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HomeMy WebLinkAboutAgenda Packet City Council - 10/30/2018City of Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, October 30, 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 ingles 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 Deacon Jesse Hinojosa, Diocese of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States to be led by Aly Berlanga, Executive Assistant, City Secretary's Office. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 18-1366 Proclamation declaring October 10, 2018, "Real Men Wear Pink Day". Proclamation declaring November 11, 2018, "The 143rd Year Anniversary of St. John Baptist Church". F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. UTILITY BILLING UPDATE City of Corpus Christi Page 1 Printed on 10/29/2018 City Council Meeting Agenda - Final October 30, 2018 b. STRATEGIC FUTURE ISSUES c. OTHER G. MINUTES: 2. 18-1358 Regular Meeting of October 23, 2018 and Workshop Meeting of October 15, 2018. Attachments: Minutes - October 23, 2018 Minutes - October 15, 2018 Workshop H. BOARD & COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. City of Corpus Christi Page 2 Printed on 10/29/2018 City Council Meeting Agenda - Final October 30, 2018 PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. K. CONSENT AGENDA: (ITEMS 3 - 8) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 18-1207 Master Services Agreement for Subsurface Utility Engineering (SUE) Services (Capital Improvement Project) (Requires 2/3 Vote) Motion to authorize execution of a Master Services Agreement with Cobb, Fendley & Associates, Inc., of Corpus Christi, Texas for a period of 1 year in the amount of $300,000 with one optional 1 -year renewal to be administratively awarded for a total contract cost of $600,000 for Subsurface Utility Engineering (SUE) Services project. Attachments: Agenda Memo- SUE Services Budget- SUE Services Location Map - SUE Services Presentation- SUE Services Master Services Agreement - Sue Services - Signed 4. 18-1268 Professional Services Contract Amendment No. 1 for Seawall Capital Repairs (CIP - Type A) (Requires 2/3 Vote) Motion to authorize execution of Amendment No. 1 to a professional services contract with Munoz Engineering of Corpus Christi, Texas in the amount of $91,213 for a total restated fee of $108,493 for the Seawall Capital Repairs project. City of Corpus Christi Page 3 Printed on 10/29/2018 City Council Meeting Agenda - Final October 30, 2018 Attachments: Agenda Memo - Seawall Capital Repairs Project Budget - Seawall Capital Repairs Location Map - Seawall Capital Repairs.pdf Presentation - Seawall Capital Repairs Amd 1 - Seawall Cap Repairs Munoz 5. 18-1255 Purchase of Uniforms for the Gas Department (Requires 2/3 Vote) Motion authorizing the purchase of uniforms for the Gas Department with Cintas Corporation from Corpus Christi, Texas, via U.S. Communities cooperative, for a total amount not to exceed $122,795.50. Attachments: Agenda Memo - Uniform Purchase for Gas Department Price Sheet - Uniform Purchase for Gas Department 6. 18-1296 Second Reading Ordinance - Rezoning for a Property located at or near 15621 and 15625 South Padre Island Drive (Requires 2/3 Vote) (1st Reading 10/23/18) Case No. 0918-02 Rakesh Patel: Request for rezoning property at or near 15621 and 15625 South Padre Island Drive from "CR-2/IO" Resort Commercial District with the Island Overlay to the "IL" Light Industrial District. Planning Commission and Staff Recommendation (September 19, 2018): Denial of the change of zoning from the "CR-2/IO" Resort Commercial District with the Island Overlay to the "IL" Light Industrial District, in lieu thereof: Ordinance rezoning property at or near 15621 and 15625 South Padre Island Drive from "CR-2/IO" Resort Commercial District with the Island Overlay to the "CR-2/IO/SP" Resort Commercial District with the Island Overlay and a Special Permit. Attachments: Agenda Memo 0918-02 Rakesh Patel Ordinance Special Permit 0918-02 Rakesh Patel Ordinance 0918-02 Rakesh Patel CC Report 0918-02 Rakesh Patel Presentation 0918-02 Rakesh Patel 7. 18-1294 Second Reading Ordinance - Amending City Code for Water Master Plan Amendment - South of Oso Creek (1st Reading 10/23/18) Ordinance amending the City of Corpus Christi Comprehensive Plan by amending the City's Water Distribution System Master Water Plan South of Oso Creek. City of Corpus Christi Page 4 Printed on 10/29/2018 City Council Meeting Agenda - Final October 30, 2018 Attachments: Agenda Memo - Water Master Plan South of Oso Creek Ordinance - Water Master Plan South of Oso Creekv2 Attch 1 - 1997 Master Plan - Current Attch 2 - Prop South of Oso Creek Water MP Presentation Water Master Plan 8. 18-1292 Second Reading Ordinance - Accepting and appropriating the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program grant (Requires 2/3 Vote) (1st Reading 10/23/18) Ordinance authorizing acceptance of grant from U. S. Department of Justice, Bureau of Justice Assistance, in amount of $178,821 for FY 2018 Edward Byrne Memorial Justice Assistance Grant Program; and appropriating $178,821 in Police Grants Fund to fund enhancement of law enforcement efforts with $82,042 of funds distributed to Nueces County and $14,736 of funds distributed to City of Robstown. Attachments: Agenda memo JAG grant appropriation 10.16.2018 Ordinance - Edard Byrne JAG grant FY18 City of CC Robstown Interlocal Agreement City of CC Nueces Co Interlocal Agreement AWARD REPORT L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEM 9) 9. 18-1333 Public Hearing and First Reading Ordinance - Alley Right -of -Way and Easement Closure located between Morgan Avenue and Elizabeth Street and between Ocean Drive and Third Street Ordinance closing, abandoning and vacating two public alleys totaling 5,767 square feet located between Morgan Avenue and Elizabeth Street and between Ocean Drive and Third Street, 1,654 square feet of an existing 5 -foot wide drainage easement, and partial closure, abandonment and vacation of 10,618 square feet of an existing 30 -foot wide utility and drainage easement dedicated by separate instrument and shown on the Plat of Ocean View Addition Volume 1, Page 11 and Volume 62, Page 130 and 131 Deed and Map Records of Nueces County, located at 600 Elizabeth Street; and requiring the Owner, Christus Spohn Health System Corporation, to comply with specified conditions. Attachments: Agenda Memo - Spohn Hospital Closures Ordinance with Exhibits - Spohn Hospital Closures Presentation Spohn Hospital Closures City of Corpus Christi Page 5 Printed on 10/29/2018 City Council Meeting Agenda - Final October 30, 2018 N. REGULAR AGENDA: (ITEMS 10 - 12) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 10. 18-1356 Service Agreement for On -Call Cabling Services and Related Products (Requires 2/3 Vote) Motion authorizing a one-year service agreement to provide cabling services and related products with Network Cabling Services, Inc., of Houston, Texas for a not to exceed amount of $150,000, with two one-year options for a total potential not to exceed amount of $450,000 through the State DIR cooperative. Attachments: Agenda Memo - Cabling Services Service Agreement 1955 Cabling Services and Related Products Revised 10.22 11. 18-1374 Second Reading Ordinance - Corpus Christi International Airport Taxiway K Settlement and Release Agreement (requires 2/3 Vote) Ordinance authorizing the City Manager to execute a settlement and release agreement with FDL -CC, L.L.C., Harvey Cleary Builders and Spawglass Civil Construction, Inc. related to the fire suppression foam spill on the city's Taxiway K Project; amending the FY 2019 Operating Budget; and appropriating certain funds into Airport Fund No. 4610; and authorizing a payment of $312,500 to Spawglass Civil Construction, Inc. as provided in the settlement and release agreement. Attachments: Agenda Memo - Txwy K Settlement rev Ordinance2- CCIA TXWY K SETTLEMENT RELEASE AGRMT 12. 18-1373 Purchase of Playground Equipment (Requires 2/3 Vote) Motion authorizing the purchase of playground equipment from GameTime by Total Recreation Products, Inc. of Cypress, Texas via U.S. Communities Cooperative for a total amount not to exceed $400,442.25. Attachments: Agenda Memo - Playground Equipment Price Sheet - Playground Equipment for Parks & Recreation Presentation - Playground Grant Match O. FIRST READING ORDINANCES: (ITEM 13) 13. 18-1332 First Reading Ordinance - Ordinance authorizing a License Agreement with Christus Spohn Health System Corporation to cross Elizabeth Street with private utilities (Requires 2/3 Vote) City of Corpus Christi Page 6 Printed on 10/29/2018 City Council Meeting Agenda - Final October 30, 2018 Ordinance authorizing a License Agreement with Christus Spohn Health System Corporation, A Texas Non -Profit Corporation, to cross Elizabeth Street with private utilities. Attachments: Agenda Memo - Spohn Hospital License Ordinance with License and Exhibits Presentation Spohn Hospital License P. FUTURE AGENDA ITEMS: (ITEMS 14 - 19) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 14. 18-1320 Resolution ratifying grant application submission for the Emergency Operations Center and Transportation Managment Center Assessment project Resolution ratifying submission of a grant application for $37,573.61 to the Office of the Governor for the Emergency Operations Center and Transportation Management Center Assessment project; and authorizing acceptance, rejection, alteration, or termination of grant. Attachments: Agenda Memo (The office of the Governor for EOC and TMCA) Resolution - Ratifying EOC TMC Grant App - 2016 15. 18-1302 Supply Agreement for Medications for Emergency Medical Services (EMS) (Requires 2/3 Vote) Motion authorizing a one-year supply agreement for the purchase of EMS Medications with Life -Assist, Inc. of Rancho Cordova, California for a total amount of $146,964.04 with two one-year options for a total potential multi-year amount of $440,892.12. Attachments: Agenda Memo - EMS Medications Bid Tab -EMS Medications Supply Agreement -EMS Medications 16. 