Bond roof replacement at Moody High School. On April 25, 2016, the Board of Trustees approved the agreement with Rio Roofing, Inc., for the 2014 Bond roof replacement at Moody High School. The negotiated contract amount was $2,726,800. SUPPORTING DATA: The additional scope includes replacement of damaged/wet insulation under roof membrane. The contract sum will be increased by $124,998, for a new total of $2,851,798. FUNDING SOURCE: Bond Series 2014 ($124,998 increase) EVALUATION: The Board of Trustees must approve any changes to the original construction contract through the amendment process. ADMINISTRATIVE RECOMMENDATION: It is recommended that the Board of Trustees approve the amended contractual agreement with Rio Roofing, Inc., for the 2014 Bond roof replacement at Moody High School for a new total of $2,851,798. EXHIBIT B Project #14 Street and Sidewalk Improvements to Gollihar Rd. Project #15 Street and Sidewalk Improvements to Frio/Dorado/Hacala Street Corridor EXHIBIT B PROPOSITION 1 -STREETS # STREETS(ARTERIAL AND COLLECTORS) LIMITS DISTRICT COST CUMULATIVE DISTRICT 1 1 LEOPARD ST PALM DR NUECES BAY BLVD 1 $ 3,100,000 2 CALALLEN DR RED BIRD LN BURNING TREE LN 1 $ 1,100,000 3 CALLICOATTE RD UP RIVER RD IH 37 1 $ 900,000 4 BEACH AVE DEAD END AT GULFBREEZE ECAUSEWAY BLVD 1 $ 800,000 5 NORTH BEACH ACCESS MGMNT INITIATIVE LIMITS(TBD-pending ongoing study) 1 $ 2,000,000 $ 7,900,000 $ 7,900,000 DH$TRIGT2 5 S STAPLES ST KOSTORYZ RD BALDWIN BLVD 2 $ 6,500,000 6 BRAWNER PKWY KOSTORYZ RD CARROLL LN 2 $ 3,000,000 7 SWANTNER DR TEXAN TR INDIANAAVE 2 $ 2,500,000 $ 12,000,000 $ 19,900,000 DISTRICT 3 9 EVERHART RD S PADRE ISLAND DR HOLLY RD 3 $ 5,300,000 10 GOLLIHAR RD CROSSTOWN EXPWY GREENWOOD DR 3 $ 3,750,000 11 FRIO ST/DORADO ST/HACALA CORRIDOR GREENWOOD DR MARTIN ST 3 $ 1,600,000 $ 10,650,000 $ 30,550,000 DISTRICT 4 12 LAGUNA SHORES RD S PADRE ISLAND DR GRAHAM RD 4 $ 2,100,000 13 LAGUNA SHORES RD HUSTLIN'HORNET DR CARIBBEAN DR 4 $ 2,800,000 14 HOLLY RD PAUL JONES AVE RODD FIELD RD 4 $ 3,000,000 $ 7,900,000 $ 38,450,000 DISTRICT 5 15 SLOUGH RD RODD FIELD RD EAST TO DEAD END 5 $ 2,100,000 16 LIPES BLVD YORKTOWN BLVD STAPLES ST 5 $ 2,900,000 17 WOOLDRIDGE RD CASCADE DR EVERHART RD 5 $ 1,700,000 18 STRASBOURG DR ROM ST MARSEILLE DR 5 $ 1,500,000 $ 8,200,000 $ 46,650,000 CITYWIDE ONGOING PROJECTS 19 TXDOT PARTICIPATION/TRAFFIC CONGESTION MGMNT $ 1,250,000 20 TRAFFIC SIGNAL IMPROVEMENTS $ 1,000,000 21 STREET LIGHTING IMPROVEMENTS $ 500,000 22 ALTERNATIVE MOBILITY(CITY MATCH) $ 250,000 23 ADA IMPROVEMENTS(SPMP) $ 2,350,000 $ 5,350,000 $ 52,000,000 PROPOSITION 1 TOTAL $ 52,000,000 PROPOSITION 2-ADDITIONAL STREETS # STREETS(ARTERIAL AND COLLECTORS) LIMITS DISTRICT COST CUMULATIVE DISTRICT 1 1 DOWNTOWN MGMNT DISTRICT IMPROVEMENTS TBD-Ongoing TIRZ No.3 study 1 $ 1,500,000 2 LEXINGTON BLVD LEOPARD ST HOPKINS 1 $ 2,500,000 $ 4,000,000 $ 4,000,000 DISTRICT 2 3 EVERHART RD S PADRE ISLAND DR McARDLE RD 2 $ 1,250,000 4 ALAMEDA ST CHAMBERLAIN ST LOUISIANA ST 2 $ 2,500,000 $ 3,750,000 $ 7,750,000 DISTRICT 3 5 MCARDLE KOSTORYZ CARROLLANE 3 $ 1,225,000 6 CASTENON TROJAN DR DELGADO 3 $ 1,000,000 7 JUNIOR BECK BEAR LANE DEAD END 3 $ 1,500,000 $ 3,725,000 $ 11,475,000 DISTRICT 4 8 PADRE ISLAND ACCESS MGMNT INITIATIVES TBD-Ongoing MPO/City Accss Mgt Study 4 $ 1,500,000 9 AIRLINE RD S PADRE ISLAND DR McARDLE DR 4 $ 2,100,000 10 LAGUNA SHORES MEDITERRANEAN DR WYN DALE ST 4 $ 2,875,000 $ 6,475,000 $ 17,950,000 DISTRICT 5 11 SOUTH OSO PKWY S STAPLES ST S OSO PKWY 5 $ 450,000 12 LONGMEADOW DR ST ANDREWS DR HUNT DR 5 $ 1,600,000 $ 2,050,000 $ 20,000,000 ALL DISTRICTS 13 DEVELOPER PARTICIPATION All $ 2,000,000 $ 2,000,000 $ 22,000,000 PROPOSITION 2 TOTAL Is 22,000,000 PROPOSITION 3-PUBLIC SAFETY&FACILITIES 1 POLICE DEPT COMMUNICATION SYSTEM UPGRADE $ 2,400,000 2 FLOUR BLUFF POLICE SUBSTATION ALTERATIONS/EXPANSION $ 800,000 3 FIRE DEPARTMENT EMERGENCY POWER UPGRADES $ 300,000 4 FIRE DEPARTMENT DRIVEWAY AND APPARATUS BAY IMPROVEMENTS $ 900,000 $ 4,400,000 5 PARKING RENOVATIONS AND UPGRADES $ 2,000,000 6 MECHANICAL,ELECTRICALAND FIRE ALARM UPGRADE PROJECTS $ 4,100,000 7 ROOF REPLACEMENTAND UPGRADE PROJECTS $ 4,950,000 8 ADA BUILDING IMPROVEMENTS PROJECT $ 750,000 9 ELEVATOR MODERNIZATION AND UPGRADES $ 1,500,000 10 INTERIOR/EXTERIOR UPGRADES $ 1,800,000 $ 15,100,000 11 PARKS&RECREATION AND SENIOR CENTER PARTICIPATION PROJECT $ 750,000 12 PARK SYSTEM PLAYGROUND IMPROVEMENT PROJECTS $ 750,000 13 SPORTS FIELD AND LIGHTING SYSTEM IMPROVEMENTS PROJECTS $ 1,000,000 $ 2,500,000 $ 22,000,000 PROPOSITION 3 TOTAL Is 22,000,000 * Street projects do not include utility costs(typically 1:1 match). Grand Total 1 $ 96,000,000 EXHIBIT B Project#16 SH 358 (South Padre Island Drive) Reconstruction (TX DOT) EXHIBIT B SH 358 RECONSTRUCTION CORPUS CHRISTI DISTRIC16 PROJECT OVERVIEW Location Project History A portion of SH 358,also known as A substantial reconstruction of SH 358 South Padre Island Drive(SPID),is being from Ayers Street to Nile Road was reconstructed within the city limits of approved through an environmental Corpus Christi in Nueces County.The 15- study completed in July 2005.Shortly Project Location mile project begins north of Leopard thereafter,Bay,Ltd.was selected Street and continues tojust east of Flour through a competitive bidding process to g"a Bluff Drive,with the most significant construct initial improvements on the ro.`„$Fo improvements occurring between Ayers Street and Nile Road. north side of SH 358.These were i c PUS finished in January 2011,and have i sn e Project Need resulted in increased safety and mobility � a a Improvements are necessary to enhance for vehicles traveling westbound.The current SH 358 mainlane and frontage user safety and improve mobility along SH 358,specifically addressing the road improvements will complete following issues: reconstruction efforts for the south s ¢ (eastbound)side of this heavily-traveled s. Conflicts between vehicles merging to corridor.Bay,Ltd.will construct the ws and from the eastbound mainlanes improvements,while AIA Engineers,Ltd. and frontage roads,resulting in will oversee construction activities. reduced travel speeds and increased potential for crashes. Project Features Limited space on the eastbound Widening and construction of auxiliary, frontage roads to handle vehicles or"merge"lanes on the eastbound �\ exiting the freeway,resulting in mainlanes and frontage road- IN intersection backups onto the Eastbound entrance/exit ramp mainlanes. reversals and reconstruction- Out-of-sync traffic signals and Median barrier improvements. deteriorating sidewalks along the eastbound frontage road. ' Traffic signal and sidewalk improvements. Outdated Intelligent Transportation Safety lighting and ITS improvements. System(ITS)technology and lighting. SH 358 RECONSTRUCTION I CORPUS CHRISTI DISTRICT PHASES SH 358 AT A GLANCE Major East-West Corridor Reconstruction Overview • Remove existing mainlane(ML)median barrier,reconstruct inside SH 358 is an urban freeway located within The current reconstruction project will shoulders,and add temporary median barrier between Ayers Street and a significantly developed area of Corpus address growing safety,mobility,and design Airline Road. Widen eastbound(EB)frontage road(FR)west of Kostoryz Road. Christi.It is one of the most heavily issues along SH 358 from north of Leopard traveled corridors in the TxDOT Corpus Street to just east of Flour Bluff Drive,and Summer 2018-Spring 2019 Christi District,serving commuters, will include the following improvements: businesses,and governmental entities • Replace off-ramp from EB MI-to Kostoryz Road and Carroll Lane. Including: • Widen and construct new auxiliary,or • Widen EB FR pavement and construct sidewalks in segments. "merge"lanes on the eastbound(EB) Corpus Christi Naval Air Station. mainlanes(ML)and frontage road(FR) Corpus Christi Medical Center. between Ayers Street and Nile Road to Widen EB ML bridge to four lanes at Kostoryz Road and Carroll Lane. allow drivers entering and exiting the • Widen EB ML pavement and reconstruct EB ML/FR median between • Corpus Christi and West Oso highway to safely merge with other traffic. Everhart Road and S.Staples Street. Independent School District Campuses. • Widen EB FR pavement and construct sidewalks between S.Staples Street • Reconstruct several EB entrance and exit and Airline Road. • Manufacturing and distribution facilities ramps between Ayers Street and Nile such as Coca-Cola and Fed Ex. Road,including"reversing ramps" N-OReconstruct on-ramp from Kostoryz Road to EB ML. ' Numerous retail developments and between Weber Road and South Staples • Widen EB ML bridge to four lanes at Weber Road,Everhart Road,and S. restaurants. Street to reduce traffic backups from Staples street. intersections onto the ML. Traffic Volume and Incidents 5 Summer 2020 Improve lighting and reconstruct existing • Reconstruct ML and shoulders and median barrier between Ayers Street ' Average annual daily traffic ranged from ML median barrier between Ayers Street Carroll Lane. 157,000 to 166,000 between Ayers and Nile Road to enhance safety. • Construct temporary off-ramp from eastbound ML to Everhart Road. Street and Nile Road In 2016. • Ramp reversal between Everhart Road and S.Staples Street. • Average annual daily traffic is projected ' Construct new sidewalks between Ayers IIIIIII to increase to 223,770 in 2035, Street and Nile Road to improve safety representing nearly a 40%increase. and access for bicyclists and pedestrians. • Ramp reversal between Weber Road and Everhart Road. Approximately 1,143 crashes occurred • Improve traffic signal timing and • Widen EB ML pavement and reconstruct EB ML/FR median between Everhart Road and S.Staples street. in 2016connectivity along the eastbound frontage • Reconstruct MI-shoulders and median barrier between Carroll Lane and road to increase mobility. Weber Road. PROJECT INFORMATION Reconstruct off-ramp from EB ML to Airline Road. (361)857-3084 Improve Intelligent Transportation Fall 2021 www.txdot.gov,keyword search Systems(ITS)along the entire corridor to 1 ML shouSH 358 Reconstruction" provide drivers and - • Reconstruct lders and median barriers. emergency responders Rehabilitate pavement at EB ML bridges and overlay EB ML pavement. CORPUS CHRISTI DISTRICT with accurate,up-to-the- Mill and overlay EB FR pavement. Rickey Dailey,TxDOT Media Contact minute traffic information- Texas Place pavement markings. (361)808-2300 40ofDe sporta,_ EXHIBIT B Project #17 Del Mar College West Campus Workforce Dev. Center & Emerging Tech. 6/1/2018 Del IVP's ell tj2"WoYkfAe Development Center MENU ti } - Awl PROJECT/PROGRAM LOCATION College Campus: Del Mar College's West Campus located at Old Brownsville Rd., Corpus Christi, TX 02:10 PROJECT SIZE Current Building Area: The new Space Program will be approximately 48,000 Gross Square Feet (GS F). GSF/USF: GSF includes both the Space Program noted below, as well as Unassignable Square Feet (USF) for service areas such as corridors, mechanical/electrical rooms,janitorial rooms, https://www.delmar.edu/regents-and-community/bond-2014/workforce.html 1/3 6/1/2018 Del Vgt'a e�j2"VNoYAe Development Center Base Bid: $12,600,000 Alternate Bid Total: $702,000 Total: $13,302,000 Authorized Construction Budget Building/Sidewalks/Paving: $14,500,000 Site & Utilities Extensions: $200,000 Total Authorized Budget: $14,700,000 Surplus: $1,398,000 DOCUMENTS: CONCEPT DESIGN APPROVED BY BOARD-APRIL 12,2016 PROJECT CONSTRUCTION Space Program General: This Project will house the new Workforce Development Building. Preliminary Space Program: The preliminary space program will be provided to the Project Architect prior to fee/scope negotiations. Building Assignments New Building: Approximately 48,000 Gross Square Foot total Other Construction Sitework: Will address the current parking and general site renovations. Renovations to existing Sitework and improvements as needed. Demolition of existing Sitework and improvements as needed. Additional new sidewalks, paving, lighting and other site improvements. Additional new earth work,grading,and drainage about the Project Area. Campus Utility Systems: Modify service to building and connections to such as needed. Campus Drainage: Modify drainage of site as needed. Landscaping: New Landscaping and Irrigation systems at yard/planting areas adjacent the new facilities. PROJECTTIMELINE PROCESS DATE https://www.delmar.edu/regents-and-community/bond-2014/workforce.html 2/3 6/1/2018 Del Ugt'✓ ell tj2"VVoYkfAe Development Center Complete Construction 09/18/18 Complete Closeout 11/16/18 Full Occupancy 01/02/19 Project Architect Turner I Ramirez Architects General Contractor Weaver & Jacobs Constructors Construction Manager AGICM Page last updated April 5, 2018. Del Mar College I 101 Baldwin Blvd I Corpus Christi, TX 78404 (361) 698-1200 I 1 (800) 652-3357 f © in © 2018 Del Mar College Legal Statements Student Right to Know Online Institutional Resume Jobs at DMC Have a Question? Library En Espanol Locations Public Notices Texas Veterans Portal Report Campus Crime Title IX Reporting Counseling Services Download Adobe Reader https://www.delmar.edu/regents-and-community/bond-2014/workforce.html 3/3 6/1/2018 Del Mme,IdJ 4MArgp Technology Expansion EMERGING TECHNOLOGY EXPANSION MENU � a _ 1f ; * _ PROJECT/PROGRAM LOCATION: Del Mar College's West Campus located at Old Brownsville Rd., Corpus Christi, TX PROJECT SIZE: Current Building Area: The new Space Program will be approximately 27,041 Gross Square Feet (GSF). GSF/USF: GSF includes both the Space Program noted below, as well as Unassignable Square Feet (USF) for service areas such as corridors, mechanical/electrical rooms,janitorial rooms, walls, partitions and chases. PROJECT BUDGET Base Bid: $8,068,000 Alternate Bid Total: $300,500 Total: $8,368,500 Authorized Construction Budget Building/Sidewalks/Paving: $8,600,000 https://www.delmar.edu/regents-and-community/bond-2014/emerging.html 1/3 6/1/2018 Del Mme,I1 J Wgq Technology Expansion UtRity Kelocailon/txtenslons: z>lUU,uuu Total Authorized Budget: $8,847,000 PROJECT CONSTRUCTION Space Program General: This Project will house general academic and technology programs. Preliminary Space Program: The preliminary space program will be provided to the Project Architect prior to fee/scope negotiations. BUILDING ASSIGNMENTS New Building: Approximately 27,041 Gross Square Foot total OTHER CONSTRUCTION Sitework: Will address the current parking and general site renovations. Additional new sidewalks, paving, lighting and other site improvements. Additional new earthwork, grading,and drainage about the Project Area. Demolition of existing Sitework and improvements as needed. Renovations to existing Sitework and improvements as needed. Campus Utility Systems: Modify service to building and connections to such as needed. Campus Drainage: Modify drainage of site as needed. DOCUMENTS: Concept Design Approved by Board - June 14, 2016 PROJECT TIMELINE PROCESS DATE Board Award Construction 05/09/17 Contract Notice to Proceed - Begin 05/30/17 Construction Complete Construction 09/14/18 Complete Closeout 10/28/18 Full Occupancy 01/02/19 Project Architect Gignac Architects General Contractor https://www.delmar.edu/regents-and-community/bond-2014/emerging.html 2/3 6/1/2018 Del Mme,IdJ 4M1gq Technology Expansion vvedver a %Jd(-UUb %—UF1buucwrs Construction Manager AGICM Page last updated April 5, 2018. Del Mar College I 101 Baldwin Blvd I Corpus Christi, TX 78404 (361) 698-1200 I 1 (800) 652-3357 f O " in © 2018 Del Mar College Legal Statements Student Right to Know Online Institutional Resume Jobs at DMC Have a Question? Library En Espanol Locations Public Notices Texas Veterans Portal Report Campus Crime Title IX Reporting Counseling Services Download Adobe Reader https://www.delmar.edu/regents-and-community/bond-2014/emerging.html 3/3 EXHIBIT B Project#18 New Fairfield Inn &Suites Under Construction EXHIBIT B Project#19 Proposed new multifamily affordable housing 6/1/2018 Corpus Christi a�o�As'tWis'rielu,d'Tt'e redone,affordable housing units Corpus Christi approves two new, one redone, affordable housing units for District 3 Julie Garcia,Corpus Christi Caller-Times Published 6:04 p.m.CT Feb.20,2018 Two new,and one reconstructed,affordable housing projects have been approved for Corpus Christi, bringing r_, the number to 46 such complexes in the city. The Village at Greenwood,6018 Greenwood Drive,and Avanti at Greenwood,6102 Greenwood Drive,will have about 81 apartments each. Sixty-nine of the Village apartments will serve families at or below 60 percent of the area's median income;73 (Photo:Contributed/CityofCorpus ofAvanti's apartments will serve low-income(60 percent)families. Christi) Casa de Manana Apartment Project,4702 Old Brownsville Road,will be demolished and rebuilt.The new complex will have 99 apartments,according to a city presentation. All three will be in the city's District 3.The developer is TG 110, Inc.,a San Antonio-based company. The district's council member, Lucy Rubio,spoke in favor of the new housing units at last week's council meeting. RELATED: City considers fixes for affordable housing shortage(/story/news/local/2017/02/21/council-talk-special-election-affordable- housing/98150542/) "Well, I'm super excited that they're all in District 3. Like I've said, District 3 is open for business,"Rubio said."It's in my area; I live by there.This land has been vacant a long time.We need it there." Los Encinos Elementary,on Frio Street,opened its doors at the beginning of the school year. Rubio said she's excited to welcome more families to the area. "We have a need because of Hillcrest(neighborhood relocation)having to find homes.Those families need homes," Rubio said. According to a city map of affordable housing for multifamily use, District 3 has 12 affordable housing complexes already. https://www.caller.com/story/news/local/2018/02/20/corpus-christi-approves-two-new-one-redone-affordable-housing-units-district-3/355619002/ 1/3 6/1/2018 Cnrnim Christi aEXr)x HJAhs'rfaT BI-rarinna affordable housing units ..ate. Rachel Denny Clow/Caller-Times The grand opening of the Woodland Creek Apartments was Friday.First built in 1981,the affordable housing complete has been rebuilt.(Photo:Rachel Denny Clow) Affordable housing,defined by the U.S. Department of Housing and Urban Development, is deemed affordable to those with a median income household as rated by local income guidelines,said Rudy Bentancourt,director of housing and community development for Corpus Christi,in an email. The new development projects are not"Section 8"housing,which is a voucher program which authorizes the payment of rental housing assistance to private landlords on behalf of low-income households, Bentancourt said. District 1 council member Carolyn Vaughn and council member at-large Paulette Guajardo questioned whether nearby residents had been notified of the affordable housing complexes. The area where the new development projects will go is already zoned for multifamily use,which means that nearby residents do not need to be notified, according to Miles Risley,city attorney. mer ...'�1 Caller-Times file Corpus Christi city officials and project stakeholders scoop dirt with shovels during the groundbreaking event for Lexington Manor,an affordable housing complex,last spring. THAT SUMMER FEELING naps://www.caiier.com/stary/news/iocai/zuioiuuzu✓corpus-cnnsti-approves-two-new iywu 2/3 F/1/7(118 Cnrniis Christi aRTS(nOAs'tin/Tria`TVJPUednna affnrrlahla hniminrn iinits Though each project required a separate resolution,all Q}j�Ove are in Corpus QhtkO/P2e ctfllexbom�#egatyffxWh means the developer would only 7 Cr Per Month' 9ps- receive tax credits for one of the complexes. source=BENBjun&utm_medium=nanobarap&utm_source=bounce- excha nge&utm_cam pa ig n=SUMMERI8) Under the Texas Department of Housing and Community Affairs Housing Tax Credit Program,tax credits and points are awarded to eligible developers to offset a portion of their federal tax liability in exchange for the production or preservation of affordable rental housing.The tax credits are not guaranteed. By the council approving the resolutions,the maximum number of points are given to the developer. BY THE NUMBERS Affordable housing for multifamily • District 1: 14 • District 2:8 • District 3: 12(plus two new) • District 4:4 • District 5:7 Source:City of Corpus Christi Twitter:@reporterjulie(https://twitter.com/repoteerjulie), Read or Share this story: http://callertim.es/2omG38L naps://www.caiier.com/story/news/iocauzu i o/uuzucorpus-cnnsti-approves-two-new-one-reuone-atroruaoie-nousing-units-aistrict-3i3000 i yuuu 3/3 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 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 Rev 04/17 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of 2 Rev 04/17 coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Rev 04/17 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22— Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies, agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 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 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 Rev 04/17 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 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 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 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 1pter6tcate Hi@hway 37 (eas 61Rd) (QFd Ne 84 4 S2, § 1 , , 6 7_1967• n11 24-379y§-4r-4 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� � v AGENDA MEMORANDUM N�ORPOBPI First Reading Ordinance for the City Council Meeting of September 11, 2018 1852 Second Reading Ordinance for the City Council Meeting of September 18, 2018 DATE: August 30, 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 Adoption of Proposed FY 2018-2019 Operating Budget CAPTION: Ordinance adopting the City of Corpus Christi operating budget for the fiscal year 2018-2019 beginning October 1, 2018; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. PURPOSE: To adopt budget for upcoming fiscal year as per charter requirement. Section 102.007(c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget. A vote under 102.007(c) is in addition to and separate from the vote to adopt the budget or the vote to set the tax rate. Therefore, a separate vote from City Council is required after each vote to adopt the budget: "Motion to ratify the property tax increase reflected in the FY 2018-2019 Operating Budget, that will raise more revenue from property taxes than in the previous fiscal year, as reflected in the adopted budget." BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. ALTERNATIVES: None. Approval of the budget is required by the City Charter. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY/ NON-EMERGENCY: This item requires two readings. The second reading will be at the regular September 18, 2018 City Council meeting. DEPARTMENTAL CLEARANCES: Office of Management and Budget FINANCIAL IMPACT: X Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2017-2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 929,084,949 929,084,949 BALANCE 929,084,949 929,084,949 Fund(s): All Operating Funds-Expenditures Comments: Total proposed expenditures are $929,084,949 and total proposed revenues are $904,187,978 which includes an increase of$7,680,380 in property tax revenues over the prior year. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: FY 2018-2019 Budget Ordinance Schedule of Amendments AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI OPERATING BUDGET FOR THE FISCAL YEAR 2018-2019 BEGINNING OCTOBER 1, 2018; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2018, and ending September 30, 2019, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $929,084,949 and estimated revenues amounting to $904,187,978 for the Fiscal Year beginning October 1, 2018, and ending September 30, 2019, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions authorized for each police officer classification in the Police Department shall be: Police officer and senior police officer - 436* Police Lieutenant - 39 Police Captain - 16 Police Commander, also known as Deputy Chief- 4 Assistant Police Chief- 3 Police Chief- 1 FY18-19 TOTAL 499 *These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 4. Firefighter Positions The number of positions authorized for each firefighter classification in the Fire Department shall be: Firefighter I - 110* Firefighter 11 —EMS — 133 Firefighter 11 — Engineer- 73 Fire Captain - 79 Battalion Chief- 13 Assistant Fire Chief- 4 Deputy Fire Chief- 1 Fire Chief- 1 FY18-19 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. 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 in this ordinance be given full force and effect for its purpose. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Mayor McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opal That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Mayor McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opal PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Attachment A - Schedule of Adiustments City of Corpus Christi Amendments to the FY 2018-2019 Proposed Budget TOTAL PROPOSED REVENUES $ 904,187,978 TOTAL PROPOSED EXPENDITURES $ 929,084,949 GENERALFUND ENTERPRISE FUNDS PROPOSED OPERATING BUDGET FY 2018-2019 ------ ------------- 0 is' Reading September ii , 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 KEY DATES -------------------- --------------------------------- (D ----------------------------------------- ------------------------- Sept. 18, 2o18 - 2nd Reading & Final Adoption of Operating Budget & Capital Budget POLICE ----------------------- 0 ------------------------------------------------------------------------------------------ BUDGET PRESENTATION 2018 - 2019 MISSION & MISSION ELEMENTS --- ---------------------------------------------------------------------------- (D ----------------------------------------------------------------------------------- ------------ Mission The mission of the Corpus Christi Police Department is to work to reduce crime, the fear of crime, and enhance public safety. Mission Elements Respond to calls for law enforcement services Investigate crime Enforce traffic laws Work with the community and other law enforcement entities to reduce crime KEY SERVICES / RELATED FTEs ------ ---------------------------------------------------------------------------- 0 ---------------------------------------------------------------------------------------------------------- Administration / 3o FTE's Criminal Investigation / 61 FTE's Narcotics/Vice / 29 FTE's Uniform / 279.5 FTE's Records / 32 FTE's Vehicle Pound / 12 FTE's Forensics / 21 FTE's Training / 7 FTE's MetroCom, Computer Support, 911 / 81.35 FTE's Criminal Intelligence / 10 FTE's Parking Control / 8.47 FTE's Building Maintenance / 2 FTE's EFFICIENCIES ------------------------------------------------------------------------------------------------------------ (D --------------------------------- ---------------------------------------------------- ; . - Planned 1. Implementation of new software at 1. Purchase/installation of new Vehicle Impound. Hiring 4 new FTE's Metrocom 911 dispatch consoles 2. Continue to enhance the video camera 2. Public Safety bond proposal for radio system around the City system 3. Continued focus on new radio system 3. Continue to issue body cameras and patrol rifles to uniformed patrol officers 4. Enhanced traffic enforcement program 4. Completion of Forensics Evidence with emphasis on aggressive driving building 5. Began construction for Forensics 5. Deployment of 8 additional sworn Evidence building officers T EMPLOYEES & REVENUE ---------------------------------------------------------------------------------------------------------- 0 ---------------------------------------------------------------------------------------------------------- EMPLOYEES(in FTEs) FY 2018-2019 Department FTE's Sworn 372 Sworn 38o Sworn 38o General 191.8o General 193.32 General 193.32 Grant FTE's Sworn 3 Sworn 3 Sworn 3 Civilian 10 Civilian 10 Civilian 10 Total 576.8o I 586.32 ( 586.32 EstimatedActual Original Amended Proposed REVENUE FY 2017 Budget Budget FY 2018 FY 2019 FY • • FY 2018 Operating Revenue $8,7112 $9,794,188 $9,794,188 $9,059,346 $9,195,342 General Resources $61,o65,196 $65,335,010 $65,485,976 $65,072,979 $66,944,483 General Fund Total $69,776,278 $75,129,198 $75,28o,164 $74,132,325 $76,139,$25 Grants $1,425,470 $1,596,000 $1,596,000 $1,596,000 $1,671,071 TOTAL EXPENDITURES ---------------------------------------------------------------------------------------------------------- 0 -------------------------------------------------------------------------------------------------------- --- Actual Original Amended Estimated Proposed FY 2017 Budget Budget FY 2018 FY 2019 FY • • FY 2018 Personnel $49,225,984 $51,99o,o62 $51,835,192 $50,816,805 $52,577438 Operating $7536,684 $7957710 $8,1o8,675 $7979,223 $7794,909 Capital $95,000 $162,000 $316,870 $316,870 $0 Internal Service 610 918 $12, , $15,019,4251 2 1 Allocations $ 5�019�4 7 $ 5�767�478 Total General Fund $69,776,278 $75,129,198 $75,28o,164 $74,132,325 $76,139,825 FIRE ------ ----------------------- 0 ------------------------------------------------------------------------------------------ BUDGET PRESENTATION 2018 - 2019 MISSION & MISSION ELEMENTS --- ---------------------------------------------------------------------------- (D ----------------------------------------------------------------------------- ------------ Mission — Protection of lives and property due to fire, explosion, natural or man-made disaster and to provide emergency medical services Mission Elements Respond to emergency medical and fire calls for service Conduct fire prevention education, investigations, and inspections Manage City emergency operations including the Emergency Operations Center KEY SERVICES / RELATED FTEs -------- ---------------------------------------------------------------------------- 0 ----------------------------------------------------------------------------- ------------ Respond to Emergency Medical, Fire, Haz-Mat and Technical Rescue calls for service (414 FTE) Conduct Fire Prevention Education, Investigations, and Inspections (13 FTE) Manage City Emergency Operations, including the Emergency Operations Center (2 FTE) Management of the Local Emergency Planning Committee — LEPC (1 FTE) EFFICIENCIES ------------------------------------------------------------------------------------------------------------ (D ---------------------------------------------------------------- -------------------------------------- r- ; Achieved Planned 1. Completed Construction and placed 1. Delivery of a fire engine expected Fire Station *18 into service November 2018 2. Graduated Fire Academy Class #39 2. Hire 34 Fire Cadets (Academy Class (Conventional Hire) #41) in January 2019 3. Graduated Fire Academy Class #40 3. Delivery of Ambus expected Spring (Alternative Hire) 2019 4. Conducted Recruitment/Testing for 4. Purchase 2 Medic Units in FY 2019 Academy Class #41 5. Completed the first billing cycle 5. Begin Recruitment/Testing for through the Texas Ambulance Academy Class #42 - January 2020 Supplemental Payment Program A EMPLOYEES & REVENUE ------------------------------------------------------------------- --------------------------------- ---------------------------------------------------------------------I EMPLOYEES(in FTEs) FY 2018-2019 Department FTE's Sworn 414 Sworn 414 Sworn 414 General 16 General 16 General 16 Grant FTE's Sworn o Sworn o Sworn o Civilian o Civilian o I Civilian o I Total I 430 I 430 I 430 EstimatedActual Original Amended Proposed REVENUE FY 2017 Budget Budget FY 2018 FY 2019 1 FY • • FY 2018 Operating Revenue I $5397424 I $6,592,740 $6,592,740 $7442,136 I $8,139472 General Resources ( $49442,897 I $49463368 $50537495 I $50549466 I $49174469 General Fund Total I $54,840,320 I $56,056,1o8 I $57,130,235 I $57991,602 I $57,313,941 Grants ( $126,145 I $520574 I $520574 I $520574 I $8o1,166 LEPC I $251,736 I $269,812 I $269,812 I $220,471 I $218,400 u TOTAL EXPENDITURES ---------------------------------------------------------------------------------------------------------- 0 ------------------------------------------------------------------------------------------------------------ A Actual Original Amended Estimated Proposed Budget • • • FY 2017 FY 2018 FY 2018 FY 2018 FY 2019 Personnel $41,018,810 $39,593,466 $39,599,466 $42,056,259 $39529,672 i Operating $5,487907 $6,246595 $7296,882 $5,701,454 $6995,389 I Capital $50,4o6 $650,000 $667,840 $667,840 $0 Internal Service Allocations $8,283197 $9566,047 $9566,047 $9566,048 $10,788,88o Total General Fund $54,840,320 $56,056,1o8 $57,130,235 $57991,602 $57313941 LEPC $217,292 $269,250 $269,325 $262,738 $216,go8 SC o� � v AGENDA MEMORANDUM N�ORPOBPI Ordinance for the City Council Meeting of September 11, 2018 1852 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 30, 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 Ratifying increase in property tax revenues from FY2017-2018 Operating Budget CAPTION: Ordinance to ratify increase of $7,680,380 in property tax revenues from last year's operating budget as reflected in the 2018-2019 operating budget. PURPOSE: To adopt budget for upcoming fiscal year as per charter requirement. Section 102.007(c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget. A vote under 102.007(c) is in addition to and separate from the vote to adopt the budget or the vote to set the tax rate. Therefore, a separate vote from City Council is required after each vote to adopt the budget. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. ALTERNATIVES: None. Approval of the budget is required by the City Charter. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This item conforms to City Policies. EMERGENCY/ NON-EMERGENCY: N/A DEPARTMENTALCLEARANCES: Office of Management and Budget FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2017-2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item 7,680,380 7,680,380 BALANCE 7,680,380 7,680,380 Fund(s): All Operating Funds-Expenditures Comments: Total proposed revenues are $904,187,978 which includes an increase of$7,680,380 in property tax revenues over the prior year. RECOMMENDATION: Approval of Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: FY 2018-2019 Ordinance to ratify Ordinance to ratify increase of $7,680,380 in property tax revenues from last year's operating budget as reflected in the 2018-2019 operating budget Whereas, Section 102.007 (c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget; and that a vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council ratifies the increase of $7,680,380 in property tax revenues from last year's operating budget as reflected in the 2018-2019 operating budget. 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 SC �o o� � U NOORPONPS E� 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of August September 11, 2018 Second Reading item for the City Council Meeting of September 18, 2018 DATE: September 4, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Eddie Houlihan, Director of Management & Budget eddieho(a)cctexas.com (361) 826-3792 Approval of Fiscal Year 2018 — 2019 Capital Budget and Capital Improvement Planning Guide CAPTION: Ordinance approving the Fiscal Year 2018 — 2019 Capital Budget and Capital Improvement Planning Guide in the amount of$197,583,700. PURPOSE: The purpose of this Agenda Item is to fulfill all requirements necessary to approve the Fiscal year 2018 — 2019 Capital Budget and Capital Improvement Planning Guide. BACKGROUND AND FINDINGS: Section 102.006 of the Texas Local Government Code reads as follows: "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." The City Charter requires City Council to review recommendations of the Planning Commission and act on the Capital Budget on a yearly basis. On Wednesday, August 22, 2018, a Public Hearing and summary presentation of the FY 2019 Capital Budget and Capital Improvement Planning Guide was held before the Planning Commission describing program highlights and funding sources. A second presentation of the detailed FY 2019 Capital Budget and Capital Improvement Planning Guide was held on September 5, 2018. At that meeting, the Planning Commission recommended approval of the FY 2019 Capital Budget and Capital Improvement Planning Guide as presented. There were no comments during the Public Hearing. ALTERNATIVES: Approval of this budget is required by City Charter. City Council may: 1. Approve the budget as presented (Recommended) 2. Make changes to the budget and then approve. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: This item conforms to City Policy and statutes regarding approval of the Fiscal Year 2018 — 2019 Capital Budget and Capital Improvement Planning Guide and is consistent with the Comprehensive Plan. EMERGENCY/ NON-EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: Engineering FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Line Item Budget Encumbered / Expended Amount This item $197,583,700 $197,583,700 BALANCE $197,583,700 $197,583,700 Fund(s): COMMENTS: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation FY 2019 Capital Budget and Capital Improvement Planning Guide (can be viewed on the City's website) Pagel of 2 ORDINANCE APPROVING THE FISCAL YEAR 2018 — 2019 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $197,583,700. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Fiscal Year 2018 — 2019 Capital Budget and Capital Improvement Planning Guide in the amount of $197,583,700 is hereby approved. A copy of the Fiscal Year 2018 — 2019 Capital Budget and Capital Improvement Planning Guide will be filed in the Office of the City Secretary ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel Fiscal Year 2018 - 2019 Proposed Capital Improvement Program (CIP) Budget and Planning Guide • August 22, 2018 Proposed Capital Improvement Budget and Planning Guide • Purpose: To identify, prioritize, fund and construct capital projects. • Provides: Project scopes, cost and schedules for planned and anticipated projects over the next ten years. • Includes: Details specific information on projects programmed within the next three years. Proposed Capital Improvement Budget and Planning Guide Sections of the document: • Year One (Fiscal Year 2019) : A fully-funded work plan based on available financial capacity and greatest prioritized needs. • Short-Range Program: Facilitates fiscal and needs- based planning for Years 2 and 3. • Long-Range Forecast: Located at the back of each section and consists of items considered important, but not funded. e Proposed Capital Improvement Budget and Planning Guide PROJECT DESCRIPTION Proposed General Obligation Bond 2018 Proposition One: STREETS saruenoe pal PROJECT TITLE: Proposed General Obligation Street Bond-Proposition A Consistency whh the Comprehensive Plan;Polley Statements pp.25- CITY WIDE PROJECT NOTES'_ 32;T ansportaoon Master Plan DESCRIPTION: This p-poslvan focuses on Lte rewnstruclion ane] nip—m... of Protect N. Van— arterials and collectors Mmughnut 1ne Cily. It also provides funding for transportallon-relate[]irnpravements suW as traffic signals,street lighting, Texas mon Departent of Transportatipartidpation projects, etc_ These AIE Consu9 nt Van— projects are aepentll�rt upon vot—pproval in Bre No—inter 2818 Bond! W Contractor Van— Etcuiur Awartl Design OnGoing Award Consbudl— Q-Gwng "t-Pals!Completion: OnGoing FUNDING SCHEDULE{Amount in 000'sj PT"—Dat Unspent Prmr CIP budget _ Future Hutlgef Total Project Obligations Budget as of Yean1 2Q 9-2020 2Q2Q-2021 RequineC Value Use o1 Fund. JUIy2018 July 2018 2018-2019 {Years 4-l Oj {Amounts in f'sl STREETS 13800 6,932.8 36,0274 23,8530 3WA 67,725600 WATER 895.3 3,710.19,056.0 4,294.3 94.9 17,999,800 WASTEWATER 1,067.0 7,7665 4,294.3 46.913,173,900 STORMWATER 1,920.6 14,1634 8,228.3 792 24,383500 GAs 213.4 1,573.7 858.8 8.8 2,654,700 TOTAL: 2,2553 13,043.9 6$5690 41,520.] 5356 S 125,937,500 Source of Funds Street CIP Reserves T3601,360 OOQ Band issue 2018 GQ's 13,043.9 68,569041,52Y1.] 5266 123,682aOD Revenue Bonds 696.3 S95 300 TOTAL: 2,2553 13,043.9 68,5890 41,520.7 5286 $ 125,937,500 OPERATIONAL IMPACT: There is no di-,,t operational budget impact These projects-11—p—the—ad and--date heavier traffic flaws and provide a safer d—nt,e>�enencc_ 4 Proposed Capital Improvement Budget and Planning Guide PROJECT DESCRIPTION Oep-111:WATER segcn�sal PROJECT TITLE: Nueces River Raw Water Pump Station Consistency with the Comprehensive Plan:P hcy Statements pp.48: PROJECT NOTES 1,3&6,pp.55-57;Water Master Plan DES D RIPTION: TREATMENT T—ph­c vn11 mprove pumping­—it,an ility a Project N0: E11066 mp s (NRRW Ps). puma sta tmnsrers eraw m _ AIL ConsuttaM'Urban Engineering,Inc_ a-it.{O.NSWTPj. srng statim c reists of!wo p pnb dingsTPump puiidmg No.1 vra mst--in 19—th four vertical to —pumps,anly twp W Nese pumps are in SQrvice naw. r tracl0r: TBp umP.B dtn9 N dry Pir rYrugal P uCurrent pumping ccapardly Is to kl�erable pumps working gwrartl pesign: Sept 2014 m YNd is beerz 111 MGD1and[beep p station ha bememablet to meet[peak demands_ Matpr elements of p­--de reNlbish Pump Bui—g Ng.1 a-No.2,cenehuat A Constni"—: FY 2019 mom arn]new backup gene... and protide a new pump in mP Bui dmgN_to Antia"ed COmplebon' F1'2020 FUNDING SCHEDULE(Amgunt in 00051 Prtryecl-I-Date Unspent Prior CIP Budget Future Budget Obligations budget as of Year Year2 Year3 Required Total Pro13,"255,800 Use of Funtls July 2018 July 2018 2018-2019 2019-2020 2020-2021 (Years 4-10) (Amgun Design&Erigindenng 2995 B 15C.0 150.0 5,130 Coming—ny 500.0 6600 InspectiorVOtner 1]t] 5000 566)0 TOTAL: 3,1675 5,000.0 5,600 $ 14,]6],500 Source of Funds Revenue pond 3,167.5 5000.0 6,61300 14,76],500 TOTAL: 3,16].5 5,000.0 6,600.0 L $ 14,]6],500 JOPERATIONAL IMPACT: This project provides uninterrupted water supply from Nueces River_The need far reliade,redundant sources of raw water will tx met and 11>e Cl1y ra cantitleMly welcome new businesses. Should this project not be real ed,and ONSVVTP is raced with peak water demands,the City eeuM face water shortages and a less than fa—Mo public image. Opemgonal budget impact should Le,improved through more efficienl equipment_ 5 Airport • Year One: $7.8 Million • Program Highlights: — Rehabilitate East General Aviation Apron /Reconstruct Air Carrier Ramp — Rehabilitate/Replace Passenger Boarding Bridges — Terminal Service Animal Relief Area (SARA) — Terminal Building Assessment /Rehabilitation • Funding Sources: — Federal Aviation Administration Grants — Airport Capital Reserves Parks & Recreation • Year One: $6.1 Million • Program Highlights: — Packery Channel Miscellaneous Improvements — Proposed Bond 2018 - Proposition C • Senior Centers and Recreation Centers improvements — Completion of previously funded Bond 2012 projects • Funding Sources: — Tax Increment Financing District — Proposed General Obligation Bond (2018) Public Facilities • Year One: $8.6 million • Program Highlights: — Proposed Bond 2018 - Proposition D — Art Museum and Museum of Science & History renovations and improvements — Arena Improvements • Loading dock expansion • Audio/Video enhancements • Funding Sources: — Proposed General Obligation Bonds (2018) — Sales Tax Proceeds (Type A Board Funding) Public Health Safety • Year One: $10.3 Million • Program Highlights: — Proposed Bond 2018 - Proposition E • Upgrade Police Radio Communication System • Police Headquarters renovations&improvements — J.C. Elliott and Cefe' Valenzuela Landfills — Seawall Improvement Projects • Funding Sources: - Proposed General Obligation Bonds (2018) - Certificates of Obligation - Sales Tax Proceeds (Type A Board Funding) Aft ") Streets • Year One: $21.2 Million • Program Highlights: — Proposed Bond 2018-Propositions A&B • Residential — Morgan Avenue — Ayers Street — Arterial& Collector Streets-Type B • Everhart,Slough, and Holly Roads • Funding Sources: — Proposed General Obligation Bonds (2018) — Revenue Bonds — Texas Department of Transportation Funding — Sales Tax Proceeds (Type B Board Funding) 10 Gas • Year One: $9.8 Million • Program Highlights: — Various Pipeline Replacement / Extension Projects — New CNG station near the Highway 37/Highway 77 corridor • Funding Sources: — Utility Revenue Bonds — Capital Reserves �7. Storm Water • Year One: $28.5 Million • Program Highlights: — City-wide Storm Water Infrastructure Rehabilitation and Replacement — La Volla Creek Storm Water Modeling and Improvements • Funding Sources: — Utility Revenue Bonds — Capital Reserves Water Supply • Year One: $6.7 Million • Program Highlights: — Mary Rhodes Pipeline Cathodic Protection Upgrades — Wesley Seale Infrastructure Improvements • Funding Sources: — Utility Revenue Bonds — Choke Canyon Trust Fund — Raw Water Supply Reserve Water • Year One: $56.4 Million • Program Highlights: — High Service Building #3 — Nueces River Raw Water Pump Station — Waterline Replacement Program • Funding Sources: — Utility Revenue Bonds — Capital Reserves Wastewater • Year One: $42.2 Million • Program Highlights: — Greenwood WWTP Electrical Improvements to UV System — City-wide Lift Station Repair — OSO WRP Headworks and Lift Station • Funding Sources: — Utility Revenue Bond — Capital Reserves QUESTIONS? 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 ,CUS ct�- o E U AGENDA MEMORANDUM NOfl PORpSE 1852 'ublic Hearing and First Reading for the City Council Meeting of September 11, 2018 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 1, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 F=-- Rezoning property at or near 7001 South Staples Street CAPTION: Case No. 0718-03 Dr. Haysam Dawod, DDS: Ordinance rezoning property at or near 7001 South Staples Street from "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District. PURPOSE: The purpose of this item is to allow for the construction of an automated car wash. RECOMMENDATION: Planning Commission and Staff Recommendation (July 25, 2018 Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: This case is considered controversial as we have received 27.33% opposition. Approval will require a super-majority vote. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the "CG-2" General Commercial District is inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the proposed use. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 CIP onl Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0718-03 Dr. Haysam Dawod, DDS: Ordinance rezoning property at or near 7001 South Staples Street from "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Dr. Haysam Dawod, DDS. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, July 25, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions and on Tuesday, August 28, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Dr. Haysam Dawod, DDS. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Lot 6, Block 1, Sterling Corners, located on the west side of South Staples Street, south of Timbergate Drive, and north of Lipes Boulevard (the "Property"), from "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District (Zoning Map No. 044032), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2F3FAD\@BCL@FC2F3FAD.docx Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2F3FAD\@BCL@FC2F3FAD.docx Page 3 of 4 CG-2 RS-6 SPI94-}5 Cfr-i 9 A. 3 ci 8 } - C 7 fF i 10 wr 5 RS-TF p 2q 4 2 SUBJECT PROPERTY CN-1 C on -6 e r �I CG-2 Dow Md:7rzrz�,e 0 D 400 ?balarad'8Y?YaN F L6 Pbf O64d1�lf8AF3if1"l06i CASE. 0718-03 ZONING & NOTICE AREA Pit-i M,-'�-i yi R Light NtlIni1M PLI-Y M,-7 H Hr�Mdyahlal k PM-E Mu".".'15 PIIh FlrrnsE UNI Cev.Over'e': _ CM Pr;�'•••» lcrmb Pi-10 iM01a ly 10 W PM-Ai Mu'.••n U AT Pik i�0"�-iem l..ly d Q pl-1 HeaanaormoaCommenHel 9'..:.-� is 5 SG JECT cM-Y M.lyhhmhootl Commerde8 R4-TF Two--=- - 6PERTY �1 W-9 Pe wA Cemmero LA ftb-16 °�]�. CO-Y OeneralCommeraiN >p 6�?0.-?arn� p M6,.V ec._.101 FwMailOrW V011ICM AAr. m PO-1— commeraahA MH M.Pur al Fr 11— M-tP»ro rl Commero Wm rit F.mi r:urei 4 I H H[,10rAoG—W 4 N �V 40wien nirhh2 lM'Ihletlm x�� 4l b? LVLAT�V Irl MA- �Vcn�tloww•r9t�^�hk• /� C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2F3FAD\@BCL@FC2F3FAD.docx Page 4 of 4 Case No. 0718-03 Dr. Haysam Dawod, DDS: Ordinance rezoning property at or near 7001 South Staples Street from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Dr. Haysam Dawod, DDS. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, July 25, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions and on Tuesday, August 28, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Dr. Haysam Dawod, DDS. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described Lot 6, Block 1, Sterling Corners, located on the west side of South Staples Street, south of Timbergate Drive, and north of Lipes Boulevard (the "Property"), from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with conditions (Zoning Map No. 044032), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Setback: A setback at a minimum of 20 feet shall be maintained from the rear property line. No buildings or storage shall be allowed within the setback. 3. Hours of Operation: Operations from 8:00 PM to 8:00 AM is prohibited. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7CO973BO\@BCL@7CO973BO.docx Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7CO973BO\@BCL@7CO973BO.docx Page 3 of 4 Cc-2 RS-6 SP.'94-}5 CH-} 3 8 T C 7 H i TO 5 .. RS-TF 0 2q 4 2 SUBJECT PROPERTY CH-1 OH S-8 c r �I L� CG-2 S f+_ wm rsez9d 7{1,2918 0 400 ?t�Firap'ay:.vark /� [+ /� er w rbrD9valiaaa>enrservlaea CASE. 0718-03 ZONING & NOTICE AREA 4-„ Rx-1 Yurlramrul 1L L•ghtlndu etr!al _ RY-Y Yyrr..�lps N !r.avr;ntluo-lnei � s >< RY-i Y,rranlpri Pxp Piennetl vrtl4➢ev:pwrYr 1 g pX Freh[cbntl prree Rt-19 x:WFYRNY 16 } Y RY-Ar Y[[rr�l Ai Ri! J .V F�My E p.. M-1 .10�'+nr+aotl^ohne ro]el _6 MImI F_ly $1J JECT cY-Y xe r]'S5".55'_5-•'te roKl Pxa-F+n� 6PERTr CR-1 Re[5- Ri-1a i C� F—ly 15 CR-P Re[5--'S"..•-: RE MHtlerral Eclele 7 RS TH TU nMoma W-Y mei•-^ _� _ w 4—h!Perrnn RV Fbcwat Dnal Veh ale Park -- R>wx xrnuraot urea xome d 8' cR-i Rc[5` FFt F—� -- I 41 `rw hke'P+Mer'J' brrers 4],y' w� `i Y& ovns rr nspsanal Y avns taC�VTIQN MAP owr_vsu see A n oranc� C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@7C0973BO\@BCL@7C0973BO.docx Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No. 0718-03 INFOR No. 18ZN1014 Planning Commission Hearing Date: July 25, 2018 = Owner: Dr. Haysam Dawod, DDS. a a 0 Applicant: The Clower Company ,L Za Location Address: 7001 South Staples Street aN Legal Description: Lot 6, Block 1 , Sterling Corners, located on the west side Q °a ° of South Staples Street, south of Timbergate Drive, and north of Lipes Boulevard. From. "CN-1" Neighborhood Commercial District _ To: "CG-2" General Commercial District io Area: 0.64 acres Purpose of Request: To allow for the construction of an automated car wash. Existing Zoning District Existing Land Use Future Land Use Site "CN-1" Neighborhood Commercial Commercial Commercial "CN-1" Neighborhood _ North Commercial Commercial Commercial .E N "CN-1" Neighborhood = South Commercial Commercial = J Commercial Commercial and X East "RE" Residential Estate Vacant and High Density LU Commercial Residential West "CG-1" General Low and Medium Medium and High Commercial Density Residential Density Residential Area Development Plan: The subject property is located within the boundaries 06 v, of the Southside Area Development Plan and is planned for commercial uses. o The proposed rezoning to the "CG-2" General Commercial District is 2 a inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the a o proposed use. Q > Map No.: 044032 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 130 feet of street frontage along South Staples Street which is designated as an L ° "AY Primary-Arterial Divided Street. According to the Urban Transportation a N Plan, "AY Primary-Arterial Divided Streets can convey a capacity between 30,000 to 48,000 Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type L South "A3" Primary- Staples 130' ROW 105' ROW 17,712 ADT Arterial Divided Street Street 79' paved 70' paved (2014) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District to allow for the construction of an automated car wash. Development Plan: The subject property is 0.64 acres in size. The owner is proposing the construction of a 2,400 square foot automated car wash. The automated car wash will have between 3 and 5 employees. The hours of operation will be from 8 am to 8 pm. Existing Land Uses & Zoning: The subject property is currently zoned "CN-1" Neighborhood Commercial District and consists of vacant land. The subject property was zoned "CN-1" Neighborhood Commercial District in 2005. The subject property was annexed in 1989 and is platted. To the north and south along the South Staples Street corridor are vacant properties and commercial properties consisting of a restaurants and retail businesses. To the east and across South Staples Street are vacant properties zoned "CG-2" General Commercial District and "CN-1" Neighborhood Commercial District. To the west are single-family residences (Crossgate Ridge Unit 1 Subdivision) zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "CG-2" General Commercial District is inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the proposed use. The following policies should be considered: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Staff Report Page 3 • Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • Implement fair and equitable ways to promote better protection when two uses of differing intensities abut one other. (Southside ADP, Policy Statement B.5) • High-intensity commercial and industrial areas should be buffered to provide transition from low-density residential areas. (Southside ADP, Policy Statement B.6) • New high-intensity commercial developments without adequate transition or buffering should be discouraged from locating directly adjacent to low-intensity residential areas. (Southside ADP, Policy Statement B.7) Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the proposed use. • The proposed rezoning is partially compatible with neighboring properties and with the general character of the surrounding area. This rezoning does may have a negative impact upon the surrounding neighborhood in regards to noise. • Existing commercial properties to the north and south are zoned a combination of "CN-1" Neighborhood Commercial and "CG-2" General Commercial District. • The "CG-2" District opens the possibility of more intense commercial uses such as Mini-Storage, Bars, and Night Clubs adjacent to single-family residences. • An automated car wash with a single wash bay is a low impact commercial use. The limited hours of operation of 8 am to 8 pm would reduce any potential negative impacts from occurring. • As in previous car wash projects a question of noise has arisen. This proposed automated car wash will have vacuums. However, the latest trends in car vacuums is typically a single underground unit that has multiple access points to parking stall stations for use versus the traditional individual vacuum unit at each use area. • Due to the partial adjacency to properties zoned "RS-6" Single-Family 6 District, a Type C buffer yard will be required along the northern and western property lines. Type C buffer yards consist of 15 feet in width and a 15 point requirement as per the Unified Development Code (UDC). • If the "CG-2" General Commercial District is approved, the proposed development will still need to abide by all requirements of the Unified Development Code (UDC). Planning Commission and Staff Recommendation (July 25, 2018): Denial of the change of zoning from the "CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District, in lieu thereof, approval of the "CN-1/SP" Neighborhood Commercial District with a Special Permit (SP) with the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Setback: A setback at a minimum of 20 feet shall be maintained from the rear property line. No buildings or storage shall be allowed within the setback. Staff Report Page 4 3. Hours of Operation: The hours of operation shall be daily from 8:00 AM to 8:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 Number of Notices Mailed — 10 within 200-foot notification area 5 outside notification area 0 As of July 20, 2018: In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 4 inside notification area a — 0 outside notification area Totaling 27.33% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0718-03 Dr.Haysam Dawod,DDS(Clower,7001 S.Staples)\PC Documents\Staff Report_0718-03 Dr.Haysam Dawod,DDS.docx Staff Report Page 5 CG-2 RS-6 SP?94-i5 �} Cf!-i L7 3 8 1 C 7 M i 100 n 5 RS-TF p 2ny 4 2 SUBJECT PROPERTY off, S CN-1 Rp ©H S-6 C t (' CG-2 0 D Da M a1-W F12,2016 Fa 400d6y;fMrH Ar /(� � LB i6f�dV91�}Fkm?9Ri SRrY/C9d ZONING CASE: O'y7?V]/{�-03 ZONING NQ/g10EAREA RR-9 Mu-'�-'i,1 IL IlgIi IlYDuiilal W:'2 Mu""'-'l Y p Hr pY[rl[.MM Rl1-i M,": '15 MD R ,,d UAI Mr Gwfty OH 1W.—y�tl d]f M1be Rt-ib ri�dlaFa�b 90 Y RY-Ai Mu"• lAT Ri# riopl Fai010..V F_h He /p cH-7 :-.:x�oa cornmeraddl Birkad 5 SU JECT cM-s dd>; �r,7oa co�r�[srea.e R*_TF Tw®-F,my 6PERTY �n CR-1 Re[�-=y..�nero[a' Ri-16 iArOk-Fnm ry l6 RETH CI doer-.•:::.- -- CBD M'x':.:.' CR-2 dH Fa ren Ru ral S H MI-16D 1e[Iry 4 BF BVc�eYVYark Cit XFez LOCATION MAP �Ve�etl orns9tW�hk F.32fi�c'.;y Staff Report Page 6 Persons with disabilities planning to attend this meeting,who may require special services,are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con incapacidades g e kgrien I> 1tA4iQ0 istir a este junta V que recuieren servicios esoeciales, se les ts&ljga Quo-dt:tt_AAW 4.0 horns antes de la iunla Ilamando at depanamento de servicios de desarrollo,al numero(3611826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diriairse a la commission durante la iunta y su ingles es limitado favor de Ilamar at departamento de servioios de desarrollo al numero(3611 826 3240 al menos 48 horas antes de la iunta para solicitar un int$rprele ser primerite durante la iunla, CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0798-03 Dr. Haysam Dawod, DDS. has petitioned the City of Corpus Christi to consider a change of zoning from the"CN-1" Neighborhood Commercial District to the "CG-2" General Commercial District- not resulting in a change to the Future Land Use Map.The prope4 to be rezoned is described as: 7001 South Staples Street and Lot 6, Block 1, Sterling Corners, located on the west side of South Staples Street, south of Timbergate Drive, and north of Lipes Boulevard. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday,July 25, 2018,during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THe CURRENT PROPERTY OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.O. BOX 9277, CORPUS CHR13Tl.TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance wli the Planning Commission BY-Lnus,no discussion shall he held by a member or members of this Commission with an applicant or appellant eonceming an apppCiHon or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name 777Ak(,Lw, 44—: Address: n q <$T�dt=i City/State: CC- --F4(. -7 6 3 ( ) IN FAVOR +0,1N OPPOSITION Phone: 36 LCl o k l 'f`� (�•' MvC� �AC �=vr Tjrn,vl: e.,,T-r `-6-c hrr�J'� , j�` /1 lY �//s1/Iof�`�' c., l�) Jt�C/' I.c •.'�� SEE MAP ON REgnVERSE SIDE Case No.0718-03 INFOR Case No.: I8ZN1014 Project Managor Andrew Dimas Property Owner ID:2 Email:andr"d2@Wexas.com Staff Report Page 7 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con incaoacidades. gugtienan la inter ciJn 7e a�istir a esla iunla_Y W ro*10 en sarvicios esaeciales,se les sujlica Le den aviso 48 horas antes de la junta Ilamando at deoartamento dg serviclos de desarrollo,at numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diridrsa a la commission jurinle 13 itrttay sit in-*es es limitad3. tar�r de Ilarrlar 4 de uartamenlo de servicios d r_.desarrolio al numero (351)325-324)4 mens 48 horas antes d21 a IL-n W lar solicits vn intbrorete ser oresenie durante la iurta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0798-03 Dr. Haysam Dawod, DDS. has petitioned 'he City rf Corpus Christi to consider a change of zoning from the-CN-1"Neighborhood Commercial District tc the"CG-2"General Commercial District, not resultinta in a change to the Future Land Use Map. The property to be rezoned is described as: 7001 South Staples Street and Lot 6, Block 1, Sterling Corners, located on the west side of South Staples Street, south of Timbergate Drive, and north of Upes Boulevard. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and rormulate a recommendation to the City Council. The public hearing will be hell on Wednesday, July 25, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street.You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNERS)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P.O.BOX 9277, CORPUS CHRISTI,TEXAS 78469- 9277. ANY tNFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Conniseion By-Laws,no discussion shell be(leld by a member or members of thls Commission with an applicant or appellant concerning an appricatlon or appeal,eltherat home or office.or in person, by telephone call or by letter. ee Printed Name. 014000"n Address:�c�.�� ��it 9 City/State lc ( � :7 �Ll =c- �'- { ) IN FAVOR IN OPPOSITION Phone:��, Ce�YT7_ REASON: Signature T SEE MAP ON REVERSE SIDE V Case No.0718-03 INFOR Case No.:18ZN1014 Project Manager.Andrew Dimas Prnvarty nwner In•4 Email:andtewd2@cclexas.com Staff Report Page 8 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance al(361)826-3240. Personas con Inewacidades- oue denen la intention de asisbr a esta iunta v ave reauleren servIdg2esoeclales. 5e les suotica clue den aviso 46 horas antes de to junta damando at departamento de servicios de desarrrollo,at rl�mero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Serv{ces Department at (361)826-3240 at least 48 hours In advance to request an interpreter be present during the meeting. Si usted eesea diriairse a la commission durante la junta v su innles es limitado, favor de hamar al deDartamento de seroic ps_de_desarrollo at numero (361)826-3240 al mencs 48 horas artes de la junta para solicitar un intftrete ser presente durance la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0718-03 Dr. Haysam Dawod. DDS. has petitioned the City of Corpus Christi to consider a change of zoning from the "CN-1" Neighborhood Commercial District to the"CG-2" General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 7001 South Staples Street and Lot 6, Block 1, Sterling Corners, located on the west side of South Staples Street, south of Timbergate Drive,and north of Lipes Boulevard. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public heanng will be held on Wednesday. July 25, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call(361)826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT.SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commisslon with an applicant orappellant cones mIng an applicatlon or appeal,either at home or orrice,or In person. by telephone call or by left r.f / _-;— Printed Name:. ^�Ila Address: --i (i C C lwif A l CitylState: Cie ( ) IN FAVOR XIN OPPOSITION Phone: REASON: a 99 „ i r CWit,d/ r . . .I SEE MAP dna REVERSE SIDE Case No 0718-03 INrOR Case Nu. 18ZN1014 Project Manager Andrew Dimas Property Owner ID:6 Lmax:andrewozLcctexas com Staff Report Page 9 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas can incapacidades, (me tienen la intenpdn de a�ist►r a esta urta y we reauieren servidos espedees seles sed ca cue den aviso 48 horas antes de la Junta Ilamando al departamento de servicios de desarrollo, al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. iS ustgd_ esea dirigirse a la commission durante la iunia y 5_u_ingles es limit o. favor de Ilamar al departamento de servicios de desarrollo al numero(3611826-3240 al men%48 hqras antes de la de la solicitar un interprete ser presented rante la junta, CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0718-03 Dr. Haysam Dawod, DDS. has petitioned the City of Corpus Christi to consider a change of zoning from the "CN-1" Neighborhood Commercial District to the"CG-2"General Commercial District, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 7001 South Staples Street and Lot 6, Block 1, Sterling Corners, located on the west side of South Staples Street, south of Timbergate Drive, and north of Lipes Boulevard. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 25, 2018 during one of the Planning Commission's regular meetings, which begins al 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public heanng to express your views on this rezoning request,For more information, please call(361)826-3240. TO BE ON RECORD,THtS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P.0 BOX 9277,CORPUS CHRIST 1,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or mambars of this Commission with an applicant or appellant concerning an application or appeal.either at home or office,or In person, by telephone call or by letter. Printed Name-. �a �Y�( aUlJl ., ec�_�- r•-- Address: o�s S( (. City/State: (-C . T�_ - yj ( ) IN FAVOR l/ OPPOSITION Phone: � �� REASON: / C..,,A4A/Z Signature SEE MAP ON REVERSE SIDE Case No.6718.03 INFOR Case No.: 18ZN1014 Project Manager:Andrew Dimes Property Owner 10 9 Emafl:andrewd2@cctexas cam Zoning Case #0718-03 Dr. Haysam Dawod, DDS. Rezoning for a Property at 7001 South Staples Street City Council Presentation September 11 , 2018 Aerial Overview Art, ept, 's ".� SUBJECT -_ -- PROMW�o Q I 10 2 Subject Property at 7001 South Staples Street EO. It Vicinity Map' f AM ti f f �i Cq RO ' Fs •.xy�x ��PE �� �'�"� ar, { "�sr5treet�eg antl mntributors, 3 Zoning Pattern Ir ION 0914 c�a��o�o�� 2013 ass0 CH4 200000 - o �0�14 CH-11W 6H 2013 �Oqg leas G3G�1��1 I gas r C O-2 lose 2M Planning Commission and Staff Recommendation Denial of the "CG-2" General Industrial District in lieu thereof Approval of the "CN-1 /SP" Neighborhood Commercial District with a Special Permit (SP). IV-I'll r Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Car Wash, automated" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Setback: A setback at a minimum of 20 feet shall be maintained from the rear property line. No buildings or storage shall be allowed within the setback. 3. Hours of Operation: The hours of operation shall be daily from 8:00 AM to 8:00 PM. 4. Dumpster Screening: Any dumpster located on the Property shall be effectively screened from view by means of a screening fence or landscaping. Special Permit Conditions Ir 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Noise: Must not exceed sixty (60) dB at the property line where adjacent to residential properties. 7. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 8. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Preliminary Site Plan - - I I 1 I i > d Public Notification 10 Notices mailed inside 200' buffer R5 s IG ' 5 Notices mailed outside 200' buffer a _6 ASO oyer cu r 5 Notification Area Ta�aR , �p Opposed: 4 (27.33%) , r 5 as-rP zN SUBJECT o X PROPERTY In Favor: 0 eo Rsr cu-r �Rp UDC Requirements Ir "s Buffer Yards: CG-2 to RS-6/RS-TF: Type C. 15 & 15 pts. \sfoG. Setbacks: Street: 20 feet °R Side & Rear: 0 feet Parking: 2 per car wash bay Landscaping, Screening, and A. Lighting Standards Uses Allowed: Retail, Office, Indoor Recreation, Bars, Vehicle Sales, Self-Storage, Car Washes, and Multifamily Uses. s �yUS C O H U AGENDA MEMORANDUM NconpoRF1E 1$52 'ublic Hearing and First Reading for the City Council Meeting of September 11, 2018 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 1, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 FRezoning property at or near 7601 South Padre Island Dr. and 5246 Lexington Rd. CAPTION: Case No. 0718-04 May Dev, LP: Ordinance rezoning property at or near 7601 South Padre Island Drive and 5246 Lexington Road from "CG-2" General Commercial District to the "IL" Light Industrial District.