18-1267 Professional Services Contract Amendment No. 2 for North Padre Island Beach Access Roads Project (Bond 2014, Proposition 2) (Requires 2/3 Vote) Motion to authorize execution of Amendment No. 2 to a professional services contract with Govind Development, LLC. of Corpus Christi, Texas in the amount of $59,350 for a total restated fee of $149,435 for the North Padre Island Beach Access Roads project (Bond 2014, Proposition 2). Attachments: Agenda Memo - Newport Pass and Zahn Road Budget - Access Roads City of Corpus Christi Page 7 Printed on 10/29/2018 City Council Meeting Agenda - Final October 30, 2018 Location Map v2 Presentation - Access Roads Amendment No. 2 Govind Development - Beach Access Roads 17. 18-1293 Professional Services Contract Amendment No. 1 for Greenwood Wastewater Treatment Plant Flood Mitigation (Capital Improvement Program) (Requires 2/3 Vote) Motion to authorize execution of Amendment No. 1 to a contract for professional services with Alan Plummer Associates, Inc. of Corpus Christi, Texas in the amount of $339,895 for a total restated fee of $389,595 for the Greenwood Wastewater Treatment Plant Flood Mitigation project. Attachments: Agenda Memo - Greenwood WWTP - Flood Mitigation Project Budget - Greenwood WWTP Flood Mitigation Location Map - Greenwood WWTP Presentation - Greenwood WWTP Flood Mitigation Amendment 1 - Greenwood WWTP Flood Mitigation APAI-1 - signed by Hunt 18. 18-1301 Construction Contract Change Order No. 1 for Oso Water Reclamation Plant Headworks and Lift Station (Capital Improvement Project) (Requires 2/3 Vote) Motion to authorize execution of Change Order No. 1 with CSA Construction Inc., of Houston, TX in the amount of $381,427 for a total restated fee of $23,246,967 for the Oso Water Reclamation Plant Headworks and Lift Station project. Attachments: Agenda Memo - Change Order #1 Oso WRP (rev 1) Budget - Oso WRP CO 1 Location Map Presentation - Oso WRP Change Order #1 E12206 Change Order 1 19. 18-1290 Service Agreement for Motor and Clutch Repairs for Wastewater Treatment Plants (Requires 2/3 Vote) Motion authorizing a one-year service agreement for motor and clutch repairs with Massengale Armature Works Inc. from San Antonio, Texas for a total not to exceed amount of $146,350.00. Attachments: Agenda Memo - Motor and Clutch Repairs for Utilities Bid Tabulation- Motor and Clutch Repairs for Utilities Service Agreement - Motor and Clutch Repairs for Utilities Department City of Corpus Christi Page 8 Printed on 10/29/2018 City Council Meeting Agenda - Final October 30, 2018 Q. BRIEFINGS: (NONE) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. Council may give direction to the City Manager, but no other action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation (including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. R. EXECUTIVE SESSION: (ITEMS 20 - 23) 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. 20. 18-1367 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City's contracts related to waste management, handling, and disposal and state and federal regulations related to the disposal of solid waste and/or recycling, including but not limited to, the City's contracts with Republic Services, BFI Waste Services of North America, Inc. and BFI Waste Systems of Texas, LP. and related entities, force majeure provisions in contracts involving the aforesaid companies and or services, calculation of rates therein, and provisions related to termination thereof, including, but not limited to, the potential later authorization in open session of settlement agreements related to claims by and against some of the aforesaid entities. 21. 18-1371 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning claims, pending litigation, potential settlement, attorney's fees, and/or other potential legal matters regarding lawsuits of Ray Rosas, Virginia Rosas, Individually and on Behalf of Brenda Rosas, Isabel Rocha Andjose Maria Pena, vs. The City of Corpus Christi, Andy Trevino, Justin Sanders, Adam Villarreal, Ross Murray, Heriberto Martinez, Michael Landino, RogerArevalo, Yezenia Banuelos and other lawsuits and claims against the City and the City's officers and employees. 22. 18-1387 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 statutes, City Charter City of Corpus Christi Page 9 Printed on 10/29/2018 City Council Meeting Agenda - Final October 30, 2018 provisions, ordinances and other matters relates to the structure and activities of the Corpus Christi Municipal Court and duties of the judge(s) and clerk(s) thereof and Texas Government Code § 551.074 (Personnel Matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of the Presiding Judge and other judges and the clerk of the Corpus Christi Municipal Court. 23. 18-1388 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the Texas Utilities Code, utility billing regulations, policies, and practices, the regulation of and charges associated with biochemical oxygen demand, total suspended solids, and other wastewater components, and other matters related to the provision of water services, including, but not limited to, issues related to Kane Beef, and agreements related to the aforementioned matters. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Per Council Policies, an item may be added to the agenda by four members of the City Council. Council may give direction to the City Manager to add an item to a future agenda, but no other action will be taken, and no public comment solicited. T. ADJOURNMENT City of Corpus Christi Page 10 Printed on 10/29/2018 City of Corpus Christi Meeting Minutes City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, October 23, 2018 11:30 AM Council Chambers Public Notice - - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. MEMBERS OF THE AUDIENCE WILL BE PROVIDED AN OPPORTUNITY TO ADDRESS THE COUNCIL AT APPROXIMATELY 12:00 P.M. CITIZEN COMMENTS WILL BE LIMITED TO THREE MINUTES. Please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak to the City Council MUST be submitted a minimum of 24 hours prior to the meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:31 a.m. B. Invocation to be given by Pastor David Bendett, Rock City Church. Pastor David Bendett gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Becky Perrin, Assistant Director of Parks and Recreation. Assistant Director of Parks and Recreation Becky Perrin 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 Kieth Sleman, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 10/26/2018 City Council Meeting Minutes October 23, 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 October 23, 2018, "Indigenous Tribes of the Coastal Bend Day". Proclamation declaring October 25, 2018, "Celebration of Family: Honoring 2018 Four -Star Parents". Proclamation declaring October 2018, "National Breast Cancer Awareness Month". Proclamation declaring October 2018, "Neonatal Abstinence Syndrome Awareness Month". Proclamation declaring November 3, 2018, "Face -to -Face Walk for Memory Day". Mayor McComb presented the proclamations. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. Mayor McComb deviated from the agenda and referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council meeting. City Secretary Rebecca L. Huerta conducted the public comment period. George Silver, Jr., 741 Wildwood, provided the City Council information regarding water and wastewater rates. Adam Carrington, 2949 River Bend, spoke in support of extending City Council term lengths and requested that the City Council consider repurposing the old Memorial Hospital to house the homeless, disabled veterans, or displaced citizens during hurricane events. Wendy Herman, Executive Officer of the Coastal Bend Homebuilders Association, 5325 Yorktown, spoke regarding Agenda Item 13, amending the City's Water Distribution System Master Plan South of Oso Creek, and stated that the Association was not consulted regarding the amendment. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: City of Corpus Christi Page 2 Printed on 10/26/2018 City Council Meeting Minutes October 23, 2018 c. OTHER Mayor McComb referred to City Manager's Comments. Interim City Manager Keith Selman reported on the following topics: 1) The City of Corpus Christi is coordinating with the City of Austin and Travis County to deliver water to those affected by recent flooding. 2) Assistant Fire Chief Rick Trevino, Battalion Chief David Saenz, and Firefighter Kelly Maiden traveled to Mexico Beach, Florida to assist those impacted by Hurricane Michael. 3) Municipal Court is providing open court days in Courtroom A from 8:00 a.m. to 4:00 p.m., Monday through Friday, to assist citizens paying warrants and citations. 4) The City of Corpus Christi and the U.S. Drug Enforcement Administration (DEA) are coordinating the National Drug Drop Off Program which allows citizens to dispose of expired prescription medication. The event is being held on Saturday, October 27, 2018 from 10:00 a.m. to 2:00 p.m. at Fire Station 7, located at Staples and Doddridge Streets; Fire Station 13, located on Waldron Road; and Fire Station 14, located at Staples and La Costa Streets. 5) The Stormwater Department will be holding a demonstration regarding how City crews keep storm drains clear on Friday, October 26, 2018 at 10:00 a.m. at the corner of Deery Drive and Skyline Drive. 