(3/4 vote required) PURPOSE: The purpose of this item is to allow for the construction of an auto sales and service and boat sales and service establishment with service areas. RECOMMENDATION: Planning Commission and Staff Recommendation (July 25, 2018): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit (SP) with conditions. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: This case is considered controversial as we have received 53.12% opposition. Approval will require a super-majority vote. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for mixed uses. The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 0 Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 CIP onl Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0718-04 May Dev, LP: Ordinance rezoning property at or near 7601 South Padre Island Drive and 5246 Lexington Road from "CG-2" General Commercial District to the "IL" Light Industrial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of May Dev, LP. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, July 25, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG- 2/SP" General Commercial District with a Special Permit (SP) with conditions and on Tuesday, August 28, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by May Dev, LP. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Lot 5 and 6, Block 1, Bridgepointe Landing, located at the southeast corner of the intersection of South Padre Island Drive and Lexington Road, and north of Holly Road (the "Property"), from the "CG-2" General Commercial to the "IL" Light Industrial District (Zoning Map No. 039034), as shown in Exhibit "A", which is a map of the Property, is attached to and incorporated in this ordinance by reference as if fully set out herein in its entirety. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2F7971\@BCL@FC2F7971.docx Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2F7971\@BCL@FC2F7971.docx Page 3 of 4 k � CG-2 Y� a� 12 RS-G SUBJECT G 2 o PROPERTlr a 9 i3 7 G 2 TY i4 RM-3 3 4 F's- f f➢MCN'.7,22 P dPP SPR-Apa+w gY:YJ1H Pr opp�i DrDnfjupnrenrS9ry 5 CASE: 0775-04 � ZONING & NOTICE AREA �g RM-1 Mun ram lG'1 iL Li�tinmuitial RM-Y Mun ramlryY lH lba�l;ntlu cir:al RM-E MuflYam".b 5 FllA Plan netl li nii Lc�.©rerkl G pM PrePocclonN Diilbe RRi-1El 0 np b-6am la 1U M-AT MYMFa lRr AT i{ .0 fam nYo epyge M-1 Malph4orMutl CemmaruYl R*4. it Qq—la A.6 $!/9..IEG M2 Msbhtorhootl Commerc4l Ri-TR Pxo-Iamlry PROPERTY ml N wll GemmereL'1 Ri-1F 61np FMFam 11116 4 CR-Y Rewrl Gommereb9 � Re[gentblEcl ale CQ-i axrornieomme re4Y Ri T,T—ft... CQ-Y 9inoralComme hNal w 6peo iel Pormn p m""',—me rcMl W r$qg itiID1131 V0AIC19 PiMf -` M- Uownlovn Commere4l RRN NamiCaolLretl Meme f cR-a mwa ePmmerere dI/ m Fam Rare) H NC1wbOwlMC �$o SP �aYreaa Palk � ti µ �M 8rhK P2pee�. �Omen � � � q1ty0f � M2+8JP b�Rr ll Avn -� Cyrn RlClSa ¢ 7[h n �oearioN kaP C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@FC2F7971\@BCL@FC2F7971.docx Page 4 of 4 Case No. 0718-04 May Dev, LP: Ordinance rezoning property at or near 7601 South Padre Island Drive and 5246 Lexington Road from "CN-1" Neighborhood Commercial District to the "CN-1/SP" Neighborhood Commercial District with a Special Permit. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of May Dev, LP. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, July 25, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG- 2/SP" General Commercial District with a Special Permit (SP) with conditions and on Tuesday, August 28, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by May Dev, LP. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described Lot 5 and 6, Block 1, Bridgepointe Landing, located at the southeast corner of the intersection of South Padre Island Drive and Lexington Road, and north of Holly Road (the "Property"), from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG- 2/SP" General Commercial District with a Special Permit (SP) with conditions (Zoning Map No. 039034), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the Property, and Exhibit B, which identifies the required setbacks and screening areas, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Service, Heavy" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Setback: A setback at a minimum of 20 feet shall be maintained from the southern and eastern property line. No buildings or storage shall be allowed within the setback. 3. Screening: A solid 6-foot screening fence shall be installed along the eastern property line. 4. Hours of Operation: Business may only be conducted between the hours of 7:00 AM to 9:00 PM Monday through Saturday 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Outdoor Paging Systems/Intercom Systems: Outside paging, speakers, telephone bells, or similar devices are prohibited. 7. Vehicular Access: Exiting of vehicular traffic shall be limited to right turn only onto Lexington Road and shall not drive through the residential neighborhood located to the south of the subject property. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 , and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@840E26DA\@BCL@84OE26DA.docx Page 2 of 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 C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@840E26DA\@BCL@840E26DA.docx Page 3 of 5 Exhibit A C G-2 4Pk Tp RAf,, 40 12 RS-6 SUAVE!/I)= /1111!�E� PRM 9 ii 14 2 4 Dan Crbamd 712,016 400 CASE: 0718-04 ZONING & NOTICE AREA IL LlgMld.1d.1 R*-14 ::G—::ft 90 ayq'e M AT'A- -F R*4 QWF Eye CM-1 mi NT I R*4�—Q--4 SUBJEC Rl-rF PROPERTY RS-16 mcwr—lu lf can 0-v! W RS-TH T—ft... CD-2 0-1! W wp­ ­ I FW Fill,=1'21 van r la pm1k WH xanuraoraree Home M-s H rc+aoo y naw tin CRY& LOCATi N MPI Exhibit B C:\Users\legistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@840E26DA\@BCL@84OE26DA.docx Page 4 of 5 � ra r r.tst[a.w('arae(M7� SQ6 14kwl _. I - H $ � a 3- r 6-foot Screening F 20-foot ,' Fence w Setback _ (No Storage or Building) " Bill I �e -ar�tccK � :��• . a 2 datsOle C:\Users\legistar\AppData\Local\Temp\BCL Tech no logies\easy PDF 8\@BCL@840E26DA\@BCL@84OE26DA.docx Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0718-04 INFOR No. 18ZN1015 Planning Commission Hearing Date: July 25, 2018 = Owner: May Dev, LP. a a 0 Applicant: The Clower Company Location Address: 7601 South Padre Island Drive and 5246 Lexington Road Q N Legal Description: Lot 5 and 6, Block 1 , Bridgepointe Landing, located at the Q °a o southeast corner of the intersection of South Padre Island Drive and Lexington Road, and north of Holly Road. From: "CG-2" General Commercial District c To: "IL" Light Industrial District 'Es Area: 15.46 acres N ° Purpose of Request: To allow for the construction of an auto sales and service and boat sales and service establishment with service areas. Existing Zoning Existing Land Use Future Land Use District Site "CG-2" General Vacant Mixed Use Commercial _ "CG-2" General W North Commercial Mixed Use N Commercial _ 0Low Density Medium Density C South "RS-6" Single-Family 6 = M Residential Residential LU East "CG-2" General Commercial Vacant Mixed Use West "RS-6" Single-Family 6 Vacant Mixed Use Ca Area Development Plan: The subject property is located within the 0- c boundaries of the Southside Area Development Plan and is planned for mixed M ° uses. The proposed rezoning to the "IL" Light Industrial District is inconsistent a o with the adopted Comprehensive Plan (Plan CC). Q Map No.: 039034 Zoning Violations: None o Transportation and Circulation: The subject property has approximately 237 feet of street frontage along South Padre Island Drive which is designated as a "F1" Freeway/Expressway and approximately 1,256 feet of street frontage 0 along Lexington Road which is designated as a "C1" Minor Collector Street. = According to the Urban Transportation Plan, "Cl" Minor Collector Streets can ca convey a capacity between 1,000 to 3,000 Average Daily Trips (ADT). Staff Report Page 2 Urban Proposed Existing Traffic Street Transportation Section Section Volume Plan Type C; South Padre F1 Freeway/ 400 ROW 268, ROW 11 ,295 ADT Island Drive Expressway Varies paved 228' paved (2013) (SH 358) N Lexington "Cl" Minor 60' ROW 70' ROW Road Collector Street 40' paved 25' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CG-2" General Commercial District to the "IL" Light Industrial District to allow for the construction of an auto sales and service and boat sales and service establishment with service areas. Development Plan: The subject property is 15.46 acres in size. The owner is proposing an auto sales and service and boat sales and service establishment with service areas. Existing Land Uses & Zoning: The subject property is currently zoned "CG-2" General Commercial District and consists of vacant land. The subject property was zoned "CG- 2" General Commercial District in 2016. The subject property was annexed in 1962 and has remained undeveloped since the time of annexation. To the north is an existing boat sales dealership (Premier Yamaha Boating Center) and is zoned "CG-2" General Commercial District. To the south is the Williams Drainage Channel which consists of a 155-foot wide channel at a depth of 10.27 feet. Across the Williams drainage channel are large tract single-family residences (Lexington Acres) zoned "RS-6" Single-Family 6 District. To the east are unplatted vacant properties zoned "CG-2" General Commercial District and "RM-3" Multifamily 3 District. To the west across Lexington Road are unplatted vacant property zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PlanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan (ADP). The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). However, the proposed use is consistent with the following policies: • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) Staff Report Page 3 • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Implement fair and equitable ways to promote better protection when two uses of differing intensities abut one other. (Southside ADP, Policy Statement B.5) Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The property is currently vacant and has not been developed since annexation in 1962. • Vehicle and boat sales establishments are allowed by-right in the "CG-2" General Commercial District. However, any heavy repair work is only allowed in the industrial districts as per the Unified Development Code (UDC). • According to the former Corpus Christi Zoning Ordinance, under the "134' Business District ("CG-2" General Commercial District), "Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment." • The addition of the paint and body shop of the vehicle repair facility would not have an adverse impact as it will always remain a secondary and ancillary use to the multi-brand vehicle sales establishment. • An SP would provide the use requested by the applicant while protecting the integrity of surrounding uses including the nearby single-family neighborhood. • All uses will be subject to the City's noise ordinance to prevent a nuisance from occurring. • Due to the adjacency to properties zoned "RS-6" Single-Family 6 District, "RM-3" Multifamily 3 District, and "CG-2" General Commercial District, a buffer yard will be required along the corresponding property line. Buffer yards consist of an area and point requirement as per the Unified Development Code (UDC). In addition, a 155 foot wide drainage corridor exists to the south to separate the proposed use from the single-family residences. • The applicant is requesting a service center to operate as an ancillary repair shop. The Unified Development Code (UDC) defines vehicle services as: Vehicle Service, Limited: Minor repair or replacement of parts, tires, tubes, or batteries, diagnostic services; minor motor services such as grease, oil, spark plug, or filter changing; tune-ups; emergency road services; replacement of starters, alternators, hoses, belts, and points; brake or muffler repair, wheel alignment, automobile washing, automobile upholstery, window-tinting, state inspections and associated minor repairs; routine servicing of air-conditioning systems, or other similar minor repair services. Minor repairs do not include uses listed under "vehicle service, heavy." Vehicle Service, Heavy: General repair or overhaul of engines, air-conditioning systems, transmissions, or radiators for motor vehicles; Repair of bodies, frames, or fenders, painting, undercoating, or rust-proofing; repair of heavy load vehicles such Staff Report Page 4 as, tractor trailers, commercial dump trucks, or transit vehicles; customizing; vehicle steam cleaning; and other similar uses. Major repairs do not include uses listed under "vehicle service, limited." Planning Commission and Staff Recommendation (July 25, 2018): Denial of the change of zoning from the "CG-2" General Commercial District to the "IL" Light Industrial District, in lieu thereof, approval of the "CG-2/SP" General Commercial District with a Special Permit (SP) with the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Service, Heavy" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Setback: A setback at a minimum of 20 feet shall be maintained from the southern and eastern property line. No buildings or storage shall be allowed within the setback. 3. Screening: A solid 6-foot screening fence shall be installed along the eastern property line. 4. Hours of Operation: The hours of operation shall be from 7:00 AM to 9:00 PM Monday through Saturday. 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Outdoor Paging Systems/Intercom Systems: Outside paging, speakers, telephone bells, or similar devices are prohibited. 7. Vehicular Access: Exiting of vehicular traffic shall be limited to right turn only onto Lexington Road and shall not drive through the residential neighborhood located to the south of the subject property. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results: For: 6 Opposed: 0 Absent: 3 Abstained: 0 Staff Report Page 5 Number of Notices Mailed — 14 within 200-foot notification area 5 outside notification area 0 As of July 20, 2018: In Favor — 0 inside notification area o — 0 outside notification area z In Opposition — 4 inside notification area a — 0 outside notification area Totaling 53.12% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\0718-04 May Dev,LP(Clower,7601 SPID)\Council Documents=Report_0718-04 May Dev, LP.docx Staff Report Page 6 ► �y,�y� CG-2 t 3;q R Afp 44 �yD A? 12 8 RS-6 frB/` r SI.Jyl� R6 w� s i3 7 2 ii p 14 3 4 Cam CJ Fed:7+7!2 Ms 0 dP0 Sp Pfspa.red 5y:YL-H e i Cepa�rraar or oanajopmanrsern, CASE. 0718-04 Ax ZONING & NOTICE AREA IL 13M Ha.1d.1 Rl1.Y YUE"•-. 9H Nrnry l6N[My ItY E Mul!'�" -_- RJ9 P1Nrn�tl uel oFx 0xnrY} �S ON Pwfc[[Y - -- ,E-10 fl9MFaib 96 M.AT Mut1Y:-' '•-f -,E2 riiQIFFamy0 pl-1 INY-�:Y--YY::Y-.....: REi.n E3�41wFsb4E SI/$.31=C d1.P Me�hYY--Y:.'Y RE-TF iWo-Fence PRQpSRTX df.9 ISewr.=Y-...•-: RE-1E MCn FeN11,94 4 Rc cuenitelEGil� RS TH TReMenhouee CQ-P Ooeer: EP EpeooePorm1Y RY Fil .6=21veh7c1a Part - C9EL WH 1Aenu6eeluretl Nome r city ••�3ifd'1�M'L' O+nets 4 K�YPR LtID!! h4xu .yYohr bac �ec«ea orrr�n�9 mar h n avo:!_n., Staff Report Page 7 �--rs- --- _ - - -- Persons with disa&1Tt- s plannin_g to attend this meeting, who may require special servwft, are requested to oordea the Development Services Department at least 48 hours in advance at(361)826-3240 tesonas con inr,-dC6CM 2M ue tiers n lain encr6n de asis it a esntp ygue reguieren servicios e5pec�ales, se Ies,,gudica Ocie dart aviso hora�s es de la Junta Itamand4 al denaNamento de servicios de d sarrollo,all numero(361)828-3240. H you wish to address the Commission during the meeting and your English is limited, please call the Dev Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present meeting Si usted desea dirse a la commission duran la 'unta su les es limitado f de mento de servicios de desarroilo I numero 361 826-3 4 I m n 4 ras antes de 18 u iun intArprete ser presente durance la' n a. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0718-04 May Dev, LP. has petitioned the City of Corpus Christi to consider a change Df zoning from the"CG-2" General Commercial District to the"IL" Light Industrial District, resulting in a change to the Future nd Use Mao.The property to be rezoned is described as: 7601 South Padre Island Drive(State Highway 358)and 5246 Lexington Road and Lot 5 and 6, Block 1, Bridgepointe Landing, located at the southeast corner of the intersection of South Padre Island Drive and Lexington Road, and north of Holly Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public heanng for this rezoning request to discuss and formulate a mmendation to the City Council. The public hearing will be held on Wednesday, July 25 2018 during of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council chambers. 1201 Leopard Street. You are invited to attend this public hearing to express your views on this azoning request. For more information, please call(361)826-3240. ul OBE ON RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND "�" 4 ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRIST! TEXAS 277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, IOTE: In accordance with the Planning Commission By-Laws,no discussion shall be held by a member or members of tris Commission with an applicant or appellant concerning an application or appeal,either at home or office,or in person. ,y telephone call or by letter. 'rented Name: b5a Chap. tddress: City/State: e 0Fu,� Chr15h T� } IN FAVOR (XIN OPPOSITION Phone: 30 '1&0 7 7Z 3 SON: Signature AP ON REVERSE SIDE OR Case No.:18ZN1015 Case No.0718.01 petty Owner ID:1 Project Manager:Andrew Dimas Email:andrewd2@cctexas.com Staff Report Page 8 Persons with disabilities planning to attend this meeting,who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con incapacidades guE tienen la intenci 4n de asistr a alta'juntoy 0d6 re qJ aren servicios a 5mgial es.se le s su dica ai-e d en av so 48 horas antes de la junta Ilamando al departamento de serv�clos de desarrollo al numero(361)826-3240 If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si used dei din irse a la commi n durante la 4unta v stj inql4s es limaado favor de Ilarrar al departamento de servicigs de desarrollo at numero(3611826-3240 al menos 48 horas antes de la junta para solicitar un_intsrprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0798-04 May Dev, LP. has petitioned the City of Corpus Christi to consider a change of zoning from the"CG-2" Gcncral Commercial District to the"IL" Liuht Industrial District, resulting In a change to the Vulture Land Use Map. The property to be rezoned is described as: 7601 South Padre Island Drive (State Highway 358) and 5246 Lexington Road and Lot 5 and 6, Block 1, Bridgepointe Landing, located at the southeast corner of the intersection of South Padre Island Drive and Lexington Road, and north of Holly Road. The Planning Commission may recommend to City Councii approval or denial,or approval of an intermediate zoning classification andlor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commiss on will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, July 25, 2018,during one of the Planning Commission's regular meetings, which begins at 5:30 a.m., in the City Council Chambers, 1201 Leopard Street.You are invited to attend this public hearng to express your views on this rezoning request. For more information,please call(361)826-3240. TO BE-(WRECORD,THIS FORM MUST BE FILLE-C3UT,SIGNED BY THE CURSPROPERTY OW NEMAILE IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT.P. O. BOX 9277, CORPUS CHRISTI,TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Um—,no discussion shall be he by a member or members of this Commisslon with an applicant or appellant concerning an application or appeal,either at home or office,or In person, by telephone call or by letter. Printed Name: B 41a re e- Address: / 12. �, CitylState:6C, I Tic 9"1 ( } IN FAVOR (OPPOSITION Phone: 36/- ?13 - 17.0-13 REASON: I n 5 LA.-Vport o F cL spe ial t.isrZ perm* t for- a. W1'9 h 2n CA Ca,r c Q41e-rsk%P OLr\--.l kc I h (?n4 b0ct- Do nest wa►R` to "I C" -Zoir j � n tka Ckr-ea . —2k9&,ti0 .e2�t1 Signature tl SEE MAP ON REVERSE SIDE Case No 0718 D4 INFOR Case No.:18ZN1015 Pmjecl Manager Andrew Dimas Property Owner ID.8 Email andrewd2gectexas tom Staff Report Page 9 Persons with disabilities planning to attend this meeting,who may require special servi eis,are requested to contact the Development Services Department at least 48 hours in advance at(361)826-3240. Personas con Incaoacidades. Wre tienen la intention de asistir a esta iunta y gue recuieren servicios esoeciales, se les suolica cue den aviso 48 I Baas antes de la'unta Il a nand4 all deaartamenly_do servicios de Mmarrollo,al numero 1361)826-R4). If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted des ea ri:jrse a la commission durante la Iurday su innlil5s es limitado favor ie Ilamar al deaar-amento de servicios de desarrollo al numerr)(361)826-3243at menos 48 hors antes de la tuntalarp solicitar un intdr-rete ser rrresente dwante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0718-04 May Day, LP. has petitioned the City of Corpus Christi to consider a change of zoning frcm the "CG-2" General Commercial District to the"IL"Light Industrial District, resulting in a change to the Future Land Use Map.The property to be rezoned is described as: 7601 South Padre Island Drive(State Highway 358)and 5246 Lexington Road and Lot 5 and 6, Block 1, Bridgepointe Landing, located at the southeast corner of the intersection of South Padre Island Drive and Lexington Road, and north of Holly Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday,July 25, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request For more information,please call(361)826-3240. TO BE ON RECORD,TM FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.O. BOX 9277,CORPUS CHRISTI, TEXAS 78489- 9277. ANY IWORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE: In accordance with the Planning Commission By-Laws,no discussion shall behold bye member or members of this Commission wiMr an applicant or appellant concerning an application or appeal,either at hone orofAee,or in person, by telephone call or by leffQ�er. l j ,� I / f� f Printed Name: enAllf �i{.Sf• . Tfli1 �t� IAl�rr/ oI >+I 40L I'm Address: f J. . 0 7 q I City/state: rid1 ( ) IN FAVOR (}C)IN OPPOSITION Phone: REASON: !! d 4►n c ptj+ It 1L Zan► r�'� will f"If a �ftU�a l �11'iL r(M'� �Ot a J1r1L-Q►Ic�p o��. v �f� rk'Q i; �ti��-ew� yHaf ln� lftk'Q, Ll SEE MAP ON REVERSE SIDE Signature Case No.0718.04 INFOR Case No. 18ZN1015 Project Manager:Andrew Dimas Proporty Owner ID 9 Email:andrewd2@cctexas.cam Staff Report Page 10 Persons with disabilities planning attend this meeting,who may require sp I services,we requested to contact the Development Services Department at least 48 hours In advance at(361)82b-3240.Personas con incanacidadts. 4ue tienen la intencion de asistir a esta junta y que►ectuieren servicios especiales, se les suplica que den avi5Q 48 hordsantes de la junta Ilamando al depa-tamento de servicios de desarrollo.al nAmero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361)826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea diri4rse a la cgmmission durant la nta u inales es limitado, favor de Ilamar al departarrento de seryiCigs de desarrollo al numero(361)826-3240 al menos 48 horas antes_ de la junta Dara solicitor un inOrprete ser oresente duranLq19iu_nJC CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0718-04 May Dev, LP.has petitioned the City of Corpus Chris:i to cors:cer a change of zo•)ing from ne-CG-2" General Commercial District to the"IL" Light Industrial District, resulting in a change to the Future Land Use Map.The property to be rezcned is described as: 7601 South Padre Island Drive(State Highway 358)and 5246 Lexington Road and Lot 5 and 6, Block 1, Bridgepointe Landing, located at the southeast corner of the intersection of South Padre Island Drive and Lexington Road, and north of Holly Road. The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification andlor Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday,July 25, 2018,during one 3f the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information,please call(361)826-3240. TO BE ON RECORD.THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAULED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O- BOX 9277. CORPUS CHRISTI, TEXAS 78469- 92T7. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD, NOTE In accordance with the Planning Commission By-Laws,no discussion shall he held by a member or members of this Commission with an applicant or appellant concerning an application or appeal.either at home or office,or in person, by telephone call or by letter.r. Printed Name: h ;5 Address: Ze ri—D City/State: ( ) IN FAVOR IN OPPOSITION Phone: REASON; 1 1k.9O� ` L C - I �Yloviri �o�l 71:14 Signature SEE MAP ON REVERSE SIDE Case No 0718.04 INFOR Case No.:18ZN1015 Project Manager.Andrew Dimas Propen}Owner ID:10 I Email:an d2Ccclexas.com �,Y�M 1►Y1 t�h C� �a SGr�-+n �a+/T��JI (,/AA 014 �rl < �v)c /'�11:'t� Zoning Case #0718-04 May Dev, LP. Rezoning for a Property at 7601 South Padre Island Drive (SH 358) and 5246 Lexington Road City Council Presentation September 11 , 2018 Aerial Overview Ir Vy UBJECT ®- 'G30o o�- O • t O � 2 Subject Property at 7601 South Padre Island Drive - (SH 358) and 5246 Lexington Road �irArf��bst�f cc-� ro It s �4 _ 3Sg Fwr fiwY��A. E S( qhO ,.r � r .,..: Vicinity Map a N, > Imo#OpenStreeCbAap and mntributrm, CreativeC—...-Sh_Alk. �"+s, f License:CC-9Y--SA) �F "0""ff 3 -� Zoning Pattern Oo ooq p I Sol CO CO-22 2o07 R24 �aoeQ ISM 0 MCS EM 1 I: 4 Planning Commission and Ir Staff Recommendation Denial of the "IL" Light Industrial District in lieu thereof Approval of the "CG-2/SP" General Commercial District with a Special Permit (SP). r Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is "Vehicle Service, Heavy" as defined by the Unified Development Code (UDC). All vehicle service and repairs must be done within an enclosed building and must follow all federal, state, local regulations. 2. Setback: A setback at a minimum of 20 feet shall be maintained from the eastern property line. No buildings or storage shall be allowed within the setback. 3. Screening: A solid 6-foot screening fence shall be installed along the eastern property line. 4. Hours of Operation: The hours of operation shall be from 7:00 AM to 9:00 PM Monday through Saturday. Special Permit Conditions Ir 5. Lighting: All security lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line near all public roadways and residential development. 6. Outdoor Paging Systems/Intercom Systems: Outside paging, speakers, telephone bells, or similar devices are prohibited. 7. Vehicular Access: Exiting of vehicular traffic shall be limited to right turn only onto Lexington Road and shall not drive thru the residential neighborhood located to the south of the subject property. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Preliminary Site Plan Ir 8q h qRR Baa le 6-foot Screening t 20-foot Fence Setback (No Storage I or Building t EQ TF , Public Notification 14 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer 3 h�ftMn Notification Area 5 `k/yO r� °R Opposed: 4 (53.12%) RS s SUBJECT In Favor: 0 H F f4 UDC Requirements Ir - Buffer Yards: IL to RS-6: °st ro Type D: 20' & 20 pts. " IL to RM-3: .. HyyY kcb 3s, "►, ,. wy `w3s8 Type C: 15' & 15 pts. �f Sp4pRF. Fir IL to CG-2: Type A: 10' & 5 pts. �P Setbacks: Street: 20 feet Side: 40 feet (Res.Adj.) z Rear: 40 feet (Res.Adj.) k Parking: 1:500 SF GFA(Indoor) 1 00 SF (Outdoor Lot) „y 10,0 O of r- ro,' ri ♦r„ra � t - Landscaping, Screening, and Lighting r41Standards Uses Allowed: Light Industrial, Retail, y / Offices, Vehicle Sales, Bars, and Storage se �o o� � F v hORPO RASE 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of September 11, 2018 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 17, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director NinaM@cctexas.com (361) 826-3276 Ordinance amending the Unified Development Code CAPTION: Ordinance amending the Unified Development Code regarding defined terms, exceptions from platting requirements, minor, amending or vacating plat review applicability, commercial districts permitted uses, commercial use categories, specific standards, bar, tavern or pub, water trust fund, and wastewater trust fund. PURPOSE: The purpose of this item is to report to the City Council on Staff's Written Interpretations of the Unified Development Code (UDC), and Planning Commission and Staff's recommendations to amend the UDC to codify the written interpretations, and make additional amendments based on recent cases at Development Services. BACKGROUND AND FINDINGS: Section 3.23.3.13 of the Unified Development Code (UDC) states that on an annual basis, written interpretations of the UDC shall be summarized in a report to the Planning Commission, Board of Adjustment and City Council. Based on the report, City Council shall authorize such UDC text amendments as it deems appropriate, to be processed in accordance with Section 3.2 of the UDC. Staff has drafted a text amendment to the UDC to codify a written interpretation of the UDC clarifying what is considered a "Minor Plat." Staff has also drafted four additional text amendments based on recent cases and circumstances that Staff believes warrant attention. At its July 25, 2018 meeting, Planning Commission recommended approval of these text amendments. The text amendments are summarized below. • Exception from Platting Requirement for State-Owned Properties on Beaches, Bays, and Submerged Lands, administered by the Texas General Land Office. Because the Texas General Land Office (GLO) does not permit the 1 platting of state-owned lands administered by the GLO, Staff recommends an amendment adding such lands to the list of exceptions from platting requirements. • Clarifying "Minor Plats." This amendment codifies a written staff interpretation, Informal Staff Report dated June 16, 2015, from Dan Grimsbo, P.E., then-Director of Development Services, to Development Services Staff. The amendment also aligns the UDC with state law. The amendment clarifies that a "Minor Plat" refers only to the combination or consolidation of already-platted lots, and not the splitting or creation of new lots. Regarding the cap of "four or fewer lots," to qualify as a minor plat, this amendment also clarifies that it is the number of lots at the end of the consolidation process, not at the beginning, that determines whether the replat is minor. • Distance from a Bar, Tavern, or Pub, to Churches, Schools, Daycare centers and Public Hospitals. To make the UDC consistent with the Municipal Code, this amendment reduces the distance required between a bar, tavern or pub, and a place of worship or school, from 1,000 feet, to 300 feet. It uses the more general term, "public or private school" as used in the Municipal Code. It also adds "public hospital" as a category of use that must also be buffered from a bar, tavern or pub, to make the UDC consistent with the Municipal Code. Staff also recommends, as an amendment from the floor, that the text be changed from "Day Care use" to "daycare center," again, so that the UDC is consistent with the Municipal Code. • Eliminating the 5.5 percent interest payment with water and wastewater lot/acreage fee refunds. In response to a recommendation of the Audit Report of April 9, 2018 on Development Services Funding for Developer Agreements, this amendment eliminates the 5.5 percent interest payment required with all refunds of water and wastewater lot/acreage fees previously paid during the platting process, for those plat applicants who are not required to construct a water or wastewater line during the platting process, but who nevertheless pay the lot/acreage fee during the platting process, and where a water or wastewater line ultimately does not serve the property within a 10 to 20 year time frame after the plat is filed. • Smoking Lounges. Because of recent interest, this amendment creates a new zoning principal use, smoking lounges, within the Indoor Recreation Use Category. Because the expected late evening operating hours of such an establishment would have a similar impact on an area as bars, pubs, or taverns, this use would not be allowed in Neighborhood Commercial or Office districts, but rather, it would be allowed in Commercial Resort, Commercial General, Commercial Intensive, Central Business District, and Business Park zoning districts. ALTERNATIVES: Denial or alteration of proposed text amendments. OTHER CONSIDERATIONS: The draft ordinance is posted on Development Services website for comment. Notice of a public hearing was published in the Corpus Christi Caller Times on Monday, August 2 27, 2018. CONFORMITY TO CITY POLICY: The proposed text amendment conforms to City policy. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: A public hearing was held on Wednesday, July 25, 2018 and Planning Commission recommended approval. Staff recommends approval of the amendments. LIST OF SUPPORTING DOCUMENTS: Ordinance 3 Ordinance amending the Unified Development Code regarding defined terms, exceptions from platting requirements, minor, amending or vacating plat review applicability, commercial districts permitted uses, commercial use categories, specific standards, bar, tavern or pub, water trust fund, and wastewater trust fund. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's Unified Development Code ("UDC"); WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 25, 2018, during a meeting of the Planning Commission when the Planning Commission recommended approval of the proposed UDC amendments, and on Tuesday, September 11, 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; 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. UDC Article 3 "Development Review Procedures", Section 3.8 Subdivision Plat Review, Subsection 3.8.2 Exceptions From Platting Requirements are amended by adding the following language that is underlined (added) as delineated below: 3.8.2. Exceptions From Platting Requirements J. Land, including submerged lands, owned by the State of Texas and administered by the Texas General Land Office. SECTION 2. UDC Article 3 "Development Review Procedures", Section 3.10. Minor, Amending or Vacating Plat Review, Subsection 3.10.1 Applicability, Subsection 3.10.1.A. Minor Plat are amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 3.10.1. Applicability Minor, amending or vacating plats may be approved by the Assistant City Manager of Development Services in accordance with this Section. A. Minor Plat 1. A minor plat is aRy replat for the combining or consolidating of any number of existing, platted lots, if the replat results in four or fewer lots fronting on an existing streets does not increase the number of lots, and does not require+ the creation of any new street or the creation or extension of municipal facilities or improvements. (Ordinance 030832, 05/02/2016) (Ordinance XXXXXX —/—/201_) 2. Any plat that requires a waiver from subdivision design and improvement standards of this UDC shall not be processed as a minor plat. (Ordinance 030832, 05/02/2016) SECTION 3. UDC Article 5 "Use Regulations", Section 5.2 Specific Standards, Subsection 5.2.7 Bar, Tavern or Pub is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: 5.2.7 Bar, Tavern or Pub A bar, tavern or pub shall be permitted in accordance with the use tables in Article 4 provided that the bar, tavern or pub shall not be located any closer than a;ABA feet from a place of worship, or elementary, middle „r hi`rh public or private school 2nd 30A feet from 2 Day rare „moo daycare center, or public hospital." [remainder of Section 5.2.7 to remain] SECTION 5. UDC Article 8 "Subdivision Design and Improvements, Section 8.5 Trust Fund Policy, Subsection 8.5.1 Water Trust Fund, Subsection 8.5.1.D Main Not Within One Mile of Property, and Subsection 8.5.1.D.2, is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: c. The property is not likely to be served with such water lines within five years. i. Any refunds shall only be made when monies are fully available in, and appropriated from the Water Arterial Transmission and Grid Main Trust Fund. The order of reimbursement will be determined according to the date the application for refund is approved by the City Council. Doi ceffunds ,h-II ir,n11 irlo 5.504- iRteFeStPer ar,r,i i.M. 46-D.M. tht-Q f the fili�ef toe final plat �`� "� mTc�--�rCr ii. Governmental entities, water control districts, or authorities, other than the City, which have provided for the furnishing of an approved water supply to a tract of land for which a lot or acreage fee has been paid to the City may apply to the City for a reimbursement of the lot or acreage fee paid on such tract if such fee has not already been refunded to the lot owners. SUGh FefURd shall G16ide peF aRRUm #ern the rl;;4o of the filing of the final plat. SECTION 6. UDC Article 8 "Subdivision Design and Improvements, Section 8.5 Trust Fund Policy, Subsection 8.5.2. Wastewater Trust Fund, Subsection 8.5.2.G Exemptions, Subsection 8.5.2.G.1.c is amended by adding the following language that is underlined (added) and deleting the language that is stricken Ld-el�as delineated below: c. The property is not likely to be served with such wastewater lines within five years. L Any refunds shall only be made when monies are fully available in, and appropriated from the Wastewater Trunk Line Trust Fund. The order of reimbursement will be determined according to the date the application for refund is approved by the City Council. oof„r,-s sh.;ll ir,.l,,do 5 F0i 0RteFeSt pee aRR im frnm fho of the filing of the final plat ii. Governmental entities, wastewater control districts, or authorities, other than the City which have provided for the collection or treatment of sanitary sewage to a tract of land for which a lot or acreage fee has been paid to the City may apply to the City for a reimbursement of the lot or acreage fee paid on such tract if such fee has not already been refunded Page 2 of 5 to the lot owners. 2- irh rofi incl shall inrli idea F 540/ 0n4oroc4 nor anni im frnm Oho rlR49 of the filing of the final plat SECTION 7. UDC Article 1 "General Provisions", Section 1.11 "Definitions", Subsection 1.11.3 "Defined Terms" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted; as delineated below: 1.11.3. Defined Terms Smoking Lounge: a business establishment that is dedicated, in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc. SECTION 8. UDC Article 4 "Base Zoning Districts", Section 4.5 "Commercial Districts", Table 4.5.2 "Permitted Uses (Commercial Zoning Districts)" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: P = Permitted Use L = Subject to Limitations SUE _ Special Use Exception SP = Special Permit z z z 0Y C7 a _ m a-Standards [blank cell] = Not Permitted v v O v v v v v v v m Commercial Uses Commercial Parking Uses[5.1.4.A] P P P P P P P P P P P Indoor Recreation Uses[5.1.4.B] P P S P P P P P P P P Bar,tavern or pub L L L L L L L L 5.2.7 Smoking Lounge P P P P P P P P Page 3 of 5 SECTION 9. UDC Article 5 "Use Regulations", Section 5.1 "Use Categories", Subsection 5.1.4 "Indoor Recreation" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (de4eted) as delineated below. Characteristics: General commercial uses, varying in size, providing daily or regularly scheduled recreation-oriented activities in an indoor setting. Principal Uses Accessory Uses Uses Not Included u itonum Associated offices Aquarium (see Bar, tavern or club Concessions Community Service) Exposition building Food preparation and Art gallery(see Indoor entertainment activities dining areas Community Service) such as billiard halls, bowling Off-street parking Athletic or health club (see alleys, pool halls, dance halls, Satellite dish antenna under Retail Sales and Service) indoor firing ranges, movie or 3.2 feet* Library (see Community other theaters, and skating Service) Museum (see rinks Community Service) Senior Membership club or centers (see Community lodge Natatorium Service) Smoking Lounge Youth club facilities (see Sexually oriented business Community Service) SECTION 10. 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 may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 11. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1, and Article 10 of the UDC. SECTION 12. 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. 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 5 of 5 Report of Annual Written Interpretations of UDC and Proposed UDC Text Amendments City Council Presentation September 11 , 2018 - Annual Written Interpretation Report • UDC Section 3.23 .3. 8: annual report of written interpretations of the UDC, to the Planning Commission , BOA, and City Council • Based on the report, City Council authorizes UDC text amendments as appropriate Exception from Platting Ir • UDC 3.8.2: Land, including submerged lands, owned by the State of Texas and administered by the GLO s,fta A ft� 7 aw 4 2,• t Exception from Platting 8.8.2. Exceptions From Platting Requirements J. Land, including submerged lands, owned by the State of Texas and administered by the Texas General Land Office. 4 Minor Plats Before: Existing Platted Lots with loot numbers 1 2 3 4 5 5 7 S 16 15 14 13 12 11 10 9 i Ater. F2e lafted, Combined Lots with revised lot numbers 1R 3R 5R 7R Minor Plats 3.10.1. Applicability Minor, amending or vacating plats may be approved by the Assistant City Manager of Development Services in accordance with this Section. A. Minor Plat 1. A minor plat is any plat-pa-Epplat for the combining or consolidate ng of any number of existing, platted lots, if the replat results in four or fewer lots fronting on an existing street., does not increase the number of lots, and does not re uc i the creation of any new street or the creation or extension of municipal facilities or improvements. (Ordinance 030832, 0510212016) (Ordinance XXXXXX —/-1201_) 2. Any plat that requires a waiver from subdivision design and improvement standards of this UDC shall not be processed as a minor plat. (Ordinance 030832, 05/02/2016) Distance to Bar, Tavern or Pub 5.2.7 Bar, Tavern or Pub A bar, tavern or pub shall be permitted in accordance with the use tables in Article 4 provided that the bar, tavern or pub shall not be located any closer than A 300 feet from a place of worship, or elementary, middle or higil public or private school,;Ind 300 feet frnm a Day rare use daycare center, or public hospital." [remainder of Section 5.2.7 to remain] 7 Distance to Bar, Tavern or Pub Differences in Text and Buffer Distances for Alcoholic Beverage Establishments, Corn ring IDD and Municode, UDC 5.2.7 Municipal Dade -5 "bar, tavern or pub" "shah not be "No per-sorr may maintain a located any closer than ...... place of business that dispenses alcoholic beverages ... within 300 feet of an " place of 1,000 ft. `church" 300 ft. worship": elementary, 1,000 ft. ;public or 300 ft. middle, or high private school" school" "Day Care use" 300 ft. "daycare 300 ft. center" public not listed, "public 300 ft. hospital no restriction hospital" Eliminate 5.5% Interest Paid with Water & Wastewater Lot/Acreage Fee Refunds Ir • Recommended by Audit Report of 4/9/2018 on Development Services Funding for Developer Agreements — "to review UDC provisions related to refunding lot/acreage fees, paying interest and interest rate." • Interest rate from 2013 to 2017 for the trust funds has been less than 1 % Eliminate 5.5% Interest Paid with Lot/Acreage Fee Refunds: _ Water: UDC 8.5.1 .D.2.c c. The property is not likely to be served with such water fines within five years. i. Any refunds shall only be made when monies are fully available in, and appropriated from the Water Arterial Transmission and Grid Main Trust Fund. The order of reimbursement will be determined according to the date the application for refund is approved by the City Council. Reds Ad; r,#;;Il Iii Fi� r ani rnfrfr{ t e dated .f the filing of the final ii. Governmental entities, water control districts, or authorities, other than the City, which have provided for the furnishing of an approved water supply to a tract of land for which a lot or acreage fee has been paid to the City may apply to the City for a reimbursement of the lot or acreage fee paid on such tract if such fee has not already been refunded to the lot owners. Suph refund- shall Innlud-8 5.85% interact per annurm from tha elate of the filing of the final plat 1 C� Eliminate 5.5% Interest Paid with Lot/Acreage Fee Refunds: _ Wastewater: UDC 8.5.2.G.1 .c c. The property is not likely to be served with such wastewater lines within five years. i. Any refunds shall only be made when monies are fully available in, and appropriated from the Wastewater Trunk Line Trust Fund. The order of reimbursement will be determined according to the date the application for refund is approved by the City Council. Refsshallduda interest ear anni irn frnrn the d;;te of the filing of the final plat ii. Governmental entities, wastewater control districts, or authorities, other than the City which have provided for the collection or treatment of sanitary sewage to a tract of land for which a lot or acreage fee has been paid to the City may apply to the City for a reimbursement of the lot or acreage fee paid on such tract if such fee has not already been refunded to the lot owners. Sun-h refund- shall innliirle 5 5 interact per annum frorn the rate of the filing of the final plat 11 SmokingLounges Ir SmokingLige: a business establishment that is dedicated , in whole or in part, to the smoking of tobacco products, electronic cigarettes, or other substances, including but not limited to establishments known variously as cigar lounges, hookah lounges, tobacco clubs, tobacco bars, etc. Smoking Lounges 5.1 .4. Commercial Use Categories 5.1 .4.6. Indoor Recreation C:haracteristics:[general commercial uses,varyinq in size,providinq da 1v or reqularly scheduled recreation-oriented activities in an indoor setting. Principal 1 ot Included u itarium Associated offices Aquarium(see Bar,tavern or club Concessions Community Service) Exposition building Food preparation and Art gallery(see Indoor entertainment activities dining areas Community Service) such as billiard halls, bowling Off-street parking Athletic or health club(see alleys,pool halls,dance halls, Satellite dish antenna under Retail Sales and Service) ndoor firing ranges,movie or 3.2 feet* Library(see Community other theaters,and skating Service) Museum(see rinks Community Service) Senior Membership club or centers(see Community lodge Natatorium Service) Smoking Lounge Youth club facilities(see Sexually oriented business Community Service) 13 Smoking Lounges Table 4.5.2 Permitted Uses (Commercial Zoning Districts) P = Permitted Use L = Subject to Limitations SUE Special Use Exception cv 1� I? P = Special Permit z z z w W W 6 0 Standards [blank cell] = Not Permitted 00 0 0 0001099 Commercial Uses Commercial Parking Uses[5.1.4.A] P P P P P P P P P P P IndoorRec.reationUses[5.1,4.B] P P S P P P P P P P P Bar;tavern or pub L L L L L L L L 5,2.7 Smoking Lounge P P P P P P P P Staff Recommendation Staff recommends approval of the text amendments to the Unified Development Code. se �o o� � F v hORPO RASE 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of September 11, 2018 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 17, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director NinaM@cctexas.com (361) 826-3276 Ordinance amending the Unified Development Code to remove the floodplain administration language CAPTION: Ordinance amending the Unified Development Code to remove the floodplain administration regulations; and providing for penalties. PURPOSE: The purpose of this item is to remove redundant language from the Unified Development Code (UDC) that is adopted by ordinances in the Code of Ordinances Chapter 14. BACKGROUND AND FINDINGS: The City has adopted minimum floodplain management language as required by Chapter 44 of the Federal Code of Register section 60.3 as the City's Flood Hazard Prevention Code within the Code of Ordinances, Chapter 14, Article V. The language found within the Unified Development Code is redundant and some portions are conflicting with Chapter 14. To ensure language is consistent and avoid confusion the amendment removes the language from the UDC. ALTERNATIVES: Denial or alteration of proposed text amendments. OTHER CONSIDERATIONS: The draft ordinance is posted on Development Services website for comment. Notice of a public hearing was published in the Corpus Christi Caller Times on Monday, August 27, 2018. CONFORMITY TO CITY POLICY: The proposed text amendment conforms to City policy. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None RECOMMENDATION: A public hearing was held on Wednesday, July 11 , 2018 and Planning Commission recommended approval. Staff recommends approval of the amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Unified Development Code to remove the floodplain administration regulations; and providing for penalties WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding this amendment of the City's 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 when the Planning Commission recommended approval of the proposed UDC amendments, and on Tuesday, September 11, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, these regulations also exist in the Corpus Christi Code of Ordinances Chapter 14, Development Services, Article V, Flood Hazard Prevention Code; and WHEREAS, the City Council has determined that this amendment to the UDC would best serve the public's health, necessity, 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. UDC Article 1 "General Provisions", section 1.11 "Definitions" subsections 1.11.2 "Abbreviations" and 1.11.3 "Defined Term" are amended by adding the following language that is underlined (added) and deleting the language that is stricken (meted) as delineated below: 1.11.2. Abbreviations Abbreviation Term GG9 A4 Flood ErnergenGy Management AgenGy 1.11.3. Defined Terms ^ /+y an-n~el ry Of Challn-IM Flooding-; A de�TFted AQ, ti , er VC) Ze Re—� tleGity's eed r4s­raAr_e rate map (FIRM) with a 0 ho o May fl 9W nih oro ir�r�rorlin4�hlo �r�lJ �iolGni4�i l,�ni May �ii rJ ori4 ' 0 FIRM , A! 99, yin V! 30, vG „rV Ve ni+„ TStAGI IMIS GF GmeiGMiG6G61FGeS. Existing MansifvvtilrAd HnmpD2rk Or S,,hdmvTaman / t m�I raAl lfaEA{lred h^mo park er Of yt,,S r GG'�iey'ted b he ro t' effeGt1Ve--date of the flr'edplaiN rnaRagomoN4 plan may be reforro`•!4^ ovic4iRg 64N in4i iroc ,•doliNea nate-! h^4h the areas ^f Cr,oni;l fleed- ha;-•arrdC beth the areas ef spL-Qr--E;-;l fle-c9d -;;Ad- the Fisk pre....' appliGable 49the GG-Fn Fn lRi4„ fr^m ']N„C^i irn^ (Coo ,d^fiNi4iIYN ^f FlGerdmRg) prev for the p6irpese nr+N c4ri in4ir�N N^v4 49 4h^ r,r^nese d ,.4-ally r,f •; Cori in4i ire 6ewA6t Fmiar- ThLQ 644e6f fievr Af the lewe6f epGG06ed aFea, ORG1U•dtRRg--aba6emeRtj pFev I Subdivision, of streets, and either fiRal site gradmRg er the P961FORg 9 f GGRGrete pads) 06 GGR;pItQttQd AR A Page 2 of 6 Mean Sea Level, For p6irpeses of the National Flood IR66IFaRGe Program, t on the Gity's floor•! incl Fa RGe Fate maps are referennel•! PFimaFy IFFental Dune. A GGRtOR619616 9F nearly GGRtOR619616 M96IRd 9F Fidge of sand with Felatively steep seaward and landward Nepes immedinately landward and adjaGeRt to the beaGh storms. The inland limit of the primary frontal dHRe OGGHO at the Point where there 06 a dictinnt rhaRge from a relatively steep slope to a relatively mild slope Substandall Damage, Damage of any origin s6istaiRed -by a StFHGtHre whereby 0 marl al,ie of the Q in4i ire before the darnago GG irrei-1 mcmcet�/zrtcrc-ar acres ccsn�cscr��r�crn�rarrrc�c�ccarrca. of a StFHct6ire,ttte GGSvtofof `ter-egHalsx eXGeeds 50.04 of the—marrket `�uTu�9f t�}e StFHGtHre before start of GGR6tF61GtiGR of the improvement. This ORG16ides StF61G have MGM& SHWARbal damage, regardless of the aGt6ial repair work peFfqFm does not in hGweyer rli irde either r 1 y rrejeGt for v^vement of a GtKNEt{lreto EAir-"reGt existing violations rrr - ildoef ntitf- erleGal health, San�ter�,-orrSafe�` Goro spenifiGatiGRG Whinh have been ie rl by the IGG l lode-eRfrcrEemeRt offiWal and Whiiehare-the riniFF161M ReGessair-y _. Any--aakima-hen ori--o -can hiGteriiG 6tF61ct61reof the alteration Will not pFeG'dethe strHAHrel ron4ini lord designation as an hictnrin stn irti ire SECTION 2. UDC Article 2 "General", is amended by repealing section 2.11 "Floodplain Administrator" in its entirety. SECTION 3. UDC Article 2 "General", Section 2.12 "Summary of Review Authority," is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below. § 2.12. Summary of Review Authority The following table summarizes the powers and duties established in this Article. • � v ❑ c o °' c o U D O U Q O v >= L != L Ill L a N a O N 01 N 7 N y to O O E O N V C N R•V E E ; •C E U Procedure m oa min JU mm m � aU U Building Official Action Page 3 of 6 Building Permit D 3.18 Certificate of Occupancy D Sign Permit for Construction Only D 3.20 Temporary Use Permit D 3.21 Assistant Directorfor Planning Annually Renewable Sign Permit I D Assistant City Manager of Development Services Action Beachfront Construction D*/R 3.14 Certificate Site Plan D 3.17 Written Interpretation D 3.23 Administrative Adjustment D 3.24 Landmark Commission Action Certificate of Appropriateness R D 3.15 Certificate of Appropriateness for R D/P 3.16 Demolition Building Gode Board n Adjustment An-fim on Board of Adjustment Action Special Use Exception D/P 3.12 Variance R D/P 3.25 Appeal of Administrative Decision D/P 3.27 Planning Commission Action Preliminary Plat D 3.8 Final Plat D 3.8 Replat Without Vacation D 3.11 Dune Protection Permit* R D 3.13 Beachfront Construction D D 3.14 Certificate— City Council Action Unified Development Code Text R R/P D/P 3.2 Amendment Zoning Map Amendment RR/P D/P R/P 3.3 (Rezoning) *H Historic Overlay District or R R/P R/P D/P 3.4 Landmark Designation Planned Unit Development R/P D/P 3.5 Special Permit R/P D/P 3.6 R= Review or Recommendation D= Decision P= Public Hearing Required D*= Provided standards in 3.14.3 are met *=Planning Commission acts as Beach/Dune Committee for Kleberg County beach areas * H For property with a current or proposed Historic Overlay zoning district or Landmark designation Note: Nueces County has authority to approve Dune Permits in Nueces County. Corpus Christi has the authority to approve Dune Permits in Kleberg County. SECTION 4. UDC Article 3 "Development Review Procedures", is amended by repealing section 3.22 "Floodplain Permit" and section 3.26 "Floodplain Variance" in its entirety. SECTION 5. UDC Article 7 "General Development Standards", is amended by repealing section 7.8 "Floodplain Hazard Reduction" in its entirety. Page 4 of 6 SECTION 6. Corpus Christi Code of Ordinance, Chapter 14, Article V. FLOOD HAZARD PREVENTION CODE as adopted by Ordinance No. 25467 is readopted in its entirety. SECTION 7. 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 may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 8. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 9. 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 10. Effective date. This ordinance takes effect on upon publication. Page 5 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 6 of 6 UDC Text Amendment City Council Presentation September 11 , 2018 Cross Reference Unified Development Code Amendments to sections: UDC Code of Ordinances Summary 1.11.2 "Abbreviations"and 14-521 Three (3) abbreviations 18 1.11.3 "Definitions" definitions exclusive to floodplain management 2.11 "Floodplain 14-541, 14-542 Designation and Administrator" responsibilities of the Floodplain Administrator 2.12 "Summary of Review 14-541, 14-542 Review authority for Authority" floodplain permits and variances Cross Reference Unified Development Code Amendments to sections: UDC Code of Ordinances Summary 3.22"Floodplain Permit" 14-543 Floodplain permitting process and requirements 3.26"Floodplain Variance" 14-544 Floodplain variance procedures requirements 7.8"Floodplain Hazard 14-551, 14-552, 14-553, Construction standards for Reduction" 14-554, 14-555, 14-556 Special Flood Hazard Areas UDC Text Amendment • Remove redundant Flood Hazard Prevention Code language from the UDC. • These regulations are referenced in City Code of Ordinances Chapter 14, Article V. • Eliminates conflicting language between the UDC Chapter 14 language to comply with FEMA regulations. Recommendations • Approval ,�vs ct v /' p PPp RM1T Ea 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of September 11, 2018 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 17, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director NinaM@cctexas.com (361) 826-3276 Adopting the Preliminary Flood Insurance Rate Maps CAPTION: Ordinance amending the Code of Ordinances to adopt the preliminary flood insurance rate maps; and providing for penalty. PURPOSE: The purpose of this item is to revise the adopted Flood Hazard Prevention Code to adopt the Preliminary Flood Insurance Rate Maps. BACKGROUND AND FINDINGS: The City has adopted Flood Hazard Prevention Code within the Code of Ordinances, Chapter 14, Article V which was last revised by Ordinance 25647 on September 9, 2003. The proposed ordinance provides for language to adopt the Preliminary Flood Insurance Rate Maps. Preliminary Flood Insurance Rate Maps Preliminary Flood Insurance Rate Maps that are within the City of Corpus Christi's jurisdictional bounds have been finalized by FEMA and are closed for any further appeals. As such, the City can choose to adopt these for construction purposes as all the appeals process for the County is being completed. Adopting the Preliminary Flood Insurance Rate Maps for construction purposes does not make them final and effective and will not change any insurance requirements. However, when adopting the preliminary FIRMs for construction purposes the more stringent regulation prevails for construction permitting purposes. This will benefit applicants because new construction projects resulting in non- conformance would be subject to significantly higher flood insurance rates.City Council requested that staff move forward with preliminary FIRM adoption and conduct higher standards outreach on May 22, 2018. Outreach Outreach for preliminary FIRM adoption has been conducted in the past two months with the following boards/groups: • Costal Bend Home Builders Association • Island Strategic Action Committee • North Beach Community Association • Oso Parkway Community • Building Code Board of Appeals • Planning Commission Feedback was favorable for adoption of the preliminary FIRMs. ALTERNATIVES: Denial or alteration of proposed amendments. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendment conforms to City policy. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: 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 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Code of Ordinances to adopt the preliminary flood insurance rate maps; and providing for penalty WHEREAS, the City of Corpus Christi received Preliminary Flood Insurance Rate Maps on October 23, 2015. WHEREAS, The City submitted on appeal along the Oso Creek area in 2016. WHEREAS, the appeal findings are final, and the City was issued Revised Preliminary Flood Insurance Maps on May 30, 2018. WHEREAS, The City can adopt the Preliminary Flood Insurance Rate Maps for construction purposes. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That Corpus Christi Code of Ordinances, Chapter 14 "Development Services", Article V "Flood Hazard Prevention Code," Section 14-532 "Basis for establishing the areas of special flood hazard" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: The areas of special flood hazard identified by the Federal Emergency Management Agency in a scientific and engineering report6 entitled, The Flood Insurance Study for Corpus Christi, dated September 17, 1992,The Flood Insurance Study for Nueces County Unincorporated Areas, dated May 4, 1992, and the Preliminary Flood Insurance Study for Corpus Christi, dated October 23, 2015, with accompanying flood insurance rate maps dated September , 1992 July 18, 1985 for the City of Corpus Christi, March 18, 1985 for Nueces County Unincorporated, and preliminary flood insurance rate maps dated October 23, 2015 and flood boundary-floodway maps (FIRM and FBFM) and any revisions thereto are hereby adopted by reference and declared to be a part of this code. Base flood elevation construction requirements are determined by utilizing the most stringent requirement in either the effective or the preliminary Flood Insurance Study or flood insurance rate maps. Section 2. Publication shall be made in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. Section 3. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Section 14-207 and Section 1-6 of the Corpus Christi Code of Ordinances. Section 4. 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, since the same would not have been acted by the City without the Page 1 incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 5. Effective date. This ordinance takes effect on upon 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 Page 2 Floodplain Management Code of Ordinances Amendment City Council Presentation September 11 , 2018 Preliminary Flood Insurance Rate Map Adoption Preliminary Map Adoption • Municipalities have the option of adopting the preliminary FIRMs for construction purposes. • Adopting the preliminary FIRMs for construction purposes protects the homeowner from paying higher flood insurance premiums once the final FIRMs are adopted and effective. • Currently, the preliminary FIRMs are used as best available data as an advisory, but since they are not adopted we cannot enforce compliance at building permit and construction. Outreach • Coastal Bend Home Builders Association • Island Strategic Action Committee • North Beach Community Association • Building Code Board of Appeals • Planning Commission • Oso Creek Appeal Area Feedback was favorable for adoption of the Preliminary Flood Insurance Rate Maps. ,�vs ct v /' p PPp RM1T Ea 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of September 11, 2018 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 17, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon-Mendez, FAICP, Director NinaM@cctexas.com (361) 826-3276 Amending the Code of Ordinances to Adopt Higher Standards for Flood Hazard Prevention CAPTION: Ordinance amending the Code of Ordinances, Chapter 14, Article V, Flood Hazard Prevention adopting higher standards. PURPOSE: The purpose of this item is to revise the adopted Flood Hazard Prevention Code to include minimum language adopting higher regulatory standards. BACKGROUND AND FINDINGS: The City has adopted Flood Hazard Prevention Code within the Code of Ordinances, Chapter 14, Article V which was last revised by Ordinance 25647 on September 9, 2003. The proposed ordinance provides for language to adopt higher regulatory standards. Higher Standards The City is a participant in a voluntary program of the National Flood Insurance Program called the Community Rating System (CRS). This program provides points for going above and beyond the minimum standards of a participating community. The points offer different class ratings which result in premium discounts for flood insurance policies in a special flood hazard area. Currently, the City is a class 7 with 1,689 points which is 311 points away from a class 6. Being a class 7 community provides for a 15% discount and a class 6 would provide a 20% discount. Adopting higher standards promotes increased public health, safety, and general welfare by minimizing public and private losses due to flood conditions in areas of special flood hazard. The ordinance provides language for the following higher standards that if once adopted would revise our minimum requirements. Freeboard which is a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than depicted on Flood Insurance Rate Maps such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed. Staff is currently proposing 1' of freeboard for adoption but can adopt any freeboard requirement dictated by Council. Freeboard would only apply to new construction and additions and not substantially damaged or substantially improved structures. Adoption of freeboard provides up to 100 points. Limit of Moderate Wave Action (LiMWA) is an area directly behind a Velocity zone where there are anticipated waves heights of 1.5' to 3' also known as the Costal AE zone. If adopted, the Coastal AE zone would enforce new construction to be constructed with Velocity Zone standards with elevated foundations on piers, pilings, or columns without the use of structural fill in lieu of slab-on-grade construction. This development standard helps to prevent erosion, scour, and foundation failure in the event of a surge event. Substantial Improvement would not have to meet the LiMWA standards. Adoption of LiMWA provides up to 500 points. Non-Conversion Agreement is an agreement for new construction that has an area below the base flood elevation that is not enclosed. The agreement would require that enclosing the area require a permit and that it be used solely for parking, access or storage and not converted to a habitable space after the certificate of occupancy has been issued by Development Services.Adoption of a non-conversion agreement provides up to 90 points. Outreach Outreach for higher standards has been conducted in the past two months with the following groups: • Costal Bend Home Builders Association • Island Strategic Action Committee • North Beach Community Association • Planning Commission • Building Code Board of Appeals Feedback was favorable for adoption of the higher standards. The proposed amendment was posted on the Development Services webpage. ALTERNATIVES: Denial or alteration of proposed amendments. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed text amendment conforms to City policy. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: 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 Fund(s): Comments: None RECOMMENDATION: Staff recommends approval of the amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Code of Ordinances to revise the current language found in the Flood Hazard Prevention Code allowing for Higher Standards; and providing for penalties WHEREAS, the City can adopt higher floodplain management standards to promote increased public health, safety, and general welfare by minimizing public and private losses due to flood conditions in areas of special flood hazard. WHEREAS, the City is a participant in a voluntary program of the National Flood Insurance Program called the Community Rating System. This program provides points for going above and beyond the minimum standards of a participating community. WHEREAS, adopting higher standards provides additional points that can help to reduce flood insurance premiums for flood insurance policies in a Special Flood Hazard Area. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That Corpus Christi Code of Ordinances, Chapter 14 "Development Services", Article V" Flood Hazard Prevention Code,"Section 14-552 "Specific standards" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: In all areas of special flood hazards where base flood elevation data has been provided as set forth in section 14-522, section 14-532(8), or section 14-543(c), the following provisions are required: (1) Residential construction. New construction an�'�staR+i ovemeR of any residential structure must have the lowest floor(including basement), elevated to 1 one foot ;U A above the base flood elevation. Substantial Damage and Substantial Improvement must have the lowest floor (including basement), elevated to at or above the base flood elevation. A registered professional engineer, architect, or land surveyor shall submit a certification to the floodplain administrator that the standard of this subsection as proposed in section 14-533(b)(1), is satisfied. (2) Nonresidential construction. New construction and S, bStaRtial irnpFGverneRtG of any commercial, industrial, or other nonresidential structure must either have the lowest floor (including basement) elevated to 1 (one)foot a#-G�F above the base flood level or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. Substantial Damage and Substantial Improvement must have the lowest floor (including basement), elevated to at or above the base flood elevation or together with attendant utility and sanitary facilities, be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional engineer or architect shall develop and/or review structural design, specifications, and plans for the construction, and shall certify that the design and methods of construction are in accordance with accepted standards of Page 1 practice as outlined in this subsection. A record of such certification which includes the specific elevation (in relation to mean sea level) to which such structures are flood- proofed shall be maintained by the floodplain administrator. (4) Manufactured homes. a. All manufactured homes to be placed within zone A on a city's FHBM or FIRM must be installed using methods and practices which minimize flood damage. 1. For the purposes of this requirement, a manufactured home must be elevated and anchored to resist flotation, collapse, or lateral movement. 2. Methods of anchoring may include, but are not limited to, use of over-the-top or frame ties to ground anchors. 3. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces. b. Manufactured homes that are placed or substantially improved within zones Al-30, AH, and AE on the city's FIRM must be on sites: 1. Outside of a manufactured home park or subdivision. 2. In a new manufactured home park or subdivision. 3. In an expansion to an existing manufactured home park or subdivision on which a manufactured home has incurred substantial damage as a result of a flood, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to 1 (one) foot a -e above the base flood elevation and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. c. Manufactured homes must be placed on substantially improved on sites in an existing manufactured home park or subdivision with zones Al-30, AH, and AE on the city's FIRM that are not subject to the provisions of paragraph (4) of this subsection must be elevated so that either: 1. The lowest floor of the manufactured home is 1 (one) foot of e above the base flood elevation, or 2. The manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than thirty- six (36) inches in height above grade and be securely anchored to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. SECTION 2. That Corpus Christi Code of Ordinances, Chapter 14 "Development Services", Article V"Flood Hazard Prevention Code," Section 14-554"Standards for areas of shallow flooding (AO/AH zones)" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Locations within the areas of special flood hazard established in section 14-522 are designated as shallow flooding areas. These areas have special flood hazards associated with base flood depths of one (1) to three (3) feet, where a clearly defined channel does not exist and Page 2 where the path of flooding is unpredictable and where velocity flow may be evident. Such flooding is characterized by ponding or sheet flow; therefore, the following provisions apply: (1) All new construction, and substantial irnpFGyernents of residential structures must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the city's FIRM (at least two (2) feet if no depth number is specified) plus 1 (one) foot. Substantial Damage and Substantial Improvement must have the lowest floor (including basement), elevated to at or above the highest adjacent grade at least as high as the depth number specified in feet on the city's FIRM (at least two (2) feet if no depth number is specified). (2) All new construction -Ar,- is,-lytta tial of nonresidential structures: a. Must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the city's FIRM (at least two (2)) feet plus 1 (one) foot, if no depth number is specified; or b. Substantial Damage and Substantial Improvements must have the lowest floor (including basement) elevated above the highest adjacent grade at least as high as the depth number specified in feet on the city's FIRM (at least two (2)) feet, if no depth number is specified; or c14. Together with attendant utility and sanitary facilities must be designed so that below the base flood level the structure is watertight with walls substantially impermeable to the passage of water and with structural components having the capability of resisting hydrostatic and hydrodynamic loads of effects of buoyancy. (3) A registered professional engineer or architect shall submit a certification to the floodplain administrator that the standards of this section, as proposed in section 14- 533(b)(1), are satisfied. (4) Structures within zones AH or AO must have adequate drainage paths around structures on slopes, to guide floodwaters around and away from proposed structures. SECTION 3. That Corpus Christi Code of Ordinances, Chapter 14 "Development Services", Article V"Flood Hazard Prevention Code,"Section 14-556"Coastal high hazard areas" is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: (a) Areas that have been determined to be subject to wave heights in excess 3 feet (three) or subject to high-velocity wave action or wave included erosion shall be designated as coastal high-hazard areas. Flood hazard areas that have been designated as subject to wave heights between 1 1/2 feet (one and a half) and 3 feet (three) or otherwise designated by the jurisdiction shall be designated as Coastal A Zones. These zones are subject to possible high-energy wave action, and which are identified as areas of special flood hazard established in section 14-522, are areas designated as coastal high hazard areas (including Coastal A zones and zones V1-30, VE, and/or V, where designated). (b) These areas have special flood hazards associated with high-velocity waters from tidal surges and hurricane wave wash; therefore, in addition to meeting all provisions outlined in this Code, the following provisions also apply: (1) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest structural member of the lowest floor (excluding pilings and columns) of all new and substantially Page 3 improved structures, and whether or not such structures contain a basement. The floodplain administrator maintains a record of all this information. (2) All new construction must be located landward of the reach of mean high tide. (3) All new construction and substantial damag must be elevated on pilings and columns so that: a. The bottom of the lowest horizontal structural member of the lowest floor (excluding the pilings or columns) is elevated to 1 (one) foot—at A above the base flood elevation. b. Substantial Improvements must have the bottom of the lowest horizontal structural member of the lowest floor(excluding the pilings or columns)elevated to at or above the base flood elevation. cb. The pile or column foundation and structure attached to the foundation is anchored to resist flotation, collapse, and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. 1. Water loading values used must be those associated with the base flood. 2. Wind loading values used shall be those required by applicable state or local building standards. (4) A registered professional engineer or architect shall develop or review the structural design, specifications and plans for the construction, and shall certify that the design and methods of construction to be used are in accordance with accepted standards of practice for meeting the provisions of paragraph (3)(a) and (b) of this subsection. (5) All new construction and substantial improvements must have the space below the lowest floor either free of obstruction or constructed with non-supporting breakaway walls, open wood lattice-work, or insect screening intended to collapse under wind and water loads without causing collapse, displacement, or other structural damage to the elevated portion of the building or supporting foundation system. (6) For the purpose of this section, a breakaway wall shall have a design safe loading resistance of not less than ten (10), and not more than twenty (20) pounds per square foot. (7) Use of breakaway walls, which exceed a design safe loading resistance of twenty (20) pounds per square foot (either by design or when so required by local or state codes), may be permitted only if a registered professional engineer or architect certifies that the designs proposed meet the following conditions: a. Breakaway wall collapse must result from a water load less than that which would occur during the base flood; and b. The elevated portion of the building and supporting foundation system may not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components (structural and nonstructural). 1. Water loading values used shall be those associated with the base flood. 2. Wind loading values used shall be those required by applicable state or local building standards. Page 4 (8) Enclosed space below the lowest floor may be useable solely for parking of vehicles, building access, or storage. The enclosed space below the lowest floor may not be used for human habitation. a. All enclosed areas below base flood elevation that are greater than 5 (five) feet In height will be required to sign a non-conversion agreement that will be filed with the deed. (9) The use of fill or structural support of buildings is prohibited. (10)The use of manmade alteration of sand dunes and mangrove stands, which would increase potential flood damage, is prohibited. (11) Manufactured homes, which have incurred substantial damage as the result of a flood, must meet the standards of paragraphs (1) through (10) of this subsection, if they are placed or substantially improved within zones V1-30, V, and VE on the city's FIRM on sites: a. Outside of a manufactured home park or subdivision, b. In a new manufactured home park or subdivision, c. In an expansion to an existing manufactured home park or subdivision, or (12) Manufactured homes placed or substantially improved on other sites in an existing manufactured home park or subdivision within zones V1-30, V, and VE on the city's FIRM meet the requirements of section 14-542(4) of this Code. (13) Recreational vehicles, which are placed on sites within zones V1-30, V, and VE on the city's FIRM, must either: a. Be on the site for fewer than one hundred eighty (180) consecutive days, b. Be fully licensed and ready for highway use, or c. Meet the requirements in section 14-522 of this article and paragraphs (1) through (10) of this subsection. (14) to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions. Section 4. Publication shall be made in the official publication of the City of Corpus Christi as required by City Charter of the City of Corpus Christi. Section 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Section 14-207 and Section 1-6 of the Corpus Christi Code of Ordinances. Section 6. 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, since the same would not have been acted by the City without the Page 5 incorporation into this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. Section 7. Effective date. This ordinance takes effect on upon publication. Page 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 7 Higher Standards Code of Ordinances Amendment City Council Presentation September 11 , 2018 Higher Standard Adoption CRS Discount NFIP Flood Insurance Policies (Zone A & V): 91775 Premiums without CRS discount : $7,846,033 Premium Difference EMM�� �� 15% (Class 7) $6,669,128 $1,176,905 20% (Class 6) $6,276,826 $1,569,207 25% (Class 5) $5,884,525 $1,961,508 Proposed Higher Standards • LiMWA — Limit of Moderate Wave Action • Freeboard • Non- Conversion Agreement Perimeter wall Perimeter wall Open foundation- Open foundation-- Slab-on-Till (crawlspace) (basement) column/piers plies LauoE?St Lowest Lowest Lowest Lowest Slab Tloor Freeboardfluor tlo-or floor floor .......... ........... ......... + + FE=-------------------------- ------ ------- ---- - r -- ---- -- -- -- TOFF Fill Column I MID Foun-dation wal3-� + -- -_ L . r` r Flood openings Fill Pier fountiation Zone q Footing Not to scale Coastal Zones/LiMWA COASTAL Lih1WA Wave height z 3 feet Wave height 3.0-1,5 fwt Wave height 1.5 feet BFE Flood level omit of �, -Properly e6e��ated building base including flooding _- - wave effects and waves 100-year stillwater elevationw ` -_ -_ -__-_-___ I____ __-___ Sea level I Unelevated building constructed before community entered the NFIP Sh0reline Sand beach Buildings Overland Vegetated Limit 01 SFHA v0nd!etch region Ice) Map _ .;�� � Properties in LiM1NA:2988 / _ Ice) �'�'E :�f Ice) LiMWA 7 GU SURGE �Pe, gaQus cMcM Erosion and Scour ,85z , V ? _7 A }A Freeboard • Staff is proposing 1 foot of freeboard. • What does this mean for new construction and additions? • Example - If the base flood elevation for your lot is 10' the construction requirement will be 11'. A Zones in Coastal Aruas: V Zones= 'vuhj—1 to Breaking Y.Iewr.a and Etosnn O.nnp the FL.—F food B.M.—of Lowael Hlo02nrr1a1 Stx4—M ManArer Lowest liorizontnl Structural MemberAbowe SFE(Freebamrd) AM.ya I1FE IF,oab—d) Bolcom of -,..•i,of Lowvbbt HorizontW Structural INel.W.�f .FE ❑ ❑ ❑ ❑ LI ❑1 SPE Ai-Zone Building IQpen Foundation) V-Zone Building(Open Foundation) Freeboard Insurance Examples of savings on a residential structure with 000 deductible and $250,000 building Annual 30-Year Annual 30-Year Savings Savings nPI Savings Savings 1' $2,575 (22%) $77,250 1' $537 (51%) $16,110 � Q 0 2' $4,900 (41%) $147,000 2' $700 (66%) $21,000 N N 3' $6,775 (56%) $203,250 3' $748 (71%) $22,440 Non Conversion Agreement • What is a Non-Conversion Agreement? •Agreement used when community determines that areas below the first floor could convert to non-conforming • What does this mean for new construction? •Agreement signed by owner when applying for Certificate of Occupancy once structure has passed final inspections. •Agreement states that owner will not convert or alter constructed and approved structure. • Enclosing the area would require a permit and can only be used for parking, access or storage. •Agreement filed with recorded property deed. Outreach • Coastal Bend Home Builders Association • Island Strategic Action Committee • North Beach Community Association • Building Code Board of Appeals • Planning Commission Feedback was favorable for adoption of the Higher Standards. se GO O Va. U AGENDA MEMORANDUM 111 Reading Ordinance for City Council Meeting of September 11, 2018 NORROPPE2d Reading Ordinance for City Council Meeting of September 18, 2018 1852 DATE: August 15, 2018 TO: Keith Selman, Interim City Manager THRU: Mike Markle, Interim Assistant City Manager FROM: Robert Rocha, Fire Chief rrochaCa)-cctexas.com 361-826-3932 Ordinance accepting a grant from Coastal Bend Regional Advisory Council in the Amount of$15,000 to support the Web Based Emergency Operations Center CAPTION: Ordinance authorizing acceptance of$15,000 grant from Coastal Bend Regional Advisory Council for City's WebEOC operations; and appropriating $15,000 into Fire Grant Fund. PURPOSE: The Grant will be used to support the WebEOC. BACKGROUND AND FINDINGS: The Coastal Bend Regional Advisory Council (CBRAC) has forwarded to the City a check as a grant in the amount of $15,000. This is a direct grant for the benefit of the City's WebEOC operations. No application was required. The Office of Emergency Management (EOC) will use the funds to purchase equipment, technical support, training and travel. The Coastal Bend Regional Advisory Council has distributed similar grants to the Corpus Christi Fire Department. These funds originate from the Texas Department of State Health Services and are routed to the Regional Advisory Council for distribution. ALTERNATIVES: Deny funding and seek alternative funding. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Council approval of Ordinance to accept and appropriate grant funds. EMERGENCY / NON-EMERGENCY: Staff is requesting a non-emergency reading to this routine, non-controversial item. DEPARTMENTALCLEARANCES: Legal Finance — Grants and Office of Management and Budget. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $15,000 $15,000 BALANCE $15,000 Fund(s): Comments: None. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of $15,000 grant from Coastal Bend Regional Advisory Council for City's WebEOC operations; and appropriating $15,000 into Fire Grant 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 accept a grant from the Coastal Bend Regional Advisory Council in the amount of $15,000 for the benefit of the City's WebEOC operations. SECTION 2. That $15,000 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment, services, technical support and training for the City's WebEOC. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor se � �A O H U NOORPON PS EO 1852 AGENDA MEMORANDUM First Reading for the City Council Meeting of September 11, 2018 Second Reading for the City Council Meeting of September 18, 2018 DATE: August 22, 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 Appropriation of Increased Revenue at the City's Warehouse CAPTION: Ordinance appropriating estimated increased revenues of $750,000 to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold; and amending the operating budget by increasing estimated revenues and expenditures by $750,000 each. PURPOSE: The City's Warehouse has shown increased sales this fiscal year. In order to be able to purchase increased merchandise to sell through the remainder of the fiscal year, the projected increase in revenue is being appropriated to cover the projected increase in expenses. BACKGROUND AND FINDINGS: The Warehouse Division of the Stores Fund in Financial Services has shown increased sales in Fiscal Year (FY) 2017-2018. It is projected that both revenues and expenses will exceed the amounts budgeted for FY 2017-2018. Even though these increases do not adversely affect the fund balance in the Stores Fund, this amendment is needed to stay in compliance with accounting standards. ALTERNATIVES: n/a OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON-EMERGENCY: n/a DEPARTMENTALCLEARANCES: • Financial Services Department • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense X Revenue ❑ CIP Project to Date Exp. Current Year Future FISCAL YEAR: (CIP Only) FY 2017-18 Years TOTALS Budget - $ 2,800,000 - $ 2,800,000 Encumbered/Expended amount of(date) - - -This item - $ 750,000 - $ 750,000 BALANCE - $ 3,550,000 - $ 3,550,000 FUND(S): No.5010 Stores Fund COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance appropriating estimated increased revenues of$750,000 to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold; and amending the operating budget by increasing estimated revenues and expenditures by $750,000 each. BE ITORDAINED BYTHE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Estimated increased revenues in the amount of$750,000 are appropriated in the No. 5010 Stores Fund to cover projected increased expenses in the City's Warehouse related to the cost of Warehouse merchandise sold. SECTION 2. Ordinance No. 031255, which adopted the FY 2017-2018 Operating Budget, is amended by increasing estimated revenues and expenditures by $750,000 each. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel The foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey-Opel PASSED AND APPROVED this the day of 2018 ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor SC AGENDA MEMORANDUM First Reading for the City Council Meeting of September 11, 2018 NgHPO PP`E 1852 Second Reading for the City Council Meeting of September 18, 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 Construction Contract High-Intensity Activated Crosswalk (HAWK) Traffic Signal Ocean Drive and Del Mar Boulevard (Bond 2012, Proposition 1) CAPTION: Ordinance appropriating into Street CIP Fund 3530; changing Capital Improvement Program Budget by $131,483.04 and authorizing execution of a construction contract with Maldonado- Burkett Intelligent Transportation Systems, Inc. of Corpus Christi, Texas in the amount of $164,353.81 for construction of a HAWK Traffic Signal at Ocean Drive and Del Mar Boulevard. (Bond 2012, Proposition 1). PURPOSE: This project will construct a new HAWK traffic signal at Ocean Drive and Del Mar Boulevard. BACKGROUND AND FINDINGS: Special events at Cole Park attract high volumes of pedestrian traffic that need to cross Ocean Drive. The existing crossing at Del Mar Boulevard is equipped with standard warning flashers and crosswalk. The HAWK system is designed to provide safe pedestrian crossing with controlled roadway traffic signal when activated by pedestrians. The HAWK signal construction includes foundations, signal poles, mast arms, signal heads/beacons, pedestrian pole and heads with audio/visual features, conduits, conductors, controller cabinet, electrical service, etc. Project No.:18120A 1 MA/VP Legistar No.:18-1061 Rev. 1—08/21/18 The City applied for MPO's 2017 Transportation Alternatives Program (TAP) grant for the HAWK system to improve pedestrian safety crossing Ocean Drive. City Council approved the Advance Funding Agreement (AFA) in August 2017 for the TAP grant, which provides 80/20 construction cost sharing. The City match is programmed in the Ocean Drive Project from Buford Street to Louisiana Avenue (Bond 2012, Prop 1). BASE BID: This project includes the procurement and construction of a HAWK traffic signal at Ocean Drive and Del Mar Boulevard. On July 25, 2018, the City received proposals from three (3) bidders. A summary of the bids is provided below. BID SUMMARY CONTRACTOR BASE BID Maldonado— Burkett Intelligent Transportation Systems (MBITS) $164,353.81 Corpus Christi, Texas Siemens Industries Houston, Texas $167,795.00 Austin Traffic Signal (non-responsive) Pflu erville, Texas $204,864.30 Engineer's Opinion of Probable Cost $168,000.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols was selected for this project under RFQ 2012-03 as part of the Ocean Drive Project from Buford Street to Louisiana Avenue. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2018 Capital Improvement Planning (CIP) Budget. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Street Operations Department Project No.:18120A 2 MANP Legistar No.:18-1061 Rev.1—08/21/18 FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 244,983.00 244,983.00 Encumbered / 37,453.00 37,453.00 Expended Amount This item 164,353.81 164,353.81 Future Anticipated Expenditures This 43,176.19 43,176.19 Project BALANCE 0.00 0.00 Fund(s): Street CIP RECOMMENDATION: Staff and Freese and Nichols, Inc. recommend awarding the construction contract to Maldonado — Burkett Intelligent Transportation Systems. LIST OF SUPPORTING DOCUMENTS: Ordinance Project Budget Location Map Presentation Letter of Recommendation Executed AFA Project No.:18120A 3 MANP Legistar No.:18-1061 Rev.1—08/21/18 ORDINANCE APPROPRIATING INTO STREET CIP FUND 3530; CHANGING CAPITAL IMPROVEMENT PROGRAM BUDGET BY $131,483.04 AND AUTHORIZING EXECUTION OF A CONSTRUCTION CONTRACT WITH MALDONADO-BURKETT INTELLIGENT TRANSPORTATION SYSTEMS, INC. OF CORPUS CHRISTI, TEXAS IN THE AMOUNT OF $164,353.81 FOR CONSTRUCTION OF A HAWK TRAFFIC SIGNAL AT OCEAN DRIVE AND DEL MAR BOULEVARD. (BOND 2012, PROPOSITION 1) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. $131 ,483.04 of anticipated revenue from Texas Department of Transportation is appropriated into Fund 3530 for the Ocean Drive and Del Mar Boulevard Hawk Traffic Signal. SECTION 2. The FY 2018 Capital Improvement Budget adopted by Ordinance No. 031249 is amended to add $131,483.04 of anticipated revenue from the Texas Department of Transportation for the Ocean Drive and Del Mar Boulevard Hawk Traffic Signal project. (Street Bond 2012, Proposition 1) SECTION 3. Revenues and expenditures in the amount of $131,483.04 are increased in the FY 2018 Capital Improvement Program Budget adopted by Ordinance No 031249. SECTION 4. The City Manager or designee is authorized to execute a construction contract with Maldonado-Burkett intelligent Transportation Systems (MBITS), Inc. for the construction of a Hawk Traffic Signal in the amount of $164,353.81 at Ocean Drive and Del Mar Boulevard. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor PROJECT BUDGET ESTIMATE High-Intensity Activated Crosswalk (HAWK) Traffic Signal Ocean Drive and Del Mar Boulevard Bond 2012, Proposition 1 PROJECT FUNDS AVAILABLE: StreetCIP............................................................................................................. 244,983 TOTAL 244,983 FUNDS REQUIRED: Construction and Contingency Fees:........................................................................... 180,789 Construction (Maldonado-Burkett Intelligent Transportation Systems)......... 164,354 Contingency (10%)........................................................................... 16,435 Construction Inspection and Testing Fees:............................................................... 14,030 Construction Inspection (estimate)....................................................... 8,300 Construction Materials Testing (Tolunay-Wong Engineers)....................... 5,730 DesignFees:.................................................................................................... 37,453 Engineering (Freese and Nichols)........................................................ 37,453 Reimbursements:.................................................................................................... 12,711 Contract Admin. (Engineering/Finance/Capital Budget)............................ 4,711 Engineering Services (Project Mgt/ Constr Mgt)..................................... 7,000 Misc. (Printing, Advertising, etc.)......................................................... 1,000 TOTAL 244,983 ESTIMATED PROJECT BUDGET BALANCE - QO � rD �PROJECT LOCATIO N N SCALE: N.T.S. 286 GpN O o o z0 ����, �F�,� CORPUS CHRISTI Q� s� M�gRo< co��/yq F R SA O TEXAS A&M UNIVERSITY ON yo<<Y CORPUS CHRI 358 ZZ C o ooq ��z F ADNISS �(19 OSO BAY Qv O 69 000 Z w �� O �'LOCATIOMAP - J NOTAL� P//frojeo Number: 1"20A HAWK TRAFFIC SIGNALS - OCEAN DRIVE AND CITY COUNCIL EXHIBIT DEL MAR BOULEVARD (BOND 2012) CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering High-Intensity Activated Crosswalk (HAWK) Traffic Signal Ocean Drive and Del Mar Boulevard (Bond 2012) Council Presentation September 11, 2018 Project Location Corpus Chr sti Engineering oOw,y las HAWK TRAFFIC SIGNALS-OCEAN DRIVE AND Moa° o DEL MAR BOULEVARD(BOND 2012) CORPUS CHRISTI BAY N �,r e9 ti SCALE:N.T.S. 0 m 3 ti PROJECT LOCATION F ° 0 yy s.0 o TEXAS A&M UNIVERSITY OA yO�CH CORPUS CHRISTI Oy �4 358 ZZ cAeANISS i OSC BAY a coRPUS CHRISTI FIELD <u Q NAVAL AIR STATION Q ° y 4 m° FLOUR BLUFF �o 1 358' 286 ? J� p� o o r°Rkrow GQ N 2 Project Vicinity Corpus Chr sti Engineering HAWK TRAFFIC SIGNALS-OCEAN DRIVE AND DEL MAR BOULEVARD BOND 2012 N gip- J SCALE: N.T.S. PROJECT LOCATION y, Go\eS�tee� Oen\e�a`a ��Pd far � 5t�ee't P \es Na e� Pti\a°tip Project Scope 'q") Corpus Chr sti Engineering Provides for a new HAWK traffic signal at Ocean Drive and Del Mar Boulevard to: ✓ Enhance pedestrian safety ✓ Facilitate access from the neighborhood to the park for citizens living in the contiguous areas. ✓ Construction includes foundations, signal poles, mast arms, signal heads/beacons, pedestrian pole and heads with audio/visual features, conduits, conductors, controller cabinet, electrical service, etc. ➢ This is a joint MPO/City project with 80/20% respective construction cost sharing. 0* Project Schedule w Corpus Ch,sti Engineering Jul Aug Sep Oct Nov Dec Jan Feb Mar Bid/Award Construction* Projected Schedule reflects City Council award in October 2018 with anticipated completion in December 2018. * Allows equipment procurement and delivery with 30 day installation. FREESEInnovative approaches Practical results rMAICHOLS Outstanding service 800 N.Shoreline Blvd.,Suite 160ON • Corpus Christi,Texas 78401 • 361-561-6500 • fax 361-561-6501 www.freese.com August 6, 2018 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi,Texas 78469 Re: HAWK Traffic Signal—Ocean Drive and Del Mar Boulevard (Bond 2012) City Project No. 18120A TxDOT CSJ:0916-35-207 Mr. Edmonds: The City of Corpus Christi received three (3) sealed bid proposals for the above referenced project on July 25, 2018 at 2:00 p.m. This project includes the construction of a new High-intensity Activated crossWalK(HAWK)traffic signal at Ocean Drive and Del Mar Boulevard. The HAWK signal is a pedestrian-activated traffic control device that will assist pedestrians crossing Ocean Drive to/from Cole Park. The project has been coordinated with the bond improvements recently completed on Ocean Drive. The proposed HAWK signal construction will include foundations,signal poles, mast arms, signal heads, pedestrian pole, pedestrian heads,conduits,conductors,controller cabinet and electrical service. This project is partially funded through a Transportation Alternatives Program (TAP)grant with the Texas Department of Transportation (TxDOT). There are no additive alternates included in the project. Two of the bid proposals were properly executed and submitted in compliance with the bidding requirements for this project. The bid proposal submitted by Austin Traffic Signal Construction Company did not include a signed Bid Acknowledgement Form and was deemed a non-responsive bid. This outcome does not change the order of bids. We have received and reviewed the Statement of Experience of the two (2) lowest bidders and have found them to be satisfactory. The bid breakdown for the three bidders is shown on the attached Tabulation of Bids, and are summarized below: Bidder Base Bid Maldonado-Burkett, LLP $164,353.81 Siemens Mobility, Inc. $167,795.00 Austin Traffic Signal Construction Co., Inc. $204,864.30* *Bid deemed Non-Responsive Maldonado-Burkett, LLP is the apparent low bidder for the project. Maldonado-Burkett, LLP has prior experience in both City and TxDOT traffic signal improvement projects and is a local DBE/HUB certified firm that specializes in electrical, ITS, illumination,signal maintenance,and construction. August 6,2018 Page Zof2 Therefore, FNI recommends that the City award the construction contract for HAWK Traffic Signal— Ocean Drive and Del Mar Boulevard (Bond 2012) (City Project No. 18120A)to Maldonado-Burkett, LLP of Corpus Christi,Texas inthe amount of$184,353.81for the Base Bid. If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NUCHOLS, |NC' Nick Cecaxa, P.E,CFM Attachments: Tabulation of Bids CS1:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development 0916-35-207 STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR A TRANSPORTATION ALTERNATIVES PROGRAM PROJECT MPO-Selected On-System This Local Project Advance Funding Agreement("LPAFA")is made between the State of Texas("State"),acting through the Texas Department of Transportation,and City of Corpus Christi("Local Government"),acting through its duly authorized officials. BACKGROUND Local Government and State have adopted a Master Agreement that states the general terms and conditions for transportation projects developed through this LPAFA. Local Government prepared and submitted to State or Metropolitan Planning Organization("MPO")a nomination form for consideration under the Transportation Alternatives Program ("TAP")for the project,which is briefly described as High-Intensity Activated crosswalk traffic signal ("Project"). Federal law establishes federally funded programs for transportation improvements to implement its public purposes. Federal law,23 USC§134 and 49 USC§5303, requires that State and MPOs develop transportation plans and programs for urbanized areas of Texas. Tex.Transp.Code§§201.103 and 222.052 establish that State shall design, construct,and operate a system of highways in cooperation with local governments. Federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds. The Texas Transportation Commission ("Commission")passed Minute Order Number 114491("MO")dated February 25, 2016 awarding funding for projects in the 2017 TAP Program Call of the Corpus Christi MPO, including Project. The rules and procedures for TAP are established in 23 USC§213,and 43 Tex.Admin.Code Subchapter 11.F. The governing body of Local Government has approved entering into this Agreement by resolution dated 2� which is attached to and made a part of this Agreement as Attachment A. Therefore,State and Local Government agree as follows: AFA-LPAFA_TAP Paee 1 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development AGREEMENT 1. Period of Agreement and Performance 1.1. Period of Agreement.The period of this LPAFA is as stated in the Master Agreement,without exception. 1.2. Period of Performance. a. The Performance Period for each phase of work begins on the date specified in the Federal Project Authorization Agreement("FPAA")for that phase of work. Local Government may not begin work until issued the State Letter of Authority("SLOA")for that phase of work. b. The Performance Period for each phase of work ends on the date specified in the FPAA for that phase of work. 2. Termination of the Agreement 2.1. This Agreement may be terminated by any of the following conditions: a. By mutual written consent and agreement of all parties; b. By any party with 90 days written notice;or C. By either party, upon the failure of the other party to fulfill the obligations as set forth in this Agreement.Any cost incurred due to such breach of contract shall be paid by the breaching party. 2.2. If the potential termination of this Agreement is due to the failure of Local Government to fulfill its contractual obligations,State will notify Local Government that possible breach of contract has occurred. Local Government should make every effort to remedy the breach within a period mutually agreed upon by both parties. 2.3. If Local Government withdraws from Project after this Agreement is executed,Local Government shall be responsible for all direct and indirect Project costs as identified by the State's cost accounting system and with 2 CFR Part 200 recapture requirements. 2.4. A project may be eliminated from the program as outlined below.If Project is eliminated for any of these reasons,this Agreement will be appropriately terminated.A project may be eliminated from the program,and this Agreement terminated,if: a. Local Government fails to satisfy any requirements of the program rules cited in 43 Tex.Admin. Code Subchapter 11.F. b. The implementation of Project would involve significant deviation from the activities proposed in the nomination form and approved by the Texas Transportation Commission or MPO in consultation with State. C. Local Government withdraws from participation in Project. d. State determines that federal funding may be lost due to Project not being implemented and completed. e. Funds are not appropriated, in which case this Agreement shall be terminated immediately with no liability to either party. Payment under this Agreement beyond the current fiscal biennium is subject to availability of appropriated funds. AFA-LPAFA_TAP Page 2 of 15 Revised 2016-10-18 CS1:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development f. The associated FPAA is not issued by the end of the third federal fiscal year following the federal fiscal year for which the funds are authorized. Federal fiscal years run October 1 through September 30. g. Local Government fails to attend progress meetings at least twice yearly,as scheduled by State. 2.5. State,at its sole discretion,may terminate this Agreement if State does not receive project invoice within 270 days of FPAA. 3. Amendments Amendments to this LPAFA shall be made as described in the Master Agreement,without exception. 4. Scope of Work,Use of Project,and Project Location 4.1. The scope of work for Project(located as shown in Attachment B, Project Location Map)consists of: The installation of a HAWK(High-Intensity Activated crossWalK)traffic signal at the intersection of Ocean Drive and Del Mar Boulevard. The proposed HAWK signal construction will include, but not limited to: foundations,signal poles, mast arms,signal heads, pedestrian pole, pedestrian heads,conduits, conductors,controller cabinet, electrical service,etc. . 4.2. Any project changes proposed must be submitted in writing by Local Government to State. Changes may also require an amendment to this Agreement and the approval of the FH WA,State, MPO, or the Commission.Any changes undertaken without written approval and amendment of this Agreement may jeopardize not only the federal funding for the changes, but the federal funding of the entire Project. S. Right of Way and Real Property Acquisition 5.1. Right of way and real property acquisition shall be the responsibility of Local Government.Title to right of way and other related real property must be acceptable to State before funds may be expended for the improvement of the right of way or real property. If Local Government is the owner of any part of Project site under this Agreement,Local Government shall permit State or its authorized representative access to occupy the site to perform all activities required to execute the work. 5.2. Local Government will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,42 USC§4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to Local Government,and benefits applicable to the relocation of any displaced person as defined in 49 CFR§24.2(g). Documentation to support such compliance must be maintained and made available to State and its representatives for review and inspection. 5.3. Local Government shall assume all costs and perform all work necessary to obtain needed evidence of title or right of use to the real property required for development of Project. Evidence of title or right of use shall be acquired in the name of(1)State,if the real property is to be made part of the State Highway System,and(2) Local Government,otherwise.The evidence of title or rights shall be acceptable to State, and be free and clear of all encroachments. Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop Project according to the approved Project plans. Local Government shall be responsible for securing any additional real property required for completion of Project. AFA-LPAFA_TAP Paee 3 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development 5.4. Local Government shall prepare real property maps, property descriptions,and other data as needed to properly describe the real property and submit them to State for approval prior to Local Government acquiring the real property.Tracings of the maps shall be retained by Local Government for a permanent record. 5.5. Local Government shall determine property values for each real property parcel to be purchased with federal funds using methods acceptable to State and shall submit to State a tabulation of the values so determined,signed by the appropriate Local Government representative.The tabulations must list the parcel numbers,ownership,acreage,and recommended compensation.The tabulation must be accompanied by an explanation to support the estimated values,together with a copy of the documentation and reports used in calculating each parcel's value. Expenses incurred by Local Government in performing this work may be eligible for reimbursement after Local Government has received written authorization by State to proceed with determination of real property values.State will review the data submitted and will base its reimbursement for parcel acquisitions on these in determining the fair market values. 5.6. For State-selected projects, Local Government shall not use eminent domain or condemnation to acquire real property for this TAP Project. 5.7. Reimbursement for real property costs will be made to Local Government for real property purchased in an amount not to exceed 80 percent of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed 80 percent of State's predetermined fair market value of each parcel,or the net cost thereof,whichever is less. In addition, reimbursement will be made to Local Government for necessary payments to appraisers for expenses incurred in order to assure good title. 5.8. Local Government and current property owner are responsible for any costs associated with the relocation of displaced persons and personal property as well as incidental expenses incurred in acquiring property to implement Project.State will not pay any of these costs. 5.9. If Project requires the use of real property to which Local Government will not hold title,a separate agreement between the owners of the real property and Local Government must be executed prior to execution of this Agreement.The separate agreement between Local Government and the current property owner must establish that Project will be dedicated for public use for a period of time not less than ten years after project completion and commensurate with the federal investment as outlined in 43 Tex.Admin. Code§ 11.317.The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of Project after completion.The separate agreement must be approved by State prior to its execution and a copy of the executed separate agreement shall be provided to State. 5.10. Local Government shall execute individually or produce a legal document as necessary to provide for Project's continued use from the date of completion,and agrees to cause the same to be recorded in the land records of the appropriate jurisdiction. 5.11. Local governments receiving federal funds must comply with 23 CFR Part 710 and 49 CFR Part 24,and with the procedures provided in Chapter 6 of the State's Local Government Project Policy Manual. Local Government agrees to monitor Project to ensure: (1)continued use of the property for approved activities,and(2)the repayment of the Federal funds,as appropriate.Local Government agrees to the review of their Project accounts and site visits by State during the development of Project at any time. AFA-LPAFA_TAP Page 4 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development Upon Project completion,State will continue to perform periodic visits to confirm Project's continued use and upkeep. 5.12. Before the advertisement for bids,Local Government shall provide a certification to State that all real property has been acquired. 6. Utilities Local Government shall be responsible for the adjustment,removal,or relocation of utility facilities in accordance with applicable State laws,regulations, rules, policies,and procedures,including any cost to State of a delay resulting from Local Government's failure to ensure that utility facilities are adjusted,removed,or relocated before the scheduled beginning of construction.Unless specified in (1)the nomination form approved by State or MPO in consultation with State and (2)this agreement, Local Government will not be reimbursed with federal or state funds for the cost of required utility work. Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, Local Government shall provide,at State's request,a certification stating that Local Government has completed the adjustment of all utilities that must be adjusted before construction begins.Additional utility work may be required due to unknown conditions discovered during construction.These costs may be eligible for TAP participation if: (1)the activity is required to complete Project; (2)the cost is incidental to Project;and(3)TAP funding is available.Any change orders must be approved by State prior to incurring any cost for which reimbursement is sought. 7. Environmental Assessment and Mitigation Development of Project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966,which require environmental clearance of federal-aid projects. 7.1. Local Government is responsible for the identification and assessment of any environmental problems associated with the development of Project. 7.2. Local Government is responsible for the cost of any environmental problem's mitigation and remediation.These costs will not be reimbursed or credited towards Local Government's financial share of Project unless specified in the nomination form and approved by State or MPO in consultation with State. 7.3. Local Government is responsible for providing any public meetings or public hearings required for development of the environmental assessment. 7.4. Before the advertisement for bids,Local Government shall provide to State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 8. Architectural and Engineering Services Architectural and engineering services for preliminary engineering will be provided by Local Government. In procuring professional services,the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if Project is federally funded and Local Government will be seeking reimbursement for these services;and with Tex.Gov't Code Subchapter 2254.A., in all cases. Professional services contracts for federally funded projects must conform to federal requirements. For State-selected projects,architectural and engineering services are not eligible for TAP reimbursement. 8.1. The architectural contract documents shall be developed in accordance with the standards of the American Institute of Architects,the U.S.Secretary of the Interior's Standards for Historic Preservation AFA-LPAFA_TAP Paee 5 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development Projects,Standards and Guidelines for Archeology and Historic Preservation,the National Register Bulletin Number 36:Guidelines for Evaluating and Registering Historical Archeological Sites and in consultation with the State Historic Preservation Officer,as applicable.The engineering plans shall be developed in accordance with State's applicable Standard Specifications for Construction and Maintenance of Highways,Streets and Bridges and the two American Association of State Highway and Transportation Officials' ("AASHTO") publications, "A Policy on Geometric Design of Highways and Streets"and"Guide for the Development of Bicycle Facilities,"as applicable.All contract procurement procedures and documents must adhere to the applicable requirements established in the Standard Specifications for Construction and Maintenance of Highways,Streets and Bridges.The use of other systems of specifications shall be approved by State in writing in advance. 8.2. When architectural and engineering services are provided by or through Local Government,Local Government shall submit any plans it has completed to State for review and approval. Local Government may also submit the plans to State for review any time prior to completion. Local Government shall make the necessary revisions determined by State. Local Government will not let the construction contract until all required plans have received State approval. 8.3. When architectural and engineering services are provided by or through State,then the following applies: State is responsible for the delivery and performance of any required architectural or preliminary engineering work. Local Government may review and comment on the work as required to accomplish Project purposes.State will cooperate with Local Government in accomplishing these Project purposes to the degree permitted by state and federal law. 9. Construction Responsibilities 9.1. Local Government shall advertise for construction bids, issue bid proposals,receive and tabulate the bids, and award and administer the contract for construction of Project.Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements,amendments,or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by State prior to advertising for construction. 9.2. All contract letting and award procedures must be approved by State prior to letting and award of the construction contract,whether the construction contract is awarded by State or by Local Government. 9.3. All contract change order review and approval procedures must be approved by State prior to start of construction. 9.4. Upon completion of Project,the party constructing Project will issue and sign a"Notification of Completion"acknowledging Project's construction completion. 9.5. For federally funded contracts,the parties to this Agreement will comply with federal construction requirements provided in 23 CFR Parts 633 and 635,and shall include the latest version of Form"FHWA- 1273"in the contract bidding documents. If force account work will be performed,a finding of cost effectiveness shall be made in compliance with 23 CFR Subpart 635.8. 9.6. Any field changes,supplemental agreements,or revisions to the design plans that may occur after the construction contract is awarded will be mutually agreed to by State and Local Government prior to authorizing the contractor to perform the work. Prior to completion of Project,the party responsible for construction will notify the other party to this Agreement of the anticipated completion date.All parties AFA-LPAFA_TAP Page 6 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development will be afforded the opportunity to assist in the final review of the construction services performed by the contractor. 10. Project Maintenance 10.1. Upon completion of Project, Local Government will be responsible for maintaining the completed facility for public use.The property shall be maintained and operated for the purpose for which it was approved and funded for a period of time commensurate with the federal investment or State rules,whichever is greater.Should Local Government at any time after Project completion decide it can no longer maintain and operate Project for its intended purpose, Local Government shall consult with State and the FHWA as to the disposal or alternate uses,consistent with Project's original intent.State may require Local Government to return the federal funds in accordance with 2 CFR Part 200 federal recapture requirements.Should Local Government consider conveying the property,State and FHWA must be notified prior to the sale,transfer,or disposal of any property that received federal funds.Written concurrence of approval for the transaction,detailing any required recapture, must be obtained from FHWA prior to the transaction.Advance notice from Local Government of their intended action must be submitted to State for an FHWA review a minimum of 90 days prior to any action being taken by Local Government. Local Government shall be held responsible for reimbursement of all federal funds used or a portion of those funds based on a pro-rata amount,considering the original percentage of federal funds provided and the time elapsed from Project completion date.This same percentage of reimbursement also applies to any amount of profit that may be derived from the conveyance of the property,as applicable. 10.2. Any manufacturer warranties extended to Local Government as a result of Project shall remain in the name of Local Government.State shall not be responsible for honoring any warranties under this Agreement. 10.3. Should Local Government derive any income from the development and operation of Project,a portion of the proceeds sufficient for the maintenance and upkeep of the property shall be set aside for future maintenance.A project income report shall be submitted to State on a quarterly basis. Monies set aside according to this provision shall be expended using accounting procedures and with the property management standards established in 2 CFR Part 200. 10.4. Should any historic properties be included in or affected by this federally funded Project,the historic integrity of the property and any contributing features must continue to be preserved regardless of any approved changes that may occur throughout the life of Project. 11. Local Project Sources and Uses of Funds 11.1. A Project Budget Estimate and Source of Funds is provided as Attachment C,showing the total estimated development cost of Project.This estimate shows the itemized cost of real property,utilities, environmental assessments,construction,and other construction related costs.To be eligible for reimbursement or as in-kind contribution,costs must have been included in the nomination form approved by the Texas Transportation Commission or MPO in consultation with State.State and the Federal Government will not reimburse Local Government for any work performed outside the Performance Period.After federal funds have been obligated,State will send to Local Government a copy of the formal documentation showing the obligation of funds including federal award information. Local Government is responsible for 100 percent of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. AFA-LPAFA_TAP Paee 7 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development 11.2. If Local Government will perform any work under this Agreement for which reimbursement will be provided by or through State, Local Government must complete training in Local Government Procedures Qualification for the Texas Department of Transportation before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on Project successfully completes and receives a certificate for the course. Local Government shall provide the certificate of qualification to State.The individual who receives the training certificate may be an employee of Local Government or an employee of a firm that has been contracted by Local Government to perform oversight of Project.State in its discretion may deny reimbursement if Local Government has not designated a qualified individual to oversee Project. 11.3. The Project budget and source of funds estimate based on the budget provided in the nomination form is included as Attachment C.Attachment C shows the percentage and estimated dollar amounts to be contributed to Project by state and local sources,as well as the maximum amount in federal Transportation Alternative Program funds assigned by the Commission or MPO in consultation with State to Project.This Agreement may be amended from time to time as required to meet the funding commitments based on revisions to the Transportation Improvement Program, Federal Project Authorization and Agreement ("FPAA"),or other federal documents. 11.4. Local Government will be responsible for all non-federal participation costs associated with Project, including any overruns in excess of Project's estimated budget and any operating or maintenance expenses. 11.5. State will be responsible for securing the federal share of funding required for the development and construction of Project,in an amount not to exceed 80 percent of the actual cost of the work up to the amount of funds approved for Project by the Texas Transportation Commission or MPO in consultation with State. Federal funds will be reimbursed on a cost basis. Project costs incurred prior to issuance of the SLOA are not eligible for reimbursement. 11.6. Following execution of this Agreement,but prior to the performance of any plan review work by State, Local Government will pay to State the amount specified in Attachment C for plan review.At least 60 days prior to the date set for receipt of the construction bids, Local Government shall remit its remaining local match as specified in Attachment C for State's estimated construction oversight and construction cost. 11.7. In the event State determines that additional funding is required by Local Government at any time during Project,State will notify Local Government in writing. Local Government is responsible for the percentage of the authorized Project cost shown in Attachment C and 100 percent of any overruns above the federally authorized amount. Local Government will make payment to State within 30 days from receipt of State's written notification. 11.8. Whenever funds are paid by Local Government to State under this Agreement, Local Government will remit a warrant made payable to the"Texas Department of Transportation."The warrant will be deposited by State and managed by State. Funds may only be applied by State to Project. 11.9. Upon completion of Project,State will perform an audit of Project costs.Any funds due to Local Government,State,or the Federal Government will be promptly paid by the owing party. If after final Project accounting,any excess funds remain,those funds may be applied by State to Local Government's contractual obligations to State under another advance funding agreement with approval by appropriate personnel of Local Government. AFA-LPAFA_TAP Page 8 of 15 Revised 2016-10-18 CS1:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development 11.10. In the event Project is not completed,State may seek reimbursement from Local Government of the expended federal funds. Local Government will remit the required funds to State within 60 days from receipt of State's notification. 11.11. If any existing or future local ordinances,commissioners court orders,rules, policies,or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements,are more restrictive than state or federal regulations,or if any other locally proposed changes,including but not limited to plats or re-plats, result in increased costs,then any increased costs associated with the ordinances or changes will be paid by Local Government.The cost of providing right of way acquired by State shall mean the total expenses in acquiring the property interests through negotiations,including, but not limited to,expenses related to relocation, removal,and adjustment of eligible utilities. 11.12. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the Agreement or indirectly through a contract or subcontract under the Agreement. Acceptance of funds directly under the Agreement or indirectly through a contract or subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds.An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 11.13. State will not pay interest on any funds provided by Local Government. 11.14. State will not execute the contract for the construction of Project until the required funding has been made available by Local Government in accordance with this Agreement. 11.15. Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice in a form and containing all items required by State no more frequently than monthly, and no later than 90 days after costs are incurred. If Local Government submits invoices more than 90 days after the costs are incurred,and if federal funding is reduced as a result,State shall have no responsibility to reimburse Local Government for those costs. 11.16. If Local government is an Economically Disadvantaged County("EDC")and if State has approved adjustments to the standard financing arrangement,this agreement reflects those adjustments. 12. Document and Information Exchange Local Government agrees to electronically deliver to State all general notes,specifications,contract provision requirements,and related documentation in a Microsoft Word or similar format. If requested by State, Local Government will use State's document template. Local Government shall also provide a detailed construction time estimate,including types of activities and month in which the activity will be completed,in the format required by State.This requirement applies whether Local Government creates the documents with its own forces or by hiring a consultant or professional provider.At the request of State,Local Government shall submit any information required by State in the format directed by State. 13. Incorporation of Master Agreement Provisions This LPAFA incorporates all of the governing provisions of the Master Agreement in effect on the date of final execution of this LPAFA, unless an exception has been made in this agreement. 14. Compliance with Laws AFA-LPAFA_TAP Page 9 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development The parties shall comply with all federal,state,and local laws,statutes,ordinances, rules and regulations,and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this LPAFA.When required, Local Government shall furnish State with satisfactory proof of this compliance. 15. Disadvantaged Business Enterprise Program Requirements 15.1. The parties shall comply with the Disadvantaged Business Enterprise("DBE")Program requirements established in 49 CFR Part 26. 15.2. Local Government shall adopt, in its totality,State's federally approved DBE program. 15.3. Local Government shall set an appropriate DBE goal consistent with State's DBE guidelines and in consideration of Local market,project size,and nature of the goods or services to be acquired. Local Government shall have final decision-making authority regarding the DBE goal and shall be responsible for documenting its actions. 15.4. Local Government shall follow all other parts of State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity,and attachments found at web address: http://ftp.dot.state.tx.us/pub/txdot-info/bop/dbe/mou/mou attachments pdf. 15.5. Local Government shall not discriminate on the basis of race,color, national origin,or sex in the award and performance of any DOT-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non-discrimination in award and administration of DOT-assisted contracts. State's DBE program,as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to Local Government of its failure to carry out its approved program,State may impose sanctions as provided for under 49 CFR Part 26 and may,in appropriate cases,refer the matter for enforcement under 18 USC 1001 and the Program Fraud Civil Remedies Act of 1986(31 USC§3801 et seq.). 15.6. Each contract Local Government signs with a contractor(and each subcontract the prime contractor signs with a subcontractor)must include the following assurance: The contractor,sub-recipient or sub-contractor shall not discriminate on the basis of race, color, national origin,or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this agreement, which may result in the termination of this agreement or such other remedy as the recipient deems appropriate. 16. Debarment Certifications The parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, Local Government certifies that it and its principals are not currently debarred,suspended,or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549,and further certifies that it will not do business with any party,to include principals,that is currently debarred,suspended,or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549.The parties to this Agreement AFA-LPAFA_TAP Page 10 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development shall require any party to a contract,subcontract,or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and,when requested by State,to furnish a copy of the certification. 17. Lobbying Certification In executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief,that: 17.1. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any federal contract,the making of any federal grant,the making of any federal loan,the entering into of any cooperative agreement,and the extension,continuation,renewal, amendment,or modification of any federal contract,grant, loan,or cooperative agreement. 17.2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with federal contracts,grants, loans,or cooperative agreements,the signatory for Local Government shall complete and submit the federal Standard Form-LLL,"Disclosure Form to Report Lobbying,"in accordance with its instructions. 17.3. The parties shall require that the language of this certification be included in the award documents for all sub-awards at all tiers(including subcontracts,sub-grants,and contracts under grants,loans,and cooperative agreements)and all sub-recipients shall certify and disclose accordingly.Submission of this certification is a prerequisite imposed by 31 USC§ 1352 for making or entering into this transaction.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. 18. Insurance 18.1. Should this Agreement authorize Local Government or its contractor to perform any work on State right of way, before beginning work,the entity performing the work shall provide State with a fully executed copy of State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on State right of way is complete. If coverage is not maintained,all work on State right of way shall cease immediately,and State may recover damages and all costs of completing the work. 18.2. For projects including buildings, Local Government agrees to insure the building according to Department specifications and further agrees to name the Federal Government as a "Loss Payee"should the building be destroyed. 19. Federal Funding Accountability and Transparency Act Requirements 19.1. Any recipient of funds under this agreement agrees to comply with the Federal Funding Accountability and Transparency Act("FFATA")and implementing regulations at 2 CFR Part 170,including Appendix A. This agreement is subject to the following award terms: http://www.gpo.Rov/fdsys/r)kg/FR-2010-09-14/pdfl2OlO-22705.pdf and http://www.gDO.goy/fdsys/pkg/FR-2010-09-14/pdf/2010-22706 pdf. AFA-LPAFA_TAP Paee 11 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development 19.2. Local Government agrees that it shall: a. Obtain and provide to State a System for Award Management("SAM")number(Federal Acquisition Regulation("FAR")Subpart 4.11)if this award provides more than$25,000 in Federal funding.The SAM number may be obtained by visiting the SAM website whose address is https://www.sam.gov/portal/public/SAM/ b. Obtain and provide to State a Data Universal Numbering System ("DUNS") number,a unique nine-character number that allows the federal government to track the distribution of federal money.The DUNS number may be requested free of charge for all businesses and entities required to do so by visiting the Dun&Bradstreet on-line registration website http://fedgov.dnb.com/webform;and C. Report the total compensation and names of its top five executives to State if: 1. More than 80 percent of annual gross revenues are from the Federal government,and those revenues are greater than$25,000,000;and 2. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 20. Single Audit Report 20.1. The parties shall comply with the requirements of the Single Audit Act of 1984, P.L.98-502, ensuring that the single audit report includes the coverage stipulated in 2 CFR Part 200. 20.2. If threshold expenditures of$750,000 or more are met during the fiscal year,the Local Government must submit a Single Audit Report and Management Letter(if applicable)to TxDOT's Compliance Division, 125 East 11th Street,Austin,TX 78701 or contact TxDOT's Compliance Division at sineleauditsPtxdot.gov. If expenditures are less than the threshold during Local Government's fiscal year,Local Government must submit a statement to TxDOT's Compliance Division as follows: We did not meet the$ expenditure threshold and therefore, are not required to have a single audit performed for FY 20.3. For each year Project remains open for federal funding expenditures,Local Government will be responsible for filing a report or statement as described above.The required annual filing shall extend throughout the life of the agreement, unless otherwise amended or Project has been formally closed out and no charges have been incurred within the current fiscal year. 21. Civil Rights Compliance 21.1. Compliance with Regulations:The Local Government will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT),the Federal Highway Administration (FHWA),as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 21.2. Nondiscrimination:The Local Government,with regard to the work performed by it during the contract, will not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors,including procurement of materials and leases of equipment.The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, AFA-LPAFA_TAP PaEe 12 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR Part 21. 21.3. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract,including procurement of materials or leases of equipment,each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this contract and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color,or national origin. 21.4. Information and Reports:The Local Government will provide all information and reports required by the Acts,the Regulations,and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information,and its facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations and instructions.Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information,the Local Government will so certify to the State or the FHWA,as appropriate,and will set forth what efforts it has made to obtain the information. 21.5. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this contract,the State will impose such contract sanctions as it or the FHWA may determine to be appropriate,including, but not limited to: a. withholding of payments to the Local Government under the contract until the Local Government complies and/or b. cancelling,terminating,or suspending of the contract, in whole or in part. 21.6. Incorporation of Provisions:The Local Government will include the provisions of paragraphs 21.1 through 21.6 in every subcontract,including procurement of materials and leases of equipment, unless exempt by the Acts,the Regulations and directives issued pursuant thereto.The Local Government will take action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if Local Government becomes involved in,or is threatened with, litigation with a subcontractor,or supplier because of such direction,the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition,the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 22. Pertinent Non-Discrimination Authorities During the performance of this contract,the Performing Agency,for itself,its assignees,and successors in interest agree to comply with the following nondiscrimination statutes and authorities;including but not limited to: 22.1. Title VI of the Civil Rights Act of 1964(42 U.S.C. §2000d et seq.,78 stat.252),(prohibits discrimination on the basis of race,color,national origin);and 49 CFR Part 21. AFA-LPAFA_TAP Page 13 of 15 Revised 2016-10-18 CS1:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development 22.2. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,(42 U.S.C.§4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects). 22.3. Federal-Aid Highway Act of 1973,(23 U.S.C. §324 et seq.),as amended,(prohibits discrimination on the basis of sex). 22.4. Section 504 of the Rehabilitation Act of 1973,(29 U.S.C.§794 et seq.)as amended, (prohibits discrimination on the basis of disability);and 49 CFR Part 27. 22.5. The Age Discrimination Act of 1975,as amended, (49 U.S.C. §6101 et seq.), (prohibits discrimination on the basis of age). 22.6. Airport and Airway Improvement Act of 1982, (49 U.S.C.Chapter 471,Section 47123),as amended, (prohibits discrimination based on race,creed,color,national origin,or sex). 22.7. The Civil Rights Restoration Act of 1987,(PL 100-209),(Broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients,subrecipients and contractors,whether such programs or activities are Federally funded or not). 22.8. Titles II and III of the Americans with Disabilities Act,which prohibits discrimination on the basis of disability in the operation of public entities,public and private transportation systems,places of public accommodation,and certain testing entities(42 U.S.C.§§12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. 22.9. The Federal Aviation Administration's Nondiscrimination statute(49 U.S.C. §47123) (prohibits discrimination on the basis of race,color, national origin,and sex). 22.10. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures nondiscrimination against minority populations by discouraging programs, policies,and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. 22.11. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency(LEP).To ensure compliance with Title VI,the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs(70 Fed. Reg.at 74087 to 74100). 22.12. Title IX of the Education Amendments of 1972,as amended,which prohibits the parties from discriminating because of sex in education programs or activities(20 U.S.C. 1681 et seq.). AFA-LPAFA_TAP PaEe 14 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development 23. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. Each party is signing this agreement on the date stated opposite that party's signature. City of Co pus Christi Approved as to form: IX 2 .07 11:39:11:39:1 7-05'00' Date: � By: Assistant City Attorney V I ie H.Gray,\U. Executive Director P blic Works -ATTEST. REBECCA HU ERTA THE STATE OF TEXAS CITY SECRETARY Date: By: Kenneth Stewart Director of Contract Services Texas Department of Transportation U MULL- SECQETA� AFA-LPAFA_TAP Page 15 of 15 Revised 2016-10-18 CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 644:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT AFA-LPAFA_TAP Page 1 of 1 Attachment A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE AN ADVANCE FUNDING AGREEMENT (AFA) WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) FOR A HIGH-INTENSITY ACTIVATED CROSS WALK (HAWK) TRAFFIC SIGNAL, AT THE INTERSECTION ON OCEAN DRIVE AND DEL MAR BOULEVARD WITH THE CITY'S REQUIRED PAYMENT TO TXDOT IN THE AMOUNT OF $11,800 FOR REIMBURSEMENT OF DIRECT STATE COSTS. THIS IS RELATED TO THE OCEAN DRIVE FROM BUFORD TO LOUISIANA PROJECT (BOND 2012, PROPOSITION 1). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an Advance Funding Agreement (AFA) for a High-Intensity Activated CrossWalk (HAWK) traffic signal at the intersection on Ocean Drive and Del Mar Boulevard with the Texas Department of Transportation (TXDOT) with the City's required payment to TXDOT in the amount of $11,800 for reimbursement of direct state costs. SECTION 2. The City Manager or designee is authorized to execute all related documents necessary to administer said Advance Funding Agreement, including minor amendments thereto. ATTEST: THE CITY OF CORPUS CHRISTI =, Rebecca Huerta Joe Comb City Secretary Ma o Corpus Christi, Texas �I� n _of C�L�2017 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn 031224 INDEXED CSJ:0916-35-207 District#:City of Corpus Christi Code Chart 64#:09800 Project:HAWK Signal CFDA Title:Highway Planning and Construction CFDA Number:20.205 Federal Highway Administration Not Research and Development ATTACHMENT B PROJECT LOCATION MAP EE - I M I N s -lE T -E 1-L FL ,; w w HI TI TAP GRANT APPLICATION OCEAN DR.HAWK SIGNAL AT DEL taus BLVD. 0 asa„ HIT sx , h U/ RCORPUS CHRMSn -- — / W-Tmwunoh-L APPOWT .r T "w ZjQs �x SUBJECT: TAP GRANT APPLICATION OCEAN DR.HAWK SIGNAL Traffic Enowa k Office ..r..r Strad Ope atom Dmswn AFA-LPAFA_TAP Paee 1 of 1 Attachment B CSJ: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning &Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development ATTACHMENT C PROJECT ESTIMATE AND SOURCE OF FUNDS LG Performs PE Work or Hires Consultant / LG Lets Project to Construction Work Performed by Local Government ("LG") Description of Project Costs to be Incurred Total Project Cost Estimate Federal Participation Includes additional percentage for TDC apportionment where applicable State Participation Local Government (LG) Participation Includes any EDC reduction where applicable % Cost % Cost % Cost Planning/Maps/Education/Non-CST $0 0% $0 0% $0 0% $0 Preliminary Engineering $0 0% $0 0% $0 0% $0 Environmental Cost $0 0% $0 0% $0 0% $0 Right of Way $0 0% $0 0% $0 0% $0 Utilities $0 0% 50 0% $0 0% $0 Construction $168,520.00 80% $134,816.00 0% $0 20% $33,704.00 In-kind donation Value (Add to Total Project Cost - 20% Maximum value) $0 0% $0 0% $0 0% $0 Work by LG Subtotal $168,520.00 $134,816.00 $0 $33,704.00 Work Performed by the State (Local Participation paid up front by LG to TxDOT) Preliminary Engineering' $0 0% $0 0% $0 0% $0 Environmental Cost' $0 0% $0 0% $0 0% $0 Right of Way3 $0 0% $0 0% $0 0% $0 Utilities2 $0 0% $0 0% $0 0% $0 Construction2 $0 0% $0 0% $0 0% $0 Work by State Subtotal $0 $0 $0 $0 AFA-LPAFA_TAP Page 1 of 2 Attachment C CSI: 0916-35-207 District #: City of Corpus Christi Code Chart 64#: 09800 Project: HAWK Signal CFDA Title: Highway Planning &Construction CFDA Number: 20.205 Federal Highway Administration Not Research and Development Direct and Indirect State Costs Incurred for Review, Inspection, Administration & Oversight Description of Project Costs to be Incurred Total Project Cost Estimate Federal Participation Includes additional percentage for TDC apportionment where applicable State Participation Local Government (LG) Participation Includes any EDC reduction where applicable % Cost % Cost % Cost Preliminary Engineering) $2,832.00 0% $0 0% $0 100% $2832.00 Environmental Cost' $1,416.00 0% $0 0% $0 100% $1416.00 Right of Way' $1,416.00 0% $0 0% $0 100% $1416.00 Utilities' $1,416.00 0% $0 0% $0 100% $1416.0 Construction2 $4,720.00 0% $0 0% $0 100% $4720.00 Direct State Costs Subtotal $11,800.00 0% $0 0% $0 100% $11,800.00 Indirect State Costs $8,881.00 $0 $8,881.00 $0 TOTAL PARTICIPATION $189,201.00 $134,816.00 $8,881.00 $45,504.00 In-kind Contribution Credit Applied TOTAL REMAINING PARTICIPATION AFTER IN-KIND CONTRIBUTION 0% $0 The estimated total participation by Local Government is $45,504, plus 100% of overruns. Total estimated payment by Local Government to State is $11,800.00. 1Local Government's first payment of $7,080 is due to State within 30 days from execution of this contract. 2 Local Government's second payment of $4,720 is due to State within 60 days prior to the Construction contract being advertised for bids. 31f ROW is to be acquired by State; Local Government's share of property cost will be due prior to acquisition. The eligible percent of required local match is stated in the nomination and must be 20% or greater, unless In -Kind, EDC adjustments or TDCs are applied. This is an estimate, the final amount of Local Government participation will be based on actual costs. Maximum federal TAP funds available for Project are $134,816. AFA-LPAFA_TAP Page 2 of 2 Attachment C se GO O Va. AGENDA MEMORANDUM First Reading for the City Council Meeting of September 11, 2018 Nc1852Ev Second Reading for the City Council Meeting of September 18, 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 Frontera Historical & Cultural Events sponsored by the Corpus Christi Convention & Visitor's Bureau CAPTION: Ordinance authorizing an agreement with Corpus Christi Convention and Visitors Bureau to allow use of La Retama Park near Schatzel and Mesquite Streets for the Frontera event and related activities on November 2 thru November 4, 2018 PURPOSE: To approve date, location, and consideration for the 2018 Frontera Historical & Cultural Events and related activities October 29 - November 4, 2018. BACKGROUND AND FINDINGS: Corpus Christi's rich and diverse history steps out into the spotlight with Frontera - an immersive experience that celebrates the people, places and events that make the Coastal Bend a historical and cultural cornerstone. Beginning November 2, 2018, the City of Corpus Christi Parks and Recreation Department, the Corpus Christi Convention and Visitors Bureau, the Corpus Christi Museum of Science and History, the Corpus Christi Downtown Management District, the Friends of Old Bayview Cemetery and the Corpus Christi Library system present a robust and introspective look into the well-known (and not-so-well known) stories that built its history. Event programming includes a Historic Old Town Square in Heritage Park, historical re- enactments at Old Bayview Cemetery, Coastal Bend Booknotes, Downtown Doc McGregor History Walk, Bay tour highlighting the Port of Corpus Christi and Seawall history, theatrical performances (with a modern twist) in La Retama Park, reopening the La Retama Park tunnels and special pricing at the Corpus Christi Museum of Science and History. ALTERNATIVES: Do not approve event agreement OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council's action is required for lease agreements in conjunction with public events EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: For the purposes of this lease agreement, Frontera requests exclusive use of La Retama Park for the rehearsal and presentation of theatrical performances from October 29 - November 4, 2018. The park will be fenced, and Frontera organizers will have tickets available for purchase for each performance. RECOMMENDATION: Staff recommends approval of this agreement LIST OF SUPPORTING DOCUMENTS: Ordinance Lease agreement with Exhibits Ordinance authorizing an agreement with Corpus Christi Convention and Visitors Bureau to allow use of La Retama Park near Schatzel and Mesquite Streets for the Frontera event and related activities on November 2 thru November 4, 2018 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute an agreement with Corpus Christi Convention and Visitors Bureau to allow use of La Retama Park located at Schatzel and Mesquite Streets bounded by Peoples Street and N. Lower Broadway, for the Frontera event and related activities on November 2 — November 4, 2018. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel That the foregoing ordinance was read for the second time and passed finally on this the day of 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey-Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 1 LEASE AGREEMENT FOR FRONTERA State of Texas § Know All By These Presents: County of Nueces § This short term Lease Agreement ("Lease Agreement") between the City of Corpus Christi, a Texas homerule municipal corporation ("City"), acting through its duly designated City Manager, and the Corpus Christi Convention and Visitors Bureau. ("CCCVB"), a Texas nonprofit corporation, acting through its duly designated agent, is in consideration of the covenants contained herein. 1. DEFINITIONS. As used in this Agreement, the following terms shall have the following meanings. A. City means the City of Corpus Christi, a Texas homerule municipality. B. City Attorney means the City of Corpus Christi's City Attorney or designee. C. City Council — means the City Council of the City of Corpus Christi, Texas. D. City Manager means the City of Corpus Christi's City Manager, or the City Manager's designee. E. City Secretary — means the City of Corpus Christi's City Secretary, or designee. F. CCCVB — means the Corpus Christi Convention and Visitors Bureau, a Texas non- profit corporation. G. CCCVB's Agent means a duly authorized representative of the CCCVB. H. Corpus Christi - Nueces County Health District — means a joint entity between the City of Corpus Christi and Nueces County which provides health services to residents of both political subdivisions. I. Event means the Frontera events and related activities sponsored by the CCCVB, as described in Exhibit A. The Event dates are described in Exhibit B. J. Fire Chief — means the Chief of the City of Corpus Christi's Fire Department, or designee. K. Lease Agreement — means this document, as approved by the City Council and executed by the City Manager. L. Parks Director means the Director of the City of Corpus Christi's Parks & Recreation Department, or designee. M. Police Chief means the Chief of the City of Corpus Christi's Police Department, or designee. 2 N. Premises means La Retama Park, the boundaries of which are between Schatzell Street and Peoples Street, Mesquite Street and Lower Broadway Street as depicted on Exhibit C. 0. Risk Manager means the Director of the City of Corpus Christi's Risk Management Division, or designee. P. Solid Waste Director — means the Director of the City of Corpus Christi's Solid Waste Operations Department. Q. Street Director — means the Director of the City of Corpus Christi's Street Operations. 2. TERM. This Lease Agreement takes effect upon execution by the City Manager. The CCCVB will be entitled to exclusive use of the Premises described below, for the periods identified on Exhibit B. The City Manager may authorize amendment to Exhibit B. 3. PREMISES AND PERMITTED USES. City grants to the CCCVB the privilege of using the La Retama Park to conduct its Event. CCCVB agrees to contact surrounding property owners within a two block radius to coordinate any traffic plans around the Event location and to address exclusive use of La Retama Park. 4. PREMISES REVISIONS. Construction along the downtown area or other unforeseen circumstances may impact and change the Premises (Exhibit C) and other parts of this lease. If Exhibit C is revised, new Exhibit C will be executed by the City Manager and CCCVB Agent and filed with the City Secretary and Parks Director, superseding the existing Exhibit C. New Exhibit C becomes effective upon date of last signature. 5. FINAL EVENT LAYOUT DIAGRAM.The CCCVB's Agent must provide the Parks Director a diagram explaining the final Event layout for all related activities at least two weeks prior to the Event. Layout of the Event is subject to the approval of the Parks Director. 6. PLANNING MEETINGS. Two months prior to this year's Event the Parks Director, Director of Street Operations and Police Chief will meet with CCCVB representatives to agree on City Services to be provided and discuss the costs of the City Services for the Event. In addition, the Premises will be reviewed with regard to the areas of set-up, parking, traffic control, barricades, traffic signs, security, fire lanes, and fencing to determine whether Exhibit C needs to be revised by the Parks Director and CCCVB. If revised, new Exhibit C will follow process in §4 PREMISES REVISIONS. CCCVB's Agent may request additional meetings. 7. ADMISSION FEE. CCCVB may charge an admission fee. Special Events connected with CCCVB may charge another fee to help defray the cost of entertainment. 8. CCCVB'S FINANCIAL OBLIGATIONS. 10 A. Permit Fees. CCCVB must pay City all applicable City permit fees as established by City ordinance, including but not limited to the following: one- -time Parks and Recreation Large Special Event Permit fee of $400, Health PermitlVendor Fees, Development Services Permit Fees. B. Costs of City Services. The parties are not anticipating that City services will be provided for the Event. However, should any City services be utilized for the Event, then the Parks Director will invoice the CCCVB for costs of all City services, including but not limited to, services provided for the Event by City Utilities Department, City Solid Waste Operations Department, City Parks and Recreation Department, and City Police Department, and City Fire Department within thirty (30) calendar days after the Event. The invoice will provide an itemized breakdown of the City charges for services rendered. Upon receipt of written request of the CCCVB's Agent, the Parks Director will furnish reasonable supporting documentation of the charges within ten (10) calendar days. C. CCCVB's failure to pay the undisputed charges on City's invoice within 30 days after submittal to CCCVB shall result in a late payment fee being assessed against CCCVB. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, less any disputed amounts, and said fee will be added to the net amount payable to the City. D. Weather Considerations If there is a hurricane or other weather activity, or event outside the control of the parties that eliminates the Event or that reduces attendance at the Event by more than 50% from the CCCVB anticipated attendance levels, the City Manager is delegated the authority to adjust the billing of City's Costs. E. De osit. The CCCVB must pay a deposit of $2,000 at least one month in advance of the Event, made payable to the City. The deposit will be used to reimburse City for any costs incurred for trash pickup, removal of any structures, or repairs and damages to City property. If no costs are incurred and all invoices for City costs are paid, the deposit will be returned to the CCCVB within 30 days after the Event. F. Reimbursement for Damaaes to City Property. During the course of the Event, damages may occur to City Property. This includes, but is not limited to, damages to the turf, landscaping, utility infrastructure, water and/irrigation lines and related equipment caused by acts or omissions of the CCCVB, its employees, volunteers, invitees, vendors, contractors, or subcontractors. City will give the CCCVB an opportunity to rectify these damages, prior to utilizing the Deposit and finally invoicing the CCCVB for any additional cost of repair. 1. Regairs to Premises. Parks Director will provide the CCCVB's Agent a Punchlist of damages to the City Property authorized for the Event, as defined in §3 PREMISES AND PERMITTED USES, within seven (7) days after the CCCVB has vacated the property, following the conclusion of the Event. CCCVB will have the opportunity to restore all items on the Punchlist to original condition within ten (10) days after receipt of the Punchlist. For any 10 turf or sod damage, the CCCVB must fill and compact all holes. If fill material is needed, it must be approved by Parks Director. If the CCCVB fails to restore any items on the Punchlist, Parks Director may first utilize the Deposit to do so; then invoice the CCCVB for any additional costs. Damages to City property will be billed at the City's cost of repair. 2. Repairs to other City Property. Within 30 days after the conclusion of the Event, the City will provide the CCCVB's Agent an itemized invoice for cost of repairs and damages, if any, on any other City property for the Event. If Deposit is not utilized for repairs to the Premises, any balance will be applied to the itemized invoice amount for the Event. CCCVB will pay City's invoice for damages, within 30 days after City tenders the invoice to CCCVB's Agent, less any amount(s) the CCCVB has disputed. 9. GENERAL PERMITS. CCCVB shall obtain necessary permits from City Departments, as outlined below. A. Special Evelli PRrmit. CCCVB will obtain a Special Event Permits from the Parks & Recreation Department for use of Park property and to authorize water services on Park property, as specified in the City Code of Ordinances. As part of the Special Event permit, a street closure process will govern any necessary street closures. CCCVB must provide the Street Director and Parks Director its site plan for the Event, application for the requested street closure, and proof of all affected property owners' approval of the proposed temporary street closure, in accordance with City Code of Ordinances. All temporary street closures on a temporary basis are subject to the requirements of City Code of Ordinances. B. Temporaw_ Promotional Event Permit CCCVB will obtain a Temporary Promotional Event Permit from Development Services in order to install electrical service for the Event. Further, a Certificate of Occupancy, which involves inspections, must be completed by the proper inspector, to have all temporary services, such as, food, electrical, plumbing, tents, and structures, inspected. It is the responsibility of the CCCVB to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. CCCVB may obtain an Electrical Permit and Tent Permit in lieu of the Temporary Promotional Event Permit to satisfy this requirement. C. Vendor Permit. CCCVB must ensure all mobile food units and temporary food service establishments comply with all requirements of the Corpus Christi- Nueces County Health District for the sale of foods and the protection of the public welfare. CCCVB shall be responsible for payment of all City Health Permit 1 Vendor and related fees. (For example, the Temporary Food Service Establishment Permit Fees established in City Code of Ordinances § 19-33.) D. AIr,Qhol Vendors. CCCVB must require all vendors to obtain and comply with appropriate permits, including permits from the Alcoholic Beverage CCCVB for the sale of alcohol, from the City for consumption and sale of alcoholic beverages on park land, and must comply with all requirements of the Corpus Christi - Nueces County Health District for the sale of foods and the protection of the public welfare. CCCVB shall be responsible for payment of all City Health Permit 1 Vendor and related fees. (For example, the Temporary Food Service Establishment 10 Permit Fees established in City Code of Ordinances § 19-33.) Any vendor that sells alcoholic beverages must furnish proof of Liquor Liability Insurance in the same amounts set out in §96 INSURANCE. Said Certificate of Insurance must be furnished to the Risk Manager at least two weeks prior to the starting date of the Event, annually. E. Fireworks Permit. If Fireworks are being hosted, CCCVB must obtain Fireworks Permit from the Fire Department. Any requested use of City property for fireworks launch must be approved separately by written agreement of the City Manager, with concurrence from the third party operator of the City facility, the City director overseeing the City property, and also compliance with additional insurance requirements imposed by the City Risk Manager. F. Water Events. For any water events, CCCVB must obtain necessary permits from the United States Coast Guard. G. Additional Permits. CCCVB's Agent shall notify the Parks Director of any special conditions imposed by any permitting agency. H. Music and Movie Licenses. CCCVB is solely responsible for obtaining licenses and permission from copyright owner(s) prior to the performance of music and display of movies at the Event. 10. ADDITIONAL PREMISES REQUIREMENTS A. Barricades, Traffic Signs. The CCCVB must comply with traffic control plan approved by City Traffic Engineer. Street access to Premises may not be blocked or partially blocked without detour signage and alternate street access. CCCVB shall contract with a third party company to implement traffic control plan provided by the City Traffic Engineering Department. Event setup will not begin without the protection of traffic control devices. B. r i The CCCVB will provide parking and signage for people with disabilities in close proximity to the entrances of the Event and its related activities C. Signage-and Advertising. CCCVB's Agent may request inflatable advertising only for Events that receive national television exposure which must be pre- approved by the Parks Director prior to being installed. On all advertising for the Event, Lessee shall recognize City's contributions to the Event. D. Rest Rooms. Drinking Water and_Eirst Aid—The CCCVB must provide adequate portable rest rooms, including restrooms for people with special needs, and drinking water for the public as determined by the Parks Director. A First Aid station must also be provided at each site throughout the duration of the Event and its related activities. E. Fence. CCCVB may provide temporary fence around Event areas, with gates for access, upon prior approval of the Parks Director. The fence will help improve security, crowd control, litter control, and keep bicycles, skateboards, animals, and personal coolers out of the Event area. Exhibit C may be revised to enlarge or decrease the fenced area in accordance with the CCCVB's needs upon Parks Director's concurrence, as outlined in §4, PREMISES REVISIONS. 10 F. Storm Water System Protection. _000VB must install screens, approved by City's Executive Director of Public Utilities, across all storm water inlets along Shoreline and within any closed streets within the Premises. Drainage must not be blocked. CCCVB must remove the screens within the nonexclusive use period after the close of the Event. However, CCCVB must remove screens (along with any trash that has accumulated over the screens) immediately if heavy rain is imminent, or upon the direction of the City's Executive Director of Public Utilities. _ G. Construction. The construction work for displays and stages must be conducted in accordance with City Building Codes and restrictions. Construction that causes damages will only be allowed if CCCVB provides the Parks Director prior written assurances that CCCVB will remedy said damages in accordance with §8 CCCVBS FINANCIAL OBLIGATIONS above and Parks Director approves the construction in writing. H. Temporary Buildinas. CCCVB must receive prior written approval from the Parks Director to place any Temporary Buildings on the grounds of the Premises. Otherwise, all temporary buildings moved onto Premises for the Event must be placed and remain on trailers to promote expeditious removal. All these buildings must be removed within the non-exclusive use time period. I. Pavement, Curbs, Sidewalks, Seawall. Any work which involves holes or other changes in any of the Premises including but not limited to, the pavement, curbs, sidewalks, or seawall, requires the prior written approval by City Director of Capital Programs, provided however, that no approval will be given if the work will require subsequent repairs by the City. J. Perl33issihie Vlodgr L2gati2l) r in No paint or semipermanent markings will be permitted which in any way obliterate or deface any pavement markings or signs heretofore existing for the guidance of motor vehicles or pedestrians. Chalk markings may be used to premark locations on the sidewalk or street. (Painted markings of any type will only be permitted in grassy areas). 11. CLEAN UP. CCCVB is responsible for trash pickup at the Event. CCCVB must require all food and beverage vendors to clean a designated zone adjacent to their respective booths at regularly scheduled intervals. CCCVB may designate the zone, but it will not be less than 10 feet by 20 feet in the immediate area around each food and beverage booth. The clean up will be hourly and immediately after closing the Event each day. All trash cleaned up must be properly deposited in a trash bag provided by the CCCVB and taken to a location designated by the CCCVB. CCCVB may hire and work its own clean up crew during and after the Event. If the Parks Director determines that additional clean up is necessary, Parks Director will give CCCVB's Agent 2 hours notice to increase services; and if it is still unsatisfactory, Parks Director may authorize use of City workers for reimbursement by CCCVB shall be pay. 12. RIGHT OF CCCVB TO USE PUBLIC STREETS. CCCVB acknowledges that the control and use of Public Streets is declared to be inalienable by the City and except for the use privilege granted herein, this Lease Agreement does not confer any right, title, or interest in the public property described herein. The privilege to use the City property granted herein is subject to the approval of the City Council and the compliance by CCCVB with the terms and conditions contained within this 10 renewed or materially changed without 30 days prior written notice to the Parks Director. The Risk Manager may increase the limits of insurance upon two (2) months written notice to CCCVB. 17. INDEMNITY. CCCVB shall indemnify and hold City, its officers, agents and employees ("indemnitees") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against indemnitees on account of injury or damage to person or property to the extent any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in pari by an act or omission, negligence, or misconduct on the part of the Indemnitees or on the part of CCCVB or any of its agents, servants, employees, contractors, vendors, patrons, guests, licensees, or invitees ("indemnitors') entering upon City property to set-up and take-down, hold, attend, or participate in the Frontera event and associated activities, with the expressed or implied invitation or permission of CCCVB, or when any injury or damage is the result proximate or remote, of the violation by Indemnitees or Indemnitors of any law, ordinance, or governmental order of any kind, or when the injury or damage arise out of, or be caused, either proximately or remotely, wholly or in part by an act or omission, negligence, or misconduct on the part of the Indemnitors under this Agreement. These terms of indemnification are effective whether the injury or damage may result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees, and in all cases where Indemnitees' actions are directly related to the Event, but not if the damage or injury results from gross negligence or willful misconduct of Indemnitees. CCCVB covenants and agrees that if City is made a party to any litigation against CCCVB or in any litigation commenced by any party, other than CCCVB relating to this CCCVB Lease Agreement, CCCVB shall defend City upon receipt of reasonable notice regarding commencement of the litigation. 18. NOTICE. Notice may 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 deposit if sent certified mail. Notice must be sent as follows: If to City: If to CCCVB: Director of Parks and Recreation Event Manager City of Corpus Christi Corpus Christi CCCVB P.O. Box 9277 101 N. Shoreline Blvd. Suite 430 Corpus Christi, TX 78469-9277 Corpus Christi, TX 78401 (361) 880-3461 FAX (361) 880-3864 19. ASSIGNMENT. CCCVB may not assign or transfer this Lease Agreement nor sublease the whole or any part of the Premises or make any alteration therein without the prior written consent of the City. 20. BREACH, TERMINATION. Any failure on the part of CCCVB to perform any of the covenants contained in this Lease Agreement, or any breach of any covenant or condition by CCCVB entitles City to terminate this Lease Agreement without 10 notice or demand of any kind, not withstanding any license issued by City and no forbearance by City of any prior breach by CCCVB is a waiver by or estoppel against City. In case of termination City is entitled to retain any sums of money theretofore paid by CCCVB and the sums inure to the benefit of City as a setoff against any debt or liability of CCCVB to City otherwise accrued by breach hereof. 21. NOT PARTNERSHIP OR JOINT VENTURE. This Lease Agreement may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from CCCVB by the City are compensation for provision of City services as described herein and for the right of CCCVB to use public property for the limited purpose described herein. 22. CITY SERVICES SUBJECT TO APPROPRIATION. The CCCVB recognizes that the services provided by the City pursuant to this Lease Agreement are subject to the City's annual budget approval and appropriation. The continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 of each year, is subject to appropriations and budget approval. The City does not represent that the expenditures requited by the City for the provision of services required by this Lease Agreement will be adopted by future City Councils, said determination being within the sole discretion of the City Council at the time of adoption of each fiscal year budget. 23. COMPLIANCE WITH LAWS. CCCVB must comply with all applicable federal, state, and local laws and regulations, including without limitation compliance with Americans with Disabilities Act requirements, all at CCCVB's sole expense and cost. 24. NON-DISCRIMINATION. CCCVB warrants that they are and will continue to be an Equal Opportunity Employer and hereby covenants that no employee, participant, invitee, or spectator will be discriminated against because of race, creed, sex, handicap, color, or national origin. 25. Disclosure of Interests. CCCVB agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at hftps://www.ethics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Govemment 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 information on the City Secretary's website at 26. ENTIRETY CLAUSE. This Lease Agreement and the incorporated and attached Exhibits constitute the entire Lease Agreement between the City and CCCVB for the use granted. All other Lease Agreements, promises, and representations, unless contained in the Lease Agreement, are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease Agreement and its Exhibits, of the terms, conditions, promises, and covenants relating to CCCVB's operations and the Premises to be used in the operations. The unenforceability, invalidity, or illegality of any provision of the Lease Agreement does not render the other provisions unenforceable, invalid, or illegal. 10 Executed in Duplicate Originals on , 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Keith Selman City Secretary Interim City Manager Approved as to form: By: Lisa Aguilar, Assistant City Attorney For the City Attorney 19 CORP S CHRISTI CONVENTION AND VISITORS BUREAU Name:4 Title: f Date: 19-� l 12 EXHIBIT A Description of Frontera and related activities Corpus Christi's rich and diverse history steps out into the spotlight with Frontera - an immersive experience that celebrates the people, places and events that make the Coastal Bend a historical and cultural cornerstone. Beginning November 2, 2018, the City of Corpus Christi Parks and Recreation Department, the Corpus Christi Convention and Visitors Bureau, the Corpus Christi Museum of Science and History, the Corpus Christi Downtown Management District, the Friends of Old Bayview Cemetery and the Corpus Christi Library system present a robust and introspective look into the well-known (and not-so-well known) stories that built its history. Event programming includes a Historic Old Town Square in Heritage Park, historical re- enactments at Old Bayview Cemetery, Coastal Bend Booknotes, Downtown Doc McGregor History Walk, Bay tour highlighting the Port of Corpus Christi and Seawall history, theatrical performances (with a modem twist) in La Retama Park, reopening the La Retama Park tunnels and special pricing at the Corpus Christi Museum of Science and History. For the purposes of this lease agreement, Frontera requests exclusive use of La Retama Park for the rehearsal and presentation of theatrical performances from October 29 - November 4, 2018. The park will be fenced and Frontera organizers will have tickets available for purchase for each performance at www.eventbrite.com. The organizers gratefully acknowledge Frontera's community partners and sponsors. 13 EXHIBIT B Dates of Frontera: Friday, November2, 2018 through Sunday, November 4, 2018 Set-Up: Monday,October 29, 2018,with phased staging, lights and production elements installation beginning on Wednesday, October 31, 2018. Take Down: Sunday,November 4, 2018 beginning in the early evening. 14 EXHIBIT C Tentative - Map and Description of City Property being Utilized. Specific site layoutmay be subject to change. ¥ _ �� � . _ � ` 4� • � , r 15 EX>EIIBIT D INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee (CCCVB) must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Director of Parks and Recreation Dept. two (2) copies 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, 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 $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations 4. Contractual Liability S. Independent Contractors 6. Personal Injury-Advertising Injury AUTO LIABILITY(including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased 16 VOLUNTEER ACCIDENT COVERAGE $10,000 for Accident Death and Dismemberment $$5,000 for Medical LIQUOR LIABILITY $1,000,000 Per Occurrence PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. Lessee shall be required to submit a copy of the replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Lessee or as requested by the City. Lessee shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn:Risk Manager P.O. Box 9277 Corpus Christi,TX 78469-9277 D. Lessee agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: List the City and its officers,officials, employees, and volunteers,as additional insureds by endorsement with regard to operations,completed operations,and activities of or on behalf 17 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, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance canned by the City of Corpus Christi for liability arising out of operations under this contract. 1. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 9S 2014 Insurance Requirements Parks and Recreation Dept. Frontera Event 12/29/2014 ds Risk Management SC GO H v AGENDA MEMORANDUM /rygoHPNNSEO First Reading Item for the City Council Meeting of September 11, 2018 1852 Second Reading Item for the City Council Meeting of September 18, 2018 DATE: August 22, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director, Parks & Recreation JayEll�cctexas.com 361-826-3460 Appropriation of Grant Funds from the National Recreation and Park Association CAPTION: Ordinance accepting a grant in the amount of $15,000 from the National Recreation and Park Association for the Conserve Our Parks CITGO Service Days. PURPOSE: Accept and appropriate grant funds from the National Recreation and Park Association in the No. 1067 Parks & Recreation Grants Fund. BACKGROUND AND FINDINGS: The grant funds are provided through the support of CITGO Petroleum Corporation. The funds will be used for the participation in the Conserve Our Parks CITGO Service Days. The Oso Bay Wetlands Preserve has partnered with the National Recreation and Park Association (NRPA) to facilitate three volunteer service events within our park system between July 2018 and May 2019. ALTERNATIVES: Do not appropriate funds. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Grant funds must be appropriated before they can be expended. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Legal, Finance FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: 2017- Expenditures 2018 (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item $7,500.00 $7,500.00 $15,000.00 BALANCE $7,500.00 $7,500.00 $15,000.00 Fund(s) Parks & Recreation Grant Fund 1067 Comments: None RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance MOU Documentation Ordinance accepting a grant in the amount of $15,000 from the National Recreation and Park Association for the Conserve Our Parks CITGO Service Days. Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $15,000 from the National Recreation and Park Association; appropriating grant in the No. 1067 Parks and Recreation Grants Fund for the Conserve Our Parks CITGO Service Days. 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 MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding(MOU), dated July 16,2018 (Effective Date), is made between National Recreation and Park Association (Grantor),a Virginia-based not-for-profit 501(c)3 with a mailing address of 22377 Belmont Ridge Road, Ashburn, Virginia,20148 (NRPA)and Corpus Christi Parks& Recreation Department,a provider of park, recreation,or community services in Corpus Christi,Texas with a mailing address of P.O. Box 9277,Corpus Christi,TX 78469(Grantee). Purpose The purpose of this MOU is to confirm approval of the terms goverriing the acceptance and use of Fifteen Thousand Dollars (S15,000)made available to Grantee for the implementation of the activities outlined in the Conserve Our Parks CITGO Service Days agreement(Attachment 1). Through the support of CITGO Petroleum Corporation,Grantor is managing the administration of this grant. Having been selected as a recipient of funding, Grantee is required to accept the tertius contained within this MOU in order to receive funding as a grant recipient, 1. Grant Funds and Requirements Upon signing of this MOU,Grantor will mail Grantee a check in the amount of Seven Thousand Five Dollars ($7,500,)and an additional Seven Thousand Five Hundred(57,500) will be issued in February 2019 for participation in the Conserve Our Parks CITGO Service Days,as outlined in Attachment 1.The Grantee will provide the Grantor with reports consistent with the established reporting schedule,with reports due in October 2018,January 2019, Apri 12019,June 2019. 2. Promotion Grantor and its desigriecs may use the Grantee and/or park names, photo$, and/or infon-nation in connection with this grant for promotional or other purposes, in any and all media, without lirrxitation and without further payment, notification,or perrra ssjori,except where prohibited by law, The Grantee ma makemiblic statements reeardine the 3rrant includino thl.Idontih of Grantor and CITGO Petroleum Corporation and the total pmnoint of the 2rant, provided that spy such statements have L!� n�nro�yqd in�adva nee�in w�rifln b�Gra�ntor. Such information may be used by the.Grantee in its efforts to solicit additional contributions for the Project and for general information purposes. 1 Limits of Liability Neither Grantor, nor CITGO Petroleum Corporation or any of its respective parents, subsidiaries,affiliates, officers, directors or employees shall be liable to Grantee and/or its affiliates for any liability o.fany kind relating to or arising out of participation in this project hereunder. 4. Confidentiality During the term of this MOU, the parties may learn certain confidential information of each other. For purposes of this MOU,confidential information means the confidential and proprietary informatioll, net gencolly known by non-party personnel,used by the disclosing party and which is proprietary to the disclosing party,and includes, without limitation, the disclosing party's trade secret or Proprietary personnel, financial, marketing and business information, including strategic, operations and other business plans or forecasts, and confidential information provided by the disclosing party regarding its employees,customers,vendors,sponsors and other contractors. Confidential information shall not be disclosed to non-party personnel. 5. Terni The term of this MOU will commence on the Effective Date and shall continue until completion of grant activities (after Grantee submits its final report to NRPA). 6. Use of Grant Funds The Grantee shall use the full amount of the grant for the purposes set forth in Section 1.Unless otherwise agreed in writing by the Grantor, the Grantee shall return any portion of the grant and the income earned thereon that is not expended for such purposes. The Grantee agrees not to use any portion of the grant or any income derived from the grant for the following: A. To carry on propaganda or otherwise attempt to influence legislation within the meaning of Section 4945(d)(1)of the Code; B. To influence the outcome of any specific public election or to carry on,directly or indirectly, any voter registration drive within the meaning of Section 4945(d)(2)of the Code; C. To provide a grant to an individual for travel, study, or similar purpose within the meaning of Section 4945(g) of the Code, without prior written approval of Grantor. D. Payments of salaries, other compensation, or expense reimbursement to employees of the Grantee within the scope of their employment do not constitute "grants" for these purposes and are not subject to these restrictions; E. Except as expressly may be authorized in the Grant Description, to provide a grant to any other organization without prior written approval of the Grantor; or F. To promote or engage in criminal acts of violence, terrorism, hate crimes, the destruction of any state, or discrimination on the basis of race, national origin' religion, military and veteran status, disability, sex,age,or sexual orientation,or support of any entity that engages in these activities. All unspent or uncommitted grant funds shall be invested in highly liquid investments (such as an interest-bearing bank account)with the primary objective being preserving the grant funds availability for the project. Any interest or other income generated by the grant funds must be applied to the purposes described in the Grant Description. 7. Audit NSA has the right to audit the Grantee's financial records relating to this MOU. Grantee should maintain their financial receipts and must make the records available at anytime as requested by NR's. If as a result of an audit, NRPA determines that funds were not spent in accordance with the purposes of this grant,the grantee may be required to return any funds not substantiated. If NRPA determines that grant funds were used for fraudulent PLWPOWS, the grantee may be barred from participation in any further programs. 8. Termitlation Either party may terminate this MOU at any time effective upon receipt of written notice by the other party of failure to perform.The non-perfornng party shall have sixty(60)days to cure its obligation. If the non- performing party fails to satisfactorily wire its obligation within this time this MMU will be terminated. Neither party shall be liable to the other by reason of termination of this MOU for compensation, reimbursement or damages for any loss of prospective profits on anticipated sales or for expenditures, investments, leases or other commitments relating to the business or goodwill of any of the parties,notwithstanding any law to the contrary. No termination of this MOU shall release the obligation to pay any sums due to the terrr�inating party which accrued prior to such termination. These parties have caused this MOU to be signed by their didy authorized representalives as of the date set forlb, National .eereatiotr an Park Association City sof Corpus Christi arks &Recreation Dept, r B�'' .� y: Printed Name: � Rebecca 3cklin� 1 rirtt�d Name: E..i® Film an Title: Senior QIP,Development Title., Director. Warks&Recreation Date: ._ - Date: Attachment I National Recreation and Park Association (NRPA) and Agency Agreement SCOPE OF WORK Purpose:The following scope of work outlines the roles and responsibilities that each organization agrees to complete as part of the attached agreement. Under this scope,the agency will Partner with NRPA to facilitate 3 volunteer service events within their park system that will engage a minimum of 25 people at each,for a total of at least 75 volunteers. Volunteer days must take place between July 2018-May 2019, Section 1.Activities The agency agrees to complete the following-, ..........__­....... Activity Target Date 1. Participate in a kick off call and attend a online training facilitated by NRPA July-August 2018 work—with NRPA—to iden-6—fy"a—p-p—ra'—priate volunteer projects that fit the needs of all stakeholders July-August 2018 I Participate in regular planning calls with all partners Ongoing 4, Provide staff support and volunteer leadership during both project planning and event day/s Ongoing Fl �eedm~d tools,equipmentand project specific materials(including gloves for volunteersAt events .......... 6, most 3 volunteer service events at sites within your park system that are at least 3 hours each July 2018- May 2019 Recruit volunteers from the local community, a minimum of 25 people for each site and a ongoing total of at least 75 8. Promote the events and partnership through various communication channels and ongoing outreach using the provided toolkit Provide refreshments for each event(Meals may be necessary depending on timing �XPectatior�sfore�ent) f At events 10. Provide opportunity for CITGO staff to address and engage with the volunteers if requested A At event 11. Di�s`plyco-branded event—signage andmaterialsprovided by NRPA during event and acknowledge CITGO's support in any remarks and/or promotion At events 12, Document the project by collecting photos,videos,quotes and stories during volunteer .L service events ongoing 13. Collect and document­imp�_ act metrics of volunteer activities using provided te late ongoing .�14.. ......m.�_ t�. .. Submit progress�'essr�pa�rt� RPA using provided templates October 2018, January 2019,April 2019,June 2019 N PA agrees to complete the following: Activity Target Date 1a Most a kick off call and facilitate event training_ roar agency 7"!--­`u---- wenar to park a eri staff ensuring evert ­ success and support. July-August 2018 2. Work with all stakeholders to select the three went sites aro activities that will _ ` ...� vities that viii fit everyone's � ..T., July-August 201E 3. NPA staff will conduct calls with host agency and appropriate re regional corporate partner t® E ensure event logistics and outcomes are met ongoing " 4. l RPA will provide a marketing tool kat to host agencies that contains sample press releases talking points/shared messaging, and sample social medla posts, In addition to the agency's August 2018 i local release NRPA will also issue a national release. 5. Barrage communications between all partners, including facilitating introductions between i m mr ignal CITGO and focal park staff € ngoin -. 6. Design, produce and ship co-branded event signage and materials to be used on-site during local events At everts Section 2.Joint ongoing activities RPA will hold regular check-in calls/meetings with agency staff bimonthly to discless activities related to this soar, se o� � v AGENDA MEMORANDUM N0ORPOR IEO Future Item for the City Council Meeting of September 11, 2018 1852 Action Item for the City Council Meeting September 18, 2018 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: Constance P. Sanchez, Director of Finance Constance P(a).cctexas.com (361) 826-3227 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 a( cctexas.com (361) 826-3169 Service Agreement for Arbitrage Compliance Services CAPTION: Motion authorizing a three-year service agreement for arbitrage compliance services with Arbitrage Compliance Specialists, Inc., Centennial, Colorado, for $46,500 with two one- year options for a potential multi-year contract amount of $77,500. PURPOSE: To approve a three-year service agreement with Arbitrage Compliance Specialists, Inc. to provide arbitrage compliance services for the Finance Department. BACKGROUND AND FINDINGS: The agreement provides arbitrage rebate compliance services related to reviewing the City's tax-exempt debt service funds, debts service reserve funds, capital projects funds, and other funds, into which tax-exempt proceeds may have been deposited. The Contractor will also assist in the event of an Internal Revenue Service (IRS) inquiry or audit related to arbitrage issues. The current contract is close to its expiration date. The Purchasing Division conducted a Request for Proposal process to obtain proposals for the new contract. The City received three responsive, responsible proposals for RFP No. 1269 Arbitrage Compliance Services that were evaluated against the criteria in the RFP and is recommending the award to Arbitrage Compliance Specialists, Inc., as the highest scoring firm providing the best value to the City. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-emergency. DEPARTMENTALCLEARANCES: Finance Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017- 2018 Current Year Future Years TOTALS Line Item Budget $0.00 $77,500.00 $77,500.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $77,500.00 $77,500.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Debt Services - 2010 Comments: The contract will be budged in the future year's budgets. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix RFP No. 1269 - Arbitrage Compliance Services Sr.Buyer-Roberta Ortiz Proposal Evaluation Arbitrage Compliance Specialists, American Municipal Tax- willdan Financial Services Inc. Exempt Compliance(AMTEC) Minimum Qualifications Must have operated continuously for a minimum of five years as Pass Pass Pass an established firm in providing same service No outstanding lawsuits during last 5 years or current litigation with Pass Pass Pass the City during last 5 years No outstanding regulatory issues last 5 years Pass Pass Pass References Provided for firm Pass Pass Pass Technical Proposal Technical Proposal(35 points) 32 28 25 Firms'Experience(15 points) Team Experience(10 points) Understanding of Project Scope(10 points) Interview Interview(30 points) 29 24 27 Firms'Experience(10 points) Team Identificaton(10 points) Understanding of Project Scope(10 points) Price 27 35 16 Price(35 points) Bonds(25 points) Assistance with IRS related issues(10 points) Totall 88 87 1 62 SC 0 > SERVICE AGREEMENT NO. 1269 U ARBITRAGE COMPLIANCE SERVICES bO RPOR Af� 1852 THIS Arbitrage Compliance Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Arbitrage Compliance Specialists, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide arbitrage compliance services in response to Request for Bid/Proposal No. 1269 ("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 arbitrage compliance 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 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 $46,500.00, 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: Judy Ann Villalon Department: Finance Phone: (361 ) 826-3651 Email: JudyAVCcctexas.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: Judy Ann Villalon Title: City Treasurer Address: 1201 Leopard Street 4th Floor, Corpus Christi, TX 78401 Phone: (361 ) 826-3651 Fax: (361 ) 826-4371 IF TO CONTRACTOR: Arbitrage Compliance Specialists, Inc. Attn: Doug Pahnke, CPA Title: President Address: 5975 S. Quebec St. #205, Centennial, CO 80111 Phone: (303) 867-7538 Fax: (800) 756-6505 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: T� Title: Date: $12!ft 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. 1269 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 ATTACHMENT A: SCOPE OF WORK 1. General Requirements The Contractor shall provide Arbitrage Services as required to ensure compliance with Section 148 of the Tax Code and Treasury regulations as amended, and assist the City in the event of an Internal Revenue Service (IRS) inquiry or audit related to arbitrage issues. The City is required to calculate interest earned on invested tax-exempt bond proceeds fund balances to determine the arbitrage rebate amount due to the Internal Revenue Service. The purpose of this scope is to establish parameters within which the Contractor is to provide Arbitrage Rebate Compliance Services related to reviewing the City's tax- exempt debt service funds, debts service reserve funds, capital projects funds, and other funds, into which tax-exempt proceeds may have been deposited. 2. Scope of Work - The Contractor Shall: 1 . Perform all required calculations including a calculation of arbitrage yield, arbitrage liability and yield restriction requirements not less than annually for each issue of outstanding obligations of the City. 2. Create and maintain records necessary to determine arbitrage liability. If any, on outstanding obligations of the City. 3. Review reports of investment and expenditure of bond proceeds as necessary to ensure compliance with the IRS. 4. Assist the City in preparing or causing to be prepared any schedules, reports, or records necessary to perform or support a calculation of arbitrage liability. 5. Provide the City a report of the calculations (including supporting documentation) of arbitrage liability within 90 days after the end of the fiscal year (fiscal year end September 30). 6. Prepare transmittals and forms necessary to report and pay arbitrage liability on time. 7. Assist the City in providing information and guidance to the City's client agencies as may be necessary from time to time to improve record-keeping and monitoring required for compliance with the IRS. Page 1 of 2 8. Provide advice and recommendation to the City concerning unique or extraordinary compliance issues that may arise from time to time. 9. Review opportunities and recommend options to minimize existing liabilities or increase retainable earnings. 10. Provide updates to staff regarding changes to IRS regulations regarding arbitrage rebate. 11 . Analyze and prepare post issuance financial calculations (arbitrage) to ensure compliance with IRS regulations. 3. IRS Inquire or Audit Assistance The Contractor shall assist and represent the City as necessary in the event of an IRS inquiry or audit. This work will be compensated on a loaded hourly rate basis. The loaded rate includes all compensation for these services. No additional costs will be allowed. Page 2 of 2 "‘\\;'-.V DATE: 7/16/18 Arbitrage Compliance Specialists, Inc. PROPOSER CITY OF CORPUS CHRISTI Revised Pricing Form 07/12/2018 PURCHASING DIVISION RFP No. 1269 Arbitrage Compliance Services AUTHORIZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, tor the purpose of restricting competition with regard to prices; b. Proposers is an Equipal Opportunity Employer; and the Disclosure of Interst information on file with City's purchaisng 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. 0 Page 1 of 2 ITEM DELIVERY DATE SIZE ISSUE DESCRIPTION MATURITY DATE UNIT ..Option COST YEAR 1 COST YEAR 2 COST YEAR 3 COST YEAR 4 Extension 1 COST YEAR 5 Extension Option 2 1 3/14/2008 13,445,000 North Padre Island Development Corp, 2008 9/15/2022 EA $350 $350 $350 $350 $350 2 4/2/2009 96,490 000 Utility Sys Rev Imp Bonds, 2009 7/15/2039 EA $450 $450 $450 $450 $450 3 8/20/2009 8,460 000 Comb Tax & Lmtd Pledge COs, 2009 3/1/2019 EA $450 $450 $450 $450 $450 4 4/8/2010 8,000.000 Utility Sys Rev Imp Bonds, 2010 7/15/2029 EA $450 $450 $450 $450 5450 5 7/22/2010 13,685,000 General Imp Bonds, 2010 3/1/2030 EA $450 $450 $450 $450 $450 3,000,000 Comb Tax & Lmtd Pledge Rev COs, 2010 3/1/2030 6 8/17/2010 5,500,000 Comb Tax Lmtd Pledge Rev COs, Tax 3/1/2030 EA $450 $450 5450 $450 $450 7 8/17/2010 14,375,000 Utility Sys Rev Imp Bonds, 2010A 7/15/2019 EA $450 $450 $450 $450 $450 8 8/17/2010 60,625,000 Utility Sys Rev Imp Bonds, Tax 2010 BAB _ 7/15/2040 EA $450 5450 5450 $450 $450 9 2/7/2012 44,695,000 General Imp Bonds, 2012 3/1/2026 EA $450 5450 5450 5450 $450 10 2/23/2012 7,390,000 Public Property Fin Contract Oblgtns, 2012 3/1/2024 EA $350 $350 $350 $350 $350 11 5/17/2012 52,500,000 Utility Sys Rev Imp Bonds, 2012 7/15/2042 EA $450 $450 5450 $450 5450 12 7/31/2012 8,340,000 General Imp Ref Bonds, Arpt Ref, 2012A 3/1/2023 EA $450 5450 $450 5450 $450 13 7/31/2012 9,880,000 General imp Ref Bonds, Arpt Ref, 2012E 3/1/2030 EA $450 5450 $450 $450 $450 14 8/2/2012 29,075,000 CC Bus & Job Dev Corp, Seawall Proj, 3/1/2026 EA 5350 5350 5350 5350 $350 15 9/27/2012 5,990,000 Comb Tax & Surplus Arpt Rev COs, 2012 3/1/2037 EA $450 $450 5450 $450 5450 16 12/27/2012 155,660,000 Utility Sys JL Rev & Ref Bonds, 2012 7/15/2042 EA $450 $450 $450 5450 $450 69,085,000 Utility Sys JL Rev Imp Bonds, 2012 7/15/2042 Page 1 of 2 ITEM DELIVERY DATE SIZE ISSUE DESCRIPTION MATURITY DATE UNIT COST YEAR 1 COST YEAR 2 COST YEAR 3 COST YEAR 4 Extension Option 1 COST YEAR 5 Extension Option 2 17 12/27/2012 29,855,000 General Imp Ref Bonds, 2012C 3/1/2023 EA $450 $450 $450 _ $450 $450 18 12/27/2012 107,660,000 General Imp Ref Bonds, Tax 2012 3/1/2038 EA N/A N/A N/A N/A N/A 19 7/31/2013 82,025,000 General Imp Bonds, 2013 3/1/2033 EA $450 $450 $450 $450 $450 20 12/19/2013 97,930,000 Utility Sys Junior Lien Rev Imp Bonds, 7/15/2031 EA $450 $450 _ $450 $450 $450 . 21 2/6/2014 30,555,000 CCBJDC Arena Project Ref, 2014 9/1/2025 EA $350 $350 $350 $350 $350 22 5/8/2014 8,000,000 Tax Note, 2014 3/1/2021 EA $350 $350 $350 $350 $350 23 5/16/2014 9,000,000 PPFCO, 2014 3/1/2026 EA $350 $350 $350 $350 $350 24 1/15/2015 2,600,000 Marina System Rev Bonds, Taxable 2015 9/30/2030 EA N/A N/A N/A N/A _ N/A 25 4/23/2015 93,600,000 Utility Sys JL Rev Imp Bonds, 2015A 9/30/2045 EA 5450 $450 $450 $450 $450 26 07/22/15 101,385,000 Utility Sys JL Rev Imp Bonds, 2015C 7/15/2044 EA $450 $450 $450 $450 _ $450 46,990,000 Utility Sys JL Rev Ref Bonds, 2015D 7/15/2026 27 8/27/2015 9/17/2015 90,520,000 62,785,000 General Imp Bonds, 2015 Nueces River Authority, 2015 3/1/2035 7/15/2027 EA EA $450 $350 $450 $350 S450 $350 $450 $350 $450 $350 28 29 10/20/2015 10,020,000 Comb Tax & Lmtd Pledge Rev COs, Tax 3/1/2035 EA N/A N/A N/A N/A N/A 30 10/20/2015 61.015,000 General Imp Ref Bonds, 2015 3/1/2029 EA $450 $450 $450 $450 _ $450 31 1/14/2016 2,000,000 Comb Tax & Lmtd Pledge Rev COs. 2016 3/1/2035 EA $450 $450 5450 $450 $450 32 8/11/2016 8/25/2016 16,430,000 Comb Tax & Lmtd Pledge Rev COs, 3/1/2036 EA EA $450 $450 $450 $450 5450 $450 $450 _ $450 $450 $450 16.130,000 80.415,000 General Imp Ref Bonds, 2016A Utility Sys JL Rev Ref Bonds, 2016 3/1/2029 7/15/2039 33 34 12/16/2016 5/2/2017 7.365.000 51 215,000 General Imp Ref Bonds, 2016A Utility Sys JL Rev Ref Bonds, 2017 9/1/2026 7/15/2045 EA EA $450 $450 $450 $450_ 5450 5450 $450 $450 $450 $450 35 36 7+17/2017 27,670,000 Utility Sys JL Rev Ref Bonds, 2017A 9/30/2020 EA 5450 $450 5450 $450 $450 37 11/21/2017 2.750,000 Utility Sys JL Rev Imp bonds, Series 2017 7/15/2025 EA $450 $450 5450 $450 $450 38 4/15/2017 2,500,000 Taxable CO's - Landfill, 2017 9/30/2027 EA N/A N/A N/A N/A N/A 39 3/1/2018 34,835,000 UtI Sub Ln Rev Refdg TWBD, 2018 7/15/2029 EA $450 $450 $450 $450 $450 _ 40 5/23/2018 16,355,000 General Improvement Bonds, 2018 3/1/2038 EA 5450 _ $450 $450 $450 $450 14,315,000 Tax & Lmtd Pldg CO - Street, 2018A 3/1/2038 7,490,000 Tax & Lmtd Pldg CO - Landfill, 2018B 3/1/2038 Total Per Year 515,500' $15,500' $15,500* $15,500' $15,500* Description Loaded Hourly Rate for 41 Assistance with IRS Related Issues (As Needed Per Year) UOM 10 HR/Per Year Loaded Rate Years 1 - 3 0.00 Exten Price Year 1-3 50.00 Loaded Rate Extension Option 1 $0.00 5 �d Extension Option 1 $0.00 Loaded Rate Extension Option 2 $0.00 Extended Price Extension Option 2 $0.00 *Note: In the event that ACS determines no gross proceeds exist for any bond issue, the annual fee for such bonds will be $0.00 and ACS will provide written confirmation no gross proceeds are present. The fees proposed above represent at not -to -exceed budget for each fiscal year. Page 2 of 2 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one 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. Construction contracts including excavation at three feet or more requires Pollution Liability Coverage. In addition, Construction contracts of more than five million dollars require Umbrella Liability 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. ERRORS & OMMISSIONS $1,000,000 Per Occurrence $2,000,000 Aggregate 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. 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. B. 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 1 of 2 C. 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: • 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; • 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. D. 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. 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. 2017 Insurance Requirements Financial Services Arbitrage Services 08/14/2017 cg Risk Management Section 5.(B) Bonds are not required for this service. Page 2 of 2 ATTACHMENT D: WARRANTY Section 8. Warranty of this service agreement is null; warranty is not required. Page 1 of 1 SC o� Va. AGENDA MEMORANDUM Future Item for the City Council Meeting September 11, 2018 "`O""°p"`E1852 Action Item for the Cit Council Meeting September 18, 2018 DATE: August 31, 2018 TO: Keith Selman, Interim City Manager FROM: Arlene Medrano, Business Liaison arlenem(a�cctexas.com (361) 826-3356 Type B Economic Development Agreement CAPTION: Motion approving an agreement with the Corpus Christi B Corporation for management of the Corporation's economic development funds. PURPOSE: The purpose of this item is to approve an agreement between the City of Corpus Christi and the Corpus Christi B Corporation for management of the Type B Economic Development Incentive Program. BACKGROUND AND FINDINGS: On November 8, 2016, residents of the City passed Proposition 1, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for(1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads. This Agreement between the Corporation and the City is executed to provide the specific and measurable services for the promotion and development of new and expanded business enterprises. The City may continue to contract with the CCREDC for the provision of these Services to the Corporation. The funds provided under this Agreement may not be used for any expenditures not related to the provision of the Services. For the initial term of the agreement, the City will not request reimbursement from the Corporation as the Services will be minimal. For renewal years, the City will request reimbursement in the annual budget process. The Type B Board approved recommended approval of this item at its July 16, 2018 meeting. ALTERNATIVES: Council could choose not to approve this item. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Conforms to policy. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget 0 Encumbered / Expended Amount 0 This item 0 BALANCE 01 1 Fund(s): Type B Fund Comments: N/A RECOMMENDATION: City staff recommends approval of this agreement. LIST OF SUPPORTING DOCUMENTS: Draft Agreement AGREEMENT BETWEEN CORPUS CHRISTI B CORPORATION AND CITY OF CORPUS CHRISTI FOR MANAGEMENT OF ECONOMIC DEVELOPMENT INCENTIVE PROGRAM This Agreement for management of the Economic Development Incentive Program ("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and the City of Corpus Christi ("City"). WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City passed Proposition 1, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for (1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City's City Council ("City Council")and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, the Board wishes to manage the use of the sales tax funds for economic development in an effective manner; WHEREAS, the City wishes to manage the sales tax funds for economic development and has contracted with the CCREDC to provide these services in the past; WHEREAS, the Board has determined that it is in the best interests of the residents of the City that the Corporation use economic development funds to repay the cost of managing the economic development projects funded by the Board, by execution of this Agreement; In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Economic Development Services. This Agreement between the Corporation and the City is executed to provide the specific and measurable services for the promotion and development of new and expanded business enterprises through the Services described in Exhibit "A" and incorporated in this Agreement by reference. The City may continue to contract with the CCREDC for the provision of these Services to the Corporation. The funds provided under this Agreement may not be used for any expenditures not related to the provision of the Services. 2. Payments. The Parties agree that the Corporation will pay the City the annual amount budget for these Services in four equal payments at the start of each quarter for the provision of the Services. For the initial term of the agreement, the City will not request reimbursement from the Corporation as the Page 1 of 4 Services will be minimal. For renewal years, the City will request reimbursement in the annual budget process. The budget shall be approved by the Board and the City Council. 3. Effective Date. The effective date of this Agreement is the date on which the City Council grants approval for this Agreement, and it is signed by all parties. 4. Term. The term of this Agreement is for 18 months beginning April 1 , 2018 and expiring on September 30, 2019. At the end of any term, this Agreement shall automatically renew for successive one-year terms, ending on September 30 of each year, unless terminated as provided in this Agreement. 5. Termination. The Parties may, by written agreement, terminate this Agreement at any time. In the event of such termination, the City will be entitled to reimbursement for any Services provided up to the date of termination. Prior to the expiration of the initial term or any renewal term, either party may terminate this Agreement by providing 90 days' written notice of non-renewal to the other party. 6. Amendments or Modifications. No amendments or modifications to this Agreement or to the Services may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 7. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to Corporation: City of Corpus Christi B Corporation Attn: President 1201 Leopard Street Corpus Christi, Texas 78401 If to City: City of Corpus Christi Attn: City Manager's Office 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78401 b. Notice is effective upon deposit in the United States mail in the manner provided above. Page 2 of 4 8. Relationship of Parties. In performing this Agreement, the Corporation and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint- venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. CORPUS CHRISTI B CORPORATION CITY OF CORPUS CHRISTI President Samuel Keith Selman Interim City Manager Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Assistant City Attorney Page 3 of 4 EXHIBIT A The City will provide the following specific and measurable services for the Corporation: Service as the conduit for all primary/base employers interested in local assistance from Type B. Preparation of a proposal for each project and include information on the company, industry, markets, and products. Each proposal will documentjob creation and capital investment numbers for inclusion intheproposal. Suggest a proposed deal structure for each project. Preparation of an economic and fiscal impact analysis of the project. An analysis of the company's financial strength relative to industry standards. Development of the necessary performance agreements. Annual performance audits (compliance testing) and report of the findings to Type B. Preparation of proposals for all small business assistance programs. Processing of all invoices for payment Annual budget for small business assistance programs. Preparation of proposals for all education and job training skills development projects. Annual budget for education and skills development projects. Page 4 of 4 SC o� Va. AGENDA MEMORANDUM v Future item for the City Council meeting of September 11, 2018 NCRRPUFPIAction Item for the City Council meeting of September 18, 2018 1852 DATE: August 22, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikema(a-)cctexas.com 886-2604 Interlocal agreement with City of Robstown for distribution of grant funds CAPTION: Resolution authorizing an Interlocal Agreement with City of Robstown for distribution of $10,217 from FY2017 Edward Byrne Memorial Justice Grant Program. PURPOSE: The City of Robstown has been included in the fund distribution for the City of Corpus Christi and Nueces County. BACKGROUND AND FINDINGS: Under the Justice Assistance Grant (JAG) (previously Local Law Enforcement Block Grant LEBG), we have been declared a disparate jurisdiction and have agreed to provide $10,217 of the appropriated funds to the City of Robstown. A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one-half times more (four times more for multiple units of local government) than another constituent unit(s), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). Grant year 2017 is the first year the City of Robstown has had a specific allocation of funds designated. The City of Robstown City Council approved the interlocal agreement on August 20, 2018. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTALCLEARANCES: 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 $10,217 $10,217 BALANCE $10,217 $10,217 Fund(s): Police Grants Fund Comments: RECOMMENDATION: Staff recommends submitting the application. LIST OF SUPPORTING DOCUMENTS: Interlocal agreement with City of Robstown. Resolution authorizing Interlocal Agreements with City of Robstown for distribution of $10,217 from FY2017 Edward Byrne Memorial Justice Grant Program funds. Whereas, the City of Corpus Christi was awarded $10,217 for the City of Robstown in the FY2017 Edward Byrne Memorial Justice Grant Program BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute an Interlocal Agreement with the City of Robstown to establish terms to distribute $10,217 of the Edward Byrne Memorial Justice Grant (JAG) Program FY 2017 Local Solicitation to City of Robstown. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith i i i i i GMS APPLICATION NUMBER 2017-H2587-TX-DJ i THE STATE OF TEXAS i KNOW ALL BY THESE PRESENT COUNTY OF NUECES INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE CITY OF ROBSTOWN EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FISCAL YEAR 2017 LOCAL SOLICITATION AWARD This agreement is made and entered into this 20th day of August , 2018, by and between the City of Corpus Christi, acting by and through its governing body, the City Council ("CORPUS CHRISTI"), and the City of Robstown, acting by and through its governing body, the City Council ("ROBSTOWN"), both of Nueces County, State of Texas, witness: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to thatI party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY agrees to provide the ROBSTOWN $10,217 JAG funds received from Fiscal Year 2017 award; and WHEREAS, the CITY and ROBSTOWN believe it to be in their best interests to reallocate the JAG funds. I F Page 1 of 3 GMS APPLICATION NUMBER 2017-H2587-TX-DJ NOW THEREFORE, the ROBSTOWN and CORPUS CHRISTI agree as follows: Section 1. CORPUS CHRISTI agrees to pay ROBSTOWN $10,217 of the JAG funds received from this award. Section 2. ROBSTOWN agrees to use the $10,217 of JAG funds received from CORPUS CHRISTI under this agreement for the enhancement of law enforcement until September 30, 2020. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against ROBSTOWN other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CORPUS CHRISTI other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. Page 2 of 3 GMS APPLICATION NUMBER 2017-H2587-TX-DJ CITY OF CORPUS CHRISTI CITYOF ROBSTOWN Keith Selman da rrera Interim City Manager ay ATTEST: Rebecca Huerta 4rp-an Rodrigue City Secretary City Secretary APPROVED AS TO FORM: Buck Brice Wtt Assistant City Attorney rney For City Attorney August 20 2018 Date Date Page 3 of 3 so O F v AGENDA MEMORANDUM NCORPORA11 Future Item for the City Council Meeting of September 11, 2018 1852 Action Item for the City Council Meeting of September 18, 2018 DATE: August 16, 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 Daniel McGinn, AICP, Director of Planning and Environmental & Strategic Initiatives Daniel Mc@cctexas.com (361) 826-7011 Professional Services Contract Area Development Plans —Southside, London, &Westside Planning Districts (General Fund - Comprehensive Planning) CAPTION: Motion to authorize execution of a professional services contract with Freese and Nichols, Inc. of Corpus Christi, Texas in the amount of$300,000 for the Area Development Plans project. PURPOSE: This item will result in updated Area Development Plans for the Southside, London, and Westside planning districts. BACKGROUND AND FINDINGS: The City of Corpus Christi is divided into nine (9) planning districts that each have their own Area Development Plan (ADP). Area Development Plans provide guidance regarding community vision, infrastructure planning, and policy priorities which provide a framework for staff, City Council, and regional agency partners to make long-range decisions. All three Area Development Plans for the Southside, London, and Westside districts were originally adopted in the 1980s. The outdated plans do not reflect current conditions or future needs of these districts. Project No:E17119&E17120 (Page 1) SW/C7 Legistar No.:18-1056 Rev.0—8/16/2018 Through this item, the ADPs for the noted districts will be updated to establish current conditions, community vision and goals, and implementation strategies identifying priority infrastructure, policy, and programmatic initiatives for the next 20 years. The planning process will emphasize community outreach, and the plans will consider existing conditions, future needs, land use patterns, public infrastructure requirements, environmental impacts, fiscal impacts, and implementation strategies. With the adoption of Plan CC, the City's comprehensive plan, in the fall of 2016, the Planning Division was tasked with updating all nine ADP's. Following the adoption of The Downtown ADP in the spring of 2018, the Southside, London, and Westside planning districts are the next three ADPs that will be updated. ALTERNATIVES: 1. Authorize execution of the professional services contract. (Recommended) 2. Do not authorize execution of the contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols, Inc., was selected through RFQ 2018-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Planning and Environmental & Strategic Initiatives FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 314,000 314,000 Encumbered / Expended Amount This item 300,000 300,000 Future Anticipated Expenditures This 14,000 14,000 Project BALANCE 0 0 Fund(s): General Fund RECOMMENDATION: Staff recommends execution of the professional services contract. Project No:E17119&E17120 (Page 2) SW/C7 Legistar No.:18-1056 Rev.0—8/16/2018 LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Project No:E17119&E17120 (Page 3) SW/C7 Legistar No.:18-1056 Rev.0—8/16/2018 PROJECT BUDGET ESTIMATE Area Development Plans Southside and London Planning Districts Westside Planning District PROJECT FUNDS AVAILABLE: Comprehensive Planning (General Fund) 314,000 TOTAL FUNDS AVAILABLE 314,000 FUNDS REQUIRED: Area Devepment Plans:...................................................................................... 300,000 Engineer(Freese and Nichols, Inc.)................................................. 300,000 Reimbursements:............................................................................................... 14,000 Contract Administration(Eng. Svcs Admin/Finance/Capital Budget)..... 6,000 Engineering Services(Project Mgt)............................................... 7,500 Mi s c....................................................................................... 500 TOTAL 314,000 ESTIMATED PROJECT BUDGET BALANCE - CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E17119 Area Development Plants - Southside and London Planning Districts & E17120 Area Development Plans - Westside Planning District The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and FREESE AND NICHOLS, INC., 800 N. Shoreline, Suite 1600N, Corpus Christi, Nueces, Texas 78401 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS Contract for Professional Services Page 1 of 11 ARTICLE I –SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as 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 $300,000. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three(3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Contract for Professional Services Page 3 of 11 Payment Requests have been previously issued and payments received from City shall, to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH OR UNDERTHE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Contract for Professional Services Page 4 of 11 Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project' refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's best judgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Contract for Professional Services Page 5 of 11 Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. ARTICLE VIII —TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins,within three days of receipt of such notice,to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. Contract for Professional Services Page 6 of 11 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and Contract for Professional Services Page 7 of 11 (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 12.2.2 Before invoking mediation,the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management Contract for Professional Services Page 8 of 11 representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.3.4 The parties shall share the mediator's fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contractor tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 I n case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. 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. Contract for Professional Services Page 9 of 11 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 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. Contract for Professional Services Page 10 of 11 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 FREESE AND NICHOLS, INC. 12 8/15/2018 Jeff H. Edmonds, P.E. (Date) Ron Guzman, P.E. (Date) Director of Engineering Services 800 N. Shoreline, Suite 1600N Corpus Christi, TX 78401 (361) 561-6500 Office (361) 651-6501 Fax rg@freese.com APPROVED Assistant City Attorney Date ATTEST City Secretary Date Fund Name Accounting Unit Account Activity Amount No. No. General Fund- E17119-01- Comprehensive Planning 1020-11455-071 530000 1020-EXP $175,000 General Fund- E17120-01- Comprehensive Planning 1020-11455-071 530000 1020-EXP $125,000 Total $300,000 Contract for Professional Services Page 11 of 11 approaches j Practical results r-001VICHOLS 1; Outstandingsmice 2711 N.Haskell Avenue,Suite 3300 - Dallas,Texas 75204 - 214-217-2200 - FAX 817,735 7491 www_freese com July 30,2018 Sarah West, P.E.,CFM Major Projects Engineer City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 Re: E17119 Area Development Plans-Southside and London Planning Districts E17120 Area Development Plans-Westside Planning District Dear Ms.West: Freese and Nichols,Inc. (FNI) is pleased to submit the scope of work and associated attachments to prepare three new 20-year Area Development Plans (ADPs)for the following planning districts; Southside(33.2 sq. miles), London(Outside City Limits-10.6 sq, miles),and Westside(22 sq.miles).The London Area and Southside Area are anticipated to occur concurrently.The work includes extensive community outreach to develop Vision,Goals and Objectives.The planning process will emphasize a community outreach process that incorporates high-tech,web-based platforms (such as web-hosted interactive map applications that will gather community input),with complimentary low-tech approaches.The plans will consider existing conditions, needs and implementation strategies. This includes land use patterns, public infrastructure, environmental impacts, fiscal impact analysis, etc. FNI agrees to perform the professional services outlined in the Scope of Work for a lump sum fee of $300,000.00.We are excited to work with the City of Corpus Christi and provide excellent client service. Sincerely, Wendy Shabay,A1CP Principal/Vice President cc: Daniel McGinn; Keren Costanzo, AICP LEED AP Attachments: Scope of Work Compensation:Summary of Fee Area Development Plans Study Location Map Proposed Project Schedule EXHIBIT A Page 1 of 23 TASK A—SOUTHSIDE AND LONDON AREA DEVELOPMENT PLANS SCOPE OF WORK These plans will to prepare new 20-year Area Development Plans (ADPs) for the following planning districts; Southside (33.2 sq. miles), and London (Outside City Limits — 10.6 sq. miles). The plans will consider existing conditions, needs and implementation strategies. This includes land use patterns, public infrastructure, environmental impacts, cost benefit analysis, etc. The scope of work for the plans are contained in the following sections. Project Limits: Southside & London Planning Districts (see attached map) The scope of work is outlined below. TASK 1 — PROJECT MEETINGS AND COMMUNITY ENGAGEMENT 1.1: Project Kickoff Meeting and Area Developments Tour(1 Meeting) Prior to initiating work, the Freese and Nichols, Inc. (FNI)team will conduct a kickoff meeting to discuss our understanding of the project, the project schedule, scope, communication methods, as well as request/receive any additional data that will be required for the study. The City staff should provide GIS files for the study area, background materials on any previous studies, current design standards, any updates to the comprehensive plan and land use ordinances. Recommended attendees include City project manager and staff, and others that will ultimately guide the progress, findings and recommendations of the plans. The FNI team would also like to discuss the following items: • Project vision, goals, and objectives • Priorities for transportation, housing and land use improvements • Composition of the Advisory Committees • Public involvement strategies • Project expectations The City will provide a meeting location and will notify attending team members of the location and time for the meeting. Following the project kick-off meeting, the FNI team will participate in a City-led tour of each study area to discuss challenges, issues and opportunities. Deliverables:Meeting agenda,sign-in sheet, contact list, and summary notes City of Corpus Christi—Area Development Plans Scope of Work Pagel of 21 EXHIBIT A Page 2 of 23 1.2: City Staff Progress Meetings The FNI team will conduct scheduled conference calls with City staff to discuss project progress, key action items and responsibilities, and project schedule. Freese and Nichols will prepare an agenda and a checklist with action items, responsibilities and due dates for appropriate team members, and will schedule and notify attendees of the meetings via e-mail. Deliverables:Meeting agenda/checklist with key discussion items noted and action items. Meetings should be held at key milestones during the project. 1.3: Advisory Committee (4 Meetings) The Advisory Committee (AC)will be formed by the Client and facilitated by members of the FN I team. The AC will be composed of various stakeholders and has the primary responsibility of guiding the activities of the Plans and providing input into the process. The FNI team will meet with the AC at key points during the planning process to discuss key issues related to the development of the Area Development Plans. The City will be responsible for providing a venue for the Committee meetings, and will notify Committee Members of meeting dates and times. The FNI team will provide agendas and materials for discussion at each meeting. The FNI team will: • Participate in four(4) AC meetings throughout the course of the project to update the Committee and get feedback on the process and preliminary recommendations • Assist with defining the planning process • Receive input from the Committee on a plan for obtaining broad community support We propose one (1) committee representing both Southside and London areas (at times the committee could be subdivided into two focus groups, based on the meeting's agenda, content and planned exercises). Deliverables—Meeting agendas, any meeting materials and summary notes with key discussion items noted and action items. Meetings should be held at key milestones during the project for a total of four(4) trips. 1.4: Community Engagement The foundation of the Area Development Plans will be community and stakeholder participation. Community and stakeholder involvement should be inclusive, creative and energetic. Our community engagement process is aimed at educating the various stakeholders and constituencies regarding the City of Corpus Christi—Area Development Plans Scope of Work Page 2 of 21 EXHIBIT A Page 3 of 23 purpose of the livable centers study, and garnering feedback and insight into community need, perceptions, and interests. To bring the community into the process and keep them involved, the Freese and Nichols team will utilize a variety of input techniques. 1.4.1: Project Website and Social Media A project website, created and maintained by City staff, will provide information on the process, a list of events and information such as presentations and graphics as they are developed. The project website will be used to host the online community survey (MetroQuest), to be advertised during the beginning of the project. We will also utilize the City's Facebook and any other City social media accounts to keep the community informed of project updates, events, and to provide information on the importance of planning. The FNI team will provide content and materials to be posted to the project website and any other social media platforms the City desires to post project information. Deliverable—Development of content for the project website and social media, and creation of the online community survey(Metro Quest) 1.4.2: Community Workshop (Town Hall/1 Meeting) The FNI team will facilitate one (1) community workshop to share information about the project, gather community input, and generate further support for the plans. The purpose of this workshop will be to inform and engage the community in the planning process. Specifically, this workshop will explain the planning process, provide an update on the work completed to date, solicit input and feedback, and answer questions of concern and interest expressed by residents and business interests. A variety of engagement tools can be used during the process and will be discussed with City staff during the project kickoff. The Client will be responsible for printing flyers, printing postcards, identifying meeting participants, providing postage and mailing flyers and postcards, if desired. The FNI team will facilitate one (1) community workshops. Meeting space and locations to be determined and hosted by the Client. Deliverables—(1)Items for meeting agendas and preparation of boards or PowerPoint presentation to be used at meetings;(2)Press release write-ups;(3) Summary of public involvement activities/results 1.4.3: Community Think Tank (Charettes/4 Days) City of Corpus Christi—Area Development Plans Scope of Work Page 3 of 21 EXHIBIT A Page 4 of 23 The FNI team will facilitate a four-day community think tank, charette style, event to allow citizens, stakeholders and business owners to provide ideas and think through solutions for any issues related to the respective Southside and London areas. Portions of the think tank will be dedicated to each area. The FNI team will have expert planners and engineers to help provide information and address questions and comments during the charettes. The information gathered and produced during the community think tank will help support plan recommendations and implementation. Deliverables—(1)Materials and preparation of Point presentation to be used at meetings;(2)Press release write-ups;(3)Summary of activities/results 1.5: Community Meeting (1 Meeting) The Freese and Nichols team will present the Area Development Plans final recommendations to the community. City staff will be responsible for marketing and noticing, securing a venue. (Deliverable—Digital PowerPoint Presentation) TASK 2— EXISTING CONDITIONS AND ANALYSIS Building upon previous studies and plans, GIS data, and field observations, the Freese and Nichols team will inventory and analyze the existing land uses, transportation, housing, natural environment, and infrastructure within the study areas. 2.1: Analysis of Previous Studies and Plans The FNI team will collect and analyze existing studies and plans that relate to the study areas, such as the City of Corpus Christi Comprehensive Plan, Thoroughfare Plan, Adopted Zoning Regulations, current CIP, Infrastructure Plans, Parks and Open Space Plan/Improvements, Regulatory Plan/Impacts, etc. The Client should provide copies of any existing studies and plans, if they are not available on the City's website. 2.2: Existing Land Uses The mix and proximity of current residential and non-residential land uses will be evaluated, creating a baseline to understand the existing relationships. Recommendations and strategies to fill voids or enhance current connections will be evaluated after the existing land uses are mapped. City of Corpus Christi—Area Development Plans Scope of Work Page 4 of 21 EXHIBIT A Page 5 of 23 Based on the existing land use assessment, land use demand/projections for the next five, ten and twenty years by land use type will be recommended. Deliverables—Map and explanation of the existing land use patterns within the Study areas;land use demand/projections for the next five, ten and twenty years 2.3: Pedestrian Connectivity and Transportation Evaluation An evaluation of the existing transportation network and traffic volumes (obtained from TxDOT and CCMPO)will provide a detailed understanding of how future development will affect the study areas and surrounding development(s). We will evaluate commuter behavior and trends, and existing levels of demand, as well as origins and destinations. The current pedestrian network will be documented and mapped, and potential gaps and needs evaluated with respect to proposed development/redevelopment projects. Future pedestrian connections will be identified based on the findings of the needs analysis and the desire to maintain logical, accessible connections. Bicycle facilities and potential trails are also important to multi-modal connectivity in Corpus Christi and will be identified in the study areas. The FNI team will review existing documents and data related to pedestrian connectivity, mobility and the overall transportation network. We will document the study area's transportation systems and data based on information from existing sources or obtained from field visits. • Transportation system evaluation • Existing and planned bike facilities • Existing sidewalk facilities • Existing traffic volumes from available data, traffic control and roadway geometry • Parking Deliverables—Map or illustrate existing conditions related to the outline items above, and develop findings, analysis and recommendations 2.4: Infrastructure and Natural Environment The study will evaluate existing infrastructure and the natural environment in the study areas, and its effects on existing and future land uses. Lifecycle cost of infrastructure will also be evaluated to determine maintenance and replacement cost, annualize those costs, and compare to annual revenues City of Corpus Christi—Area Development Plans Scope of Work Page 5 of 21 EXHIBIT A Page 6 of 23 intended to fund those costs. Infrastructure to be considered is roadways, water, wastewater and stormwater. Deliverables—Map or illustrate existing conditions related to the outline items above, and develop findings, analysis and recommendations 2.5: Housing and Neighborhoods Assessment The assessment of housing and neighborhoods will provide the strengths, weaknesses, challenges and opportunities of neighborhoods. The high-level assessment will explore potential neighborhood programs and strategies, allowing the City to utilize its neighborhood resources more efficiently and effectively. We will also explore housing demand and explore housing needs. This assessment will tie into the land use recommendations for, multifamily, single-family, and missing middle housing. Deliverables—Housing and neighborhood assessment identifying characteristics, assets,issues, challenges and opportunities of neighborhoods within each study area 2.6: Fiscal Impact Analysis The FNI team will use the Fiscal Impact Model developed for the fiscal impact analysis of the Corpus Christi Comprehensive Plan, Plan CC, as the foundation for this scope of work. Modifications will need to be made to address specific fiscal questions. 2.6.1: Define/Refine Fiscal Questions and Obtain Growth Projections to Model In this task, we will work with the City to refine the fiscal questions to be addressed. In addition, the FN team will provide the growth assumptions for each Area Plan (i.e., number and types of housing units; amount and type of nonresidential development (square footage); absorption assumption; average property values.) Deliverable—Brief Memorandum outlining questions to be addressed,growth assumptions,and fiscal impact approach;conference calls as necessary with relevant City staff 2.6.2: Develop/Update Level of Service, Cost, and Revenue Factors In this task, we will hold one (1) on-site meeting and conduct conference calls with City personnel as necessary to modify the Fiscal Impact Model developed for the previous Comprehensive Plan effort to reflect the specific fiscal questions identified. The purpose of City of Corpus Christi—Area Development Plans Scope of Work Page 6 of 21 EXHIBIT A Page 7 of 23 these meetings is to understand the differences and operating/facility needs relative to the two geographic areas—specifically: ■ Southside Area–Service and facility needs specific to this area; existing capacities to serve the area; triggers for new facilities and expanded service. ■ London Area–Service and facility needs due to potential annexation. Average property values; differences in demographic profiles. Deliverable–See Task 2.6.3; One(1)on-site meeting and conference calls as needed with City staff 2.6.3: Modify Cost and Revenue Factors Information obtained during the previous task will be used to vary the relevant cost and revenue factors. This task will modify different cost components for the various service providers, including both facility and non-facility related operating expenses, methodologies for forecasting future capital facility needs, and associated operating expenses, specific to the Areas being evaluated. Deliverable–See Task 2.6.5 2.6.4: Modify Fiscal Impact Model and Conduct Fiscal Impact Analyses The FNI team will modify the original city's Fiscal Impact Model for these plans based on the information and factors identified in the previous tasks and Level of Service memorandum. The team will conduct three fiscal impact analyses to address the specific questions identified in Task 2.6.1 . Deliverable–See Task 2.6.5 2.6.5: Prepare Fiscal Impact Technical Memos The FNI team will prepare Fiscal Impact Technical Memos for each Area Plan that describes the fiscal findings. It is anticipated the memo will have the following sections: ■ Introduction ■ Questions Posed ■ Major Assumptions ■ Final Results (May be cumulative, annual, and/or average annual) ■ Major Revenue, Operating Costs, and Capital Cost Findings City of Corpus Christi–Area Development Plans Scope of Work Page 7 of 21 EXHIBIT A Page 8 of 23 The technical memo will be a standalone document, which will be understood by all interested parties. After City review, the final report will be issued. Deliverable—Draft and Final Fiscal Impact Analysis Technical Memoranda TASK 3— PRELIMINARY RECOMMENDATIONS, CONCEPTUAL AND IMPLEMENTATION PLANS Utilizing data from Task 2, stakeholder and community input, professional experience with other successful implementation strategies, the team will formulate recommendations, conceptual and implementation plans for in each study area. The plans will focus on land use, housing, transit/transportation, and other strategic investment opportunities that seek to capitalize on the area's assets. The plans will include policy strategies aimed at encouraging private investment consistent with the City's goals for development and redevelopment within the Study areas. A key component of the plan will be specific implementation steps and necessary capital improvement recommendations. 3.1: Conceptual Plan The conceptual plans will help promote the vision and guide implementation in each study area. The FNI team will prepare two-dimensional exhibits, building upon the ideas generated in prior meetings. The concept plan(s) will be created with a development program of recommendations from information collected in Tasks 1-3. The conceptual plan(s) will show the physical buildout/future land uses of development in key areas within the Study areas. The conceptual plan(s)will become the map exhibits that will support the policy, strategies, and recommendations developed during the process. Deliverable:Conceptual plan illustrating existing buildings,proposed infill,streetscapes and transportation, housing, infrastructure, and key planning strategies 3.2: Implementation Plan The implementation plan will consist of the following primary areas: • An assessment and recommendations of the most likely land uses, and development/ redevelopment opportunities given the existing conditions and fiscal impact analysis. Recommendations will be accompanied by partnership opportunities, potential funding sources, and the projected timeframe for implementation. Projects with the potential for immediate implementation will be identified and prioritized, as well as catalyst projects with the potential for addressing multiple goals and kickstarting investment. City of Corpus Christi—Area Development Plans Scope of Work Page 8 of 21 EXHIBIT A Page 9 of 23 • Policy recommendations aimed at establishing a regulatory and incentive structure that encourages the implementation of the recommendations will be provided. These strategies will include incentive tools that encourage private investment and public-private partnerships. • A list of proposed capital improvements that support the proposed redevelopment recommendations. Special attention will be given to matching potential catalytic public infrastructure projects with priority private development catalyst projects and existing infrastructure plans to achieve the largest impact. Deliverable:An implementation plan structured into a coordinated action program. The implementation plan will identify action items,priorities,potential funding options,partners, and timeline TASK 4—DRAFT SOUTHSIDE AND LONDON AREA DEVELOPMENT PLANS 4:1: Draft Report The Freese and Nichols team will prepare draft Area Development Plans, documenting the work outlined in the previous tasks. The draft Area Development Plans will be provided via email. The FNI team will provide a digital formatted copy for review. The draft study will be submitted to the City of Corpus Christi and AC for review. The draft study should include, but is not limited to, the following: an acknowledgment page, a table of contents, figures and tables, an executive summary, the findings of tasks one through three, conclusion, and appendices as needed. A reasonable review period will be requested from the Client, as well as, one point-of-contact to collect all comments to be submitted to the Freese and Nichols Team. Deliverables:Draft plan in electronic format for review,maps that are a part of the draft report will be submitted as separate files;existing conditions maps and policy level planning items such as land use, zoning or major transportation route recommendations will be prepared in GIS format,site specific recommendations such as conceptual planning will be prepared in AutoCAD format,and no more than three(3)revisions of the plans TASK 5—FINAL SOUTHSIDE AND LONDON AREA DEVELOPMENT PLANS 5:1: Final Report Upon completion of review of the draft Area Development Plans, the FNI team will prepare the final Southside and London Area Development Plans. The Final Study should include, but is not limited to, City of Corpus Christi—Area Development Plans Scope of Work Page 9 of 21 EXHIBIT A Page 10 of 23 the following: an acknowledgment page, a table of contents, figures and tables, an executive summary, the findings of tasks one through three, conclusion, and appendices as needed. The Final Study will be high quality with clear images and illustrations with written text. All maps and tables will be properly cited and contain keys when appropriate. The Freese and Nichols team will apply its internal quality assurance controls to achieve a high quality Final Study. A reasonable review period will be requested from the Client, as well as, one point-of-contact to collect all comments to be submitted to the Freese and Nichols Team. The Freese and Nichols team will attend one (1) City Community meeting. At this meeting, the Consultant will present the planning scope, process, findings and final recommendations for adoption. If additional meetings are necessary, the Client agrees to conduct the meetings or negotiate additional services with the Consultant. After adoption by the Corpus Christi City Council, the Freese and Nichols team will provide the Final Study using Adobe InDesign along with all project files such as GIS shapefiles, meeting minutes, survey results, etc. Deliverables:Electronic submittal of study for one(1)final review,one(1)final presentations for City adoption;final Corpus Christi Area Development Plans(one high-resolution and one low-resolution electronic format file);two (2)flash drives or a web-based file sharing platform containing electronic files of final study in InDesign and as a PDF, maps,photos and graphics, and all other project files;existing conditions maps and policy level planning items such as land use,zoning or major transportation route recommendations will be prepared in GIS format,site specific recommendations such as conceptual planning will be prepared in AutoCAD format City of Corpus Christi—Area Development Plans Scope of Work Page 10 of 21 EXHIBIT A Page 11 of 23 TASK B—WESTSIDE AREA DEVELOPMENT PLAN SCOPE OF WORK The plan will to prepare new 20-year Area Development Plan (ADPs) for the following planning district; Westside (22 sq. miles). The plan will consider existing conditions, needs and implementation strategies. This includes land use patterns, public infrastructure, environmental impacts, cost benefit analysis, etc. The scope of work for the plan is contained in the following sections. Project Limits: Westside Planning District (see attached map) The scope of work is outlined below. TASK 1 — PROJECT MEETINGS AND COMMUNITY ENGAGEMENT 1.1: Project Kickoff Meeting and Westside Area Development Tour(1 Meeting) Prior to initiating work, the Freese and Nichols, Inc. (FNI) team will conduct a kickoff meeting to discuss our understanding of the project, the project schedule, scope, communication methods, as well as request/receive any additional data that will be required for the study. The City staff should provide GIS files for the study area, background materials on any previous studies, current design standards, any updates to the comprehensive plan and land use ordinances. Recommended attendees include City project manager and staff, and others that will ultimately guide the progress, findings and recommendations of the plan. The FNI team would also like to discuss the following items: • Project vision, goals, and objectives • Priorities for transportation, housing and land use improvements • Composition of the Advisory Committees • Public involvement strategies • Project expectations The City will provide a meeting location and will notify attending team members of the location and time for the meeting. Following the project kick-off meeting, the FNI team will participate in a City-led tour of the study area to discuss challenges, issues and opportunities. Deliverables:Meeting agenda,sign-in sheet, contact list, and summary notes City of Corpus Christi—Area Development Plans Scope of Work Page 11 of 21 EXHIBIT A Page 12 of 23 1.2: City Staff Progress Meetings The FNI team will conduct scheduled conference calls with City staff to discuss project progress, key action items and responsibilities, and project schedule. Freese and Nichols will prepare an agenda and a checklist with action items, responsibilities and due dates for appropriate team members, and will schedule and notify attendees of the meetings via e-mail. Deliverables:Meeting agenda/checklist with key discussion items noted and action items;Meetings should be held at key milestones during the project. 1.3: Advisory Committee (4 Meetings) The Advisory Committee (AC) will be formed by the Client and facilitated by members of the FNI team. The AC will be composed of various stakeholders and has the primary responsibility of guiding the activities of the Plan and providing input into the process. The FNI team will meet with the AC at key points during the planning process to discuss key issues related to the development of the Area Development Plan. The City will be responsible for providing a venue for the Committee meetings and will notify Committee Members of meeting dates and times. The FNI team will provide agendas and materials for discussion at each meeting. The FNI team will: • Participate in four(4)AC meetings throughout the course of the project to update the Committee and get feedback on the process and preliminary recommendations • Assist with defining the planning process • Receive input from the Committee on a plan for obtaining broad community support Deliverables—Meeting agendas, any meeting materials and summary notes with key discussion items noted and action items. Meetings should be held at key milestones during the project for a total of four(4) trips. 1.4: Community Engagement The foundation of the Area Development Plan will be community and stakeholder participation. Community and stakeholder involvement should be inclusive, creative and energetic. Our community engagement process is aimed at educating the various stakeholders and constituencies regarding the purpose of the livable centers study, and garnering feedback and insight into community need, perceptions, and interests. To bring the community into the process and keep them involved, the Freese and Nichols team will utilize a variety of input techniques. City of Corpus Christi—Area Development Plans Scope of Work Page 12 of 21 EXHIBIT A Page 13 of 23 1.4.1: Project Website and Social Media A project website, created and maintained by City staff, will provide information on the process, a list of events and information such as presentations and graphics as they are developed. The project website will be used to host the online community survey (MetroQuest), to be advertised during the beginning of the project. We will also utilize the City's Facebook and any other City social media accounts to keep the community informed of project updates, events, and to provide information on the importance of planning. The FNI team will provide content and materials to be posted to the project website and any other social media platforms the City desires to post project information. Deliverable—Development of content for the project website and social media, and creation of the online community survey(Metro Quest) 1.4.2: Community Workshop (Town Hall/1 Meeting) The FNI team will facilitate one (1) community workshop to share information about the project, gather community input, and generate further support for the plan. The purpose of this workshop will be to inform and engage the community in the planning process. Specifically, this workshop will explain the planning process, provide an update on the work completed to date, solicit input and feedback, and answer questions of concern and interest expressed by residents and business interests. A variety of engagement tools can be used during the process and will be discussed with City staff during the project kickoff. The Client will be responsible for printing flyers, printing postcards, identifying meeting participants, providing postage and mailing flyers and postcards, if desired. The FNI team will facilitate one (1) community workshops. Meeting space and locations to be determined and hosted by the Client. Deliverables—(1)Items for meeting agendas and preparation of boards or PowerPoint presentation to be used at meetings;(2)Press release write-ups;(3) Summary of public involvement activities/results 1.4.3: Community Think Tank (Charette/3 Days) The FNI team will facilitate a three-day community think tank, charette style, event to allow citizens, stakeholders and business owners to provide ideas and think through solutions for any issues related to the respective Westside area. Three days will be reserved for the Westside City of Corpus Christi—Area Development Plans Scope of Work Page 13 of 21 EXHIBIT A Page 14 of 23 Area Development plan. The FNI team will have expert planners and engineers to help provide information and address questions and comments during the charettes. The information gathered and produced during the community think tank will help support plan recommendations and implementation. Deliverables—(1)Materials and preparation of Point presentation to be used at meetings;(2)Press release write-ups;(3)Summary of activities/results 1.5: Community Meeting (1 Meeting) The Freese and Nichols team will present the Area Development Plan final recommendations to the community. City staff will be responsible for marketing and noticing, securing a venue. Deliverable—Digital PowerPoint Presentation TASK 2— EXISTING CONDITIONS AND ANALYSIS Building upon previous studies and plans, GIS data, and field observations, the Freese and Nichols team will inventory and analyze the existing land uses, transportation, housing, natural environment, and infrastructure within the study area. 2.1: Analysis of Previous Studies and Plans The FNI team will collect and analyze existing studies and plans that relate to the study area, such as the City of Corpus Christi Comprehensive Plan, Thoroughfare Plan, Adopted Zoning Regulations, current CIP, Infrastructure Plans, Parks and Open Space Plan/Improvements, Regulatory Plan/Impacts, etc. The Client should provide copies of any existing studies and plans, if they are not available on the City's website. 2.2: Existing Land Uses The mix and proximity of current residential and non-residential land uses will be evaluated, creating a baseline to understand the existing relationships. Recommendations and strategies to fill voids or enhance current connections will be evaluated after the existing land uses are mapped. Based on the existing land use assessment, land use demand/projections for the next five, ten and twenty years by land use type will be recommended. City of Corpus Christi—Area Development Plans Scope of Work Page 14 of 21 EXHIBIT A Page 15 of 23 Deliverables—Map and explanation of the existing land use patterns within the Study area;land use demand/projections for the next five, ten and twenty years 2.3: Pedestrian Connectivity and Transportation Evaluation An evaluation of the existing transportation network and traffic volumes (obtained from TxDOT and CCMPO) will provide a detailed understanding of how future development will affect the study area and surrounding development(s). We will evaluate commuter behavior and trends, and existing levels of demand, as well as origins and destinations. The current pedestrian network will be documented and mapped, and potential gaps and needs evaluated with respect to proposed development/redevelopment projects. Future pedestrian connections will be identified based on the findings of the needs analysis and the desire to maintain logical, accessible connections. Bicycle facilities and potential trails are also important to multi-modal connectivity in Corpus Christi and will be identified in the study area. The FNI team will review existing documents and data related to pedestrian connectivity, mobility and the overall transportation network. We will document the study area's transportation systems and data based on information from existing sources or obtained from field visits. • Transportation system evaluation • Existing and planned bike facilities • Existing sidewalk facilities • Existing traffic volumes from available data, traffic control and roadway geometry • Parking Deliverables—Map or illustrate existing conditions related to the outline items above, and develop findings, analysis and recommendations 2.4: Infrastructure and Natural Environment The study will evaluate existing infrastructure and the natural environment in the study area, and its effects on existing and future land uses. Lifecycle cost of infrastructure will also be evaluated to determine maintenance and replacement cost, annualize those costs, and compare to annual revenues intended to fund those costs. Infrastructure to be considered is roadways, water, wastewater and stormwater. City of Corpus Christi—Area Development Plans Scope of Work Page 15 of 21 EXHIBIT A Page 16 of 23 Deliverables—Map or illustrate existing conditions related to the outline items above, and develop findings, analysis and recommendations 2.5: Housing and Neighborhoods Assessment The assessment of housing and neighborhoods will provide the strengths, weaknesses, challenges and opportunities of neighborhoods. The high-level assessment will explore potential neighborhood programs and strategies, allowing the City to utilize its neighborhood resources more efficiently and effectively. We will also explore housing demand and explore housing needs. This assessment will tie into the land use recommendations for, multifamily, single-family, and missing middle housing. Deliverables—Housing and neighborhood assessment identifying characteristics,assets, issues, challenges and opportunities of neighborhoods within each study area 2.6: Fiscal Impact Analysis The FNI team will use the Fiscal Impact Model developed for the fiscal impact analysis of the Corpus Christi Comprehensive Plan, Plan CC, as the foundation for this scope of work. Modifications will need to be made to address specific fiscal questions. 2.6.1: Define/Refine Fiscal Questions and Obtain Growth Projections to Model In this task, we will work with the City to refine the fiscal questions to be addressed. In addition, the FNI team will provide the growth assumptions for the Area Plan (i.e., number and types of housing units; amount and type of nonresidential development (square footage); absorption assumption; average property values.) Deliverable—Brief Memorandum outlining questions to be addressed,growth assumptions,and fiscal impact approach;conference calls as necessary with relevant City staff 2.6.2: Develop/Update Level of Service, Cost, and Revenue Factors In this task, we will hold one (1) on-site meeting and conduct conference calls with City personnel as necessary to modify the Fiscal Impact Model developed for the previous Comprehensive Plan effort to reflect the specific fiscal questions identified. The purpose of these meetings is to understand the differences and operating/facility needs relative to the following geographic areas: City of Corpus Christi—Area Development Plans Scope of Work Page 16 of 21 EXHIBIT A Page 17 of 23 ■ Westside Area— Existing operating and capital capacities available to accommodate redevelopment. Valuation assumptions. Deliverable—See Task 2.6.3;One(1)on-site meeting and conference calls as needed with City staff 2.6.3: Modify Cost and Revenue Factors Information obtained during the previous task will be used to vary the relevant cost and revenue factors. This task will modify different cost components for the various service providers, including both facility and non-facility related operating expenses, methodologies for forecasting future capital facility needs, and associated operating expenses, specific to the Areas being evaluated. Deliverable—See Task 2.6.5 2.6.4: Modify Fiscal Impact Model and Conduct Fiscal Impact Analyses The FNI team will modify the original city's Fiscal Impact Model for these plans based on the information and factors identified in the previous tasks and Level of Service memorandum. The team will conduct three fiscal impact analyses to address the specific questions identified in Task 2.6.1. Deliverable—See Task 2.6.5 2.6.5: Prepare Fiscal Impact Technical Memos The FNI team will prepare Fiscal Impact Technical Memos for each Area Plan that describes the fiscal findings. It is anticipated the memo will have the following sections: ■ Introduction ■ Questions Posed ■ Major Assumptions ■ Final Results (May be cumulative, annual, and/or average annual) ■ Major Revenue, Operating Costs, and Capital Cost Findings The technical memo will be a standalone document, which will be understood by all interested parties. After City review, the final report will be issued. Deliverable—Draft and Final Fiscal Impact Analysis Technical Memoranda City of Corpus Christi—Area Development Plans Scope of Work Page 17 of 21 EXHIBIT A Page 18 of 23 TASK 3— PRELIMINARY RECOMMENDATIONS, CONCEPTUAL AND IMPLEMENTATION PLAN Utilizing data from Task 2, stakeholder and community input, professional experience with other successful implementation strategies, the team will formulate recommendations, conceptual and implementation plans for the study area. The plan will focus on land use, housing, trans it/transportation, and other strategic investment opportunities that seek to capitalize on the area's assets. The plan will include policy strategies aimed at encouraging private investment consistent with the City's goals for development and redevelopment within the Study area. A key component of the plan will be specific implementation steps and necessary capital improvement recommendations. 3.1: Conceptual Plan The conceptual plan(s) will help promote the vision and guide implementation in the study area. The FNI team will prepare two-dimensional exhibits, building upon the ideas generated in prior meetings. The concept plan(s) will be created with a development program of recommendations from information collected in Tasks 1-3. The conceptual plan(s) will show the physical buildout/future land uses of development in key area within the Study area. The conceptual plan(s) will become the map exhibits that will support the policy, strategies, and recommendations developed during the process. Deliverable:Conceptual plan illustrating existing buildings,proposed infill,streetscapes and transportation, housing, infrastructure,and key planning strategies 3.2: Implementation Plan The implementation plan will consist of the following primary areas: • An assessment and recommendations of the most likely land uses, and development/ redevelopment opportunities given the existing conditions and fiscal impact analysis. Recommendations will be accompanied by partnership opportunities, potential funding sources, and the projected timeframe for implementation. Projects with the potential for immediate implementation will be identified and prioritized, as well as catalyst projects with the potential for addressing multiple goals and kickstarting investment. • Policy recommendations aimed at establishing a regulatory and incentive structure that encourages the implementation of the recommendations will be provided. These strategies will include incentive tools that encourage private investment and public-private partnerships. • A list of proposed capital improvements that support the proposed redevelopment recommendations. Special attention will be given to matching potential catalytic public City of Corpus Christi—Area Development Plans Scope of Work Page 18 of 21 EXHIBIT A Page 19 of 23 infrastructure projects with priority private development catalyst projects and existing infrastructure plans to achieve the largest impact. Deliverable:An implementation plan structured into a coordinated action program. The implementation plan will identify action items,priorities,potential funding options,partners, and timeline TASK 4— DRAFT WESTSIDE AREA DEVELOPMENT PLAN 4:1: Draft Report The Freese and Nichols team will prepare draft Area Development Plan, documenting the work outlined in the previous tasks. The draft Area Development Plan will be provided via email. The FNI team will provide a digital formatted copy for review. The draft study will be submitted to the City of Corpus Christi and AC for review. The draft study should include, but is not limited to, the following: an acknowledgment page, a table of contents, figures and tables, an executive summary, the findings of tasks one through three, conclusion, and appendices as needed. A reasonable review period will be requested from the Client, as well as, one point-of-contact to collect all comments to be submitted to the Freese and Nichols Team. Deliverables:Draft plan in electronic format for review,maps that are a part of the draft report will be submitted as separate files;existing conditions maps and policy level planning items such as land use, zoning or major transportation route recommendations will be prepared in GIS format,site specific recommendations such as conceptual planning will be prepared in AutoCAD format,and no more than three(3)revisions of the plan TASK 5—FINAL WESTSIDE AREA DEVELOPMENT PLAN 5:1: Final Report Upon completion of review of the draft Area Development Plan, the FNI team will prepare the final Westside Area Development Plan. The Final Study should include, but is not limited to, the following: an acknowledgment page, a table of contents, figures and tables, an executive summary, the findings of tasks one through three, conclusion, and appendices as needed. The Final Study will be high quality with clear images and illustrations with written text. All maps and tables will be properly cited and contain keys when appropriate. The Freese and Nichols team will apply City of Corpus Christi—Area Development Plans Scope of Work Page 19 of 21 EXHIBIT A Page 20 of 23 its internal quality assurance controls to achieve a high quality Final Study. A reasonable review period will be requested from the Client, as well as, one point-of-contact to collect all comments to be submitted to the Freese and Nichols Team. The Freese and Nichols team will attend one (1) Community meeting. At this meeting, the Consultant will present the planning scope, process, findings and final recommendations for adoption. If additional meetings are necessary, the Client agrees to conduct the meetings or negotiate additional services with the Consultant. After adoption by the Corpus Christi City Council, the Freese and Nichols team will provide the Final Study using Adobe InDesign along with all project files such as GIS shapefiles, meeting minutes, survey results, etc. Deliverables:Electronic submittal of study for one(1) final review,one(1) final presentations for City adoption;final Corpus Christi Area Development Plan(one high-resolution and one low-resolution electronic format file);two (2) flash drives or a web-based file sharing platform containing electronic files of final study in InDesign and as a PDF, maps,photos and graphics, and all other project files;existing conditions maps and policy level planning items such as land use,zoning or major transportation route recommendations will be prepared in GIS format,site specific recommendations such as conceptual planning will be prepared in AutoCAD format Schedule: The scope of work for all three area development plans will begin September 2018 and be completed by December 2019. Compensation: Freese and Nichols agrees to perform the professional services outlined in the Scope of Work for a lump sum fee of$300,000. Summary of Fees Task A- Southside and London Area Development Plans Task Fee Task 1 - Project Meetings and Community Engagement $51,900 Task 2— Existing Conditions and Analysis $44,187 Task 3 - Preliminary Recommendations, Conceptual & Implementation Plans $32,113 Task 4 - Draft Southside and London Area Development Plans $26,900 Task 5 - Final Southside and London Area Development Plans $19,900 Task A Subtotal: $175,000 City of Corpus Christi—Area Development Plans Scope of Work Page 20 of 21 EXHIBIT A Page 21 of 23 Task B -Westside Area Development Plan Task Fee Task 1 - Project Meetings and Community Engagement $44,358 Task 2— Existing Conditions and Analysis $25,387 Task 3 - Preliminary Recommendations, Conceptual & Implementation Plan $18,837 Task 4 - Draft Westside Area Development Plan $22,718 Task 5 - Final Westside Area Development Plan $13,700 Task B Subtotal: $125,000 Total Authorized Fee $300,000 City of Corpus Christi—Area Development Plans Scope of Work Page 21 of 21 EXHIBIT A Page 22 of 23 co m m X W ow rs) w .4%1 ., .'"........... ! L.. .,,, N., RirMcr.n 11 Planning Districts Westside Southside London City Limits ,P4 A / '..---._ ..—.... ...,..--- .. ,-,I}hb -.,re I r -r 14W .11 10.11.0-17 s tr ‘‘, mwm.4 He \„. ... , 9.i• q.m. -„..., 0 1 2 4 6 8 Miles Westside C or!: us Christi .r. I. A. v .P -, 8' ..7,,, .54' 4c, ; .17CkV., •/:. 4.• :fora9111..! r_..„c•ry dl London Southside 71./9 ds I 1,7,ma *les Ids 0s izhe Bay. Ca Min C 15h N1.1 Pilr %mica) Sources: Esri, HERE, DeLorme, USQS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), Mapmylndia, NGCC, @ OpenStreetMap contributors, and the GIS User Community Corpus Christi Area Development Plan Districts Source: City of Corpus Christi Planning Division; July 31, 2018. Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 Rev 04/17 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of 2 Rev 04/17 coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Rev 04/17 SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Co� DISCLOSURE OF INTEREST ti City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with `NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: FREESE AND NICHOLS,INC P. O.BOX: STREET ADDRESS: 800 N SHORELINE BLVD CITY: Corpus Christi ZIP: 78401 FIRM IS: 1. Corporation ® 2. Partnership ❑ 3. Sole Owner E]4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each `employee" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A N/A 2. State the names of each "official'of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm." Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A N/A FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof,you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter,unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Ron Guzman,P.E. Title: Vice President/Principal (Type or Print) r Signature of Certifying Date: August 15, 2018 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person,partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.,, g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Corpus Chr sti Engineering Area Development Plans Southside, London & Westside Planning Districts Council Presentation September 11, 2018 Project Locations *.sChIst, Engineering \� 1 LegendSo uths 4eLondon A Westside ,�`�R, London ARAN �� i r. Mlles Project Scope 1 *.s-Ch, Engineering • City is divided into 9 planning districts that each have their own Area Development Plan (ADP). • ADPs provide guidance regarding community vision, infrastructure planning, and policy priorities. • The Southside, London, and Westside district ADPs will be updated through this item • Current plans adopted in 1980's. • Outdated plans do not reflect current conditions or future needs of these districts. • This contract updates the ADPs to establish current conditions, community vision and goals, and implementation strategies identifying priority infrastructure, policy, and programmatic initiatives for the next 20 years. 