6) Interim City Manager Selman recognized the Communication Department for receiving three national communications awards from the National City/County Communications and Marketing Association for the City Hall in the Mall event. a. UTILITY BILLING UPDATE Interim City Manager Selman introduced Peter Collins, independent information technology contractor, who is leading the team to address issues with the City's utility billing system. Mr. Collins provided an overview of the progress related to the utility billing system including: maintenance on the data collection units (DCU) and meter transmission units (MTU); the new utility bill layout and additional features; the exceptions related to no meter read; modifications to the STAR software; and a future action to approve a service agreement for skills and availability of equipment to address network issues. Council members discussed the following topics: the DCUs and MTUs; the number of meter transmission units impacted; the status regarding improvements to no meter readings; and software upgrades. b. STRATEGIC FUTURE ISSUES None. G. MINUTES: 2. Regular Meeting of October 16, 2018. Mayor McComb referred to approval of the minutes. Council Member Lindsey -Opel made a motion to approve the minutes, seconded by Council Member Garza and passed unanimously. H. BOARD & COMMITTEE APPOINTMENTS: (NONE) City of Corpus Christi Page 3 Printed on 10/26/2018 City Council Meeting Minutes October 23, 2018 I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 11) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. A council member requested that Item 11 be pulled for individual consideration. There were no comments from the public. A motion was made by Council Member Garza, 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 3. Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement (Requires 2/3 Vote) 4. Motion to amend Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP. to extend the performance date to October 24, 2019. This Motion was passed on the consent agenda. Enactment No: M2018-199 Service Agreement for the Purchase of Air Compressors and Preventative Maintenance for O.N. Stevens Water Treatment Plant (Requires 2/3 Vote) Motion authorizing a five-year service agreement with Air Specialty and Equipment Company of Corpus Christi, Texas for the purchase of air compressors and preventative maintenance at O.N. Stevens Treatment Plant for the total amount not to exceed $70,990. This Motion was passed on the consent agenda. Enactment No: M2018-200 5. Purchase of Fairbanks Pump for O.N. Stevens Water Treatment Plant (Requires 2/3 Vote) Motion authorizing the purchase of a Fairbanks pump for O. N. Stevens Water Treatment Plant from Odessa Pumps of Corpus Christi, Texas via City of Corpus Christi Page 4 Printed on 10/26/2018 City Council Meeting Minutes October 23, 2018 6. BuyBoard cooperative for a total amount not to exceed $175,313.00. This Motion was passed on the consent agenda. Enactment No: M2018-201 Master Services Agreement (MSA) for O.N. Stevens Water Treatment Plant (ONSWTP) Electrical Distribution Improvements (Capital Improvement Program) (Requires 2/3 Vote) Motion to authorize execution of a Master Services Agreement (MSA) with Bath Engineering of Corpus Christi, Texas for a period of one (1) year in the amount of $300,000 with two (2) optional 1 -year renewals in the amount of $250,000 each for a total contract value not to exceed $800,000 for ONSWTP Electrical Distribution Improvements. This Motion was passed on the consent agenda. Enactment No: M2018-202 7. Construction Contract for North Beach Area Projects (Bond 2012, Proposition 8) (Requires 2/3 Vote) 8. Motion to authorize execution of a construction contract with Winters Construction, Inc., of San Antonio, Texas in the amount of $ 2,001,890.68 for the Base Bid plus Alternates No. 1 and 2 for the North Beach Area Road Improvements and Area Beautification, and North Beach Breakwater, Plaza, North Shoreline Repair and Enhancement projects. This Motion was passed on the consent agenda. Enactment No: M2018-203 Resolution authorizing execution of the Regional Transportation Authority (RTA) "Notification for Additional Funding in 2018" (Requires 2/3 Vote) Resolution authorizing execution of the "Notification for Additional Funding in 2018 (Street Maintenance Program)" in an amount of $2,565,883 accepting the Corpus Christi Regional Transportation Authority's fiscal year 2018 allocation to the City's Street Preventative Maintenance Program (SPMP) projects. This Resolution was passed on the consent agenda. Enactment No: 031582 9. Service Agreement for Elevator and Escalator Preventive Maintenance Program (Requires 2/3 Vote) City of Corpus Christi Page 5 Printed on 10/26/2018 City Council Meeting Minutes October 23, 2018 Motion authorizing a five-year service agreement with EMR Elevator of Arlington, Texas, for elevator, escalator, dumbwaiter and wheelchair lift preventive maintenance program and preexisting repairs, via BuyBoard cooperative for a total amount not to exceed $517,598.24. This Motion was passed on the consent agenda. Enactment No: M2018-204 10. Service Agreement for the replacement of the City warehouse roof (Requires 2/3 Vote) Motion authorizing a service agreement with South Texas Metal Roof, of Corpus Christi, Texas, for the replacement of the City warehouse roof for a total amount not to exceed $142,500.00. This Motion was passed on the consent agenda. Enactment No: M2018-205 11. Approval of the 2018 Tax Levy Motion approving the 2018 Property Tax Levy of $126,930,210.19 based on the adopted property tax rate of $0.626264 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Tax Code. Mayor McComb referred to Item 11, approval of the 2018 Property Tax Levy. A council member stated his reasons for not supporting this item. Mayor McComb made a motion to approve the motion, seconded by Council Member Lindsey -Opel. This Motion was passed and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey -Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Nay: 1 - Council Member Hunter Abstained: 0 Enactment No: M2018-206 M. PUBLIC HEARINGS: (ITEMS 12-13) 12. Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 15621 and 15625 South Padre Island Drive (Requires 2/3 Vote) Case No. 0918-02 Rakesh Patel: Request for rezoning property at or near 15621 and 15625 South Padre Island Drive from "CR-2/IO" Resort Commercial District with the Island Overlay to the "IL" Light Industrial City of Corpus Christi Page 6 Printed on 10/26/2018 City Council Meeting Minutes October 23, 2018 District. Planning Commission and Staff Recommendation (September 19, 2018): Denial of the change of zoning from the "CR-2/IO" Resort Commercial District with the Island Overlay to the "IL" Light Industrial District, in lieu thereof: Ordinance rezoning property at or near 15621 and 15625 South Padre Island Drive from "CR-2/IO" Resort Commercial District with the Island Overlay to the "CR-2/IO/SP" Resort Commercial District with the Island Overlay and a Special Permit. Mayor McComb referred to Item 12. Director of Development Services Nina Nixon -Mendez stated that the purpose of this item is to rezoning the subject property to allow for the operation of a landscaping business, including outdoor storage. Ms. Nixon -Mendez stated that the Planning Commission and staff recommend denial of the "IL" Light Industrial District, and in lieu thereof, approval of the "CR-2/IO/SP" Resort Commercial District with the Island Overlay and a Special Permit. Mayor McComb opened the public hearing. Council members spoke regarding the following topics: notices returned in opposition to the zoning change; landscaping operations at the subject property; review of the zoning districts to address special uses; screening requirements; and materials that will be stored at the property. Javier Garcia, 15105 Dasmarinas Drive, owner, addressed questions regarding the proposed screening and materials to be stored at the property. Mayor McComb closed the public hearing. Council Member Rubio made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Molina Abstained: 0 13. Public Hearing and First Reading Ordinance - Amending City Code for Water Master Plan Amendment - South of Oso Creek Ordinance amending the City of Corpus Christi Comprehensive Plan by amending the City's Water Distribution System Master Water Plan South of Oso Creek. Mayor McComb referred to Item 13. Executive Director of Water Utilities Dan Grimsbo stated that the purpose of this item is to amend the City's Water Distribution System Master Water Plan South of Oso Creek. The presentation included: Major Engineer Gabriel Hinojosa and Director of Planning and ESI Daniel McGinn. Mr. Grimsbo presented the following information: a map of the City of Corpus Christi Page 7 Printed on 10/26/2018 City Council Meeting Minutes October 23, 2018 subject property; the existing 1997 master plan; the proposed water master plan; the proposed amendments; objectives to be achieved; and the implementation funding sources. Council members and the presentation team discussed the following topics: adequate pressure and flows; transmission capacity; water service south of FM 43 and the diameter of the water line; if an additional water tower is proposed for the area; the wastewater master plan for the London area; concern from a council member regarding the City's long-term viability and land use projections; the water tower on Holly Road; and the purpose of the elevated storage tanks. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 N. REGULAR AGENDA: (NONE) O. FIRST READING ORDINANCES: (ITEMS 14 - 15) 14. First Reading Ordinance - Accepting and appropriating the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program grant (Requires 2/3 Vote) Ordinance authorizing acceptance of grant from U. S. Department of Justice, Bureau of Justice Assistance, in amount of $178,821 for FY 2018 Edward Byrne Memorial Justice Assistance Grant Program; and appropriating $178,821 in Police Grants Fund to fund enhancement of law enforcement efforts with $82,042 of funds distributed to Nueces County and $14,736 of funds distributed to City of Robstown. Mayor McComb referred to Item 14. Police Chief Mike Markle stated that the purpose of this item is to accept and appropriate the 2018 Edward Byrne Memorial Justice Assistant Grant (JAG) program grant. There were no comments from the Council or the public. 