0* Project Schedule w Corpus Ch,sti Engineering • , • O N D J F M A M J J A S O N D PROJECT Projected Schedule reflects City Council award in October 2018 with anticipated completion in December 2019. N SCALE: N.T.S. .a+RJ1 J�_l4 F 4 carpus Christi 91 Westside t `\ S 1 Southside London Planning Districts 4 Westside _ Southside N London City Limits Miles Sources: Esri, HERE, DeLorme,USGS,Intermap, INCREMENT P,NRCan,Esri Japan, 0 1 2 4 6 8 METI,Esri China(Hong Kong),Esri Korea,Esri(Thailand),Mapmylndia,NGCC, OpenStreetMap contributors,and the GIS User,Community LOCATION MAP NOT TO SCALE Projects: E17119-E17120 Area Development Plans: Southside CITY COUNCIL EXHIBIT and London Planning Districts and CITY OF CORPUS CHRISTI,TEXAS RQ Westside Planning District DEPARTMENT OF ENGINEERING SERVICES SC AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2018 NgHPO PP`E� 1852 Action Item for the City Council Meeting of September 18, 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 Andres Leal, Jr., P.E., Director of Street Operations AndyL@cctexas.com (361) 826-1957 Professional Services Contract Automated Pavement Condition Index Survey (Street Operations) CAPTION: Motion authorizing a contract for professional services with Transmap Corporation, headquartered in Upper Arlington, Ohio in the amount of $220,983.19 for the Base Bid and Additive Alternate No. 2 for the Automated Pavement Condition Index Survey project. PURPOSE: This project will perform an Automated Pavement Condition Index Survey for the City's street network and update of the City Street database. BACKGROUND AND FINDINGS: The Pavement Condition Index (PCI) is used to characterize the general street conditions and is the primary indicator for street maintenance, repairs, rehabilitation and reconstruction. The City converted from manual inspections and assessments to Automated Pavement Condition assessment in 2015. Prior to the automated process City Street Department performed a manual inspection and scoring process. PCI ratings must be updated every three (3) years to ensure conditions and planned maintenance actions are up-to-date and cost effective. Project No:E18111A 7S/GH Legistar No.:18-1027 Rev.5—08/15/18 The following table summarizes the street maintenance plans with respective PCI ranges: PCI Range Street Maintenance Programs (0-100) 71 - 100 Preventative Maintenance — Seal Coats & Pothole repairs 56 - 70 Preventative Maintenance — Overlays & Minor Street Improvements 35 - 55 Rehabilitation 0 - 34 Reconstruction The automated pavement assessment is performed by vehicles equipped with laser imagery, multiple cameras, and computerized systems to digitally capture the pavement distresses(cracks, fatigue, rutting, etc.). This data collected includes location and pavement material with the distress (type, severity, extent and depths) analyzed, and compiled into a database with resulting PCI for all City streets with multiple passes on arterials and collectors. The project was advertised through a competitive Request for Proposals (RFP) to select the proposal that represents the "best value" with respect to price, qualifications, past performance and other relevant criteria listed in the RFP. The evaluation criteria is summarized below: ■ Price — Respondent's price is within project budget. ■ Experience, Background, Qualifications — Respondent's relevant experience under these projects, specific experience with public entities, resources, professional qualifications, safety records, and field experience with minimum five years relevant experience. ■ Proposal Plan— Respondent's plan and approach, methodology and software, operational plan, quality assurance, safety plan, and training plan. The RFP consisted of a Base Bid with two Additive Alternates as described below: ■ Base Bid — The automated PCI survey by a van equipped with the latest high tech laser line projectors, high speed cameras, and advanced optics to acquire high resolution profiles of the street while driving on the street. Compilation and analysis of the data into a single database with the updated PCI. Submission of final reports and hard drive with the required database. ■ Additive Alternates 1 — Perform an automated inventory of signs and markings to be incorporated into the database. (Not awarded) ■ Additive Alternates 2 — Provide technical support as required for various services associated with the PCI survey and assessments. Transmap's proposal was determined as the best value with the lowest proposed cost. Therefore, City staff recommends execution of a contract with Transmap Corporation for the Base Bid and Additive Alternate No. 2 for a total award amount of$220,983.19. The City received two (2) fully qualified proposals on June 20, 2018 that are summarized below: RESPONDENT BASE BID ADD ALT NO. 2 TOTAL BID Transmap Corporation, $201,183.19 S19,800.00 $220,983.19 Upper Arlington, Ohio Data Transfer Solutions, LLC, Orlando, FL $284,900.00 $40,000.00 $324,900.00 Engineer's Opinion of $300,000.00 $300,000.00 Probable Cost Project No:E18111 7S/GH Legistar No.:18-1027 Rev.5—08/15/18 ALTERNATIVES: 1. Authorize execution of the professional service agreement. (Recommended) 2. Do not authorize execution of the professional service agreement. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Street Department FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 220,983.19 220,983.19 Encumbered / Expended Amount This item 220,983.19 220,983.19 Future Anticipated Expenditures This Project BALANCE 0.00 0.00 Fund(s): Street Department Operating Fund RECOMMENDATION: City staff recommends approval of the professional service contract. LIST OF SUPPORTING DOCUMENTS: Location Map Presentation Contract Project No:E18111 7S/GH Legistar No.:18-1027 Rev.5—08/15/18 4$ 1 N SCALE: N.T.S. CITYWIDE PROJECT .� a NUECES RAY ° N CORPUS CHRISTI N °b L e Haan CORPUS CHRISTI RAY 7 cwesn aee OSO LLtt w mR aee FLOUR BLUFF aee m LAGUNA NADRE GULF OF NEXCO LOCATION MAP NOT TO SCALE Project Number: 18111A Automated Pavement Condition CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS (PCI) Index Survey DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI CONTRACT FOR PAVEMENT ASSESSMENT & MANAGEMENT SERVICES FOR PROJECT: RFP NO. 2018-05 AUTOMATED PAVEMENT CONDITION INDEX SURVEY 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 Transmap Corporation, an Ohio corporation, 5030 Transamerica Drive, Franklin,OH,43228-9335, (Respondent), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES.....................................................................2 ARTICLE II QUALITY CONTROL.........................................................................2 ARTICLE III COMPENSATION..............................................................................2 ARTICLE IV TIME AND PERIOD OF SERVICE.....................................................4 ARTICLE V INSURANCE REQUIREMENTS.........................................................5 ARTICLE VI INDEMNIFICATION............................................................................5 ARTICLE VII TERMINATION OF AGREEMENT.....................................................5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT.......................................................6 ARTICLE IX OWNER REMEDIES..........................................................................7 ARTICLE X RESPONDENT REMEDIES...............................................................7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION.............................................7 ARTICLE XII MISCELLANEOUS PROVISIONS......................................................9 K:Tngineering Projects Data Management\18I I IA RFP No.2018-05 Automated Pavement Condition Index Survey\9.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 1 of 11 ARTICLE I —SCOPE OF SERVICES 1.1 The Respondent 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 Respondent 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 this Agreement. The approved Scope of Services defines the services to be performed by Respondent under this Agreement. 1.2 Respondent shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestone s,the Respondent and City will review the progress of the data collection and reports 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 Respondent shall provide labor, equipment and transportation necessaryto complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Respondent to perform work pursuant to this Agreement shall be employees or subconsultants of Respondent. Upon request, Respondent 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 Respondent's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Respondent 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 Respondent or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Respondent will provide monthly status updates (project progress or delays)in the format requested by the City with each monthly invoice. 1.6 The Respondent 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 11 —QUALITY CONTROL 2.1 The Respondent agrees to perform quality assurance-quality control reviews (QCP Review). The City reserves the right to retain a separate firm to perform additional QCP services for the City. 2.2 The Respondent 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 Respondent must reconcile the Project Scope as needed. 2.3 Final documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final documents are found not to be in compliance with this Agreement, no compensation for revisions and resubmission of documents will be authorized. ARTICLE III — COMPENSATION 3.1 The Compensation for all Basic and Additional services (Base Bid Part A& Part B—General and Additive Alternate No. 2 ONLY)included in this Agreement and in the Scope of Services for this Agreement shall not exceed $220,983.19. K:Engineering Projects Data Management\18I I IA RFP No.2018-05 Automated Pavement Condition Index Survey\9.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 2 of 11 3.2 The Respondent'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. 3.3 The Respondent 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 Respondent 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. Respondent 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 Exhibit B. Each invoice will include the Respondent'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 Respondent's monthly invoices. 3.6 Respondent certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Respondent 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 Respondent's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Respondent or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. RESPONDENT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS,CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO RESPONDENT. 3.7 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 Respondent." 3.8 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Respondent is responsible, because of: 3.8.1 delays in the performance of work; 3.8.2 failure to make payments to subconsultants or vendors for labor, materials or equipment; 3.8.3 damage to City; or 3.8.4 persistent failure to carry out the performance of its services in accordance with this Agreement. 3.9 When the above reasons for withholding are removed or remedied by Respondent, 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. 3.10 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, Respondent 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 Respondent does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.11 Request of final compensation shall constitute a waiver of claims except those previously made in writing and identified by Respondent as unsettled at the time of final Payment Request. K:Engureerurg Projects Data Managernent\181 I IA RFP No.2018-05 Automated Pavement Condition Index Smvey\3.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 3 of 11 3.12 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of 180 days beginning on the Effective Date. 4.3 The Respondent 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 Respondent and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Respondent 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 Respondent and City are aware that many factors may affect the Respondent's ability to complete the services to be provided under this agreement. The Respondent must notify the City within 10 business days of becoming aware of a factor that may affect the Respondent'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. 4.7 Liquidated Damages: A. Owner and Contractor recognize that time limits for specified Milestones and completion with Final Payment as stated in the Contract Documents are of the essence of the Contract. Owner and Contractor recognize that the Owner will suffer economic loss if the Work is not completed within the times specified stated above in Section 4.2 and as adjusted in accordance with ARTICLE IX—OWNER REMEDIES of the Contract. Owner and Contractor also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty): 1. Completion of the Remaining Work: Contractor agrees to pay Owner 400 for each day that expires after the time specified in ARTICLE IV—TIME AND PERIOD OF SERVICE for completion and readiness for final payment until the Work is completed and ready for final payment in accordance with ARTICLE III—COMPENSATION of the Contract. 2. Milestones: Contractor agrees to pay Owner liquidated damages as stipulated in the Contract for failure to meet Milestone completions. 3. The Owner will determine whether the Work has been completed within the Contract Times. K:Tngineering Projects Data Management\18I I IA RFP No.2018-05 Automated Pavement Condition Index Survey\9.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 4 of 11 B. Owner is not required to only assess liquidated damages, and Owner may elect to pursue its actual damages resulting from the failure of Contractor to complete the Work in accordance with the requirements of the Contract Documents. ARTICLE V— INSURANCE REQUIREMENTS 5.1 Respondent must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Respondent must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 5.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VI — INDEMNIFICATION Respondent 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 subconsultants,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 Respondent or its agent, Respondent under contract or another entity over which Respondent 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. Respondent 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 Respondent shall reimburse the City's reasonable attorney's fees in proportion to the Respondent's liability. Respondent must advise City in writing within 24 hours of any claim or demand against City or Respondent known to Respondent related to or arising out of Respondent's activities under this Agreement. ARTICLE VII —TERMINATION OF AGREEMENT 7.1 By Respondent: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Respondent may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Respondent must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Respondent at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Respondent. If Respondent 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 Respondent again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days K:Tngmeeruig Projects Data Managernent\181 I IA RFP No.2018-05 Automated Pavement Condition Index Smvey\3.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 5 of 11 written notice to the Respondent with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Respondent for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs, or Respondent takes action to cure a failure to perform under the cure period, Respondent 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 Respondent has successfully cured a failure to perform, Respondent shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Respondent shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Respondent will be compensated for its services based upon a Time& Materials calculation or Respondent and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Respondent acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Respondent to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Respondent of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Respondent grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Respondent'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. Respondent agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 Respondent'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 (Respondent'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 the City's and Respondent's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Respondent's Records only during Respondent's regular business hours. Respondent agrees to allow City's designee access to all of Respondent's Records, Respondent's facilities and Respondent's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Respondent also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Respondent shall include this audit clause in any subcontractor, supplier or vendor contract. K:Tngineering Projects Data Management\18I I IA RFP No.2018-05 Automated Pavement Condition Index Survey\9.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 6 of 11 ARTICLE IX—OWNER REMEDIES 9.1 The City and Respondent agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Respondent to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Respondent to perform 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 Respondent. 9.1.3 Losses are incurred because of errors and/or omissions in the working drawings or other documents prepared by the Respondent to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 9.2 When the City incurs non-value added work costs for change orders due to errors and/or omissions,the City will send the Respondent a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Respondent to revise documents, if appropriate, at no additional cost to City; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Respondent's response. 9.3 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE X— RESPONDENT REMEDIES 10.1 If Respondent 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 Respondent'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 Respondent's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 The City agrees that the Respondent is not responsible for damages arising from any cause beyond Respondent's reasonable control. 10.3 If Respondent requests a remedy for a condition not specified above, Respondent must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Respondent, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Respondent by his/her signature,verifying the truth and accuracy of the Claim. K:Tngureerurg Projects Data ManagernermI SI I IA RFP No.2018-05 Automated Pavement Condition Index Smvey\3.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 7 of 11 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within 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 Respondent. If Respondent is not satisfied with the proposal presented, Respondent will have 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. 11.1.5 Pending final resolution of a claim,except as otherwise agreed in writing, Respondent shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 11.2 Mediation 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation,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. 11.2.3.1 In the event that City or Respondent shall contend that the other has committed a material breach of this Agreement,the Party alleging such breach shall,as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Respondent are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for 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. 11.3 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 Respondent and to claims by City: 11.3.1 In no event shall either Party be liable,whether in contract or tort or otherwise,to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 11.3.2 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. K:Tngineering Projects Data Management\18I I IA RFP No.2018-05 Automated Pavement Condition Index Survey\9.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 8 of 11 11.4 In case of litigation between the parties, Respondent 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. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT,WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 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 Respondent staff. This includes subcontracts entered into for services under this Agreement. If the Respondent 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 Respondent fee may be assigned in advance of receipt by the Respondent without written consent of the City. The City will not pay the fees of expert or technical assistance and Respondents unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Respondent 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. Respondent may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Respondent, shall be a City's sole risk and without liability or legal exposure to Respondent. 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. 12.3 Standard of Care. Services provided by Respondent 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. 12.4 Licensing. Respondent shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Independent Contractor. The relationship between the City and Respondent under this Agreement shall be that of independent contractor. City may explain to Respondent the City's goals and objectives in regard to the services to be performed by Respondent, but the City shall not direct Respondent on how or in what manner these goals and objectives are to be met. 12.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Respondent 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 Respondent. 12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Respondent. Neither the City nor Respondent intends to create third party beneficiaries by entering into this Agreement. 12.8 Disclosure of Interest. Respondent agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. K:Engureerurg Projects Data Managernent\181 I IA RFP No.2018-05 Automated Pavement Condition Index Smvey\3.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 9 of 11 12.9 Certificate of Interested Parties. For contracts greater than $50,000, Respondent agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htm1. 12.10 Conflict of Interest. Respondent agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 12.11 Boycott Israel. As required by Chapter 2270, Government Code, Respondent hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 12.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 12.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of 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. 12.14 Conflict Resolution Between Documents. Respondent hereby agrees and acknowledges if anything contained in the Respondent-prepared Exhibit A, Respondent's Scope of Services, or contained in any other document prepared by Respondent 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 TRANSMAP CORPORATION Jeff H. Edmonds, P. E. Date Howard Luxhoj, P.E. Date Director of Engineering Services President/CEO 5030 Transamerica Drive APPROVED AS TO LEGAL FORM Columbus, OH 43228-9335 (614) 886-4100 hluxhoj@transmap.com Assistant City Attorney Date ATTEST City Secretary Date K:Engineering Projects Data Management\18I I IA RFP No.2018-05 Automated Pavement Condition Index Survey\9.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 10 of 11 Project Name: RFP No. 2018-05 Automated Pavement Condition Index Survey Project Number: 18111A Accounting Unit: 1041-12415-051 Account: 530000 Activity: 18111-A-1041-EXP Account Category: 30000 Fund Name: Streets Amount: $220,983.19 K:Tngineering Projects Data Management\18I I IA RFP No.2018-05 Automated Pavement Condition Index Survey\9.AE Agreement Contracts\AE Agreement Contract for Professional Services Page 11 of 11 roadway inventory asset management integration map June 18th, 2018 City of Corpus Christi, Texas Attn: Jeff H. Edmonds,PE, Director of Engineering Services 1201 Leopard Street, 3rd Floor,Corpus Christi,Texas 78401 RE: Request For Proposal(No. 3018-05),Automated Pavement Condition Index Survey Mr.Edmonds: Thank you for allowing Transmap Corporation to propose our solutions. We are pleased to present the City of Carpus Christi with aur response to your RFP. Since our establishment in 1994,pavement and roadway asset management has been our only focus. We own our own equipment, so a sub-contractor is not needed for the data collection. I have outlined some principal strengths that you will find beneficial in qualifying Transmap as the best provider for your pavement and roadway asset management needs: • Texas Presence - City of Corpus Christi, City of Midland (repeat customer), City of Schertz,City of Conroe, City of Baytown, City of Killeen, City of Sugar Land, City of Stephenville,City of Round Rock) • Team - Core team with over 21 years of experience-PhDs, PEs, and GISPs on staff • Local Corpus Christi Experience-2015 Automated Pavement Condition Index Survey Project (2018 inspections/work history can simply be added to the 2015 PAVER pavement analysis file for a seamless update&performance curves) • Our System: Crack Map 3D - Pavemetrics 2D/3D Laser Crack Measurement System (10+0% continuous coverage, every lane collected,JR1 and Rut included),New since 2015: Project Level Crack Intelligence- Automated Error Tracking-Field Verification (QA/QC) - Pavement Condition Analysis - Customer Delivery Interface - Crack Map Orthophoto graphy/Geo databas e • Technology Focused - Dual systems (Ladybugs 30MP +HD LiDAR,—1 million points/sec, 8,000 x 4,000 pixel resolution) -Effective 5 camera solution/panoramic tmap.pro/CD Exhibit A Page 1 of 3 images, no additional cast-New since 2015: Easy to use LAS file(LiDAR) - Street Level Ortho photography • Micr4PAVER- Official PCI calculation -ASTM D6433-11 - Army Corps/DOD developed- Transmap will install and merge new PAYER data with Historic 2015 data • Master Plan as a Service(MPaaS) - Open Source Policy - S & 10-year Capital Improvement (CIP) PIans - Incremental PAVER,updates and re-driving with System 6 • Open Source -Our open source policy allows for data to be seamlessly implemented into any software system(MicroPAVER, CarteGraph,Esri,Maximo) • GIS Focused- 20 Year Esri Public Works Solutions Partner- Web&map-based— Street and Crack Map Orthophotography as standard MrSID files loaded into Esri Transmap Corporation acknowledges Addendums 1 &2. Our taxpayer number is 31-1414214. I can be contacted at hluxhoi@,gansmap.com or on my mobile at (614) 886-4100. For a digital copy of our response,please log on to tmay.pro/CO. Best regar , award Luxhoj, PE President and CEO Transmap Corporation Florida-Regional Office Transmap• 5030 Transamerica Drive Chicagoland Office Columbus,Ohio 43228 • P:(614)481-5799 F:(614)481-4017•transmap.com tinap.prolCO Exhibit A Page 2 of 3 BID FORM Project Name: REQUEST FOR PROPOSAL(RFP)NO.2018-05 AUTOMATED PAVEMENT CONDITION INDEX(PCI)SURVEY Project Number: NIA Owner: City of Corpus Christi Bidder: OAR: N/A Designer: NIA CONTRACT DURATION BIDDER AGREES TO REACH FINAL COMPLETION IN 180 DAYS ITEM DESCRIPTION UNIT ESTIMATED UNIT PRICE EXTENDEDAMOUNT 01JANTI7,' BASE BID PART A & PART B -GENERAL Part A-GENERAL(per SECTIONS I.INTRODUCTION/IV.GENERAL TERMS AND CONDITIONS/V.TERM OF CONTRACT Al MOBILIZATION NOT TO EXCEED 5%) 1 LS 1 1 1 $0.001 $0.00 A2 BOND AND INSURANCE I LS [ 1 1 $0.001 $0.001 A3 TRAFFIC CONTROL PLAN AND PREPARATION I LS 1 1 1 $0.001 $0.00 A4 TRAFFIC CONTROL; SET-UP MAINTENANCE AND REMOVAL I LS 1 1 1 $0.001 $0.00 SUBTOTAL PART A-GENERAL(Items Al thru A4) $0.00 Part B-GENERAL(per SECTION III.SCOPE OF SERVICES) B1 LOCAL STREETS I MILES 1 838 1 $74.991 $62,841.62 B2 I ARTERIAL STREETS I MILES 1 173 1 $74.991 $12,973.271 1 B3 (COLLECTOR STREETS I MILES 1 210 1 $74.991 $15,747.90 B4 JDATABASE COLLECTION I LS 1 1 1 $109,620.401 $109,620.40 SUBTOTAL PART B-GENERAL(Items Bl thru B4) $201,183.19 ADDITIVE ALTERNATE NO. 1: SIGNAGE & MARKINGS Part C-ADDITIVE ALTERNATE NO.1 (per SECTION III.SCOPE OF SERVICES) Cl NON-REG SIGNAGE INVENTORY J LS 1 31,000 1 $2.291 $70,990.00 1 C2 (REGULATORY SIGNAGE I LS 1 19,000 1 $2.651 $50,350.00 C3 I MARKINGS I LS 1 400 1 $22.501 $9,000.00] SUBTOTAL PART C-ADDITIVE ALTERNATE NO.1(Items Cl thru C3) $130.340.00 ADDITIVE ALTERNATE NO. 2: TECHNICAL SUPPORT Part D-ADDITIVE ALTERNATE NO.2(per SECTION III.SCOPE OF SERVICES) I D1 (TECHNICAL SUPPORT 1 HOURS 1 200 1 $99.001 $19,800.00 SUBTOTAL PART I-ADDITIVE ALTERNATE NO.2(Dl THRU D1) $19.800._0.0 BID SUMMARY SUBTOTAL PART A-GENERAL(Items Al thru A4) $0.00 SUBTOTAL PART B-STREET (Items 61 thru 64) $201,183.19 TOTAL PROJECT PART A-GENERAL&PART B $201,183.19 SUBTOTAL PART C-ADDITIVE ALTERNATE NO. 1: SIGNAGE&MARKING(Items Cl thru C3) $130,340.00 TOTAL PROJECT ADDITIVE ALTERNATE NO.1: SIGNAGE&MARKING $130,340.00 SUBTOTAL PART D-ADDITIVE ALTERNATE NO.2:TECHNICAL SUPPORT(Items D1 thru D1)_ $19,800.00 TOTAL PROJECT ADDITIVE ALTERNATE NO.2 TECHNICAL SUPPORT $19,800.00 Addenda No: 1 Transm C oration Print ame idd ) Addenda No. 2 Sig r id r) Addenda No. 6/ 118 stye luY Exhibit A Page 3of3 Sample form for: COMPLETE PROJECT NAME Payment Request AE Contract Project No.XXXX Revised 02/01/17 Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services: Contract Amd No. 1 Amd No.2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O&M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD1 TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.001 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.001 $1,250.001 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.001 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees 1$8,000.00 $2,120.001 $2,877.001 $12,997.00 $1,500.00 $1,500.00 $3,000.00 r $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. EXHIBIT B If applicable, refer to the contract for information on what to include with time and materials(T&M). Page 1 of 1 EXHIBIT C Insurance Requirements Geotechnical, Construction Materials Testing, and Professional Surveying Services 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 Exhibit C Page 1 of 3 be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1 .5 Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notice 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 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's Exhibit C Page 2 of 3 performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit C Page 3 of 3 UpUflilong 9� �0 rife wpr fOP Automated Pavement Condition Index (PCI) Survey Contract Council Presentation � _ September 11, 2018 e Project Location orRuCitywide CEngin ening Engineering AUTOMATED PCI SURVEY N SCALE:N.T.S. i R V 2 MicroPAVER oEMM 9 moo° Pavement Condition Index (PCI) •-•��` ➢The Pavement Condition Index is the primary factor in developing street maintenance, repair, rehabilitation and reconstruction strategies. DISTRESSE Custom PCI Distress lOD Rating kale Alligator Cracking Patching/Utility Cuts Type Bleeding Polished Aggregate Block Cracking Potholes 10 Bumps&Sags Railroad Crossing Fair Corrugation Rutting Distress I=> F(l 55 Quantity Depression Shoving Edge Cracking Slippage Cracking Joint Reflection Swell Cracking Lane/Shoulder Drop Weathering& I)isurss Off Raveling Severity u PCI Data Collection o o. PRIOR TO 2015CURRE • Manual collection of data: • Automated: ✓ Windshield &walking survey ✓ Van, lasers, digital cameras • Random sampling of street sections • Increased sampling • Data collection only on areas • Data collection on 100% of pavement inspected • Street network covered in 3-year • Entire street network covered in cycles about 1 month Transmap Automated Survey o o Data Acquisition •d���p Pavement survey performed with van- mounted lasers, 2 m cameras and specialized instrumentation for the following: ➢ Street System Inventory information collected on 100% of pavement 2.2 m Uincluding: , o LCMS Images(Distress Cracking) o Van Images(Video Capture) o International Roughness Index Data(Ride Quality) / o PCI Data for each street segment TransmapStreetCoverage omm i•ss"2" "i J _ _ Other Vendorsap's Solution Services Provided o ... MM Deliverables ➢ Data loaded into existing systems: o MicroPAVER o Data merged w/ 2015 data o Integrated w/ GIS o Maximo ➢ Reports ➢ Technical Support Project Schedule I s� 0 o i 2019 SEP OCT NOV DEC JAN FEB MAR APR Survey & Result Delivery Projected Schedule reflects City Council award in September 2018 with anticipated completion in April 2019. Pavement Condition Survey o. Questions? SC AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2018 NgHPO PP`E� 1852 Action Item for the City Council Meeting of September 18, 2018 DATE: August 16, 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 Professional Services Contract Amendment Packery Channel Restoration (Packery Channel TIF 2) CAPTION: Motion to authorize execution of Amendment No. 1 with HDR Engineering, Inc. of Corpus Christi, Texas in the amount of $301,008 for a total restated fee of $351,005 for the Packery Channel Restoration project. PURPOSE: This item provides Packery Channel construction bid documents to address damages from Hurricane Harvey. BACKGROUND AND FINDINGS: Wave energy and storm surge from Hurricane Harvey caused damage to slope protection and adjacent appurtenances along the banks of Packery Channel between the SH-361 bridge and the Gulf of Mexico. City staff worked with the Federal Emergency Management Agency (FEMA) officials to file disaster recovery claims, requesting funding for restoring the channel to pre-storm condition, and additional funding to mitigate damages from future storms. Immediately post-Hurricane Harvey, HDR assisted the City by assessing Packery Channel and quantifying the extent of the damages. Field investigations and reviews of bathymetric surveys Project No:H17019 (Page 1) SW/C7 Legistar No.:18-1058 Rev.0—8/16/2018 were used to develop conceptual scope and cost estimates of required repairs to restore Packery Channel, and mitigation options that were submitted to FEMA for disaster recovery claims. This contract amendment authorizes design and preparation of construction bid documents. Contract services include: • USACE Regulatory Coordination • Design Restoration and Mitigation Improvements • Bidding-Phase Services • Construction Administration Services • Warranty Phase Services ALTERNATIVES: 1. Authorize execution of the Amendment. (Recommended) 2. Do not authorize execution of the Amendment. (Not Recommended) OTHER CONSIDERATIONS: A disaster recovery claim has been filed with FEMA for reimbursement of the restoration and mitigation elements of this project. If approved, this project should be eligible for 90% reimbursement. HDR Engineering, Inc. was selected for this project under RFQ 2018-01. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year Project to Date 2017-2018 Expenditures Current Year Future Years TOTALS (CIP only) Budget 600,000 600,000 Encumbered / Expended Amount This item 301,008 301,008 Future Anticipated Expenditures This 150,997 150,997 Project BALANCE 1 147,995 147,995 Fund(s): Packery Channel, TIF 2 Project No:H17019 (Page 2) SW/C7 Legistar No.:18-1058 Rev.0—8/16/2018 RECOMMENDATION: Staff recommends execution of Amendment No. 1 with HDR Engineering, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment No. 1 Project No:H17019 (Page 3) SW/C7 Legistar No.:18-1058 Rev.0—8/16/2018 PROJECT BUDGET ESTIMATE Packery Channel Restoration Packery Channel TIF 2 PROJECT FUNDS AVAILABLE: Packery Channel TIF 2................................................................................................. 600,000 TOTAL FUNDS AVAILABLE 600,000 FUNDS REQUIRED: Construction Fees:......................................................................................................... TBD Construction TBD.................................................................................. TBD Contingency(10%)................................................................................. TBD Construction Inspection and Testing Fees:......................................................................... TBD Construction Inspection TBD(3%)............................................................ TBD Construction Phase-Materials Testing Services ......................................... TBD Design, Geotechnical and Permitting Fees:........................................................................ 421,005 Preliminary Design(HDR Engineering, Inc.)................................................. 49,997 Engineer(HDR Engineering, Inc.)THIS ITEM . 301,008 Corps of Engineers Permitting (Estimate).................................................... 70,000 Reimbursements:.......................................................................................................... 31,000 Contract Administration(Eng. Svcs Admin/Finance/Capital Budget)................. 12,000 Engineering Services(Project Mgt).......................................................... 18,000 Misc. (Printing,Advertising,etc.).............................................................. 1,000 TOTAL 452,005 ESTIMATED PROJECT BUDGET BALANCE 147,995 Project design budgt only. N SCALE: N.T.S. NUECES BAY � R SHIP CORPUS CHRISTI i LEOPARD d a' z 44 CORPUS CHRISTI O r 288 INTERNATIO F AIRPORT Oµ0 358 4 CORPUS CHRISTI BAY PROJECT LOCATION TEXAS A&M UNrVERSrrY CORPUS O Y CORPUS CHRISTI 358 TO„''1• �O(F CABANISS `W OSO BAY CORPUS CHRIST FIELD Q NAVAL AIR STATION 43 ° FLOUR BLUFF 358 288 J O m O Fr �o 2444 381 P22 LAGUNA MADRE GULF 0 MEXICO LOCATION MAP NOT TO SCALE Project: H17019 Packery Channel CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS Restoration DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI Amendment No. 1 to CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) H17019 - Packery Channel Restoration The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and HDR Engineering, Inc., a Nebraska corporation, 555 N. Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas 78401 , hereby agree as follows: ARTICLE NO. TITLE TABLE OF CONTENTS PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL.......................................................................3 ARTICLE III COMPENSATION............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS......................................................5 ARTICLE VII INDEMNIFICATION.........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES.............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS Contract for Professional Services Page 1 of 11 ARTICLE I –SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services,to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant(in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts,excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A;;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 $301,008 for a total amount not to exceed $351,005. 3.2 The Consultant's fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. City and Consultant agree that the Rate Schedule is considered confidential information that may be excluded from public disclosure under Texas Government Code Chapter 552 as determined by the Texas Attorney General. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or tasks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3)days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant's estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis,the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant's monthly invoices. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Contract for Professional Services Page 3 of 11 Payment Requests have been previously issued and payments received from City shall,to the best of Consultant's knowledge, information and belief, be free and clear of liens, claims, security interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BYANYONE CLAIMING BY,THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion,to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV—TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 . . te the expiratie—A datea A-f the prier term. ARY FeRt-Q�.A.4;-;156 1949 �At tht-9 S�A.Wlt-Q U-91P.M.6 aAd GGRditiGRS, p1616 aR" 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Director of Engineering Services. Work will not begin on any phase or any Additional Contract for Professional Services Page 4 of 11 Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the Work for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affect the Consultant's ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant's ability to complete the services hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, "completion of the Project" refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V—OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor's cost of labor, materials or equipment, or over the contractor's methods of determining prices, or over competitive bidding or market conditions, Consultant's opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant's experience and qualifications and represent Consultant's bestjudgment as a design professional familiar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI — INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII — INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee")from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this Contract for Professional Services Page 5 of 11 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. 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 Contract for Professional Services Page 6 of 11 completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX— RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit,examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four(4)years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant's records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement(Consultant's Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts,vouchers, memoranda,time sheets, payroll records, policies, procedures,and any and all other agreements, sources of information and matters that may, in City's and Consultant's reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's Records only during Consultant's regular business hours. Consultant agrees to allow City's designee access to all of Consultant's Records, Consultant's facilities and Consultant's current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X—OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and/or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and/or omissions in the documents. 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: Contract for Professional Services Page 7 of 11 (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment,the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI — CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages arising from any cause beyond Consultant's reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII — CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21)calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant,whether for additional compensation,additional time or other relief,shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty(30)calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 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. Contract for Professional Services Page 8 of 11 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. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. Contract for Professional Services Page 9 of 11 The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City,without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s)at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htm1. 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code,to complete and file Form CIQ with the City Secretary's Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel"means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. Contract for Professional Services Page 10 of 11 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable,and the invalidity or u n enforceability 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-XII I of this Agreement(Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. 3- /7 • I Jeff H. Edmonds Date Arthur B. Colwell, P.E. Date Director of Engineering Services Vice President/Managing Principal 555 N. Carancahua, Suite 1600 Corpus Christi, Texas 78401-0850 (361) 696-3300 Office APPROVED Assistant City Attorney Date ATTEST City Secretary Date Fund Name Accounting Account Activity No. Amount Unit No. PackChPro7TIF2 3278-717 550950 H17019-01-3278-EXP $301,008 Total $301,008 Contract for Professional Services Page 11 of 11 F)� July 27, 2018 MCN 10118494 August 6, 2018 (Rev 1) Mr. Jeff Edmonds, P.E. Director, Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78469-9277 RE: PROPOSAL FOR AMENDMENT 1 TO PACKERY CHANNEL RESTORATION PROJECT (1-117019)— PERMITTING, FINAL DESIGN, BIDDING, AND CONSTRUCTION PHASE SERVICES Dear Mr. Edmonds: Thank you for inviting HDR to submit this proposal for professional engineering and regulatory services for the Packery Channel Restoration Project. Storm surge, strong currents, and waves from Hurricane Harvey on August 25-26, 2017 caused damage to slope protection and adjacent appurtenances along the banks of Packery Channel between the SH361 bridge and the Gulf of Mexico. Under an existing contract with the City (referenced above), HDR is currently providing preliminary design for: 1. Repairs and hazard mitigation alternatives to address damages from Hurricane Harvey, and 2. Recommendations for project maintenance to address damage that occurred prior to Harvey. This proposal is for an amendment to HDR's existing contract to add the following services: • USACE Regulatory Coordination • Final Design • Preparation of Construction Procurement Documents • Bidding-Phase Services • Construction Administration Services • Allowance for Design Survey hdrinc.com 555 N. Carancahua, Suite 1600, Corpus Christi,TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 1 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 2 SCOPE OF SERVICES Including our existing contract and the services proposed for this amendment, HDR's overall services are as listed in Table 1. Table 1. Overall Scope. Task Authorization 1. Preliminary Design Existing Contract 2. USACE Regulatory Coordination Proposed Amendment 1 3. Final Design Proposed Amendment 1 4. Bidding-Phase Services Proposed Amendment 1 5. Construction Administration Services Proposed Amendment 1 6. Additional Services-Allowance for Proposed Amendment 1 Design Survey HDR's proposed services under this amendment consist of Tasks 2 through 6 as described in more detail below. Task 2: USACE Regulatory Coordination As part of the preliminary design effort under HDR's current scope (Task 1), HDR will verify the U.S. Army Corps of Engineers (USACE) permits and authorizations required for the project. USACE Section 408 engineering review (Task 2.3) must be complete before USACE's regulatory team (Tasks 2.1 and 2.2) will review the permitting request. As part of the services proposed under Task 2, HDR will assist the City with preparing permit applications and/or requesting approvals from USACE for the following aspects of the project, pending determination of required permits under Task 1. 2.1 NWP Coordination (Reach 1-3 Work) Repairs to the existing structures in Reaches 1, 2, and 3 and the removal of debris from the channel can likely be covered by a USACE Nationwide Permit (NWP) 3 as maintenance work. Because Packery Channel is a federal project, a pre-construction notification (PCN) would be required. HDR's services will consist of: - Performing a formal site investigation to determine the presence and size of jurisdictional habitat that would be impacted by the work in Reaches 1 through 3; - Participation in a Joint Evaluation Meeting (JEM) at USACE's Corpus Christi office; - Development of a PCN for NWP 3; - Providing responses to USACE's comments on the PCN; and - Coordinating with USACE in attempt to receive the NWP 3 authorization. 2.2 Section 101404 Coordination (Reach 4 Breakwater) The envisioned breakwater in Reach 4 would require a permit under NWP 13 for bank stabilization or an Individual Permit (IP). Although the proposed breakwater would likely exceed the amount of filling allowed under NWP 13, a waiver could be requested from the USACE District Engineer by making a written determination concluding that the discharge will result in 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 2 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 3 minimal adverse effects. A PCN would then be required. If the District Engineer will not grant a waiver, the breakwater would require an IP and potential mitigation. HDR's services will consist of: - Performing a formal site investigation to determine the presence and size of jurisdictional habitat that would be impacted by the work in Reach 4; - Participation in a JEM at USACE's Corpus Christi office (concurrent with task in 2.1); - Development of a GIS collection file; - Preparation of a site investigation report and associated figures; - Preparation of a USACE Section 10/404 permit(or NWP 13)application; - Providing up to two rounds of responses to USACE and agency/public comments on the application; - Coordinating with USACE in attempt to receive the Section 10/404 permit (or NWP 13) authorization. 2.3 Section 408 Coordination Because Packery Channel is a federal project, coordination with USACE regarding Section 408 Review will be required. A letter of interest (LOI), accompanied by the -60% drawings developed under Task 3, will be submitted to the USACE District office to initiate Section 408 review and determine if the project is considered a "minor" or"complex" project. If the project is considered to be a minor project it will likely qualify for a Categorical Permission request. The typical timeframe for issuance of a minor Section 408 permit is 1 to 3 months. If the project is determined to be more complex or major, a more extensive review process will be required by the USACE District project manager (PM). In this case HDR will perform coordination with the non-federal partner (City of Corpus Christi) and USACE District PM, and development of an Environmental Assessment might be required. Preparation of an Environmental Assessment is not included as part of the currently-proposed scope and fee but would be added as an additional service if requested by the City. The typical timeframe for issuance of a major 408 review is 12 to 18 months. HDR does not anticipate needing to coordinate or obtain a permit from USACE Real Estate. If coordination is required it would be completed under a separate scope and fee. Task 3: Final Design Based on the City's review and feedback on HDR's Technical Memorandum for the 30% preliminary design under Task 1, HDR will perform detailed engineering analyses and final design for the project elements listed below. - Reach 1 - Re-Set Jetty Stone - Reach 1 - Replace Navigation Aids at Gulf Ends of Jetties - Reach 2-Bank Protection Repairs (Riprap) - Reach 3-Bank Protection Repairs (Riprap or Concrete Bulkhead) - Reach 3-Concrete Walkway Repairs - Reach 3-Surface Drainage along South Bank - Reach 4- Rock Breakwater Between Parking Lot and SH361 Bridge - Misc- Post/Cable and Handrail Repairs Tasks that will be performed by HDR to advance the project through final design consist of the following: 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 3 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 4 • The general limits, alignment, structural configuration, and design criteria will remain as developed during the 30% preliminary design. HDR will prepare Procurement Documents (plans and specifications) for soliciting bids from prospective construction contractors. The Procurement Documents will include technical specifications; construction drawings; supporting appendices (including USACE permit(s) and geotechnical data); general and special provisions; a proposal form; and other standard contract forms provided by the City. HDR will prepare 60%, 100% (Pre-Final), and Final (Signed/Sealed) design submittals. For the 60% design submittal, HDR will provide preliminary drawings and a Table of Contents for the proposed technical specifications. For the 100% and Final design submittals, HDR will provide drawings and Proposal Packages for the City for interim and final review. A Project Checklist, Drawings Review Checklist, and Plan Executive Summary will be included with each submittal. The following sheets are estimated for the final plan set: 1) Cover Sheet 15) Enlarged Plan 5 2) General Notes and Legend 16)Typical Sections and Details 1 3) Overall Existing Site Plan and Key Map 17) Typical Sections and Details 2 4) Enlarged Existing Site Plan 1 18)Typical Sections and Details 3 5) Enlarged Existing Site Plan 2 19)Typical Sections and Details 4 6) Enlarged Existing Site Plan 3 20)Typical Sections and Details 5 7) Enlarged Existing Site Plan 4 21) Typical Sections and Details 6 8) Enlarged Existing Site Plan 5 22) Typical Sections and Details 7 9) Demolition Plan 23) Cross Sections 1 10) Overall Project Layout 24) Cross Sections 2 11) Enlarged Plan 1 25) Cross Sections 3 12) Enlarged Plan 2 26) Cross Sections 4 13) Enlarged Plan 3 27) Cross Sections 5 14) Enlarged Plan 4 28) Cross Sections 6 • HDR will coordinate with the City during the various review stages and provide clarifications as required. Note that the 100% Procurement Documents submittal will serve as a final review package; it will not be signed and sealed by a professional engineer until after the City's final review comments have been incorporated. • With each (60%, 100%, and Final) Procurement Documents submittal, HDR will provide an opinion of probable construction cost (OPCC) that reflects the scope of construction. Developing the OPCC will include researching current market conditions for the anticipated methods and timing of construction, and coordination with the City on project budget. • HDR will participate in the following meetings under Task 2: - Progress Meeting: HDR will meet with the City to review the 30% design submitted as part of Task 1, and review the goals, objectives, and schedule for final design. - 60% Design Submittal Meeting - 100% Design Submittal Meeting 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 4 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 5 Task 4: Bidding-Phase Services This task includes supporting the City during the bidding phase of the project. HDR's services under this task include the following: • Assist the City in solicitation of bids by identification of prospective bidders. • Participate in a pre-bid conference with prospective construction contractors and City staff. HDR will prepare a technical agenda as an insert to the overall meeting agenda prepared by the City, facilitate technical discussion, and provide meeting notes to City. HDR will respond to questions asked during the pre-bid conference by preparing an addendum to the bid documents. • Support the City's solicitation process by assisting with the issuance of addenda and providing answers to technical questions from prospective contractors regarding the bid documents. • Attend bid opening, prepare bid tabulation, and assist City in evaluating the qualifications of the prospective contractors, subcontractors, and suppliers. Task 5: Construction Administration Services This task includes construction administration and observation activities to review the status of construction and the construction contractor's (Contractor's) general compliance with the Contract Documents and design intent. The services under this task will include the following: • Participate in a Pre-Construction Conference (PCC) with the City, the City's designated resident project representative (RPR), and selected Contractor. • HDR has assumed general construction administration services will be required for 9 months (36 weeks). This task includes general construction administration including responding to RFI's, and issuing Engineer's Supplemental Instruction (ESI) and Work Change Directives (i.e., Engineer's Clarification-Interpretation) in accordance with the City's established process, as defined in the Contract Documents. • HDR will review and process Contractor's submittals as may be required by the Contract Documents, including the Contractor's initial Schedule of Values and proposed construction schedule. HDR will also prepare a monthly submittal log to help track status of required submittals. • HDR will review and process Contractor's field and laboratory tests as may be required by the Contract Documents. • HDR's project manager or project engineer will travel to the project site approximately once per month, plus perform five additional site visits, for a total of 14 site visits during active construction (the duration of "active construction" is assumed to be 9 months). Nine (9) of these trips (or one per month) will be for combined site visits and routine construction progress meetings with Contractor, RPR, and the City. The remaining five trips will be for stand-alone site visits. During site visits, HDR will observe general status of work and assist RPR with monitoring the general progress of the construction activities. HDR will prepare a site visit report for each site visit and minutes for each of the construction progress meetings. 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 5 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 6 • Upon substantial completion of construction, HDR will visit the site, perform a substantial completion inspection with the RPR and the City, and issue a punch list for any remaining work items. Following the contractor's completion of the punch list items, HDR will perform a final inspection with the RPR and the City. HDR will issue site visit reports for both inspections and prepare a Certificate of Substantial Completion and a Certificate of Final Completion for signature by HDR, Contractor, and the City. • Upon completion of construction, HDR will obtain and review the "red-line" drawings prepared by Contractor and the City's RPR. This information will then be applied by HDR to develop record drawings. The record drawings will be provided to the City in AutoCAD and PDF format. HDR will also prepare a Close Out Project Summary which will summarize all Change Orders issued by the City, including cause and cost. Task 6: Additional Services 6.1 Design Survey This task consists of a design survey in the event a design survey is not provided by the City. The design survey will consist of channel bank cross sections (topography and bathymetry) within the repair areas and bathymetry adjacent to the jetties where displaced armor stone will be re-set. The survey data will be applied for development of final design of the following project elements: - Reach 1 - Re-Set Jetty Stone - Reach 2- Bank Protection Repairs (Riprap) - Reach 3- Bank Protection Repairs (Riprap or Concrete Bulkhead) - Reach 3-Concrete Walkway Repairs - Reach 3-Surface Drainage along South Bank - Reach 4- Rock Breakwater Between Parking Lot and SH361 Bridge Additional detail on the surveying scope is provided in the attached proposal from Naismith Marine Services dated 7/19/2018. The survey data will be submitted as part of the construction drawings under Task 3. Note that this task will not be performed unless requested in writing (or via email) by the City. 6.2 Warranty Phase Services If requested by the City, HDR will visit the site towards the end of the Contractor's one-year warranty period and perform a warranty inspection for the project. HDR will note defects requiring Contractor action to maintain, repair, fix, restore, patch, or replace completed work under the maintenance guarantee terms of the contract. HDR's observations and recommendations will be documented in a warranty inspection report including the locations and conditions requiring action, and ground photographs of the observed project features. 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 6 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 7 ASSUMPTIONS AND LIMITATIONS HDR's proposal for these services and fee are based on the following assumptions and limitations: • The City will prepare and submit any paperwork, reports, applications, and other documents needed to support disaster recovery claims through FEMA's Public Assistance and/or Section 404/406 programs. HDR's scope does not include preparation of a formal FEMA Damage Assessment Report. • Geotechnical analysis will be supported by readily-available data from previous design efforts by USACE. New soil borings and other field data collection, and associated laboratory testing, is not included as part of the current scope. • Identification of existing utilities will be based on information provided by the City and previous design drawings prepared by USACE. A subsurface utility investigation is not included as part of this scope. • Repair concepts will be limited to project features between SH361 and the Gulf of Mexico, not including the Lake Padre area. This scope of work will not address dredging, boat docks, or beach modifications. • This scope does not include participation in meetings or presentations to City Council or the Island Strategic Action Committee. • This scope does not include hydrodynamic numerical modeling for development and/or refinement of project design parameters. • HDR has not budgeted for development of a formal design calculations summary package. If a design calculations package is desired by the City, this information can be prepared by HDR through a contract amendment. • The OPCC will be developed on the basis of HDR's experience and qualifications, and will represent our judgment as experienced and qualified professional engineers generally familiar with this industry. However, because HDR 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, HDR cannot and does not guarantee that proposals, bids, or actual project costs will match our OPCC. If the City desires greater assurance on probable construction costs, consideration should be given to retaining an independent cost estimator. • The City will distribute Procurement Documents (construction bid packages) to prospective contractors and coordinate with commercial plan rooms. 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 7 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 8 City's construction department will review and process construction contractor's pay requests (invoices), and issue/process any needed construction change orders, without review or assistance from HDR. In the event the lowest responsible bidder's bid exceeds the City's project budget, HDR will confer with City staff on any desired revisions to the bid documents, and will then negotiate a contract amendment for implementation of these revisions and associated re-bidding. The timing and outcome of the permitting process is highly dependent on the availability and responsiveness of USACE and resource agencies. Both the City and HDR agree that the permits may ultimately not be issued, and the City agrees to pay HDR for applicable services provided regardless of the permitting outcome. Task 6.2 (Warranty Phase Services) does not include underwater or forensic inspections. HDR's inspection will be limited to above-water and above-ground features that can be readily observed during a site walk-through. HDR's warranty- phase services do not include communications and/or negotiations with the Contractor; engineering design; surveying; permitting; aerial photography; or construction observation of any corrective measures required after the warranty inspection. FEE, DELIVERABLES, AND SCHEDULE HDR proposes to provide these services through an amendment to our existing contract for a fee of $301,008, increasing HDR's total contract amount to $351,005 as shown in the table below. Tasks 1, 3, 4, and 6 will be performed on a Lump Sum basis. Tasks 2 and 5 (USACE Regulatory Coordination and Construction Administration Services) will be performed on a Time and Materials basis in accordance with the rates listed in the attached manhour estimate. Please note that HDR's rates are subject to revision in January of each year. Any work outside the proposed Scope will be added, with authorization from the City, through a formal Scope Change Document and associated fee agreement. This proposal is valid for 45 days from the date of this letter. 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 8 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 9 Approximate Schedule Approximate Task Deliverables Amount per for Completion Task Existing Contract - Project Kickoff Meeting Notes 1. Preliminary Site Visit/Photographs and Notes $49,997 Design - Preliminary Design Report(Draft) - 16 Weeks from NTP (Lump Sum) - Preliminary Design Report(Final) Proposed Amendment Electronic copies(PDF)of the following deliverables will be provided - JEM:60 days from under Task 2: NTP - Draft JEM materials(exhibits)and mtg notes for City review. - Draft PCN App for - Draft PCN and/or IP application for City review. Reach 1-3: 90 days - from NTP Comment response matrix for agency comments on PCN and/or IP 2. USACE application(s). - Final PCN App for Regulatory - Draft response letters and material to address agency requests. Reach 1-3: 100 days $46,015 Coordination Two hard copies and an electronic copy(PDF)of the following from NTP (T&M) - Draft PCN or IP App deliverables will be provided under Task 2: for Reach 4: 120 days - Final Exhibits for JEM. from NTP - PCN and/or IP application(s)for USACE submittal. - Final PCN or IP App - Final response letters and materials provided in response to agency for Reach 4: 130 days comments on PCN and/or IP application. from NTP Two hard copies and an electronic copy(PDF)will be provided for all of the following deliverables under Task 1: - 60%Submittal: - 60%Submittal: Drawings,specifications table of contents,and 120 Days from NTP OPCC. 100%(Pre-Final)Submittal: Drawings,specifications,and OPCC at - 100%Submittal: 165 3. Final Design the Pre-Final stage.The drawings and specifications(including City- Days from NTP $183,935 provided front end documents)will be included.The OPCC will be in (Lump Sum) the format of the Bid Tabulation. - Final Submittal: 230 - Final Submittal: One 22"x34"(or 11"x17")unbound set of hard copy Days from NTP drawings,8'%"x11"unbound set of technical specifications and front- (dependent on USACE end documents,and bid form of the ISSUED FOR BIDS set,suitable Permit timeline) for reproduction. One digital copy in PDF format of the following: Schedule is dependent - Technical agenda for,and meeting notes from, pre-bid conference; on City.Award 4. Bidding-Phase _ Addenda and/or responses to questions required during the bidding recommendation letter $8,625 Services phase. will be provided within 14 (Lump Sum) - Recommendation for Award. days of HDR's receipt of bid results. ............