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: City of Corpus Christi Page 8 Printed on 10/26/2018 City Council Meeting Minutes October 23, 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 15. First Reading Ordinance - Lease Agreement for Lake Corpus Christi Campground (28 Day Delay Required) (Requires 2/3 Vote) Ordinance authorizing a fifteen -year lease agreement with Kamping Pleasures, Inc. for 40 acres out of the Mary B. Kelvin survey in Live Oak County, on the North side of Lake Corpus Christi, in consideration of quarterly rent of $5,000 or 8% of gross sales, whichever is greater, to operate a campground; with option to extend for up to an additional ten-year term. Mayor McComb referred to Item 15. Executive Director of Utilities Dan Grimsbo stated that the purpose of this item is to authorize a fifteen -year lease with Kamping Pleasures, Inc. for 40 acres on the northside of Lake Corpus Christi with a quarterly rent of $5,000 or 8% of gross sales, whichever is greater, with an option to extend for an aditional ten-year term. Council members spoke regarding the following topics: the Charter requirement regarding the 28 -day delay for leases that exceed five years; the terms of the agreement; lake levels at Lake Corpus Christi and Choke Canyon; and if this facility is the the old KOA, a franchise campground. Council Member Lindsey -Opel made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 16 - 18) 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 16. 16. Master Services Agreement for Subsurface Utility Engineering (SUE) Services (Capital Improvement Project) (Requires 2/3 Vote) Motion to authorize execution of a Master Services Agreement with Cobb, Fendley & Associates, Inc., of Corpus Christi, Texas for a period of 1 year in the amount of $300,000 with one optional 1 -year renewal to be administratively awarded for a total contract cost of $600,000 for City of Corpus Christi Page 9 Printed on 10/26/2018 City Council Meeting Minutes October 23, 2018 Subsurface Utility Engineering (SUE) Services project. This Motion was recommended to the consent agenda. 17. Professional Services Contract Amendment No. 1 for Seawall Capital Repairs (CIP - Type A) (Requires 2/3 Vote) Motion to authorize execution of Amendment No. 1 to a professional services contract with Munoz Engineering of Corpus Christi, Texas in the amount of $91,213 for a total restated fee of $108,493 for the Seawall Capital Repairs project. This Motion was recommended to the consent agenda. 18. Purchase of Uniforms for the Gas Department (Requires 2/3 Vote) Motion authorizing the purchase of uniforms for the Gas Department with Cintas Corporation from Corpus Christi, Texas, via U.S. Communities cooperative, for a total amount not to exceed $122,795.50. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (NONE) R. EXECUTIVE SESSION: (ITEMS 19 - 20) 19. Mayor McComb referred to the day's executive sessions. The Council went into executive session at 1:13 p.m. The Council returned from executive session at 2:01 p.m. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning potential settlement of claims on behalf of and/or against City involving SpawGlass Civil Construction, Inc., Harvey Cleary Builders, Inc., FDL -CC, LLC, and related entities involved in the malfunction of a fire suppression system on or about June 15, 2017 and the necessitated removal of soil and/or subgrade affected by introduction of fire suppressant into adjacent areas of construction. Mayor McComb referred to Item 19 and the following ordinance was considered: Ordinance authorizing the City Manager to execute a Settlement and Release Agreement with FDL -CC, L.L.C., Harvey Cleary Builders and SpawGlass Civil Construction, Inc. related to the fire suppression foam spill on the City's Taxiway K Project; amending the FY 2019 Operating Budget; and appropriating certain funds into Airport Fund No. 4610; and authorizing a payment of $312,500 to SpawGlass Civil Construction, Inc. as provided in the Settlement and Release Agreement. Council Member Lindsey -Opel made a motion to approve the ordinance, City of Corpus Christi Page 10 Printed on 10/26/2018 City Council Meeting Minutes October 23, 2018 seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Roy, Council Member Rubio and Council Member Smith Absent: 1 - Council Member Molina Abstained: 0 Enactment No: 031583 20. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the Texas Utilities Code, utility billing regulations, policies, and practices, the regulation of and charges associated with biochemical oxygen demand, total suspended solids, and other wastewater components, and other matters related to the provision of water services, including, but not limited to, issues related to Kane Beef, and agreements related to the aforementioned matters. This E -Session Item was discussed in executive session. L. RECESS FOR LUNCH The recess for lunch was held during executive session. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS T. ADJOURNMENT Mayor McComb referred to Identify Council Future Agenda Items. The following items were identified: an update on the listing for the property located on Ennis Joslin and requesting that the City include Texas A & M University - Corpus Christi on the list; an update on the City's drone program, both submerged and aerial; and a comprehensive review of any and all ordinances that define or allow bars, taverns, dens, and lounges in residental areas, commercial areas, and business districts, a map identifying these zoning districts, and clarification regarding a bar versus a restaurant. The meeting was adjourned at 2:07 p.m. City of Corpus Christi Page 11 Printed on 10/26/2018 City of Corpus Christi Meeting Minutes City Council Workshop Session 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Monday, October 15, 2018 2:00 PM American Bank Center Selena Auditorium Rotunda Room CITY COUNCIL, CORPUS CHRISTI TYPE B CORPORATION, AND CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION WORKSHOP ON TYPE B ECONOMIC DEVELOPMENT GUIDELINES A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 2:08 p.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. 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 Paulette Guajardo, Council Member Michael Hunter, Council Member Debbie Lindsey -Opel, Council Member Ben Molina, Council Member Everett Roy, Council Member Greg Smith, and Council Member Rudy Garza Absent 1 - Council Member Lucy Rubio Council Member Paulette Guajardo arrived at 2:10 p.m. Council Member Michael Hunter arrived at 2:33 p.m. C. Acknowledge Corpus Christi Regional Economic Development Corporation Board And Staff. Mayor McComb acknowledged Corpus Christi Regional Economic Development Corporation board members and staff. D. BRIEFINGS TO CITY COUNCIL: 1. Discussion of Type B Economic Development Guidelines. Mayor McComb referred to Item 1. City of Corpus Christi Page 1 Printed on 10/26/2018 City Council Workshop Session Meeting Minutes October 15, 2018 Chief Executive Officer (CEO) of the Corpus Christ Regional Economic Development Corporation (CCREDC) lain Vasey presented information on the following topics: the role of the Corpus Christi B Corporation (Type B) in economic development; the mission of the Corpus Christi Business and Job Development Corporation (Type A) and Type B; and vision. Assistant City Attorney Aimee Alcorn -Reed discussed the following topics: approved Type B ballot language (2016); the definition of primary jobs; eligible Type B projects that create or retain primary jobs and that do not create or retain primary jobs; and public hearing requirements for Type B projects. Mr. Vasey presented information on the following topics: guidelines for Type A & B; and the CCREDC's proposed Type B Guidelines. Council members and Type B's and CCREDC's board members discussed the following topics: the proposed Type B Guidelines & Criteria for Granting Business Incentives (Guidelines); the amount of Type A monies available for economic development; future areas of growth; Section 10 of the proposed Guidelines; North Beach economic development; the process for designating economic development funding for North Beach; simply following the statute for Type B expenditures versus using the proposed Guidelines; incentivizing economic development in certain areas of the city; encouraging economic development in blighted and struggling areas of the city; two kinds of reinvestment zones; state and federal standards; Community Development Block Grants; market driven projects versus community outreach projects that are proactive relative to infrastructure improvements; when and how the City Council identifies an economic development project; the comfort level in using the Type A Guidelines for Type B; bringing jobs to this general area versus targeting specific areas; the CCREDC vetting economic development projects first; examples of appropriate and inappropriate economic development projects; City Council overshadowing the economic development process; Sections 10 and 11 of the proposed Guidelines; that Section 10 may be political; Type A following its guidelines until Type A funds are exhausted; that Type A sales tax collection has ceased; that Type B sales tax funds are for both economic development and quality of life projects; that Section 9 of the proposed Guidelines is not tied to creating primary jobs; that Section 10 of the proposed Guidelines can be used for projects not yet contemplated; that applications for Type B funding turned down by the CCREDC will still be sent to Type B and City Council for infomational purposes; specifying the use of back - versus front-end loaded incentive agreements; specifying a minimum or maximum to be spent in relation to Section 10 of the proposed Guidelines; reviewing the proposed Guidelines in one year; opportunities to fund quality of life projects; a contractual requirement for awardees to replenish funds; projects' return on investment; revisiting the proposed Guidelines in six months; and leaving the proposed Guidelines, as presented. MOTION OF DIRECTION Mayor McComb made a motion directing the Interim City Manager to present Type B's proposed Guidelines, as presented, to the City Council for consideration, seconded by Council Member Lindsey -Opel, and passed unanimously (Council Members