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................ One digital copy in PDF format of the following: - Meeting notes from construction progress meetings; Schedule dependent on - RFI's,Work Change Directives,and/or Change Orders required construction contract. during construction; Duration of active 5. Construction - Monthly Submittal Log; construction assumed to $44,780 Administration - Site Visit Reports; be 9 mos. Record (T&M) Services - Substantial Completion Certificate and Punch List; drawings will be provided - Final Completion Certificate; within 30 days of - Record Drawings(record drawings will also be provided in AutoCAD construction contract format). completion date. - Close-Out Project Summary Task 6.1: 60 Days from 6.1: $14,653 6. Additional 6.1 Design Survey: Survey drawings in AutoCAD and PDF format. NTP (Lump Sum) Services 6.2 Warranty Phase Services: Inspection report in PDF format. Task 6.2: Within 15 6.2: $3,000 days of City's request to perform task. (Lump Sum) Total Proposed Fee(Amendment 1 Only): $301,008 Total Proposed Fee(Existing Contract+Amendment 1): $351,005 .............................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................................. Note: Actual schedule for all deliverables is dependent on HDR's receipt of review comments and other needed feedback from City. HDR has assumed one week for City review of deliverables. 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 9 of 10 Mr. Jeff Edmonds MCN 10118494 August 6, 2018 Page 10 Thank you again for considering us for this project. Please do not hesitate to contact Dan Heilman at 361-696-3344 if you have questions or require any additional information. Sincerely, HDR ENGINEERING, INC. Daniel J. Heilman, P.E. David C. Weston Project Manager Area Manager Vice President Cc: Sarah West, P.E., City of Corpus Christi Attachments: Manhour and Expense Estimate (Dated 8/6/2018) Surveying Proposal from Naismith Marine Services (Dated 7/19/2018) 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 Texas P.E. Firm Registration No. 754 361-696-3300 EXHIBIT A Page 10 of 10 Exhibit A-1 Packery Channel Restoration Project No. H17019 Basic Services: Contract Amendment 1 Total Contract 1. Preliminary Design $49,997.00 $0.00 $49,997.00 2. Design Phase $0.00 $183,935.00 $183,935.00 3. Bid Phase $0.00 $8,625.00 $8,625.00 4. Construction Administration Phase (Time & Materials) $0.00 $44,780.00 $44,780.00 Subtotal Basic Services Fees $49,997.00 $237,340.00 $287,337.00 Additional Services: 1. Permit Preparation $0.00 $0.00 $0.00 2. ROW Acquisition Survey $0.00 $0.00 $0.00 3. Topographic Survey and Parcel Descriptions $0.00 $14,653.00 $14,653.00 4. Environmental Issues (Time & Materials) $0.00 $46,015.00 $46,015.00 5. Public Involvement $0.00 $0.00 $0.00 6. Subsurface Utility Investigation $0.00 $0.00 $0.00 7. Construction Observation Services $0.00 $0.00 $0.00 8. Warranty Phase $0.00 $3,000.00 $3,000.00 Subtotal Additional Services $0.00 $63,668.00 $63,668.00 Summary of Fees Basic Services Fees $49,997.00 $237,340.00 $287,337.00 Additional Services Fees $0.00 $63,668.00 $63,668.00 Total of Fees $49,997.00 $301,008.00 $351,005.00 8/06/2018 EXHIBIT A-1 PAGE 1 OF 1 Basic Services: Preliminary Phase Design Phase Bid Phase Construction Phase Subtotal Basic Services Additional Services: Permitting Warranty Phase Inspection Platting Survey O & M Manuals SCADA Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Contract Amd No. 1 Amd No. 2 Contract $1,000.00 $0.00 $0.00 $1,000.00 $2,000.00 $1,000.00 $0.00 $3,000.00 $500.00 $0.00 $250.00 $750.00 $2,500.00 $0.00 $1,000.00 $3,500.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $0.00 $2,000.00 $0.00 $0.00 $2,000.00 $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $1,627.00 $1,627.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD TBD $2,000.00 $1,120.00 $1,627.00 $4,747.00 $6,000.00 $1,000.00 $1,250.00 $8,250.00 $2,000.00 $1,120.00 $1,627.00 $4,747.00 $8,000.00 $2,120.00 $2,877.00 $12,997.00 Current Invoice Previous Invoice Total Invoice $0.00 $1,000.00 $1,000.00 $1,000.00 $500.00 $1,500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,000.00 $1,500.00 $2,500.00 0.0% $500.00 $0.00 $500.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TBD TBD TBD TBD TBD TBD TBD TBD TBD $500.00 $0.00 $500.00 $1,000.00 $1,500.00 $2,500.00 $500.00 $0.00 $500.00 $1,500.00 $1,500.00 $3,000.00 Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M). Sample form for: Payment Request AE Contract Revised 02/01/17 Remaining Percent Balance Complete $0.00 100.0% $1,500.00 50.0% $750.00 0.0% $3,500.00 0.0% $5,750.00 30.3% $1,500.00 25.0% $1,120.00 0.0% $1,627.00 0.0% TBD TBD TBD TBD TBD TBD $4,247.00 10.5% $5,750.00 30.3% $4,247.00 10.5% $9,997.00 23.1% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/h r) Project Consultant: CAD Technician: Clerical: Other— specify: SUBCONSULTANT(S): (fi rm) Principal(s): Project Consultant: CAD Technician: Clerical Other— specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1 . Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 1 Rev 04/17 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of 2 Rev 04/17 coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1 .9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Rev 04/17 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22— Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1—DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term's singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution -The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date—The date the City Council of the City of Corpus Christi(City)authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid-The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder-An individual or entity that submits a Bid to Owner. 9. Bidding Requirements -The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security-The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier's check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer-The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. ("CERCLA"); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. ("RCRA"); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act,42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous,toxic, or dangerous waste, substance, or material. 17. Contract -The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment-A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications,and increases or decreases in unit price quantities, if any,that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times-The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor-The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor's Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work -The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or C. Has been damaged or stolen prior to OAR's recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract -The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order-A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition -The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs-All costs, losses,damages,and legal or other dispute resolution costs resulting from claims or demands against Owner's Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 32. Laws and Regulations; Laws or Regulations-Applicable laws,statutes, rules, regulations, ordinances,codes,and orders of governmental bodies, agencies,authorities,and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone-A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; C. Field Order; or d. Work Change Directive. 36. Notice of Award-The notice of Owner's intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed -A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner-The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City's officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner's Authorized Representative or OAR -The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner's Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner's Project Team or OPT - The Owner, Owner's Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule -A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 45. Resident Project Representative or RPR-The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents-A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor's Applications for Payment. 49. Selected Bidder-The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications -The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor -An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion -The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions -The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data-Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or C. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work-Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive -A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to "at no additional cost to Owner," "at Contractor's expense,"or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms"day"or"calendar day' mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms "as allowed," "as approved," "as ordered," "as directed," or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to "reasonable," "suitable," "acceptable," "proper," "satisfactory," or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words "furnish," "install," "perform," and "provide" have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words "furnish," "install," "perform," or "provide." F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word "all" is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words "furnish," "install," "perform," "provide," or similar words include the meaning of the phrase "The Contractor shall..." before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT's project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2—PRELIMINARY MATTERS ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer's or OAR's interpretation by submitting a Change Proposal. ARTICLE 4—COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT's obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer's findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor's resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer's findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer's findings, conclusions, and recommendations. ARTICLE 6—BONDS AND INSURANCE ARTICLE 7—CONTRACTOR'S RESPONSIBILITIES ARTICLE 8—OTHER WORK AT THE SITE ARTICLE 9—OWNER'S AND OPT'S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner's Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner's duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections,Tests, and Approvals A. OPT's responsibility with respect to certain inspections,tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT's Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor's means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT's responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10—OAR'S AND DESIGNER'S STATUS DURING CONSTRUCTION 10.01 Owner's Representative A. OAR is Owner's representative. The duties and responsibilities and the limitations of authority of OAR as Owner's representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer's visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner's quality assurance program, and administer the Contract as Owner's representative as described in the Contract Documents. OAR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives' authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer's authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer's authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer's authority related to Modifications is described in Article 11. D. OAR's authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work,or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer's decision by submitting a Change Proposal if Contractor does not agree with the Designer's decision. 10.07 Limitations on OAR's and Designer's Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor's Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor's Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11—AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12—CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT's description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor's risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13—CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12,shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14—PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15—COST OF THE WORK;ALLOWANCES; UNIT PRICE WORK ARTICLE 16—TESTS AND INSPECTIONS;CORRECTION, REMOVAL,OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17—PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18—SUSPENSION OF WORK AND TERMINATION ARTICLE 19— PROJECT MANAGEMENT ARTICLE 20—PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21—QUALITY MANAGEMENT ARTICLE 22—FINAL RESOLUTION OF DISPUTES ARTICLE 23—MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24—DOCUMENT MANAGEMENT ARTICLE 25—SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor's Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general,conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer's review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer's review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer's review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor's markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. C. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is "Approved as Noted," but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted" and "Resubmit with corrections made." These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as "Not Approved" if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked "Rejected" and "Submit Shop Drawing." No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked "Rejected" and "Revise and Resubmit." Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked "Rejected" and "Cancel - Not Required." No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked "Filed as Received." ARTICLE 27—CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28—VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29—EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer's notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 Corpus Chr sti Engineering Packery Channel Restoration Council Presentation September 11, 2018 Project Location Corpus Chr sti Engineering N SCALE:N.T.S. s ° p PACKERY CHANNEL RESTORATION y. `OapUs Cy�S O m Project Y I N J - h asz A j a z Vit. , PACKERY; RCHANNELRESTO . 'r � Project Scope *wCh,�U Engineering • Wave energy and storm surge from Hurricane Harvey caused damage to Packery Channel slope protection and adjacent appurtenances • Field investigations and reviews of bathymetric surveys by HDR used to develop conceptual scope and cost estimates to restore Packery Channel and mitigate future damages • City staff filed disaster recovery claims with FEMA o Requested funding for restoring the channel to pre-storm existing condition o Requested funding to mitigate damages from future storms • This contract amendment authorizes design and preparation of construction bid documents for restoration and mitigation repairs 0* Project Schedule w Corpus Ch,sti Engineering / • / • 2020 O N D J F M A M J J A S O N D J F M A M J Design Bid/ Construction Award Projected Schedule reflects City Council award in October 2018 with anticipated completion in Summer 2020. se GO O Va. AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of September 11, 2018 1852 Action Item for the City Council Meeting September 18, 2018 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(a�cctexas.com (361) 826-3464 Jim Davis, Director of Asset Management jimd(a�cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim B2 c(-).cctexas.com (361) 826-3169 Ford F-250 and F-350 Trucks for Parks and Recreation CAPTION: Motion authorizing the purchase of six Ford F-250 trucks and one Ford F-350 truck with AutoNation Ford of Corpus Christi, Texas and Bluebonnet Ford of New Braunfels, Texas based on Request for Bid No. 1794 for a total amount not to exceed $264,753.00. PURPOSE: The item is to approve the purchase of Ford trucks for Parks and Recreation. BACKGROUND AND FINDINGS: The purchase of seven Ford trucks are replacement units for Beach Maintenance, Gulf Maintenance, Storm Water, Tourist District, and Park Operations. The current units 2810, 7835, and 7830 will be replaced and utilized by Beach Maintenance crews for sanitation and maintenance and by Gulf Maintenance Lifeguards for emergency response. Unit 4843 will be replaced and utilized by Storm Water, and replacements for units 834, 2802, and 2824 will be utilized by Tourist District and Park Operation crews for daily operations, sanitation and landscaping services. The Purchasing Division conducted a competitive Request for Bid process to obtain bids from qualified firms. The City received two bids and recommends award to the lowest responsive, responsible bidders, AutoNation Ford and Bluebonnet Ford. 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 Department Asset Management FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $9,564,589.55 $0.00 $9,564,589.55 Encumbered / Expended Amount $8,983,035.30 $0.00 $8,983,035.30 This item $264,753.00 $0.00 $264,753.00 BALANCE $316,801.25 $0.00 $316,801.25 Fund(s): General, Storm Water, and Fleet Maintenance Service Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION BID NO. 1794 BUYER: JOHN ELIZONDO FORD F-250 AND F-350 TRUCKS FOR PARKS AND REC Autonation Ford Mazda Bluebonnet Ford ITEM DESCRIPTION QTY Corpus Christi, TX New Braunfels, TX EXTENDED EXTENDED UNIT PRICE PRICE UNIT PRICE PRICE 2018 Ford F-350 4x4 Crew Cab, 1 1Ton Truck 1 $ 67,300.00 $ 67,300.00 $ 62,253.00 $ 62,253.00 2 12018 Ford F-250 XL 44 Truck 3 $ 31,250.00 $ 93,750.00 $ 34,426.00 $ 103,278.00 3 2018 Ford F-250 Extended Cab 3 13/4 Ton Truck with Utility Bed 1 $ 36,250.00 $ 108,750.00 1 $ 38,909.00 $ 116,727.00 se AGENDA MEMORANDUM v Future Item for the City Council Meeting of September 11, 2018 Action Item for the City Council Meeting of September 18, 2018 NRORPO P PE 1852 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation Department JayEll(a)cctexas.com (361) 826-3464 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2(a)-cctexas.com (361) 826-3169 Purchase of Three John Deere Tractors CAPTION: Motion authorizing the purchase of three John Deere Tractors from Deere & Company, of Cary, North Carolina, via Buy Board cooperative for $162,091.63. PURPOSE: This item is to approve the purchase of three John Deere Tractors for the Parks and Recreation Department. BACKGROUND AND FINDINGS: The purchase of the three John Deere Tractors are replacement units for the Parks and Recreation department and are currently used by the Park Operations Storm Water crews for daily operations. The three tractors being replaced are unit number 4834 a 2005 John Deere tractor, unit number 4836 a 2004 John Deere tractor, and unit number 4853 a 2008 John Deere tractor which have reached the end of their life cycles. The total cost for this equipment is based on Buy Board Contract 529-17 for Grounds Maintenance Equipment, Supplies, Parts and Accessories. The purchase of these tractors will be paid for in FY2017-18. ALTERNATIVES: No alternatives. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Parks and Recreation FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2016-2017 Current Year Future Years TOTALS Line Item Budget $284,916.30 $0.00 $284,916.30 Encumbered / Expended Amount $49,615.32 $0.00 $49,615.32 This item $162,091.63 $0.00 $162,091.63 BALANCE $73,209.35 $0.00 $73,209.35 Fund(s): StormWater Comments: None RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet PRICE SHEET CITY OF CORPUS CHRISTI PURCHASING DIVISION Tractors for Parks& Recreation BUYER: JOHN ELIZONDO BUY BOARD CONTRACT 529-17 EEERE &COMPANY CARY, NORTH CAROLINA UNIT EXTENDED ITEM DESCRIPTION QTY. UNIT PRICE PRICE L1. John Deere 5100E Utility Tractor for Parks and Recreation Department 3 EA $54,030.54 $162,091.62 Total Price $162,091.62 SC AGENDA MEMORANDUM hCogppppSEo Future Item for the City Council Meeting of September 11, 2018 1852 Action Item for City Council Meeting of September 18, 2018 DATE: September 11, 2018 TO: Keith Selman, Assistant City Manager FROM: Jim Davis, Executive Director of Asset Management iimd(a�cctexas.com (361) 826-1909 Lawrence Mikolajczyk, Director of Solid Waste Operations lawm(a�cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division Kim B2 c(-).cctexas.com (361) 826-3169 Lease Purchase of Six Trucks and Two Trailers for Solid Waste Operations CAPTION: Motion authorizing the lease purchase of four side loading refuse truck from Rush Truck Center of New Braunfels, Texas, and two rear-loading refuse trucks from Grande Truck Center of San Antonio, Texas and two transfer trailers from Rush Truck Center of New Braunfels, Texas via Houston-Galveston Area Council (HGAC) for a total amount not to exceed $2,013,177.48. PURPOSE: This item is to approve the lease purchase of 2018 model trucks and trailers for Solid Waste Operations as per the following breakdown: four side loading refuse truck from Rush Truck Center of New Braunfels, Texas and two rear-loading refuse trucks from Grande Truck Center of San Antonio, Texas and two transfer trailers from Rush Truck Center of New Braunfels, Texas. BACKGROUND AND FINDINGS: Solid Waste Operations currently has a requirement to replace four side loading refuse trucks two rear-loading refuse trucks and two transfer trailers which are intended to perform various functions within the Solid Waste Department. The units to be replaced are all well past the end of their service lives. All six refuse trucks are replacements, the two transfer trailers are additions to the fleet. The trailers are additions to increase efficiencies in transferring refuse to the Cefe Valenzuela Landfill. The refuse trucks will be able to unload at the Elliot Transfer Station, reducing mileage, and time to return to their routes. Utilization of the Houston-Galveston Area Council (HGAC) provides competitive pricing for the City through competitive procurements that are in with compliance with Texas local and state procurement requirements. ALTERNATIVES: N/A OTHER CONSIDERATIONS: Financing for the lease-purchase of these vehicles is based on a sixty-month term with an estimated interest rate of 4.20% for an annual estimated payment of$402,535.50. The total estimated cost over the five-year period, including principal of $1 ,813,390.10 and interest of$199,287.38, is $2,012,677.48. A not to exceed tolerance of$500.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate, for a total amount not to exceed Total Lease-Purchase Price: $1,813,390.10 Total estimated allowable interest for Lease: $ 199,787.38 Grand Total: $2,013,177.48 CONFORMITY TO CITY POLICY: This lease-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 $0.00 $4,116,803.20 $4,116,803.20 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $2,013,177.48 $2,013,177.48 BALANCE $0.00 $0.00 $0.00 Fund(s): Solid Waste Operations Comments: Delivery of these vehicles is scheduled during the summer of 2019. Payments will begin after vehicles are delivered. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet CITY OF CORPUS CHRISTI PRICE SHEET PURCHASING DIVISION Lease Purchase of Six Trucks and BUYER: Cynthia Perez Two Trailers for Solid Waste Rush Truck Center New Braunfels, Texas UNIT EXTENDED ITEM DESCRIPTION Unit Qty PRICE PRICE 1 ISide Loading Refuse Trucks EA 4 $296,804.00 $1,187,216.00 2 ISteco Push Out Transfer Trailers EA 2 $90,390.05 $180,780.10 TOTAL: $1,367,996.10 Grande Truck Center San Antonio, Texas UNIT EXTENDED ITEM DESCRIPTION Unit Qty PRICE PRICE 1 Rear Loading Refuse Trucks EA 2 $222,697.00 $445,394.00 TOTAL: $445,394.00 Grand Total $1,813,390.10 SC AGENDA MEMORANDUM hCogppppSEo Future Item for the City Council Meeting of September 11, 2018 1852 Action Item for City Council Meeting of September 18, 2018 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1909 Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com (361) 826-1972 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2@cctexas.com (361) 826-3169 Purchase of Two Trucks for Utilities CAPTION: Motion authorizing the purchase of two Ford F-250 pickup trucks from Rush Truck Center of New Braunfels, Texas, via BuyBoard Purchasing Cooperative for a total amount not to exceed $92,118.00. PURPOSE: This item is to approve the purchase of two 2019 F-250 Crew Cab Pickups for the Utilities Department (Mary Rhodes Pipeline). BACKGROUND AND FINDINGS: The Utilities Department currently has a requirement to replace two % ton pickup trucks intended to perform various functions within the Water Department's Mary Rhodes Pipeline and Choke Canyon Reservoir Divisions. The units to be replaced are well past the end of their service lives. These trucks are both replacements. Purchasing the trucks will also eliminate the need to lease. Contracts awarded through the BuyBoard Purchasing Cooperative have been competitively procured, in 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: Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $9,078,778.25 $0.00 $9,078,778.25 Encumbered / Expended Amount $6,015,884.67 $0.00 $6,015,884.67 This item $92,118.00 $0.00 $92,118.00 BALANCE $2,970,775.58 $0.00 $2,970,775.58 Fund(s): Utilities Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet PRICE SHEET City of Corpus Christi Purchase of two trucks for Utilities Purchasing Division Buyer: Cynthia Perez Rush Truck Center New Braunfels,Texas ITEM DESCRIPTION Unit Qty UNIT PRICE EXTENDED PRICE 1 F250 4X4 Pickup Trucks EA 2 $45,259.00 $90,518.00 2 Buyboard EA 1 $400.00 3 Freight EA 1 $1,200.00 TOTAL: $92,118.00 se o� Va. AGENDA MEMORANDUM v Future Item for the City Council Meeting of September 11, 2018 N0ORPOR IEO Action Item for the City Council Meeting September 18, 2018 1852 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management JimD(a).cctexas.com (361) 857-1909 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 a( cctexas.com (361) 826-3169 Custodial Services for Fleet Maintenance Buildings CAPTION: Motion authorizing a one-year service agreement for custodial services with Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services of Corpus Christi, Texas for a total amount of $18,995.16, with two one-year options for a total potential multi-year amount of $56,985.48. PURPOSE: The service agreement will provide custodial services for four Fleet Maintenance Buildings. BACKGROUND AND FINDINGS: Custodial services will be performed at four Fleet Maintenance buildings. This service will provide an adequate number of custodians that will work Monday through Sunday to perform the services required. The Purchasing Division conducted a competitive Request for Bid process to obtain bids for a new contract. The City received eight responsive, responsible bids, and is recommending the award to Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services, the lowest responsive responsible bidder. 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 .00 $56,985.48 $56,985.48 Encumbered / Expended Amount .00 .00 .00 This item .00 $56,985.48 $56,985.48 BALANCE .00 .00 .00 Fund(s): Fleet Maint. Svc Comments: The total contract value will be $56,985.48 if all option years are executed. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation CITY OF CORPUS CHRISTI BID TABULATION PURCHASING DIVISION RFB 1742-Custodial Services for Fleet Maintenance Buildings BUYER: MINERVA ALVARADO A Plus Janitorial & Mowing Janie B. Klein aka Martin's Alpha and Omega Cleaning ITEM DESCRIPTION UNIT QTY Janitorial Service Services, LLC Corpus Christi,TX Corpus Christi,TX Edinburg,TX Unit Price Total Price Unit Price Total Price Unit Price Total Price City Hall Vehicle Motor Pool MO 12 $325.51 $3,906.12 $300.00 $3,600.00 $352.14 $4,225.68 1 lOffice Auction Lot M 2 Office O 12 $325.51 $3,906.12 $175.00 $2,100.00 $528.13 $6,337.56 Fleet Administrative MO 12 $606.40 $7,276.80 $1,100.00 $13,200.00 $528.13 $6,337.56 3 IBIdg Heavy Equipment Bldg MO 12 $325.51 $3,906.12 $225.00 $2,700.00 $528.13 $6,337.56 4 &Trailer Office $18,995.16 $ 21,600.00 $ 23,238.36 ABM Texas General Services, WCD Enterprises, LLC ACE Global ITEM DESCRIPTION UNIT QTY Inc. Scottsdale,AZ Corpus Christi,TX Corpus Christi,TX Unit Price Total Price Unit Price Total Price Unit Price Total Price City Hall Vehicle Motor Pool MO 12 $480.00 $5,760.00 $629.35 $7,552.20 $528.41 $6,340.92 1 Office Auction Lot MO 12 $440.00 $5,280.00 $616.56 $7,398.72 $268.02 $3,216.24 2 Office Fleet Administrative MO 12 $670.00 $8,040.00 $629.35 $7,552.20 $1,455.59 $17,467.08 3 Bldg Heavy Equipment Bldg MO 12 $455.00 $5,460.00 $616.35 $7,396.20 $268.02 $3,216.24 4 &Trailer Office $ 24,540.00 $29,899.32 $30,240.48 Treco Services, Inc. Sterling Facility Solutions, LLC ITEM DESCRIPTION UNIT QTY San Antonio,TX Corpus Christi,TX U Unit Price Total Price nit Price Total Price City Hall Vehicle Motor Pool MO 12 $656.91 $7,882.92 $333.99 $4,007.88 1 Office Auction Lot 2 MO 12 $437.94 $5,255.28 $192.04 $2,304.48 Office Fleet Administrative MO 12 $1,136.04 $13,632.48 $2,277.20 $27,326.40 3 Bldg Heavy Equipment Bldg MO 12 $463.80 $5,565.60 $280.09 $3,361.08 4 1&TrailerOffice $ 32,336.28 $ 36,999.84 SC 0 > SERVICE AGREEMENT NO. 1742 U Custodial Services for Fleet Maintenance Buildings bO RPOR Af 1852 THIS Custodial Services for Fleet Maintenance Buildings Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Hilario O. Ortega, Jr. dba A Plus Janitorial and Mowing Services ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Custodial Services for Fleet Maintenance Buildings in response to Request for Bid/Proposal No. 1742 ("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 Custodial Services for Fleet Maintenance Buildings ("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 $18,995.16, 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 Erlinda Klubertanz General Services Department 361 .826.1903 Erlinda@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: Erlinda Klubertanz Operations Manager 5352 Ayers, Building 313, Corpus Christi, Texas 78415 Phone: 361 .826.1903 Fax: 361 .826.4394 IF TO CONTRACTOR: Hilario O. Ortega, Jr., dba A Plus Janitorial and Mowing Services Attn: Hilario O. Ortega, Jr. Owner 6765 Wood Iron Drive, Corpus Christi, Texas 78413 Phone: 361 .906.6801 Fax: 361 .906.6801 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: ./T . d, /1�1-�-. — 4 zzma- Printed Name: �v 0. (21t� Title: Date:../ CITY OF. CORNUS CHRISTI Signature: Printed Dame: Title: Date: A fached 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. 1742 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 Attachment A: Scope of Work 1 . General Requirements/Background Information The Contractor shall provide all labor and supervision necessary to perform custodial services for the Fleet Maintenance Administrative building, City Hall vehicle pool office, Auction Lot office, and Fleet Maintenance Heavy Equipment Building and Trailer office. 2. Scope of Work A. Locations and normal working hours Name of Building Location Square Normal Working Footage Hours 1 . 4:OOpm-6:OOpm City Hall Motor Vehicle 5110 Sam 440 (gate locks at Pool Rankin 6:OOpm) Monday-Friday 2. 5:OOpm-6:OOpm Auction Lot Office 5325 Ayers, 253 (gate locks at 3-A 6:OOpm) Monday-Friday 3. 5:30pm starting at Fleet Maintenance 5325 Ayers, 3000 the parts counter Administrative Building 3-B Monday-Friday, holidays included 4. 6:OOpm - 5:OOam Heavy Equipment 5325 Ayers 3- 369 Monday-Friday, Building & Trailer Office C holidays included B. Cleaning Requirements 1. Restrooms - Fleet Maintenance Administrative Building, Building 3-B - located upstairs and downstairs (three total); Heavy Equipment Building 3C - (two total); and City Hall Vehicle Motor Pool Office - one restroom Daily: a. Empty, clean and change liners in waste receptacles- change liners as needed. b. Clean lavatory fixtures using appropriate disinfectant/cleaner. Page 1 of 3 c. Refill all dispensers as required, such as toilet tissue, paper towels, soap dispensers and urinal cakes. d. Remove scale from sinks, toilet bowls, and urinals. e. Clean and disinfect toilet bowls, tops and bottom of toilet seats, and urinal surfaces. f. Clean and polish mirrors and bright metal surfaces. g. Sweep floors and wet mop using cleaner/disinfectant. h. Secure lights after final inspection. Weekly: Wet-scrub floors. 2. Offices, Conference Room, Hallways, and Stairwells - Heavy Equipment Building includes: Parts Room, Light Equipment Production Control area, and two offices in the Tire Storage area, Fleet Maintenance Administration building include: offices (total of 7 rooms) and Break Room (upstairs) to include the two rooms (area with refrigerator and area with table). Auction Lot Office located back of Building 3A and the City Hall Motor Pool Offices. Daily: a. Empty waste receptacles and replace liners as needed. b. Dust and clean exterior surfaces of desks, computers, chairs, glass tops, file cabinets, tables and counter tops, excluding desks or computer areas with paper on them. c. Sweep and wet mop floors with appropriate floor cleaners. d. Sweep stairways. e. Vacuum carpets and carpet runners. f. Spot clean carpets as needed. g. Spot clean wall switches, door knobs, counters and walls (including kitchen area) as needed. h. Dust/clean handrails. i Clean and polish stainless steel surfaces, such as water fountains and sinks. j. Dust picture frames, floor moldings, and floor sashes as needed. k. Spot wax linoleum floors as needed. Monthly: Shampoo carpets in administration areas. Quarterly: Strip, seal, and wash linoleum floors in all areas. Page 2 of 3 C. Supplies Consumable materials used by the public and staff will be supplied by the City. These items include: plastic wastebasket liners when required, hand soap, paper towels, toilet tissue, toilet seat covers and urinal cakes. Filling containers with supplies provided by the City will be the job of the custodial service. Fleet Maintenance shall provide appropriate cleansers and disinfectants required to maintain various surfaces to be cleaned. 3. Work Site and Conditions The City will make available to the Contractor a janitorial supply closet to store janitorial equipment and supplies at the Fleet Maintenance Administration Building located on the first floor next to the Parts Room. Contractor will not be allowed to leave equipment or supplies anywhere else. 4. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 3 of 3 S Attachment B: Bid/Pricing Schedule ; ,� CITY OF CORPUS CHRISTI ° f1 PURCHASING DIVISION BID FORM 1�Q RFB No. 1742 Custodial Services for Fleet Maintenance Buildings PAGE 1 4i= 1 Date: Authorized /J Bidder: Y� OLU.%. �ti�n�r�►Z�n� n-nJ Signature: GYM SU--fLvLc� 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. B?dder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Price Total Price City Hall Vehicle Moicr Pool 1 Office Month 12 2,Sl 3 g c4 , 1 2- 2 Auction Lot Office Month 12 3 2 5.5"j 3q a b , / Z- 3 3 Fleet Administrative Month 12 O Administrative Building 4 Heavy Equipment Building & Month 12 — r Trailer Office 3 zS , 51 39 o (,./ Total I y10 jgs.le, Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence - aggregate change or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence including: $1 ,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS'S COMPENSATION Statutory and complies with Part B (All States Endorsement if Company is of this Exhibit. not 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 contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. Itis 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 Custodial Services 05/22/2018 sw Risk Management Valid Through 12/31 /2018 No Bond required for the service. Page 3 of 3 Attachment D: Warranty Requirements Section 8. is null for this Service Agreement. Page 1 of 1 SC G® AGENDA MEMORANDUM Future Item for the City Council Meeting of September 11, 2018 "`z85' Action Item for the City Council Meeting of September 18, 2018 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: Lawrence Mikolajczyk., Director of Solid Waste Operations lawm _cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2 _cctexas.com (361) 826-3169 Purchase of Refuse and Recycling Carts for Solid Waste CAPTION: Motion authorizing the purchase of refuse and recycling carts from Cascade Engineering of Grand Rapids, Michigan, via Houston-Galveston Area Cooperative (HGAC), in the total amount not to exceed $499,344.40. PURPOSE: This item is to approve the purchase of 9,860 carts consisting of green refuse carts and blue recycling carts for Solid Waste Department. BACKGROUND AND FINDINGS: The containers will be distributed to new customers, customers requesting additional containers and customers requesting replacements for damage and stolen carts. The entire City is currently on the automated collection program which was first implemented in 2002. The carts that are damaged and deemed unserviceable are collected and recycled by the Solid Waste Department. The carts will be purchased through the HGAC cooperative. Contracts awarded through Houston-Galveston Area Council aka HGAC have been competitively procured, to assist with compliance with Texas local and state procurement requirements. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/ NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Solid Waste Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $ $499,344.40 $499,344.40 Encumbered / Expended Amount $ $ $ This item $ $499,344.40 $499,344.40 BALANCE $ $ $ Fund(s): General Fund Comments: These carts will be purchased next fiscal year. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Purchasing Division Carts for Solid Waste Buyer: Cynthia Perez HGAC Contract RC01-18 Cascade Engineering Grand Rapids, Michigan ITEM DESCRIPTION COST QUANTITY EXTENDED TOTAL 1 Cart 96- Gal Moss Green $46.79 7,480 $349,989.20 2 Cart 96- Gal Medium Blue $47.04 2,380 $111,955.20 3 Shipping $37,400.00 TOTAL $499,344.40 se GO O� Va. AGENDA MEMORANDUM NORROPPEFuture Item for the City Council Meeting of September 11, 2018 1852 Action Item for the City Council Meeting of September 18, 2018 DATE: September 11, 2018 TO: Keith Selman, Interim City Manager FROM: Gilbert Sanchez, Safety and Risk Manager gilbertsZjc�cctexas.com (361) 826-8739 Kim Baker, Assistant Director of Financial Services—Purchasing Division KimB26a�cctexas.com (361) 826-3169 Actuarial Services for Risk Management CAPTION: Motion authorizing a five year service agreement to provide Actuarial Services for the City's Risk Management Division with AMI Risk consultants, Inc., of Miami, Florida for a not to exceed value of$60,000. PURPOSE: The purpose of this agenda item is to execute a contract for the Actuarial Services for Risk Management. BACKGROUND AND FINDINGS: The City currently contracts out actuarial services for the Risk Management Division. 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. Seven 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. Then the cost proposal was evaluated for each firm and the pricing score was tabulated and added to the technical proposal to determine the highest scoring firm. The staff recommends awarding a service agreement to AMI Risk Consultants as the highest scoring firm and best value to the City. 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 DEPARTMENTALCLEARANCES: Legal, Risk Management and Purchasing Division FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017-2018 Current Year Future Years TOTALS Line Item Budget $60,000.00 $60,000.00 Encumbered / Expended Amount $0.00 $0.00 This item $60,000.00 $60,000.00 BALANCE $0.00 $0.00 Fund(s): General Fund Comments: The contract value total is a not-to-exceed $60,000 which all will be funded in next year and the following years in future year's budgets at $12,000 each year. RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: RFP Matrix Service Agreement RFP No. 1764-Actuarial Services for Risk Management Kim Baker AMI RISK GLICKSMAN OLIVER SELECT Proposal Evaluation CONSULTANTS CONSULTING LEWIS&ELLIS WYMAN PINNACLE ACTUARIAL SIGMA LLC SERVICES Minimum Qualifications Licensing Required 5 years in Business No outstanding lawsuits during last 5 years or current litigation With the City during last 5 years PASS PASS FAIL PASS PASS FAIL PASS No outstanding regulatory issues last 5 years References Provided for firm Technical Proposal Technical Proposal(70 points) 60 44 0 67 52 0 50 Firms'Experience(25 points) Team Experience(25 points) Understanding of Project Scope(20 points) Price Price(30 points) 30 29 0 15 12 0 10 Total 90 72 0 831 64 0 60 mus c. s �o SERVICE AGREEMENT NO. 1764 v ACTUARIAL SERVICES FOR RISK MANAGEMENT No FPOR Af� _1852 THIS Actuarial Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and AMI Risk Consultants, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Actuarial Services in response to Request for Bid/Proposal No. 1764 ("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 Actuarial Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for sixty months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then- current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. The total value of this Agreement is not to exceed $60,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Service Agreement Standard Form Page 1 of 7 Name: Gilbert Sanchez Department: Risk Management Phone:361 .826.3937 Email: Gilberts2@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 for all coverage except for Professional Liability. 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. Standard of Care. Contractor will perform Services in accordance with the standard of care used by similarly situated contractors performing similar services. Any Services that do not meet this standard of care 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 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 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: Gilbert Sanchez Title: Risk and Safety Manager Address: 1201 Leopard St, 5th Floor, Corpus Christi, Texas 78401 Phone:361 .826.3937 Fax: IF TO CONTRACTOR: AMI Risk Consultants, Inc. Attn: Aguedo M. Ingco Title: President Address: 1336 SW 146th Ct., Miami, Florida 33184 Phone: 305.273.1589 Fax: 702.359.0926 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreement Standard Form Page 4 of 7 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. (C) In the event of termination, the City shall compensate the Contractor for all services actually rendered up to and including the effective date of the termination. 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 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. 26. Limitation of Liability. The total liability of any Party to this Agreement is limited and shall not include any liquidated, penalty, incidental or consequential damages of any kind. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 CONTRACTOR Signature: V Printed Name: Aquedo M. Incico Title: President Date: August 24, 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. 1764 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Attachment A - Scope of Work 1.1 Scope of Work A. Contractor shall clearly and precisely identify data to be provided by City under the terms of this Agreement. The City shall provide liability data and the third- party administrator shall provide Workers' Compensation data as requested by the actuary. Upon successful receipt of all such required data, Contractor shall perform the following services: 1 . Project the financial position as of September 30, 2019, September 30, 2020, September 30, 2021 , September 30, 2022, and September 30, 2023. The financial position is a comparison of estimated unpaid losses with funds earmarked to meet the self-insurance activity. The projection of the financial position shall consider: current funding, budgeted revenue to fiscal year-end, anticipated interest income, budgeted expenses paid to fiscal year-end and projected losses paid to fiscal year-end. 2. Contractor will recommend an overall funding level for fiscal years 2019-2020 through 2023-2024, calculated separately by fiscal year. The recommended funding reflects projected future losses, anticipated investment income, the financial position of the City's self-insurance activity and a reasonable provision for contingencies. If the self-insurance activity within either fund shows a positive fund balance, Contractor will outline a prudent plan to release the equity. If the self-insurance activity within either fund shows a deficit, Contractor will outline a long-term strategy to reduce the shortfall. 3. Contractor will discuss any observations that Contractor may have, including a review of claim frequency and claim severity patterns for the past five fiscal years. Significant differences from previous actuarial studies that Contractor had conducted, if any, will be identified and explained. Should there be a projected shortfall based on actuarial analysis, actuary will determine trend and provide report which identifies solutions. 4. Contractor will provide a statement affirming the conclusions in the actuarial study are consistent with the GASB Statement No. 10. 5. Contractor will provide two studies annually based on data valued as of March 31 and September 30 of each year. 6. A benchmark comparison of the City's Workers' Compensation experience with that of other Texas public entities. 7. Conference with the City twice a year to be specified by the City. The first conference shall be to review the draft of the actuarial report and the second conference shall be when the final report is completed. A formal presentation for various financial departments at the City to explain findings associated with the study shall be provided at the discretion of the City. 8. In performing services for the City under this Agreement, the Contractor is not acting as a fiduciary for the City and does not have a fiduciary or other enhanced duty to the City. B. Reporting. The Contractor shall perform services required herein and conduct a comprehensive annual actuarial analysis of the City's self-insured Workers' Compensation and Liability programs. The actuarial analysis shall commence during the month of November, with final completion by mid-February. Its conclusions and recommendations in a draft report within 30 calendar days after (1 ) authorization of the City to commence, unless an extension is granted in writing by the City, and (2) upon acknowledged receipt by the Contractor of complete and satisfactory statistical data. The draft report shall be consistent with GASB statement No. 10. The conclusions and recommendations shall be clear, concise, and easily understood by non-actuaries. The report shall include charts, graphs and other documentation sufficient to support all conclusions and recommendations. The Contractor shall be available for discussion or presentations regarding the draft report's conclusions and recommendations after submission of the draft report at the City's convenience. Based on any new facts ascertained, the Contractor shall revise the draft report and issue a final written report no later than 21 days after authorization by the City to commence, unless an extension is granted in writing by the City. Attachment B - Schedule of Pricing S Si ° CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION p lRfppp��RA RFP No. 1764 Actuarial Services for Risk Management PAGE 1 OF 1 DATE: July 31,2018 AMI Risk Consultants,Inc. PROPOSER AUTHdRIZEb SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. TOTAL PRICE ITEM DESCRIPTION QTY UNIT 1.0 Actuarial Services Year 1 1 Lump sum $12,000 2.0 Actuarial Services Year 2 1 Lump sum $12,000 3.0 Actuarial Services Year 3 1 Lump sum $12,000 4.0 Actuarial Services Year 4 1 Lump sum $12,000 5.0 Actuarial Services Year 5 1 Lump sum $12,000 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 Purchasing 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. 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 cancellation, non-renewal, material change or termination required on all certificates and policies. PROFESSIONAL LIABILITY $1 ,000,000.00 each claim $1 ,000,000.00 Each Policy Year Aggregate 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. 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. B. Contractor shall be required to submit renewal certificate 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 C. 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: • 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; • Professional liability policiy 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 Actuarial Services for Risk Management 06/20/2018 sw Risk Management Attachment D - Warranty No warranty is required under this agreement therefore Service Agreement Section 8 is hereby null and void. SC o� � v AGENDA MEMORANDUM N�ORPOBPI Future Item for the City Council Meeting of September 11, 2018 1852 Action Item for the City Council Meeting of September 18, 2018 DATE: August 31, 2018 TO: Keith Selman, Interim City Manager FROM: Arlene Medrano, Business Liaison — City Manager's Office ArleneM@cctexas.com (361) 826-3356 Month to Month Amendment to Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau CAPTION: Motion authorizing Amendment No. 1 to the Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau to extend the Agreement on a month-to-month basis until a new agreement can be reached. PURPOSE: The purpose of this item is to approve an Amendment to the Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau. BACKGROUND AND FINDINGS: On September 22, 2015, City Council approved a three-year Consulting Services agreement with the CCCVB for a period extending from October 1, 2015 to September 30, 2018. Per the City's Annual Audit Plan, the City Auditor is conducting a contract audit of the Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau (CCCVB). As a result, a new multi-year term agreement with the CCCVB is being postponed until said audit has been complete. The attached month-to-month extension of the Consulting Services agreement will maintain the current terms of the agreement. The FY19 budget has been adjusted to reflect the $336,960 advance that was received by the CCCVB in FY18. ALTERNATIVES: An alternative could be to allow the existing contract to expire, but that is not practical or recommended. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conforms EMERGENCY/ NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Project to Date Fiscal Year: Expenditures 2015-2015 (CIP only) Current Year Future Years TOTALS Line Item Budget $5,338,959 $5,256,024 $10,594,983 Encumbered / Expended Amount $5,338,959 0 $5,338,959 Up to Up to This item 0 $5,256,024 $5,256,024 BALANCE 0 0 0 Fund(s): Hotel Occupancy Tax Fund Comments: The Future Years number reflects the FY19 deduction of$336,960 which was advanced to the CVB in FY18. RECOMMENDATION: Staff recommends approval of the motion to approve this amendment to the Consulting Services Agreement with the Corpus Christi Convention and Visitors Bureau. LIST OF SUPPORTING DOCUMENTS: Agreement—2015-2018 CCCCVB Consulting Services Amendment to Agreement AMENDMENT NO. 1 TO AMENDED CONSULTING SERVICES AGREEMENT Whereas, on October 2, 2015, the City of Corpus Christi (the "City") and the Corpus Christi Convention and Visitors' Bureau (the "CVB") entered into an Amended Consulting Services Agreement (the "Agreement") ; Whereas, Section 10 of the Agreement provided for a termination date of September 30, 2018; Whereas, the City and the CVB would like to extend the Agreement on a month- to-month basis until a new agreement can be reached; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1) Section 10.01 of the Agreement is hereby amended to read as follows: "10.01. The term of the Agreement commences as of October 1, 2015 and continues until September 30, 2018, subject to termination as provided in this Agreement. Upon the expiration of the original term, this Agreement shall automatically renew on a month-to- month basis unless either party provides one month's prior written notice of nonrenewal to the other party. This Agreement shall automatically terminate if the parties enter into a new consulting services agreement." 2) Section 8.04 is hereby added to the Agreement to read as follows: "8.04. Deduction of Advance Paid in 2017: For the 2018-2019 fiscal year, the City shall deduct an amount equal to $336,960 from the payments of the Contract Amount. Such funds shall be used to reimburse the City for the funds that were advanced to the CCCVB in the 2017-2018 fiscal year to fund additional advertising that was required due to a storm event. To reach the total of $336,960, $28,080 shall be deducted from each monthly payment made between October 1, 2018 and September 30, 2019." 3) All other terms and conditions of the previously executed Agreement between the parties which are not inconsistent herewith shall continue in full force and effect. This Amendment becomes effective upon execution by all parties. [Signature page to follow] EXECUTED IN DUPLICATE ORIGINALS by the authorized representative of the parties. City of Corpus Christi Corp Christi Convention nd isitors' Bureau Samuel Keith Selman Paulette Kluge Interim City Manager Chief Executive Officer Date: Date: -` Attest; Rebecca Huerta City Secretary Approved as to Legal Form on of 20 Assistant City Attorney AMENDED CONSULTING SERVICES AGREEMENT BETWEEN CITY OF CORPUS CHRISTI AND CORPUS CHRISTI CONVENTION & VISITORS BUREAU This Amended Consulting Services Agreement is executed by and between the City of Corpus Christi, Texas, a municipal corporation ("City") and the Corpus Christi Convention & Visitors Bureau ("CCCVB"), a private, Texas nonprofit corporation organized for the purpose of promoting convention and visitor activity in the Corpus Christi Bay area. WHEREAS, the City desires to attract more visitors and conventioneers to Corpus Christi; WHEREAS, the City benefits directly by increased sales tax and hotel and motel occupancy tax income developed by visitors and conventioneers; WHEREAS, the City benefits indirectly through the economic activity of visitors and conventioneers who come to our City; and WHEREAS, CCCVB has professional personnel who are trained and experienced in the field of visitor and convention promotion, and the City desires to continue the professional promotion and advertising service through a contractual arrangement with CCCVB; NOW, THEREFORE, in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: 1. SCOPE OF SERVICES. 1.01. CCCVB shall perform the following services in a satisfactory and proper manner, as determined by the City Manager or the City Manager's designee. 1.02. The CCCVB shall, in accordance with the organization's mission, drive overnight visitors to the Corpus Christi area. Specific activities required include; (A)Lead attraction and support of meetings, conventions and tradeshows within Corpus Christi, including the following specific activities: a. solicit various organizations and associations to conduct meetings/ conventions/tradeshows within Corpus Christi year-round; b. utilize various advertisinglmarketing techniques to promote City of Corpus Christi as a desirable year-round meeting and convention destination; c. provide support services to meetings and conventions in Corpus Christi; d. focus efforts on the City's Convention Center; (B)promote the City of Corpus Christi as a year-round, leisure tourism destination; (C)design and implement an advertising campaign with state, national, and international coverage to feature the Corpus Christi area as an attractive region for tourism; Page 7 of i 1 (D)support for special events that will create overnight visitors; (E)maintain high quality, updated website and printed materials for visitors; (F) serve as main point of information for inquiries related to tourism and convention- related business in the Corpus Christi area; (G)operate visitor information center(s); (H)research and advise the City on projected growth of tourism and convention- related business to assist City planning efforts, including expanding segments of the industry, such as sports tourism, cultural tourism and nature tourism; (1) provide feedback to City, as requested, to facilitate policy decisions made in the interest of tourism promotion- (J) act as a liaison for the City in its relationships with the music and film industries; (K)perform all responsibilities of tourism and marketing; (L) perform additional duties as agreed upon by both parties which are consistent with the organization's mission statement. 2. APPROPRIATIONS AND AUDIT 2.01. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 2.02. CCCVB must maintain revenue provided under this Agreement in a separate account established for that purpose and may not commingle City funds with any other funds. 2.03. Expenditures exceeding the total budgeted amount must be paid from clearly identified funds of CCCVB. 2.04. Interest earned on funds contributed to CCCVB by the City must be clearly identified, credited, and reflected on the books as resulting from the investment of the funds and the interest earned must be available for CCCVB use within the convention and visitor fund account. 2.05. The parties agree that receipt of these funds creates a fiduciary duty of the CCCVB. 2.08. CCCVB shall provide an Independent audit for expenditures of funds allocated under this agreement for each year based on a fiscal year ending September 30. 2.07. Accounting records and the necessary independent audits must conform to the accounting standards as promulgated by the American Institute of Certified Public Accountants and to the requirements of applicable state law, so as to include a statement of support, revenues, expenses, and balance sheets for all funds. Page 2 of 11 2.08. Early reports of an independent audit of the CCCVB's expenditures and revenues during the previous fiscal year performed by a Certified Public Accountant under Generally Accepted Accounting Principles (GMP) must be submitted to the City Manager within ninety (90) days after the end of each fiscal year that this Agreement is in effect. 2.09. City shall have the right during each calendar year or fiscal year to authorize an audit of CCCVB'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. 3. RECORDS. 3.01. The books of account of the convention and visitor fund held by CCCVB must be maintained in a form approved by the City s Director of Finance, and must be available for inspection and copying by the Director, and the Director's duly authorized agents and representatives during regular business hours of CCCVB. Records must be maintained for at least 3 years after the expiration or termination of this agreement. 4. REPORTS. 4.01. Business Plan: By July 31 of each year the CCCVB shall provide City Manager with a Business/Marketing Plan that outlines the overall objectives of the CCCVB. The Plan must describe the plan of action for the upcoming year, including strategic markets, a line item budget; and significant initiatives. The Plan will be in a format similar to the City's Business Plan template. Opportunities to promote City-funded venues must be specifically identified and included in the plan. Other information necessary to describe the CCCVB's efforts must be included, as well. 4.02 Required Quarterly Reports; The CCCVB shall provide quarterly reports to the City on expenditures of Hotel Occupancy Tax ("HOT") funds, in accordance with Tax Code §351.101 (c). 4.03. Performance Reports: The CCCVB shall periodically report to the City Council on the activities and work accomplished. The CCCVB shall make any special presentations or prepare specific reports, if requested by the City Council, within 30 days of the request. 4.04. Annual Report. The CCCVB shall report annually on the outcomes of the performance measures presented in the Business/Marketing Plan for the previous year. The Annual Report is due within sixty (60) days after the end of each fiscal year while this Agreement is in effect. The Annual Audit referenced in Section 2 shall be ,provided promptly upon completion but in any event within ninety (90) days after the end of each fiscal year. 5. PERFORMANCE MEASURES. Page 3 of 11 5.01. The performance of the CCCVB under this Agreement is based on level of hotel occupancy tax earned. 5.02. CCCVB shall be deemed to have met its performance requirements for a particular fiscal year if the amount of the City's 7% portion of the hotel occupancy tax earned and received by City for that fiscal year meets or exceeds the minimum threshold of $6,200,000. 5.03. CCCVB's fiscal year runs from October 1 through September 30. 6. CONDUCT OF SERVICES 6.01. All of the Services provided by the CCCVB under this Agreement must be in conformity with the purposes foi which the HOT revenues may be expended as authorized in the laws of the State of Texas. 7. BOND. 7.01. The officers and employees of CCCVB designated to withdraw funds from the convention and visitor fund must be covered by a blanket fidelity bond in a penal sum of $100,000. The bond inusi be provided by CCCVB, issued by a corporate surety designating CCCVB as named insured, the City as an additional named insured, and in the form as to be approved by the vity Attorney. 8. COMPENSATION. 8.01. Hotel Occupancy Tax Share: The City agrees that for the convention and visitor services performed by CCCVB under this Agreement, the City shall pay CCCVB annually the sum of 44% of the City's 7% hotel occupancy tax receipts received by the City for the CCCVB's current fiscal year, but specifically excepting all hotel occupancy tax receipts received by the City thai are generated from any and all districts of the Schlitterbahn Beach Country project described in the Chapter 380 Economic Development Incentive Agreement Between the City of Corpus Christi, Texas and Upper Padre Partners, LP and North Padre Waterpark Holdings, LTD approved by the City Council by Resolution No. 029487 on May 22, 2012 ("Schlitterbahn"), divided into monthly payments described in Section 8.02. The amount to be paid to CCCVB is referred to in this Agreement as the Contract Amount. 8.02 HOT Trigger of Renegotiation: Should hotel/motel tax receipts received by the City for the twelve months ending March 31 in any year fall below $6,200,000, the Contract Amount for the following fiscal year may be renegotiated. Each of the above amounts must be calculated based upon the amount of City hotel/motel tax receipts received by the City, excluding the 'Lwo percent increase adopted in 1999 for convention center expansion and revenues authorized to clean and maintain public beaches by Chapters 156 and 351, Texas Tax Code. Page 4 of 11 8.03. Payment Schedule: During the term of this Agreement, the City shall pay to CCCVB a sum equal to one-twelfth of the annual amount payable to CCCVB for the convention and visitor services provided under this Agreement on or about the first of each month; provided however, the City Manager is authorized to alter the payment schedule to increase payments early in the year if the payments are justified by documentation provided by CCCVB. 9. BOARD OF DIRECTORS 9.01. The affairs of the CCCVB shall be governed by a board of directors ("Board"), which must be composed of thirteen (13) members selected directly by the City Council of the City. The members must be representatives of the following groups: 3 members from the hotel inaustry; 3 members from the attraction industry; 2 members from the restaurant industry; and 5 members from the community at large. 9.02 The Mayor and City Manager, or their designees, shall serve as ex-Officio advisory non-voting members of the Board. In addition, the Council will appoint a representative from the Port of CorpuS Christi .Authority, a representative from the Corpus Christi International Airport, and a representative from the Regional Transportation Authority to serve as ex-officio advisory non-voting members 9.03. Appointments to the Board will be for staggered, two-year terms. Current members of the Board may serve until their current terms expire. No person may serve as a voting member of the Board fora period longer than six years consecutively, unless the service is required by virtue of the person's position or title or to complete an unexpired term. 9.04. The CCCVi3 may make recommendations to the City Council for directors as directors' terms expire, but the CCCVB always shall nominate two (2) more individuals than the total number of positions available. The City Council will provide serious consideration to the Boafd's recommendations, but is not restricted to select members submitted by the CCCVB or any other group. 9.05. Unexcused absences from more than twenty five (25) percent of regularly scheduled meetings ouriag a terra Dear must result in an automatic vacancy, which vacancy must be promptit! reported to tyle City Council. An absence must be unexcused unless excused by the board for good cause no later than its next meeting after the absence. Any member, otherwise eligtole, may not be precluded from reappointment by reason of the au►ornabc vacancy. Page 5 or 11 9.06. CCCVB's Board of Directors may establish those standing committees it deems necessary. The Board is authorized to and must employ a PresidentlChief Executive Officer to exercise day to day management and administration of CCCVB. 9.07. The Board of Directors will operate under bylaws developed by the Board. Changes to the bylaws may be made only by a two-thirds vote of CCCVB's Board of Directors. No change in bylaws may be considered, which is inconsistent with any provision of this Agreement, The City Manager will be notified of any proposed changes to the bylaws at least two weeks prior to the adoption of the bylaws by the Board of Directors. 9.08. CCCVB agrees that meetingi of Ks board of d rectors must be open to the public, and the meetings may be closed only when the board determines that an executive session is necessary i-or tl to purpose. of discussing proprietary business. 9.09. The City and CCCVB agree tnat in no event may the City be liable for any contracts made by CCCVB with any person, firm, corporation, association, or governmental body. 9.10. The City and CCCVB agree that in no event may the City be liable for any damages, injuries, or losses charged to or adjuoged against CCCVB arising from its operations, or the use or maintenance of its facilities. 10. TERM AND TERMINAT ON 10.01. The term of the Agreement commences as of October 1, 2015 and continues until September 30, 2018, subject to termination as provided in this Agreement. 