Hunter and Rubio - absent). E. ADJOURNMENT City of Corpus Christi Page 2 Printed on 10/26/2018 City Council Workshop Session Meeting Minutes October 15, 2018 The meeting was adjourned at 3:54 p.m. City of Corpus Christi Page 3 Printed on 10/26/2018 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 23, 2018 Action Item for the City Council Meeting of October 30, 2018 DATE: TO: September 13, 2018 Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Master Services Agreement Subsurface Utility Engineering (SUE) Services (Capital Improvement Program) CAPTION: Motion to authorize execution of a Master Services Agreement with Cobb, Fendley & Associates, Inc., of Corpus Christi, Texas for a period of 1 year in the amount of $300,000 with one optional 1 -year renewal to be administratively awarded for a total contract cost of $600,000 for Subsurface Utility Engineering (SUE) Services project. PURPOSE: This project provides subsurface utility survey services to identify potential conflicts with existing utility lines and appurtenances for construction projects. BACKGROUND AND FINDINGS: SUE services are critical to improve design accuracy for underground utilities to minimize costly construction delays and change orders. This contract was developed as a Master Service Agreement (MSA) to perform SUE services for various projects. SUE provides detailed underground utility survey information according to required quality levels. The American Society of Civil Engineers (ASCE) published Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data with four quality levels (A thru D): Project No: 18127A 1 PM/GH Legistar No.: 18-1207 - Quality Level D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections. QL-D is useful primarily for project planning and route selection activities. - Quality Level C involves surveying visible above ground utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). - Quality Level B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all subsurface utilities within a project's limits. - Quality Level A is the highest level of accuracy presently available providing precise plan and profile mapping of underground utilities through the actual exposure of underground utilities (usually at a specific point). This level also provides the type, size, condition, material and other characteristics of underground features. Exposure is typically achieved through hand digging or Hydro -Vacuuming. This item will provide SUE data that will be incorporated into design documents. Multiple Task orders will be issued for project specific SUE Services within a not to exceed amount of $300,000/year. This MSA supports Bond and other approved City projects. The scope includes data collection (as-builts and record drawings), site investigations, hydro -excavation of existing underground utilities to determine appropriate information for each quality level with submission of a final report for the design engineer. This project is proposed as a multiple year program with a base year plus one optional one-year renewal. Future Task orders and renewal of option year will be administratively approved by the City Manager or designee upon satisfactory performance by Cobb, Fendley & Associates, Inc. ALTERNATIVES: 1. Authorize execution of the Master Services Agreement. (Recommended) 2. Do not authorize execution of the Master Services Agreement. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Cobb, Fendley & Associates, Inc., was selected by RFQ 2018-01. Conforms to FY 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department Project No: 18127A 2 PM/GH Legistar No.: 18-1207 FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 315,500 315,500 Encumbered / Expended Amount This item 300,000 300,000 Future Anticipated Expenditures This Project 15,500 15,500 BALANCE 0 0 Fund(s): Water Utilities Department RECOMMENDATION: City staff recommends award of the MSA to Cobb, Fendley & Associates, Inc. for Subsurface Utility Engineering Services. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Contract Project No: 18127A 3 PM/GH Legistar No.: 18-1207 PROJECT BUDGET ESTIMATE SUBSURFACE UTILITY ENGINEERING SERVICES Capital Improvement Program PROJECT FUNDS AVAILABLE: Water CIP Fund $ 105,166 Wastewater CIP Fund 105,167 Storm Water CIP Fund 105,167 TOTAL 315,500 FUNDS REQUIRED: Fees: Engineering (Cobb, Fendley & Associates). $ 300,000 Reimbursements 15,500 Contract Administration (Engineering/Finance/Capital Budget) 6,000 Engineering Services (Project Mgt/Constr Mgt) 9,000 Misc. (Printing, Advertising, etc.) 500 TOTAL $ 315,500 ESTIMATED PROJECT BUDGET BALANCE $0 CITYWIDE PROJECT SCALE: N.T.S. LOCATION MAP NOT TO SCALE Project Number: 18127A SUBSURFACE UTILITY ENGINEERING (SUE) MASTER SERVICES AGREEMENT CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Crrr sti Engineering Subsurface Utility Engineering (SUE) Services Council Presentation October 23, 2018 Project Location Corpus Chr•sti Engineering Subsurface Utility Engineering (SUE) Master Services Agreement N SCALE: N.T.S. 2 Project Scope Corpus Carr sti Engineering This item will provide SUE services for City projects that will be incorporated into design documents. Multiple task orders will be issued for project specific SUE Services within a not to exceed amount of $300,000/year. This MSA supports the Bond 2018 and other approved City projects. This is a MSA with one (1) base year plus one (1) option year for SUE services. SUE Services are critical to minimize costly delays and change orders. Scope includes: ➢ Data collection and analysis (record drawings) ➢ Site investigations ➢ Hydro -excavation of existing underground utilities ➢ Submission of final report with data as required for specified quality levels: ➢ Level D: basic information from record documents ➢ Level C: site investigation/survey for above ground verifications ➢ Level B: determination/verification of utility and horizontal position ➢ Level A: highest level with detailed position info with type, size, etc. Project Schedule Corpus Chir sti Engineering 2018 2019 N D J F M A M J J A S 0 SUE Services Projected Estimate: 365 Calendar Days = 12 months CITY OF CORPUS CHRISTI MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES 18127A Subsurface Utility Engineering (SUE) Services 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 Cobb, Fendley & Associates, Inc., a Texas Corporation, 505 E. Huntland Drive, Suite 100, Austin, Texas 78752 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER 2 ARTICLE II COMPENSATION 3 ARTICLE III QUALITY CONTROL PLAN 4 ARTICLE IV INSURANCE REQUIREMENTS 4 ARTICLE V INDEMNIFICATION 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE 5 ARTICLE VII TERMINATION OF AGREEMENT 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT 6 ARTICLE IX OWNER REMEDIES 6 ARTICLE X CONSULTANT REMEDIES 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION 7 ARTICLE XII MISCELLANEOUS PROVISIONS 9 EXHIBITS K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 1 of 12 ARTICLE I — PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant, as shown in Exhibit A. Each properly executed Task Order shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant's team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City's General Conditions for Construction Contracts, an excerpt of which is attached as Exhibit E. 1.9 For projects that require subsurface utility investigation: 1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.9.2 Utilities that should be identified include, but are not limited to, City -owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 2 of 12 ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $300,000. 2.2 The Consultant's fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not -to -exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule with their proposal. The rate schedule shall remain confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. 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. 2.5 Monthly invoices will be submitted in accordance with the Payment Request, attached as Exhibit C. For 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 in compliance with the Texas Prompt Payment Act. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual's time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: 2.7 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.8 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.9 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 3 of 12 DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $300,000 Task 1 — TBD TBD Task 2 — TBD TBD Task 3 — TBD TBD Task 4 — TBD TBD Task 5 — TBD TBD Task 6 — TBD TBD 2.7 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.8 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.9 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 3 of 12 provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. ARTICLE III — QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) as needed. 3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE IV — INSURANCE REQUIREMENTS 4.1 Consultant must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person's agent, employee or subconsultant, over which the City exercises control ("Indemnitee") from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City's reasonable attorney's fees in proportion to the Consultant's liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant's activities under this Agreement. K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 4 of 12 ARTICLE VI — TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 This service shall be for a period of 1 -year beginning on the Effective Date. The Agreement may be renewed for up to one 1 -year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially completed work as "Draft" and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 5 of 12 Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII — RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City's election, all of Consultant's records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 "Consultant's records" include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City's judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant's records only during City's regular business hours. Upon reasonable prior notice, Consultant agrees to allow City's designee access to all of Consultant's records, Consultant's facilities and Consultant's current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX — OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 6 of 12 documents. 9.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non -value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non -value added work costs incurred by the City; and (4) Deadline for Consultant's response. 9.4 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X — CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 7 of 12 diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties' senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator's fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 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 in this Agreement. 11.4 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 8 of 12 ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee 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. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City's sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City's goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_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. K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 9 of 12 12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 12.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. 12.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with Articles I - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI COBB, FENDLEY & ASSOCIATES, INC 10/05/2018 Keith Selman Date Dan W , P. E. Date Interim City Manager Regional Manager 505 E. Huntland Drive, Suite 100 Austin, TX 78752 RECOMMENDED (512) 834-9798 Office dwarth@cobbfendley.com Mark Van Vleck Date Assistant City Manager Valerie H. Gray, P.E. Date Executive Director of Public Works Jeff H. Edmonds, P.E. Date Director of Engineering Services APPROVED AS TO LEGAL FORM Assistant City Attorney Date K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 10 of 12 ATTEST Rebecca Huerta Date City Secretary K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 11 of 12 Subsurface Utility Engineering (SUE) Services (Project No. 18127A) Funding info will be provided upon execution of Task Order No. 1. Project Number N/A Accounting Unit N/A Account N/A Activity N/A Account Category N/A Fund Name N/A K:\Engineering Projects Data Management\18127A Subsurface Utility Engineering (SUE) Services\3. AE Agreement\AE Agreement Master Services Agreement Page 12 of 12 EXHIBIT A SAMPLE TASK ORDER AGREEMENT This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and "Company Name" (Consultant) dated , 2016 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: 1. PROJECT DESCRIPTION 2. SCOPE OF SERVICES 3. COMPENSATION This Task Order is approved, and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI ENGINEERING, INC Jeff H. Edmonds, P. E. Director of Engineering Services RECOMMENDED Date Name Vice President Address Corpus Christi, TX 784XX (361) XXX-XXXX Office Operating Department Date Date EXHIBIT A SAMPLE TASK ORDER AGREEMENT Page 1 of 2 Subsurface Utility Engineering (SUE) Services (Project No. 18127A) Funding info will be provided upon execution of Task Order No. 1. Project Number N/A Accounting Unit N/A Account N/A Activity N/A Account Category N/A Fund Name N/A EXHIBIT A SAMPLE TASK ORDER AGREEMENT Page 2 of 2 CobbFendley June 15th, 2018 Sarah West, P.E., CFM Major Projects Engineer Engineering Services City of Corpus Christi VIA E-MAIL Re: RFQ No. 2018-01 — SUE Services MSA (contract # pending) Dear Ms.West, CobbFendley is pleased to propose this attached scope of services and basis of compensation for the Subsurface Utility Engineering (SUE) Services MSA as referenced above. CobbFendley understands this contract will take the form of a Master Services Agreement, under which task orders will be issued. This proposal is based on information obtained during our meeting on June 8th and your subsequent email on June 15th 2018 Please do not hesitate to contact us again if we can assist the City of Corpus Christ in any way. We look forward to working with you. Sincerely, COBB, FENDLEY & ASSOCIATES, INC. Richard Clarke Project Manager Exhibit B Page 1 of 3 CobbFendley August 9th 2018 RFQ No. 2018-01 Capitol Improvement Projects— SUE Services MSA (contract # pending) Scope of Services The purpose of the Subsurface Utility Engineering (SUE) Services MSA referenced above is to assist the City of Corpus Christi Engineering Services Dept. by providing SUE for upcoming projects. SUE information allows the City and its engineering consultants to be aware of and take account of utility issues early in the development of a project. This minimizes utility related re -designs, unanticipated stoppages and relocation costs. It also enhances on site safety. CobbFendley will provides these services to the City in a phased approach following the ASCE 38-02 "The Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data"- see below. Utility Quality Levels are used to define the range of SUE provided. In cumulative order (least to greatest) they are: Quality Level D - Existing Records: Utilities are plotted from review of available existing records Quality Level C - Surface Visible Feature Survey: Quality Level "D" information from existing records is correlated with surveyed surface -visible features. Quality Level B - Designate: Two-dimensional horizontal mapping. This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Utility indications may be referenced to established survey control. Additional description of services, methodology and equipment is below. Quality Level A - Locate (Test Hole): Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey control) utility/environment data. Additional description of services, methodology and equipment is below. At the request of the City of Corpus CobbFendley shall: • Perform Utility Designating (Level B SUE) to accurately identify and verify horizontal utility positions. This assists in identifying potential utility conflicts • Perform Utility Locating (Level A SUE) to obtain utility depth information. This assists in resolving potential conflicts. Utility Designating (Level B SUE) CobbFendley Shall 1. Coordinate with City of Corpus Christi to schedule work. The City will provide permission or permits to perform work, or right of entry to property and any utility easements. Determine with the City the need for traffic control. CobbFendley shall provide traffic control or through subcontract if required. 2. Perform Record Research (Level D SUE) by contacting utility owners, The City, property owners and other stake holders to request utility information. This will assist CobbFendley in identifying utilities and marking them in the field. 3. Designate (means to mark and record) the horizontal location of the existing tone -able utility facilities using non- destructive surface geophysical techniques. Tone -able utilities are typically utilities that are conductive or internally accessible with a traceable fish tape or sonde. Water and communication vaults can typically be investigated from above ground. Cobb Fendley does not enter buried power vaults or manholes. Exhibit B Page 2of3 CobbFendley 4. Where possible use Ground Penetrating Radar (GPR). Under ideal circumstances nonconductive buried lines can be investigated successfully with GPR. Soil conditions in Texas are however generally not suitable for GPR. CobbFendley has had success using GPR for SUE work, but non-conductive features can remain undetected. 5. Mark identified utilities using a non -water base paint and pin flags, utilizing the APWA color code scheme. CobbFendley will provide a field sketch of designated utilities. 6. If required survey SUE field markings and above ground utility features, tie to existing project survey control and plot on project base topo map. CobbFendley will review this utility map and compare with as -built information and field work. Discrepancies resolved using professional judgement. 7. Provide letter report summarizing work performed. 8. Based on the Level B SUE information and proposed designs, assist the City of Corpus in determining utility conflict locations and appropriate locations for vacuum excavation test holes to assist in resolving these potential conflicts. Vacuum Excavation (Level A) CobbFendley Shall: In locations where the depth of identified buried utilities is required, perform FHWA Level A vacuum test holes. Holes are excavated using a nondestructive compressed air vacuum excavation truck. Vacuum excavation shall be performed as follows: 1) Comply with regulations, and/or policies for the prevention of underground utility damage (i.e., one -call system). Coordinate with Development Services to schedule work. The City of Corpus will provide permission and permits to perform work. CobbFendley shall provide traffic control or through subcontract if required. 2) Vacuum excavate to measure and record the depth and location of found items. CobbFendley accepts no responsibility for contaminated soils should they be encountered during excavation. CobbFendley does not take ownership of any excavated material. 3) Record depth of the utility, line size, line material, condition of the line, type of soil around the line. Provide markers at each utility location. 4) Backfill the hole. Compact in lifts. Restore pavement. 