10.02. Either party may terminate this Agreement at any time for any reason by giving one year's prior written notice to ine other party. In the event the City cancels this Agreement upon one yaar's notice, the City assumes any obligations of the convention and visitor's fund with a «;rrn of IEus than one year and any other obligation approved In advance by the City Manciger The City reserves the right to terminate the contract without notice for cause. 11. MISCELLANEOL y 11.01. This Agreement replaces and supersedes all other contracts and understandings previously made between the City and CCCVB. 11.02. CCCVB specifically reserves the rigni to change its name as a corporate entity and do business under one or mo.e assumed names in compliance with the laws of the State of Texas. No Civ ;qe of r;,me or use of additional names may be deemed a modification of this Agree:-nent. 11.03. CCCVB sE-Fail corijily with ell applicable Federal, State, and local laws, rules and regulations in providing services under this agreement. Page 6 of 11 11.04. All notices, requests or other communications related to this Agreement must be made in writing and may be given by: (a) depositing same in the United States Mail, postage prepaid, certified, return receipt requested, addressed as set forth in this paragraph; or(b) delivering the same to the party to be notified. Notice given under (a) of the prior sentence are effective upon deposit In the United States mail. The notice addresses of the parties, until changed as provided in this Agreement, are as follows: City: City of Corpus Christi, Texas Attention: Ronald L. Olson, City Manager 1201 Leopard Street P.C Box 927, Corpus Christ, Texas 78469 CCCVB: Corp,is Christi Area Convention & Visitors Bureau Attention: Chiei Executive Officer 1201 Shoreiine Drive Corpus Christi, Texas 78401 11.05. If for any reason a,-iy sectics i, paragraph, subdivision, clause, phrase, word, or provision of this Agreer;er t is held Invalid or unconstitutional by final judgment of a court of competent jurisdiction. it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement, for It is the definite intent of the parties that every section, paragraph, subdivision, clause, phrase, word, or provision of this Agreement be given t�jil force and Effect for its purpose. 11.06. No amendments, modificabons, or other changes to this Agreement are valid or effective absent the writiEn agreement of the parties. This Agreement may be executed in one or more counterparts, each of which are deemed an original, and all of which constitute but one and the sanle irsstruJ- 11erlt. 11.07. It is understood and agreed that CCCVB may copyright, to the use and benefit of the City of Corpus Cnnsti, any material or document it deems appropriate and qualified for copyright and may administer the copyrights for ti- City during the term of this Agreement. 11.08. CCCVB agrees to comply with attached Exhibit A regarding insurance requirements. Executed on the dates indicated t)s low binding the respective parties as of the date of last signature. Page 7 of 11 CITY OF CORPUS CHRISTI, TEXAS CORPUS CHRISTI CONVENTION & VISITdY.RS BUREAU By: e. R402 A) y: Ronald I- Ison Paulette Kluge City Manager Chi f Etive cer Date: _ /40 40Zfj� Date: 77� t ATTEST: Rebecca Huerta City Secretary www as to ism q Assifnut Attorney For City Attomsy r'f mmu"Ott. SECMETAR Page 8 of 11 EXHIBIT A - INSURANCE REQUIREMENTS I. CCCVB'S LIABILITY INSURANCE A. CCCVB may not commence work under this agreement until all Insurance required in this Agreement has been obtained and the City has approved the insurance. CCCVB may not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. CCCVB must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following rno r mum coveracie by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy and a blanket waiver of subrogation is required on all applicable policies. PE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day written notice of cancellation, Bodily Injury and Property Damage Per non-renewal, termination, or materialoccurrence/aggregate JbQeAifi_Qat s 1,000,000 COMBINED SINGLE LIMIT COMMERCIAL GENEF'.AL LIA.BI'_ITY including: 1. Commercial Form . Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability PROFESSIONAL LIABILITY: Coverage 1 000.000 COMBINED SINGLE LIMIT provided must cover officers, directors, employees and agents, including 1. ERRORS and OMISSIONS In the event of accidents )f any kind, CCCVB must furnish the City's Risk Manager with copies of all reports of accidents within 10 dally of any accident. ll. ADDITIONAL REQUIREMENTS A. CCCVB's financial integrity is of interest to the City; therefore, subject to CCCVB's right to maintain reasonable deductibles in such amounts as approved by the City, CCCVB shall obtain and maintain in full force and effect for the duration of this Contract, and any extension of the Agreement, at CCCVB's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas a;id with an A.M. Best's rating of no less than A-VII. Page 9 of 11 B. The City is entitled, upon request and without expense, to receive copies of the policies, declarations pages, and a { endorsements to the policies, as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties to this Agreement or the underwriter of any such policies). CCCVB shall comply with any requests, and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. CCCVB shall pay any costs incurred resulting from the changes. All notices under this Exhibit must be given to City at the following address: City of Corpus Ci esti Attn: Risk Management P.Q. Box 9277 Corpus Christi, TAX 78465-9277 Fax#: (361) 826-4355 C. CCVB 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. Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, with respect to operations and activities of, or on behalf of, the named Insured performed under this Agreement with the City, with the exception of the workers' compensation and professional liability polices. 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. 3. Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancelia'Jort, non-renewal, or material change in coverage, and not less than ten 1,101 calendar clays advance writter, notice for nonpayment of premium. D. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, CCCVB shall provide a replacement Certificate of Insurance and applicable endorsements to City. T-te City shall have the option to suspend CCCVB's performance should there be a lapse in coverage at any time during this Agreement. Failure to provide and to maintain the required insurance constitutes a material breach of this contract. E. In addition to any other rerried-as the City may have upon CCCVB's failure to provide and maintain any insurance or policy endorsements to the extent and within the time required, the City hes the right to order CCCVB to stop work under this Agreement, and may withhold any payment that becomes due to CCCVB under this Agreement until Page 10 of 11 CCCVB demonstrates compliance with the requirements of this Exhibit. F. Nothing in this Exhibit may be construed as limiting In any way the extent to which CCCVB may be held responsible for payments of damages to persons or property resulting from CCCVB's or its subcontractors' performance of the work covered under this Agreement. G. It is agreed that CCCVB's Insurance is 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. H. It is understood and agreed that the insurance required by this Exhibit is in addition to and separate from ai Ey ocher obl;yacion contained in this contract. Page 11 of 11 SC G� 0 AGENDA MEMORANDUM "`°AP°a^'E0 Future Item for the City Council Meeting of September 11, 2018 1852 Action Item for the City Council Meeting of September 18, 2018 DATE: August 17, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo, Assistant City Manager FROM: Eddie Houlihan, Director of Management and Budget EddieHo@cctexas.com (361) 826-3792 Amendment to Financial Budgetary Policies CAPTION: Resolution amending Financial Budgetary Policies adopted by Resolution 031240 and providing financial policy direction on preparation of the annual budgets. PURPOSE: Section 7. "Funding level from General Fund for Street Maintenance" is being recommended for addition to the policy to specify calculation of funding levels for Street Maintenance Fund. There are also several housekeeping changes made throughout the document. BACKGROUNDAND FINDINGS: The financial budgetary policies being recommended for amendment are to Section 7 to address a funding level for the Street Maintenance Fund. It is being recommended to add verbiage to clarify the treatment of the revenue added to property tax and transferred to the Residential Street Reconstruction Fund. T h e recommendation is "Beginning in Fiscal Year 2018- 2019, the funding level will be 6% of General Fund revenue less grants, industrial district revenue and any property taxes passed through the General Fund and transferred to the Residential Street Reconstruction Fund or $10,818,730, whichever is greater". Alternatives: An alternative would be to leave the financial budgetary policies as they currently are written. Other Considerations: N/A CONFORMITY TO CITY POLICY: This item conforms to City policy. Emergency/Non-Emergency DEPARTMENTAL CLEARANCES: • Office of Management and Budget • Financial Services • Legal Financial Impact: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP Project to Date Exp. Current Future FISCAL YEAR: 2017 - 2018 (CIP Only) Year Years TOTALS Budget Encumbered/Expended amount of(date) This item BALANCE Fund(s): RECOMMENDATION: Staff recommends approval of the amendment as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Redline Resolution Clean Copy Presentation RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 03449931240 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life"; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution.No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; reaffirmed the Financial Policy in May 2005 by Resolution 026265; reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 02'683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; amended the policy in July 2011 by Resolution 029128; amended the policy in May 2012 by Resolution 029521; amended the policy in May 2013 by Resolution 029826; amended the policy in June 2013 by Resolution 029848; amended the policy in August 2014 by Resolution 030265; amended the policy in March 2016 by Resolution 030790; a+4 amended the policy in July 2017 by Resolution 031189; and amended the policy in Auqust 2017 by Resolution 031240. WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: 2 The Financial Budgetary Policies adopted by Resolution 03441240 are amended to read as follows: Section 1. Development 1 Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues Equal 1 Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. General Fund Balance I Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. In the Government Finance Officers Association's (GFOA) "Best Practice for Determining the Appropriate Level of Unrestricted Fund Balance in the General Fund (2015)", GFOA recommends, at a minimum, that general-purpose government, regardless of size, maintain an unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. Accordingly; it is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 25% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least two months of regular general fund operating expenditures up to 25% of total annual General Fund appropriations will be Resa ed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. GE)RtFaGtHal Obligat+GAS:tA- tttl�cxc�c-rArt th-At-eEXisting resources in the fund t h a t have been specifically committed for use in satisfying these contractual obligations will be reported as assigned fund balance. 3 Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund listed below, of three percent (3%) and a maximum of an additional two percent (2%), for a total of five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. This subsection only applies to the Information Technologies Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third-party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liabilty Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of twenty-five percent2( 5%) of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). This subsection only applies to Water, Wastewater, Gas, 4 Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay-as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 7. Funding Level from General Fund for Street Maintenance. City Council approved Resolution #029634 on September 18, 2012 to declare its intent to establish a street user fee for implementation in Fiscal Year 2013-2014. Section 4 of this resolution expressed an intent to preserve the funding level of the Street Department at the percentage of the Street Fund's budget in Fiscal Year 2012-2013 relative to the General Fund. Excluding a decrease in General Fund revenues, the percentage of the Street Fund's budget relative to the General Fund will neither go below that of Fiscal Year 2012-2013 nor go below the dollar equivalent if General Fund revenues increase. That funding level equates to 6.00% of General Fund revenue less grants from the annual adopted operating budget or $10,818,730, whichever is greater. Beginning in Fiscal Year 2015-2016, the funding level will be 6% of General Fund revenue less grants and industrial district revenue or$10,818,730, whichever is greater. Additionally, beginning in Fiscal Year 2015-2016, 5% of industrial district revenue will be transferred to the Street Maintenance Fund. Beginning in Fiscal Year 2018-2019, the funding level will be 6% of General Fund revenue less grants, industrial district revenue and any property taxes passed through the General Fund and transferred to the Residential Street Reconstruction Fund or$10,818,730, whichever is greater. Section 8. Funding Level from General Fund for Resid_o„*i2"1 ^^'l Street Gapita' IW,.,.-.,.,ement PF0j .+Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. For 3 years beginning in Fiscal Year 2014-2015, appropriate $1,000,000 each year from the uncommitted fund balance of the General Fund and transfer to the Residential,4esal Street Qapit4Reconstruction Fund. 5 2. Beginning in Fiscal Year 2015-2016, appropriate and transfer 5% of industrial district revenue to the Residential,4egal Street ,,g, tReconstruction Fund. 3. In Fiscal Year 2020-2021, transfer 1/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential/legal Street Gapit4Reconstruction Fund. 4. In Fiscal Year 2021-2022, transfer 2/3 of one percent of the General Fund revenue less grants and industrial district revenue to the ResidentialiLegat Street Reconstructi2nGap4c-4 Fund. 5. In Fiscal Year 2022-2023 and thereafter, transfer 1% of the General Fund revenue less grants and industrial district revenue to the Residential�Legat Street ReconstructionGap4c-4 Fund. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to contribute the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. In order to implement this goal, beginning in Fiscal Year 2015-2016, an additional 2% will be added to the City's contribution to TMRS each year until the actuarially determined fully funded rate is met. Section 10. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 11. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service, and special revenue funds of the City. Section 12. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 13. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the 6 General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 14. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section 15. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 16. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section 17. Capital Improvement Plans/Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long-range capital improvement plans. For the three-year short-term plan, projects include any projected incremental operating costs for programmed facilities. The long-range plan extends for an additional seven.years, for a complete plan that includes ten years. Short-term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay-as-you-go capital funding where possible. Section 18. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to.identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 19. Zero-Based Budgeting type of process. To prepare the City's operating budget, the City shall utilize . a Zero-Based Budgeting type of process. The staff shall be accountable for utilizing a Zero-Based Budgeting type of process comprehensively for all department budgets. Section 20. A State Hotel Occupancy Tax (HOT) Fund. A state HOT Fund was created for the Fiscal Year (FY) 2015-16 budget as a result of the Texas 84th Legislature's (2015) House Bill (HB)1915 that allowed Corpus Christi and three other Texas cities to retain 2% of the state hotel occupancy taxes collected by the cities to be reinvested for beach maintenance and restoration. The expenditures in this Fund shall not be used to offset expenditures for Gulf Beach maintenance currently paid for out of the local HOT Fund. The funding for Gulf Beach maintenance in the local HOT Fund shall not fall below the lesser of $1,825,088 or 15% of HOT revenue (not including the Convention Expansion portion) budgeted. This amount will be in addition to any expenditures budgeted for Gulf Beach Maintenance in the State HOT Fund. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of 8 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 RESOLUTION AMENDING FINANCIAL BUDGETARY POLICIES ADOPTED BY RESOLUTION 0331240 AND PROVIDING FINANCIAL POLICY DIRECTION ON PREPARATION OF THE ANNUAL BUDGETS. WHEREAS, the City of Corpus Christi has a commitment to citizens as expressed in its Mission Statement: "Provide exceptional service to enhance the quality of life"; and WHEREAS, financial resources are budgeted to fulfill this commitment; and WHEREAS, it has been the City's goal to rebuild the General Fund balance to acceptable levels, a goal which was expressly stated in past policies with targets for accomplishing that goal; and WHEREAS, the City Council adopted a Financial Policy in January 1997 by Resolution No. 022828, reaffirmed the Financial Policy in June 1997 by Resolution No. 022965, modified the Financial Policy in July 1997 by Resolution No. 022992, adopted a new Financial Policy in May 1998 by Resolution No. 023319; reaffirmed the Financial Policy in May 1999 by Resolution.No. 023657; reaffirmed the Financial Policy in May 2000 by Resolution No. 024044; reaffirmed the Financial Policy in May 2001 by Resolution No. 024455; reaffirmed the Financial Policy in May 2002 by Resolution No. 024863; reaffirmed the Financial Policy in April 2003 by Resolution No. 025280; reaffirmed the Financial Policy in April 2004 by Resolution No. 025737; reaffirmed the Financial Policy in May 2005 by Resolution 026265; reaffirmed the Financial Policy in January 2006 by Resolution 026605; amended the Financial Policy in April 2008 by Resolution 02'683; amended the Financial Policy in May 2009 by Resolution 028176; amended the policy in May 2010 by Resolution 028609; amended the policy in July 2011 by Resolution 029128; amended the policy in May 2012 by Resolution 029521; amended the policy in May 2013 by Resolution 029826; amended the policy in June 2013 by Resolution 029848; amended the policy in August 2014 by Resolution 030265; amended the policy in March 2016 by Resolution 030790; amended the policy in July 2017 by Resolution 031189; and amended the policy in August 2017 by Resolution 031240. WHEREAS, as a result of those policies, the City achieved its previous goal for the General Fund balance and desires now to articulate a new strategy to maintain a revised General fund balance and to utilize any surplus balance to provide for enhanced financial stability in future years, and also desires to establish similar goals for fund balances of the Internal Service Funds, Enterprise Funds, the Combined Utility Reserve Fund, and Debt Service Reserve Funds; and WHEREAS, this policy provides an essential guide to direct financial planning and to maintain and strengthen the City's bond rating; and WHEREAS, it has been the City's practice to reaffirm its financial policy or to adopt new or modified policy annually in conjunction with preparation of the budget. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: 2 The Financial Budgetary Policies adopted by Resolution 031240 are amended to read as follows: Section 1. Development I Effective Date of Financial Budgetary Policy. This Financial Budgetary Policy reaffirms and amends the financial policies adopted each year by the City Council since 1997. The City Manager is directed to prepare each annual proposed budget in accordance with this policy. The City Council is prepared to make expenditure reductions that may be necessary to comply with this policy. This Financial Budgetary policy remains in effect and applies to future annual budget preparation processes until amended by City Council resolution. Section 2. Current Revenues Equal 1 Exceed Current Expenditures. Current General Fund operating revenues will equal or exceed current budgeted expenditures. Section 3. General Fund Balance 1 Working Capital. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, adequate financial resources will be set aside in the General Fund unassigned fund balance. In the Government Finance Officers Association's (GFOA) "Best Practice for Determining the Appropriate Level of Unrestricted Fund Balance in the General Fund (2015)", GFOA recommends, at a minimum, that general-purpose government, regardless of size, maintain an unrestricted budgetary fund balance in their general fund of no less than two months of regular general fund operating revenues or regular general fund operating expenditures. Accordingly; it is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 25% of total annual General Fund appropriations, exclusive of any one-time appropriations. At the end of the fiscal year, upon completion of the Comprehensive Annual Financial Report, the amount calculated to be at least two months of regular general fund operating expenditures up to 25% of total annual General Fund appropriations will be Reseed for Major Contingencies, and set up in a separate account. The City Manager shall report on the status of compliance with this policy at least annually as part of the budget process. Uncommitted fund balance in excess of the policy requirement may be recommended for expenditure by the City Manager. Such expenditures shall be subject to the normal appropriations and expenditure approval process applicable to all other funds. Finally, it is noted that extraordinary situations may arise in which the timing of external actions out of the City's control may require the use of the unassigned fund balance. The City Manager shall note these situations to the City Council as soon as the information is known. Amounts that can be used for specific purposes pursuant to constraints imposed by formal action of the City Council will be reported as committed fund balance. Those committed amounts cannot be used for any other purpose unless the City Council removes or changes the specified use by taking the same type of action it employed to previously commit those amounts. Existing resources in the fund t h a t have been specifically committed for use in satisfying contractual obligations will be reported as assigned fund balance. 3 Section 4. Other Committed Fund Balances. 4.1 Internal Service Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain a reserve in each Internal Service Fund, listed below, of three percent (3%) and a maximum of an additional two percent (2%), for a total of five percent (5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. This subsection only applies to the Information Technologies Internal Service Fund; Stores Internal Service Fund; Engineering Services Internal Service Fund; Fleet Maintenance Internal Service Fund; and Facilities Maintenance Internal Services Fund. 4.2 Group Health Plans. It is a goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study in the event the plan ceases or a change in the third-party administrator is made; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at 110% of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is a goal of the City to maintain a fund balance in the General Liability Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; (2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average incurred costs of claims experience over the prior five-year period; and (3) to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25% of the cost for purchased insurance over the prior year. 4.4 Worker's Compensation Fund. It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (1) to fund long-term liabilities, incurred but not reported expenses (IBNR), and a risk margin for the adverse development of claims as determined by the actuarial recommendation and reflected in the Comprehensive Annual Financial Report; and (2) to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25% of the average of incurred costs of claims experience over the prior five-year period. 4.5 Enterprise Funds. To ensure that current and future services or operations are not severely impacted by any economic slowdowns, emergencies, natural disasters or other unforeseen circumstances, it is the goal of the City Council to build and maintain an unreserved fund balance in each of the Enterprise Funds of amaximum of twenty-five percent (25%) of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). This subsection only applies to Water, Wastewater, Gas, 4 Stormwater, Airport, and Marina fund balances. 4.6 Debt Service Reserve Fund. The City will strive to maintain a debt service fund balance for bonds, certificates of obligation, tax notes, and other debt instruments of at least two percent (2%) of the annual debt service appropriation(s) for the fiscal year; provided, however, this requirement shall comply with the provision of Treasury Regulation 1.148-2(f) which limits the amount of reserve funds that may secure the payment of debt service on bonds. Section 5. Liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability. For financial reporting purposes, the City will record liabilities for Other Post-Employment Benefits, Accrued Compensated Absences and Net Pension Liability according to guidance of the Governmental Accounting Standards Board. These liabilities will be funded on a pay-as-you-go basis, and thus will not be included in the minimum fund balances of the affected funds. Section 6. Property Tax Rate for Operations and Maintenance. Each proposed annual budget shall be prepared assuming that the City will be adopting a tax rate necessary to be in compliance with Section 2 above. Full consideration will be given to achieving the "effective tax rate" for maintenance and operations when assessed property values decrease, and full consideration will be giving to maintaining the current tax rate when assessed properties values increase, as long as the tax rate does not exceed the "rollback" rate (which is the rate that allows the City to raise the same amount of maintenance and operation revenue raised in the prior year with an 8% increase.) Section 7. Funding Level from General Fund for Street Maintenance. City Council approved Resolution #029634 on September 18, 2012 to declare its intent to establish a street user fee for implementation in Fiscal Year 2013-2014. Section 4 of this resolution expressed an intent to preserve the funding level of the Street Department at the percentage of the Street Fund's budget in Fiscal Year 2012-2013 relative to the General Fund. Excluding a decrease in General Fund revenues, the percentage of the Street Fund's budget relative to the General Fund will neither go below that of Fiscal Year 2012-2013 nor go below the dollar equivalent if General Fund revenues increase. That funding level equates to 6.00% of General Fund revenue less grants from the annual adopted operating budget or $10,818,730, whichever is greater. Beginning in Fiscal Year 2015-2016, the funding level will be 6% of General Fund revenue less grants and industrial district revenue or$10,818,730, whichever is greater. Additionally, beginning in Fiscal Year 2015-2016, 5% of industrial district revenue will be transferred to the Street Maintenance Fund. Beginning in Fiscal Year 2018-2019, the funding level will be 6% of General Fund revenue less grants, industrial district revenue and any property taxes passed through the General Fund and transferred to the Residential Street Reconstruction Fund or$10,818,730, whichever is greater. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. In order to develop a long-term funding mechanism for capital improvements related to residential/local streets, implement the following: 1. For 3 years beginning in Fiscal Year 2014-2015, appropriate $1,000,000 each year from the uncommitted fund balance of the General Fund and transfer to the Residential Street Reconstruction Fund. 5 2. Beginning in Fiscal Year 2015-2016, appropriate and transfer 5% of industrial district revenue to the Residential Street Reconstruction Fund. 3. In Fiscal Year 2020-2021, transfer 1/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential Street Reconstruction Fund. 4. In Fiscal Year 2021-2022, transfer 2/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential Street Reconstruction Fund. 5. In Fiscal Year 2022-2023 and thereafter, transfer 1% of the General Fund revenue less grants and industrial district revenue to the Residential Street Reconstruction Fund. Section 9. Funding of Texas Municipal Retirement System (TMRS) Contributions. It is a goal of the City Council to contribute the fully funded contribution rate to TMRS to fund the general City employees' and sworn police officers' pension. In order to implement this goal, beginning in Fiscal Year 2015-2016, an additional 2% will be added to the City's contribution to TMRS each year until the actuarially determined fully funded rate is met. Section 10. Priority of City Services. The City Council recognizes the need to provide public services which support the continued growth of the local economy and personal income growth to insure an adequate financial base for the future. Section 11. Operating Contingencies. The City Manager is directed to budget at least $200,000 per year as an operating contingency as part of General Fund expenditures in order to further insulate the General Fund unreserved fund balance from unforeseen circumstances. The City Manager is directed to budget similar operating contingencies as expenditures in enterprise, internal service, and special revenue funds of the City. Section 12. Multi-year Budget Model. Whereas many of the City's fiscal goals require commitment and discipline beyond the one year considered within the City's fiscal year, the City will also consider adoption of business plans necessary for the accomplishment of City short term or long term goals. These business plans will be presented and recommended to the City Council in the proposed annual operating budget and shall be used for development of future budget recommendations as necessary to accomplish these goals. The City shall also maintain business plans and/or rate models for enterprise operations. Preparation of the annual budget will include model for years two and three, with specific revenue and expenditure assumptions and with respect to the debt horizon. Section 13. Cost Recovery. The City may recover costs in the General Fund by charging other funds for administrative costs incurred to support their operations. The City shall attempt to pursue and maintain a diversified and stable revenue stream for the 6 General Fund in order to shelter finances from short term fluctuations in any one revenue source. In order to meet the requirements outlined herein, every effort will be made to base rates on a cost of service model, so costs incurred for certain services are paid by the population benefiting from such services. Section 14. Quarterly Financial Reporting and Monitoring. The City Manager shall provide interim financial performance reports and updates to the City Council on a quarterly basis. These interim reports must include detailed year to date revenue and expenditure estimates, as well as explanations for major variances to budget. The format of the quarterly report must be relatively consistent with the adopted budget. Section 15. Use of Nonrecurring Revenue. The City shall endeavor to use nonrecurring revenue to fund one-time expenditures. Nonrecurring revenue may include items such as sale of fixed assets, court settlements, or revenue collection windfalls. Section 16. Debt Management. The City Manager shall adhere to the Debt Management Policy adopted by Resolution 028902 on December 14, 2010, and reaffirmed by Resolution 029321 on December 13, 2011. Section 17. Capital Improvement Plans/Funding. The annual Capital Improvement Plan shall follow the same cycle as the Operating Budget. As part of the annual capital budget process, the City shall update its short and long- range capital improvement plans. For the three-year short-term plan, projects include any projected incremental operating costs for programmed facilities. The long-range plan extends for an additional seven.years, for a complete plan that includes ten years. Short-term plan projects must be fully funded, with corresponding resources identified. As part of a concerted effort to reduce debt levels and improve financial flexibility, the City shall pursue pay-as-you-go capital funding where possible. Section 18. Expenditures. Within the limitation of public service needs, statutory requirements and contractual commitments expenditures included in the operating budget shall represent the most cost-efficient method to deliver services to the citizens of Corpus Christi. Efforts to. identify the most cost-efficient method of service delivery shall continue during the fiscal year after the operating budget is adopted and may be implemented during the fiscal year as necessary and of benefit to the public. Section 19. Zero-Based Budgeting type of process. To prepare the City's operating budget, the Cityshall utilize . a Zero-Based Budgeting type of process. The staff shall be accountable for utilizing a Zero-Based Budgeting type of process comprehensively for all department budgets. Section 20. A State Hotel Occupancy Tax (HOT) Fund. A state HOT Fund was created for the Fiscal Year (FY) 2015-16 budget as a result of the Texas 84th Legislature's (2015) House Bill (HB)1915 that allowed Corpus Christi and three other Texas cities to retain 2% of the state hotel occupancy taxes collected by the cities to be reinvested for beach maintenance and restoration. The expenditures in this Fund shall not be used to offset expenditures for Gulf Beach maintenance currently paid for out of the local HOT Fund. The funding for Gulf Beach maintenance in the local HOT Fund shall not fall below the lesser of $1,825,088 or 15% of HOT revenue (not including the Convention Expansion portion) budgeted. This amount will be in addition to any expenditures budgeted for Gulf Beach Maintenance in the State HOT Fund. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of 8 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 ------------------------------------------------------------------------------------------ 0 ------------------------------------------------------------------------------------------ FINANCIAL POLICIES September ii , 2018 GENERAL FUND ------------------------------------------------------------------------------------------------------------ (D ------------------------------------------------------------------------------------------------------------ Section 3. General Fund Balance/Working Capital. It is the goal of the City Council to build and maintain a reserve in the General Fund unassigned fund balance which totals at least two months (or approximately 17%) of regular general fund operating expenditures up to 25% of total annual General Fund appropriations. T.52 INTERNAL SERVICE FUNDS ---------------------------------------------------------------------------------------------------------- 0 ---------------------------------------------------------------------------------------------------------- Section 4. Other Committed Fund Balances 4.1 Internal Service Funds. It is the goal of the City to build and maintain a reserve in each Internal Service Fund listed below of three percent (3%),and a maximum of an additional two percent(2%),for a total of five percent(5%) of the annual Internal Service Fund appropriations, exclusive of any one-time appropriations. This subsection only applies to the Information Technologies, Stores, Engineering Services, Fleet Maintenance,and Facilities Maintenance Funds. 4.2 Group Health Plans. It is the goal of the City to maintain a fund balance in the group health plans to (1) pay any associated administrative costs and claims run-out based upon the most recent actuarial study; and to (2) cover any differences between revenues budgeted to cover projected claims expense for the fiscal year and the attachment point calculated at iio%of projected claims expense as a catastrophic reserve. 4.3 General Liability Fund. It is the goal of the City to maintain a fund balance in the General Liability Fund(1) to fund long-term liabilities,incurred but not reported expenses (IBNR) and a risk margin for the adverse development of claims as determined by the actuarial recommendations and 2) to provide additional protection against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25%of the average incurred costs of claims experience over the prior five-year period; and(3)to protect against significant cost increases in the fiscal year for purchased insurance coverage premiums equaling 25%of the cost for purchased insurance over the prior year. 4.4 Workers'Compensation Fund.It is a goal of the City to maintain a fund balance in the Worker's Compensation Fund (i)to fund long-term liabilities,incurred but not reported expenses(IBNR)and a risk margin for the adverse development of claims as determined by the actuarial recommendations and(2)to protect against significant unexpected claims experience in the fiscal year as a catastrophic reserve equaling 25%of the average of incurred costs of claims experience over the prior f year period. o t;{e� -,r.^. v �asz ENTERPRISE FUNDS ---------------------------------------------------------------------------------------------------------- (D ---------------------------------------------------------------------------------------------------------- Section 4.5 Enterprise Funds. It is the goal of the City to build and maintain an unreserved fund balance in each of the Enterprise Funds of a maximum of twenty- five percent (25%) of the annual Enterprise Fund appropriations, exclusive of debt service and any one-time appropriations, and anything over that amount shall be designated for specific purpose(s). This subsection only applies to Water, Wastewater, Gas, Stormwater, Airport, and Marina fund balances. STREET FUNDS ------------------------------------------------------------------------ ---------------------------- 0 ---------------------------------------------------------------------------------------------------------- Section 7. Funding Level from General Fund for Street Maintenance. 6.00%of General Fund revenue less grants from the annual adopted operating budget or $1o,818,73o, whichever is greater. Beginning in Fiscal Year 2015-2o16, the funding level will be 6% of General Fund revenue less grants and industrial district revenue or $1o,818,73o, whichever is greater. Additionally, beginning in Fiscal Year 2015-2o16, 5% of industrial district revenue will be transferred to the Street Maintenance Fund. Proposed Additions: Beginning in Fiscal Year 2018-2019, the funding level will be 6% of General Fund revenue less grants, industrial district revenue and any property taxes passed through the General Fund and transferred to the Residential Street Reconstruction Fund or$1o,818,730,whichever is greater. Section 8. Funding Level from General Fund for Residential Street Reconstruction Fund. 1. For 3 years beginning in Fiscal Year 2014-2015, appropriate $1,000,000 each year from the uncommitted fund balance of the General Fund and transfer to the Residential Street Reconstruction Fund. 2. Beginning in Fiscal Year 2015-2016, appropriate and transfer 5% of industrial district revenue to the Residential Street Reconstruction Fund. 3. In Fiscal Year 2020-2021, transfer 1/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential Street Reconstruction Fund. 4. In Fiscal Year 2021-2022, transfer 2/3 of one percent of the General Fund revenue less grants and industrial district revenue to the Residential Street Reconstruction Fund. 5. In Fiscal Year 2022-2023 and thereafter, transfer 1% of the General Fund revenue less grants and industrial district revenue to the Residential Street Reconstruction Fund. OTHER ITEMS INCLUDED IN FINANCIAL POLICY ---------------------------------------------------------------------------------------------------------- 0 ---------------------------------------------------------------------------------------------------------- • Development/Effective Date of Financial Budgetary Policy • Property Tax Rate for Operations and Maintenance • Funding of Texas Municipal Retirement System (TMRS) Contributions • Operating Contingencies • Debt Management • Capital Improvement Plans/Funding • Expenditures • State Hotel Occupancy Tax (HOT) Fund �S 1852 SC 00 v ✓Cnflpas I AGENDA MEMORANDUM 1852 Future Agenda Item for the City Council Meeting of September 11, 2018 Action Agenda Item for the City Council Meeting of September 18, 2018 DATE: 8/21/2018 TO: Keith Selman, Interim City Manager FROM: E. Jay Ellington, Director of Parks and Recreation JayEll(c�cctexas.com (361)826-3464 Fiscal Year 2018-2019 Parks & Recreation Fee Schedule CAPTION: Resolution approving Parks and Recreation fees for fiscal year 2018-2019. PURPOSE: Approve Parks & Recreation rental and recreational use fees for FY18-19. BACKGROUND AND FINDINGS: As per the amendment to the City Code Sections 36-3 and 36-7, regarding annual review of Parks & Recreation fee adjustments effective March 27, 2018, the Director of the department must submit annually the rental and recreational fee schedule for review and approval by the City Council. All proposed fees have been included in the FY18-19 proposed budget and will be effective October 1, 2018. Fees not specifically listed on Exhibit A but which were previously authorized by City Council continue in effect through December 2018. Due to the short time frame between the approval of the FY17-18 and FY18-19 Fee Schedules, the format for the fee schedule was not changed. Future presented fee schedules will be modified to reflect a consolidated fee structure. Athletics, Aquatics and Recreation Centers have new fees. Fee increases are needed to continue to provide services at their optimum level and to allow us to provide self-support to off-set operating costs. ALTERNATIVES: Do not approve resolution. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: City Council must approve the schedule of fees for the Parks & Recreation Department annually. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTALCLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Project to Date Fiscal Year: 2018- Expenditures 2019 CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): General Fund Comments: RECOMMENDATION: Approve the proposed resolution. LIST OF SUPPORTING DOCUMENTS: Resolution FY19 Parks & Recreation Fee Schedule Resolution approving Parks and Recreation Fees for fiscal year 2018- 2019. Whereas, Section 36-3 and 36-7 of the Code of Ordinances requires City Council review and approval, annually, of the list of parks and recreation department fees; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council approves rental rates and recreation fees for parks and recreation department recreational use fees as shown in Exhibit A attached, for Fiscal Year 2018-2019. Fees not specifically listed on Exhibit A but which were previously authorized by City Council continue in effect through December 2018. Section 2. This resolution is effective October 1 , 2018. Section 3. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. Section 4. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase, word or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit %increase Section 1.ATHLETICS A. Adult Athletic Events: Includes awards and officials. Volleyball-Regular Season, 1 referee Recreational League Basketball, Softball, Flag Football,etc. $ 450.00 $ 450.00 perteam 0.0% B. Youth Athletic Events: Includes awards,and medical insurance. Middle school and High School girls Volleyball-regular season $ 350.00 $ 350.00 per team per season 0.0% Mini Sports-ages 3-5 yr old (Mini Dribblers, Kickball, Blastball, Indoor Soccer) $ 50.00 per child NEW Late registration fee $ 25.00 per child NEW Basketball Regular Season Athletics age 6 to 18 $ 70.00 $ 80.00 per child 14.3% Scholarship 1st child $ 35.00 $ 40.00 per child 14.3% Scholarship each additional child $ 30.00 $ 35.00 per child 16.7% Late registration fee $ 25.00 $ 25.00 per child 0.0% High School Varsity Bos&Girls Basketball League $ 350.00 $ 375.00 per team 7.1% City Basketball registration fees may be adjusted based on the cost to the City for gymnasium rentals. No post season tournament Girls Fast pitch Regular Season,w/ la off $ 350.00 $ 375.00 per team per season 7.1% Late registration fee $ 25.00 $ 25.00 per team per season 0.0% Youth Baseball Summer season,with top 50%in each division playoffs $ 525.00 $ 550.00 per team per season 4.8% Late registration fee $ 25.00 $ 25.00 per team per season 0.0% Fall season $ 300.00 $ 550.00 per team per season 83.3% C. Tournament Events Basketball $ 150.00 $ 175.00 per team 16.7% Basketball-Multiple teams $ 125.00 $ 150.00 per team 20.0% Baseball-18&u $ 375.00 $ 400.00 per team 6.7% Baseball-16&u $ 375.00 $ 400.00 per team 6.7% Baseball-14&u $ 300.00 $ 325.00 per team 8.3% Baseball-12&u $ 250.00 $ 275.00 per team 10.0% Baseball-10&u $ 200.00 $ 225.00 per team 12.5% D. Athletic Field Rentals Dick Runyan/Paul Jones Youth Rental fee per field $ 50.00 $ 40.00 per hour -20.0% Youth Baseball Field Tournament Rental Fee $ 350.00 $ 250.00 per field per da -28.6% Adult Rental fee per field $ 75.00 $ 50.00 per hour -33.3% Adult Tournament/Camp Rentals fee per da $ 50.00 $ 50.00 per hr per field 0.0% Adult Tournament/Camp Rentals fee per da $ 350.00 $ 250.00 per field per da -28.6% Staff Utility and Building Fee $ 20.00 $ 25.00 per hour,when lights are used 25.0% Greenwood Softball Complex Youth Rental fee per field $ 40.00 $ 40.00 per hour 0.0% Adult Rental fee per field $ 50.00 $ 50.00 per hour 0.0% Youth/Adult Tournament Rentals fee $ 250.00 $ 250.00 per day per field 0.0% Multiple teams rental fee with more than 40 teams $ 150.00 $ 200.00 per day per field 33.3% Multiple teams/multiple tourney rental fee with more than 40 teams $ 200.00 $ 150.00 per day per field -25.0% Security Deposit-Non Refundable $ 50.00 $ 50.00 per rental 0.0% Staff Utility and Building Fee $ 20.00 1 $ 25.00 1per hour,when lights are used 25.0% Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit %increase Salinas Multipurpose Complex Pavilion Rental $ 120.00 $ 120.00 per 4 hours 0.0% Youth Rental fee per field $ 40.00 $ 40.00 per hour 0.0% Adult Rental fee per field $ 50.00 $ 50.00 per hour 0.0% Football Youth/Adult Tournament Rentals fee less than 40 teams $ 250.00 $ 250.00 per day per field 0.0% Soccer Youth/Adult Tournament Rentals fee less than 40 teams $ 250.00 $ 250.00 per day per field 0.0% Multiple teams/multiple tourney rental fee with more than 40 teams $ 150.00 $ 150.00 per day per field 0.0% Multiple teams rental fee with more than 40 teams $ 200.00 $ 200.00 per day per field 0.0% Staff Utility and Building Fee $ 20.00 $ 25.00 per hour,when lights are used 25.0% E. Gymnasiums Rentals 4 hrs or more Hourly Rate $ 40.00 $ 40.00 per hour 0.0% Security Deposit per gym $ 50.00 $ 50.00 per rental,per gym 0.0% Staff Utility and Building Fee $ 75.00 $ 75.00 per rental 0.0% F. Court practice Ben Garza Gym Hourly rate $ 40.00 $ 40.00 per hour 0.0% Corpus Christi Gym Hourly rate $ 40.00 $ 40.00 per hour 0.0% G. Court Rental @ Outdoor Facilities(Tennis&Basketball Courts) Full Court $ 25.00 $ 25.00 per hour/3 hour Min. 0.0% Security Deposit Rental $ 50.00 $ 50.00 per rental 0.0% H. Youth Sports Cams Instructor/Citportions) Volleyball $ 65.00 $ 70.00 per child 7.7% Football $ 65.00 $ 70.00 per child 7.7% Basketball $ 65.00 $ 70.00 per child 7.7% Soccer $ 65.00 $ 70.00 per child 7.7% Nina $ 65.00 $ 70.00 per child 7.7% Baseball $ 65.00 $ 70.00 per child 7.7% Speed&Agility $ 65.00 $ 70.00 per child 7.7% Cheer $ 65.00 $ 70.00 per child 7.7% Sports&Splash(M-F; 9-4pm) $ 100.00 $ 100.00 per child 0.0% I. Athletics class fees lit Instructor/Cit split) Section 2.AQUATICS A. General Admission Youth 17&under $ 1.25 $ 2.00 each 60.0% Adults 18-59 $ 4.00 $ 5.00 each 25.0% Seniors 60&over allpools) $ 3.00 $ 4.00 each 33.3% Doggie Dip $ 6.00 $ 8.00 per dog&owner 33.3% B. Punch Card(11 admissions) Youth $ 20.00 $ 25.00 each 25.0% Adult $ 40.00 $ 45.00 each 12.5% Senior $ 25.00 $ 30.00 each 20.0% Annual Swim Passes Youth $ 200.00 $ 225.00 each 12.5% Adult $ 375.00 $ 435.00 each 16.0% Senior $ 300.00 $ 335.00 each 11.7% Seasonal Swim Passes(Spring, Summer&Fall*) Youth $ 75.00 $ 90.00 each 20.0% Adult $ 200.00 $ 230.00 each 15.0% Senior $ 175.00 $ 210.00 each 20.0% Family minimum of 4 members $ 300.00 $ 345.00 each 15.0% 2 Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 unit %increase U.S. Swim Team Member(per season-short&long course) Youth $ 125.00 $ 150.00 each 20.0% Adult $ 175.00 $ 200.00 each 14.3% Spring:January 1 to April 30 Summer: May 1 to August 31 Fall: September 1 to December 31 C. City Swim Leagues City TAAF Swim League $ 60.00 $ 60.00 each 0.0% City TAAF Scholarship fee per session per child $ 30.00 $ 30.00 each 0.0% TAAF Regional Swim Meet $ 10.00 $ 10.00 each 0.0% TAAF Regional Swim Meet(relay) $ 20.00 $ 20.00 each 0.0% City Championship Swim Meet $ 5.00 $ 5.00 each 0.0% City Championship Swim Meet(relay) $ 20.00 $ 20.00 each 0.0% TAAF State Swim Meet Entries fee is set by TAAF D. Visiting Leagues Red&Green league $ 5.00 $ 5.00 each 0.0% Blue&Gold league $ 5.00 $ 5.00 each 0.0% E. Family Night Swim Five person family $ 8.00 $ 10.00 Per family 25.0% F. Splash Parties-2 hours All Pools 1 -: Number ofpersons) $ 300.00 $ 350.00 per party 16.7% additional 1 -50 people $ 50.00 $ 60.00 per party 20.0% during General Swim (up to 25 people) $ 150.00 $ 175.00 per party 16.7% G. Swimming Pool Reservation Agreement Fees(swim teams/instruction) Lane rental 25 and/meters per lane per hour $ 6.00 $ 7.00 per lane per hour 16.7% 25 and/meters pool per hour $ 45.00 $ 55.00 per hour 22.2% 50 meters per lane per hour $ 12.00 $ 15.00 per lane per hour 25.0% 50 meters pool per hour $ 90.00 $ 100.00 per hour 11.1% H. Special Usage Fee(training room $ 35.00 $ 50.00 per event 42.9% I. Deposit refundable cleanup deposit) $ 275.00 $ 300.00 per event 9.1% J. Additional City Staff(fees do not include set up or additional lifeguards) Facility set u $ 55.00 $ 100.00 per event 81.8% Lifeguards $ 20.00 $ 25.00 per staff 25.0% Computer Operator $ 20.00 $ 25.00 per staff 25.0% Timing Operator $ 20.00 $ 25.00 per staff 25.0% Laptop usage fee for swim meets $ 175.00 $ 200.00 per event 14.3% K. One Timing System (for out-of-city teams) One da $ 450.00 $ 450.00 per rental 0.0% Two days $ 650.00 $ 650.00 per rental 0.0% Three days $ 850.00 $ 850.00 per rental 0.0% L. Two Timing Systems(for out-of-city teams) One da $ 575.00 $ 575.00 per rental 0.0% Two days $ 800.00 $ 800.00 per rental 0.0% Three days $ 950.00 $ 950.00 per rental 0.0% M. Swimming Pool Instruction Fees Swim lessons $ 42.00 $ 50.00 per session per child 19.0% Special Needs Aquatics $ 50.00 per session per child NEW Private swim lesson'4-pack' $ 80.00 $ 100.00 per session per child 25.0% Scholarship fee $ 37.00 $ 50.00 per session per child 1 35.1% Water Aerobics/Aqua Fit 1 $ 5.00 1 $ 6.00 per person 20.0% Water Aerobics/Aqua Fit punch card 1 $ 25.00 $ 30.00 per person 20.0% 3 Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit %increase Red Cross Classes Jr. Lifeguard Camp $ 75.00 $ 75.00 per person 0.0% Red Cross CPR/First Aid/AED Certification Class $ 65.00 $ 65.00 per person 0.0% Lifeguard Certification Classes $ 175.00 $ 200.00 per person 14.3% Lifeguard Re-Certification Course $ 50.00 $ 50.00 per person 0.0% Water Safety Instruction Training $ 185.00 $ 200.00 per person 8.1% Lifeguard Instructor Training $ 200.00 $ 200.00 per person 0.0% Section 3. RECREATION CENTER RENTALS Facility rental fees below include staff supervision and cleanup Staff Utility and Building Fee $ 80.00 $ 125.00 Per rental,non-refundable 56.3% Additional hour rate for all facilities $ 55.00 $ 75.00 Per hour 36.4% Deposit for all facilities $ 150.00 $ 150.00 Per rental,refundable 0.0% Non-Profit Organizations 501(C)(3)or other community organizations $ 55.00 $ 75.00 Per hour 36.4% NOTE: Fees will be charged only during non-regular hours of operations and/or hours which do not conflict with regularly scheduled activities. Proof of non-profit status required. A. Oak Park Recreation Center Entire Facility $ 180.00 $ 250.00 4 Hours 38.9% B. Joe Garza Recreation Center Entire Facility $ 200.00 $ 300.00 4 Hours 50.0% C. Oso Recreation Center Entire Facility $ 300.00 $ 425.00 4 Hours 41.7% D. Lindale Recreation Center Entire Facility $ 300.00 $ 425.00 4 Hours 41.7% E. Recreation Center Leagues Micro Soccer $ 50.00 $ 65.00 per child 30.0% Micro Soccer with late fee $ 70.00 $ 85.00 per child 21.4% F. Recreation Special Events Spring Break Fishing Cam $ 25.00 $ 30.00 per child 20.0% G. Recreation centers class fees lit: Specialist/City -65/35% Section 4. OSO BAY WETLAND PRESERVE A. Summer Cam -M-F 9a-12p, 5-15 year olds $ 99.00 $ 99.00 per person 0.0% Winter Cam -M-Th 9a-12-, 5-11 year olds $ 99.00 $ 99.00 per person 0.0% B. School Field Tris 1 -25 people) $ 75.00 $ 75.00 per group 0.0% School Field Tri 26-50 people) $ 150.00 $ 150.00 per group 0.0% School Field Tri 51 -75 people) $ 225.00 $ 225.00 per group 0.0% Private/Guided hike, 1 hour $ 75.00 $ 75.00 per group 0.0% Yoga classes 4 classes $ 40.00 $ 40.00 per person 0.0% Nature&Crafts $ 5.00 $ 5.00 per person 0.0% Birthday Parties $ 190.00 $ 190.00 per party 0.0% Family Field Investigations $ 5.00 $ 5.00 per person 0.0% Girl Scout Programs $ 10.00 $ 10.00 per person 0.0% Section 5. PARK AND FACILITY RENTALS A. Pavilions,Watergarden and Amphitheater Rentals West Guth Pavilion $ 160.00 $ 160.00 per rental 0.0% Key deposit $ 25.00 $ 25.00 per rental 0.0% Parker Pavilion $ 105.00 $ 105.00 per rental 0.0% Watergarden $ 220.00 $ 220.00 4 hours 0.0% Artesian Park $ 100.00 $ 100.00 4 hours 0.0% 4 Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit %increase Amphitheater-For profit rate $ 425.00 $ 425.00 4 hours 0.0% Non-profit rate $ 270.00 $ 270.00 4 hours 0.0% Additional hours(Watergarden,Artesian,Amphitheater) $ 55.00 $ 55.00 per hour 0.0% Bayfr7ont Park $1,000 deposit) $ 2,500.00 $ 2,500.00 4 hours 0.0% Each additional hour $ 250.00 $ 250.00 per hour 0.0% B. Cultural Services Room Rentals(Galvan House) Regular Business Hours are Monday-Thursday, 9:00 to 5:00 p.m. Friday, 9:00 a.m.-2:00 p.m., Saturday, 11:00 a.m.to 2:00 p.m. Non-Business Hours are Monday-Thursday, 5:30-midnight Friday,2:00 p.m.to midnight; Saturday, 8:30-11:00;2:00-midnight and all day Sunday Items marked*require an additional charge of$75 during Holiday Season for decorations.The Holiday season lasts from Thanksgiving through the first week in January. First floor of Galvan House $ 420.00 $ 500.00 4 hours 19.0% Meeting Rooms $ 110.00 $ 110.00 4 hours 0.0% Bridal Suite $ 110.00 $ 110.00 4 hours 0.0% Kitchen $ 420.00 $ 420.00 4 hours 0.0% Rose Garden $ 420.00 $ 450.00 4 hours 7.1% Courtyard $ 625.00 $ 750.00 4 hours 20.0% The Plaza $ 400.00 $ 400.00 4 hours 0.0% Non-business hour rentals $ 105.00 $ 105.00 event/rental 0.0% Full package: First floor,Courtyard, Rose Garden Plaza&Kitchen $ 1,275.00 $ 1,500.00 /8 hrs 17.6% Partial package: (Courtyard,Rose Garden&Kitchen $ 850.00 $ 975.00 /5 hrs 14.7% Partial package: (Courtyard,First Floor&Kitchen $ 960.00 $ 1,100.00 /5 hrs 14.6% Partial package: First Floor, Rose Garden&Kitchen $ 745.00 $ 850.00 /5 hrs 14.1% Cultural Services Room Rentals Additional Hours for Rental $ 105.00 $ 105.00 per hour 0.0% Change of Date Fee $ 80.00 $ 80.00 per change 0.0% Change during final two weeks $ 105.00 $ 105.00 per change 0.0% Rehearsal Fee $ 100.00 $ 100.00 each 0.0% Run/walk-Heritage Park(Plaza Only) $ 265.00 $ 265.00 /4 hrs 0.0% Each additional hour $ 50.00 $ 50.00 per hour 0.0% C.The Water's Edge McCaughan Park $ 150.00 $ 200.00 5 hours 33.3% Additional hour $ 30.00 $ 40.00 per hour 33.3% Non profit rate $ 120.00 $ 160.00 5 hours 33.3% Non profit additional hour $ 24.00 $ 35.00 per hour 45.8% McCaughan Park-Multi Purpose Slab $ 50.00 $ 65.00 5 hours 30.0% Additional hour $ 10.00 $ 15.00 per hour 50.0% Non profit rate $ 40.00 $ 50.00 5 hours 25.0% Non profit additional hour $ 8.00 $ 10.00 per hour 25.0% McCaughan Park-Parkin Lot $ 75.00 $ 95.00 5 hours 26.7% Additional hour $ 15.00 $ 20.00 per hour 33.3% Non profit rate $ 60.00 $ 75.00 5 hours 25.0% Non profit additional hour $ 12.00 $ 15.00 per hour 25.0% The Great Lawn $ 500.00 $ 650.00 5 hours 30.0% Additional hour $ 100.00 $ 130.00 per hour 30.0% Non profit rate $ 400.00 $ 520.00 5 hours 30.0% Non profit additional hour $ 80.00 $ 105.00 per hour 31.3% The Great Lawn Parkin Lot $ 200.00 $ 250.00 5 hours 25.0% Additional hour $ 40.00 $ 50.00 per hour 25.0% Non profit rate $ 160.00 $ 200.00 5 hours 25.0% Non profit additional hour $ 32.00 $ 40.00 per hour 25.0% 5 Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit %increase Sherrill Park $ 150.00 $ 200.00 5 hours 33.3% Additional hour $ 30.00 $ 40.00 per hour 33.3% Non profit rate $ 120.00 $ 160.00 5 hours 33.3% Non profit additional hour $ 24.00 $ 35.00 per hour 45.8% Old Shoreline Road Bed $ 500.00 $ 650.00 5 hours 30.0% Additional hour $ 100.00 $ 130.00 per hour 30.0% Non profit rate $ 400.00 $ 520.00 5 hours 30.0% Non profit additional hour $ 80.00 $ 105.00 per hour 31.3% McGee Beach $ 200.00 $ 250.00 5 hours 25.0% Additional hour $ 40.00 $ 50.00 per hour 25.0% Non profit rate $ 160.00 $ 200.00 5 hours 25.0% Non profit additional hour $ 32.00 $ 40.00 per hour 25.0% McGee Beach Pier $ 150.00 $ 200.00 5 hours 33.3% Additional hour $ 30.00 $ 40.00 per hour 33.3% Non profit rate $ 120.00 $ 160.00 5 hours 33.3% Non profit additional hour $ 24.00 $ 35.00 per hour 45.8% Entire Park $ 1,500.00 $ 2,000.00 5 hours 33.3% Additional hour $ 300.00 $ 400.00 per hour 33.3% Non profit rate $ 1,200.00 $ 1,600.00 5 hours 33.3% Non profit additional hour $ 240.00 $ 320.00 per hour 33.3% Old City Hall Park $ 150.00 $ 200.00 5 hours 33.3% Additional hour $ 30.00 $ 40.00 per hour 33.3% Non profit rate $ 120.00 $ 160.00 5 hours 33.3% Non profit additional hour $ 24.00 $ 35.00 per hour 45.8% D. Festival Fees Heritage Park $ 2,100.00 $ 3,000.00 per day 42.9% Heritage Park[non-profit festivals $ 1,050.00 $ 1,500.00 per day 42.9% Commercial Photographic Session $ 105.00 $ 105.00 4 hours 0.0% Non-refundable reservation deposit (applied to invoice if event is held $ 210.00 $ 210.00 per event 0.0% E. Historical tour fees Adults $ 7.50 $ 10.00 per person 33.3% Children under 12 $ 2.50 $ 5.00 per person 100.0% F. Cooking Demonstrations $ 10.00 $ 10.00 per person 0.0% G. City percentage of gallery sales 25% 25% 0.0% H. City percentage from caterer 10% 10% 0.0% Section 6. SENIOR CENTER RENTALS Facility rental fees below include staff supervision and cleanup 'Entire Facility'rate includes a 10%discount Additional hour rate for all facilities $ 60.00 $ 60.00 per hour 0.0% Set up Fee one-time non-refundable $ 75.00 $ 75.00 per event 0.0% Deposit(required for all recreational facilities $ 160.00 $ 160.00 per event 0.0% A. Non-profit Organizations-501(C)(3)or other community groups. Meeting space-per room $ 60.00 $ 60.00 per hour 0.0% Fee will be charged only during non-regular hours of operations and/or hours which do not conflict with regularly scheduled activities. Proof on non-profit status required. B. Ethel Eyerly Senior Center Small Social Hall $ 195.00 $ 195.00 4 hours 0.0% Large Social Hall $ 265.00 $ 265.00 4 hours 0.0% The Large Social Hall will be made available to the general public only when not in use by senior citizens groups. Senior citizens groups have priority. Entire Facility-(excluding pool room $ 450.00 $ 450.00 4 hours 0.0% 6 Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit %increase C. Lindale Senior Center Large Community Room $ 265.00 $ 265.00 4 hours 0.0% Small Multipurpose Room $ 175.00 $ 175.00 4 hours 0.0% Entire Facility(excluding pool room $ 530.00 $ 530.00 4 hours 0.0% D. Greenwood Senior Center Large Community Room $ 265.00 $ 265.00 4 hours 0.0% Small Multipurpose Room $ 175.00 $ 175.00 4 hours 0.0% Entire Facility(excluding pool room &Rm#2 $ 456.00 $ 455.00 4 hours -0.2% E. Garden Senior Center Bluebonnet Room $ 310.00 $ 310.00 4 hours 0.0% Pecan Tree Room $ 181.00 $ 180.00 4 hours -0.6% Crepe Myrtle Room $ 125.00 $ 125.00 4 hours 0.0% Pecan Tree&Crepe Myrtle Room combined $ 223.00 $ 225.00 4 hours 0.9% (openpartition) Entire Facility(excluding Wellness Room/Saera Loeb) $ 550.00 $ 550.00 4 hours 0.0% Resource Center F. Zavala Senior Center(Wellmed) G. Broadmoor Senior Center Community Room $ 265.00 $ 265.00 4 hours 0.0% Entire Facility(excluding Library Room $ 300.00 $ 300.00 4 hours 0.0% H. Oveal Williams Center Community Room $ 300.00 $ 300.00 4 hours 0.0% Entire Facility-(Excluding Card Room&Arts&Crafts Room $ 475.00 $ 475.00 4 hours 0.0% I. Northwest Senior Center Activit Room $ 310.00 $ 310.00 4 hours 0.0% Meeting Room $ 134.00 $ 135.00 4 hours 0.7% Entire Facility(excluding Arts&Crafts and Wellness Room $ 496.00 $ 495.00 4 hours -0.2% J. Senior centers class fees lit: Specialist/City -65/35% Section 7. YOUTH PROGRAM A. Summer Recreation Program (drop in) Monday-Friday, 11a-4 8 weeks $ 25.00 $ 25.00 Per child 0.0% Scholarship fee per child per week $ 10.00 Per child NEW Scholarship each additional child per week $ 5.00 Per child NEW Late child pick-up(per 15 minutes)per family $ 5.00 Per family NEW Daily Drop In Fee $ 10.00 Per child NEW Section 8. LATCHKEY FBISD&CISD A. School Year(from end of school day to 6:00 p.m.) Monthly fee, 1st child $ 99.00 $ 99.00 monthly per child 0.0% Monthly fee,each additional child $ 84.00 $ 84.00 monthly per child 0.0% Prorated months- 1st child x 3 months $ 87.00 $ 87.00 monthly per child 0.0% Prorated months-additional child x 3 months $ 77.00 $ 77.00 monthly per child 0.0% June charged as daily rate per child Registration involving 10 school days or less $ 50.00 $ 50.00 per child 0.0% Scholarship fee $ 60.00 $ 60.00 monthly per child 0.0% Daily drop in fee $ 15.00 $ 15.00 per child 0.0% Late childpick-up $ 10.00 $ 10.00 per 15 minutes per family 0.0% Late payment fee after the 1st $ 20.00 $ 20.00 per family 0.0% B. Summer Latchkey Program Week) fee $ 89.00 $ 89.00 1weekly per child 0.0% Scholarship $ 60.00 1 $ 60.00 1weekly per child 0.0% Late payment fee after 1st business day of week $ 20.00 1 $ 20.00 1 per family 0.0% 7 Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit %increase Daily drop in fee $ 20.00 $ 20.00 daily per child 0.0% Vacation Station $ 20.00 $ 20.00 daily per child 0.0% Vacation Station Scholarship $ 15.00 $ 15.00 daily per child 0.0% CCISD C. School Year(from end of school day to 6:00 p.m.) Monthly fee, 1st child $ 109.00 $ 109.00 monthly per child 0.0% Monthly fee,each additional child $ 94.00 $ 94.00 monthly per child 0.0% Prorated months- 1st child x 3 months $ 97.00 $ 97.00 monthly per child 0.0% Prorated months-additional child x 3 months $ 87.00 $ 87.00 monthly per child 0.0% June charged as daily rate per child Registration involving 10 school days or less $ 60.00 $ 60.00 per child 0.0% Scholarship fee $ 70.00 $ 70.00 monthly per child 0.0% Daily drop in fee $ 25.00 $ 25.00 per child 0.0% Late childpick-up $ 10.00 $ 10.00 per 15 minutes per family 0.0% Late payment fee after the 1st $ 20.00 $ 20.00 per family 0.0% D. Summer Latchkey Program Week) fee $ 99.00 $ 99.00 weekly per child 0.0% Scholarship $ 70.00 $ 70.00 weekly per child 0.0% Late payment fee after 1st business day of week $ 20.00 $ 20.00 per family 0.0% Daily drop in fee $ 30.00 $ 30.00 daily per child 0.0% Vacation Station $ 30.00 $ 30.00 daily per child 0.0% Vacation Station Scholarship $ 25.00 $ 25.00 daily per child 0.0% Section 9. SPECIAL SERVICES A. Permits and Miscellaneous Special Event Application Fee non-refundable $ 50.00 $ 50.00 per permit 0.0% Small Special Event Permit 0-500 attendees $ 100.00 $ 100.00 per permit 0.0% Small Special Event clean-up deposit $ 1,000.00 $ 1,000.00 per event 0.0% Medium Special Event Permit 500-1000 attendees $ 200.00 $ 200.00 per permit 0.0% Medium Special Event clean-up deposit $ 2,000.00 $ 2,000.00 per event 0.0% Large Special Event Permit (greater than 1,000 attendees $ 400.00 $ 400.00 per permit 0.0% Large Special Event clean-up deposit $ 4,000.00 $ 4,000.00 per event 0.0% Beach/Park wedding $ 100.00 $ 100.00 per event 0.0% B. Vendor Permits Skatepark $ 350.00 $ 350.00 per month 0.0% Gulf Beach Vendor(Fixed) $ 225.00 $ 225.00 per month 0.0% CC Beach and McGee Beach(Fixed) $ 150.00 $ 150.00 per month 0.0% CC Beach and McGee Beach(Mobile) $ 50.00 $ 50.00 per month 0.0% Vendors for Special Events $ 150.00 $ 150.00 per day 0.0% Inflatable games vendor $ 220.00 $ 220.00 Permit 0.0% Security Deposit $ 250.00 $ 250.00 Permit 0.0% Water's Edge Food&Beverage $ 400.00 $ 400.00 month) Mar-Oct 0.0% $ 150.00 $ 150.00 month) Nov-Feb 0.0% Water's Edge Rentals $ 200.00 $ 200.00 month) Mar-Oct 0.0% $ 75.00 $ 75.00 month) Nov-Feb 0.0% C. Labonte Park-3-day camping ermit for designated holidays $ 25.00 $ 28.00 3-day permit 12.0% Easter, Memorial Day,4th of July, Labor Day $ 50.00 $ 55.00 3-day permit(RV) 10.0% Only 2 consecutive permits or 6 days/month D. Daily vehicle entry fee $ 2.00 $ 3.00 /vehicle/day 50.0% Entry to community arks for Holiday weekends orspecial events $ 5.00 $ 6.00 /vehicle/weekend 20.0% Section 10. PILOT PROGRAMS The Parks and Recreation Department is authorized to implement pilot programs based on community requests and trends. Cost recovery will not exceed 40%for youth programs(excluding Latchkey). Section 11.SCHOLARSHIP FEES Scholarships as shown are provided to youth based on financial need for program activities. Eligibility criteria is the same as used by school districts for the free/reduced-cost lunch program. 8 Parks and Recreation Department FY19 Fee Schedule DESCRIPTION FY 18 FY 19 Unit /increase Section 12. REFUND POLICY Refunds for all Parks and Recreation fees will be processed for a period up to thirty(30)days from the date of payment. This schedule of fees and charges has been submitted to the City Council for review and approval effective October 1,2018. APPROVED: E. Jay Ellington, Director of Parks and Recreation Date 9