5) If required survey utility test hole locations. Survey will be tied to existing project survey control, 6) Provide drafting to produce test holes data sheets showing utility depth, size and line material, condition of the line, type of soil for each test hole location surveyed. Test hole data sheets include a "snapshot' from the CAD file showing test hole location and photographs of test hole and found utilities. Basis of Compensation The above scope of services will be provided on a Task Order basis. CobbFendley will not start project work without an approved Task Order from the City. The value of the 2018 SUE Services MSA is anticipated to be $300,000.00 Exhibit B Page 3of3 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 Sample form for: Payment Request AE Contract Revised 02/01/17 Total Current Previous Total Remaining Percent 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 Invoice Invoice 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). 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 C Page 1 of 1 EXHIBIT D Insurance Requirements Pre -Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant shall be required to submit a copy of the replacement certificate of EXHIBIT D INSURANCE REQUIREMENTS Page 1 of 2 insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non -renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non -renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT D INSURANCE REQUIREMENTS Page 2 of 2 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1— Definitions and Terminology 2 Article 2 — Preliminary Matters 8 Article 3 — Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 —Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 10 Article 7 — Contractor's Responsibilities 10 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 Article 13 — 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 Article 25 — Shop Drawings 17 Article 26 — Record Data 20 Article 27 — Construction Progress Schedule 21 Article 28 — Video and Photographic documentation 21 Article 29 — Execution and Closeout 21 Article 30 — Miscellaneous 22 Excerpt from Form 00 72 00 General Conditions — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor's job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor's knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. 1. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from Form 00 72 00 General Conditions — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E 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.B 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 — 2 Rev 18-2 Exhibit E 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 — 2 Rev 18-2 Exhibit E Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and S. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 — MISCELLANEOUS END OF SECTION Excerpt from Form 00 72 00 General Conditions — 2 Rev 18-2 Exhibit E Page 22 of 22 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 23, 2018 Action Item for the City Council Meeting of October 30, 2018 DATE: TO: October 5, 2018 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 Amendment No. 1 Seawall Capital Repairs (CIP - Type A) CAPTION: Motion to authorize execution of Amendment No. 1 to a professional services contract with Munoz Engineering of Corpus Christi, Texas in the amount of $91,213 for a total restated fee of $108,493 for the Seawall Capital Repairs project. PURPOSE: This amendment provides design services, which will result in a construction contract to repair the Downtown Seawall structure and miradors. BACKGROUND AND FINDINGS: The Downtown Seawall must be inspected and repaired on a regular schedule, so it maintains its intended function to protect the downtown area from storm surge. Major reconstruction of the Downtown Seawall was completed in 2006, and subsequent minor repairs were completed in Project No: E17041 1 SW/LH Legistar No.: 18-1268 Rev. 1 — 10/01/2018 2014. Providing minor, routine repairs can defer potentially costly major structural reconstruction efforts. The original contract assessed the current condition of the Seawall through a visual inspection and provided recommendations for repairs. This amendment provides design services, which will result in a construction contract to repair the Downtown Seawall structure and miradors. Basic Services: • Design - Preparing construction plans and specifications for concrete spall repairs, joint sealing, crack repairs, pitting and honey combing repairs, and mirador repairs if necessary • Bid Phase - Pre-bid conference, response to pre-bid questions, tabulating the submitted bids, and preparing a recommendation concerning contract award • Construction Administration — pre -construction meeting, submittal reviews, limited inspections, and preparing as -built drawings Additional Services: • Mirador Inspection (was excluded from the original inspection) • Mirador repair design (if required based on inspection) ALTERNATIVES: 1. Authorize execution of the Amendment. (Recommended) 2. Do not authorize execution of the Amendment. (Not Recommended) OTHER CONSIDERATIONS: This item was presented to the Corpus Christi Business and Job Development Corporation (Type A Board) on October 15, 2018. They voted to recommended City Council approve this contract. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Type A Board Parks and Recreation Department Marina Project No: E17041 2 SW/LH Legistar No.: 18-1268 Rev. 1 — 10/01/2018 FINANCIAL IMPACT: ❑ Operatin ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 500,000 500,000 Encumbered / Expended Amount 17,280 17,280 This item 91,213 91,213 Future Anticipated Expenditures This Project 26,500 26,500 BALANCE 365,007 365,007 Fund(s): Type A Funds RECOMMENDATION: City Staff recommends the execution of Amendment No. 1 to the professional services contract with Munoz Engineering. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment No. 1 Project No: E17041 3 SW/LH Legistar No.: 18-1268 Rev. 1 — 10/01/2018 PROJECT BUDGET ESTIMATE Seawall Capital Repairs Capital Improvement Program - Type A PROJECT FUNDS AVAILABLE: Type A Sales Tax 500,000 TOTAL FUNDS AVAILABLE $ 500,000 FUNDS REQUIRED: Construction Fees. TBD Construction TBD Contingency (10%) TBD Construction Inspection and Testing Fees. TBD Construction Inspection TBD Construction Phase - Materials Testing Services (Estimate) TBD Design and Geotechnical Fees. 108,493 Engineering Design (Munoz Engineering) Amendment No. 1 (THIS ITEM) . 91,213 Preliminary Design (Munoz Engineering) 17,280 Reimbursements. 26,500 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget) 10,000 Engineering Services (Project Mgt) 15,000 Misc. (Printing, Advertising, etc.) 1,500 TOTAL 134,993 ESTIMATED PROJECT BUDGET BALANCE 365,007 sv NUECES BAY 181 SHIP CHAN CORPUS CHRISTI I� , LEOPARD 14 Project Location 358 CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI SCALE: N.T.S. LOCATION MAP NOT TO SCALE Project Number: E17041 Seawall Capital Repairs CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES 358 CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI SCALE: N.T.S. LOCATION MAP NOT TO SCALE Project Number: E17041 Seawall Capital Repairs CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Seawall Capital Repairs (CIP - Type A) illii&it4 Corpus Chr sti Engineering Council Presentation October 23, 2018 Project Location Corpus Chr sti Engineering Seawall Capital Repairs CORPUS CHRISTI BAY SCALE: N.T.S. 2 Project Vicinity Corpus Chr sti Engineering 3 Project Scope Corpus Chr'sti Engineering • This amendment provides design services for construction documents to repair the Seawall structure and miradors • Downtown Seawall must be inspected and repaired on a regular schedule ➢ Routine repairs can defer potentially costly major structural reconstruction efforts ➢ Major reconstruction completed in 2006 ➢ Subsequent minor repairs completed in 2014 • Original contract inspected the Seawall and provided recommendations for repairs Project Schedule Corpus Chr'sti Engineering 2018 2019 2020 I 0 N D J F M A M J J A S 0 N D J F MI Design Bid/ Award Construction mii Projected Schedule reflects City Council award in October 2018 with anticipated completion in March 2020. Corpus Chr sti Engineering Questions? CITY OF CORPUS CHRISTI Amendment No 1 to the CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) E17041 - Seawall Capital Repairs 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 Munoz Engineering, LLC., 1608 S. Brownlee, Corpus Christi, Nueces, Texas, 78404 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES 2 ARTICLE II QUALITY CONTROL 3 ARTICLE III COMPENSATION 3 ARTICLE IV TIME AND PERIOD OF SERVICE 4 ARTICLE V OPINIONS OF COST 5 ARTICLE VI INSURANCE REQUIREMENTS 5 ARTICLE VII INDEMNIFICATION 5 ARTICLE VIII TERMINATION OF AGREEMENT 6 ARTICLE IX RIGHT OF REVIEW AND AUDIT 7 ARTICLE X OWNER REMEDIES 7 ARTICLE XI CONSULTANT REMEDIES 8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION 8 ARTICLE XIII MISCELLANEOUS PROVISIONS 9 EXHIBITS Contract for Professional Services Page 1 of 11 ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits Aand A 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 $91,213.00 for a total not to exceed $108,493.00. 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. 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 BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate "Final Bill — no additional compensation is due to Consultant." 3.9 City may withhold compensation to such extent as may be necessary, in City's opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant's work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work 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 y ars bcginning on the Effcctivc Datc. The Agrccmcnt may be renewed for up to one year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approvcd changes. 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) (2) (3) Summary of facts with supporting documentation; Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; 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 contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorney's fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY'S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII — MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. 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. Contract for Professional Services Page 10 of 11 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant -prepared Exhibit A, Consultant's Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I -XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI MUNOZ ENGINEERING, LLC. Jeff H. Edmonds, P.E. Date Ramiro Munoz, P.E., MLSE Director of Engineering Services Principal/Project Manager 1608 S. Brownlee Blvd Corpus Christi TX 78404 (361) 946-4848 ram@munozengrg.com APPROVED Assistant City Attorney Date ATTEST City Secretary Date Date Fund Name Accounting Unit Account No. Activity No. Amount Seawall System CIP 3271-707 550950 E17041-01-3271- EXP $91,213.00 Total $91,213.00 Contract for Professional Services Page 11 of 11 MUNOZ ENGINEERING TBPE FIRM No. 12240 Practical Engineering Solutions September 27, 2018 City of Corpus Christi - Engineering Department 2406 Leopard Street Corpus Christi, Texas 78469 Attn: Sarah West, PE — Project Manager Re: Proposal for Engineering Services E17041 Seawall Capital Repairs — Amendment No. 1 Ladies & Gentlemen: Munoz Engineering, LLC (ME, LLC) is pleased to submit this proposal for engineering and inspection services. Engineering and Inspection shall be performed in accordance with adopted design codes for the City of Corpus Christi. ME, LLC proposes to perform said services and all acts attendant thereto with a reasonable standard of care. Our proposed scope of work is as follows: Basic Services: Design • Prepare Construction Repair Plans for the Major, Moderate, and Minor referenced in ME Letter Report, Entitled: Letter Report — Assessment of Seawall at Ocean Drive in City Standard Format. o Cover Sheet, Notes, and Inspection Schedule — 4 Sheets o Existing Condition Plan(s) — 22 Sheets o Proposed Repair Location Plan(s) — 22 Sheets o Sections and Details — 2 Sheets o Concrete Repair Details — 4 Sheets • All repair designs will be in accordance with the American Concrete Institute (ACI) Code. • All drawings will be prepared using AutoCAD 2015. • Hold a 60% review meeting and provide meeting agenda with minutes to attendees within five (5) working days of the meeting. • Furnish two (2) printed and one (1) electronic copy of the 60%, 90%, and 100% submittals for review by City with one (1) printed and one (1) electronic copy of the Final sign and sealed submittal following City acceptance. • Hold a 60% review meeting and provide meeting agenda with minutes to attendees within five (5) working days of the meeting. Bid Services • Participate in the pre-bid meeting and provide an agenda for an explanation of the Scope of Work and elements that impact the project. • Assist the City in solicitation of bids by identification of prospective bidders. • Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. 1608 S. BROWNLEE BLVD * CORPUS CHRISTI, TX 78404 * (0) 361-946-4848 * (F) 361-265-056EXHIBIT A Page 1 of 4 MUNOZ ENGINEERING TBPE FIRM No. 12240 Practical Engineering Solutions • Attend bid opening, review bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. • In the event the lowest responsible bidders, bid exceeds the project budget as revised by the Engineering Services in accordance with the design phase estimate, Munoz Engineering will, at additional cost to the original contract, confer with City staff and make revisions to bid documents for re -advertisement of project for bidding. Construction Administration Services • Participate in pre -construction conference and provide an agenda to review the construction plans only. • Perform submittal review for repair materials and methods of concrete repair and installation. • Review and interpret field and laboratory testing. • Perform Weekly Inspections limited up to thirty-two (32) inspections. • Attend final inspection with City staff and provide punch list items to City engineering staff. • Review Contractor provided construction red -line or as -built drawings. Prepare Project record drawings and provide a reproducible set and electronic file using AutoCAD 2013 within two (2) months of final acceptance of the project. Additional Services (Authorization Required): Mirador Inspection • Perform an onsite inspection for the various Miradors along the seawall. • Prepare an inspection report outlining what was discovered during the visual inspection by means of text and pictures that shall be reviewed by City with one (1) revision based upon City comments. Mirador Repair Design • Include Mirador Repairs in the Basic Services construction documents contingent upon completion of onsite inspections. Mirador Repairs Construction Administration Services • Two (2) meetings with City Staff to discuss findings overall Scope of Repairs, and maintenance cycles. • Perform Weekly Inspections limited up to an additional twelve (12) inspections. 1608 S. BROWNLEE BLVD * CORPUS CHRISTI, TX 78404 * (0) 361-946-4848 * (F) 361-265-056EXHIBIT A Page 2 of 4 MUNOZ ENGINEERING TBPE FIRM No. 12240 Practical Engineering Solutions ME, LLC proposes to perform the scope of work for Amendment No. 1 for a lump sum fee of $91,213.00 for a total fee not to exceed $108,493.00 as shown in the table below. Description Original Contract Amendment No. 1 Total Contract Basic Services Preliminary Phase $ 17,280.00 $ - $ 17,280.00 Design Phase $ - $ 30,300.00 $ 30,300.00 Bid Services $ - $ 2,504.00 $ 2,504.00 Construction Admin Services $ - $ 26,750.00 $ 26,750.00 Basic Services Subtotal: $ 17,280.00 $ 59,554.00 $ 76,834.00 Additional Services (Authorization Required) Mirador Inspection $ - $ 7,000.00 $ 7,000.00 Mirador Repair Design $ - $ 16,510.00 $ 16,510.00 Mirador Repair Construction Admin Services $ - $ 8,149.00 $ 8,149.00 Additional Services Subtotal: $ - $ 31,659.00 $ 31,659.00 Total Authorized Fee $ 17,280.00 $ 91,213.00 $ 108,493.00 *Fees do not include Material Testing We appreciate the opportunity to assist you in this matter and if you have any comments or questions please contact call me at (361) 946-4848 or e-mail me at ram@munozengrg.com Sincerely, MUNOZ ENGINEERING TBPE FIRM No. F-12240 Ramiro Munoz'III, PE, MLSE Principal/Project Manager Attachments For payment services, invoice to: Firm: Attn: Address: Title: City: State: Zip Code: Phone: Fax: Email Address: ** Payment is due upon receipt of the invoice. Please remit to the above address and reference your invoice number on payment. 1608 S. BROWNLEE BLVD * CORPUS CHRISTI, TX 78404 * (0) 361-946-4848 * (F) 361-265-056EXHIBIT A Page 3 of 4 PROJECT SCHEDULE Date Activity Receipt of Executed Contract Review As -Built Information Two (2) Weeks after NTP Begin Preliminary Design Two (2) Weeks after Beginning Design 60% Design Submittal Three (3) Weeks City Review Three (3) Weeks after Receipt of City Comments 90% Design Submittal Three (3) Weeks City Review Four (4) Weeks after Receipt of City Comments 100% Design Submittal Three (3) Weeks City Review Two (2) Weeks after Receipt of City Comments Final Design Submittal Two (2) Weeks after Final Design Submittal Advertise for Bids Two (2) Week after Advertisement for Bids Pre-bid Conference One (1) Week after Pre-bid Conference Receive Bids Four (4) Weeks after Receipt of Bids Contract Award Four (4) Weeks after Contract Award Begin Construction Approximately Thirty (30) Weeks Complete Construction Mirador Inspection and Design will add approximately three (3) weeks to the project schedule EXHIBIT A Page 4 of 4 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). ▪ m ✓ x cQ CD o - W 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% $9,997.00 23.1% EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/hr) Project Consultant: CAD Technician: Clerical: Other — specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other — specify: Add additional subconsultants as needed. Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT C Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with 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, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim 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 Article 2 — Preliminary Matters 8 Article 3 — Contract Documents: Intent, Requirements, Reuse 8 Article 4 — Commencement and Progress of the Work 9 Article 5 —Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions 9 Article 6 — Bonds and Insurance 10 Article 7 — Contractor's Responsibilities 10 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 Article 13 — 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 Article 25 — Shop Drawings 17 Article 26 — Record Data 20 Article 27 — Construction Progress Schedule 21 Article 28 — Video and Photographic documentation 21 Article 29 — Execution and Closeout 21 Article 30 — 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. 1. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14 — PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 — COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 — PAYMENTS TO CONTRACTOR; SET -OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 — SUSPENSION OF WORK AND TERMINATION ARTICLE 19 — PROJECT MANAGEMENT ARTICLE 20 — PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 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.B 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 S. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work 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 rr�rr� City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following 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: P. O. BOX: STREET ADDRESS: FIRM IS: 1. Corporation 4. Association CITY: ZIP: 2. Partnership 5. Other 3. Sole Owner ❑ 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 Depai huent (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 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 23, 2018 Action Item for the City Council Meeting of October 30, 2018 DATE: October 23, 2018 TO: Keith Selman, Interim City Manager FROM: Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2@cctexas.com (361) 826-3169 Uniform Purchase for Gas Department CAPTION: Motion authorizing the purchase of uniforms for the Gas Department with Cintas Corporation from Corpus Christi, Texas, via U.S. Communities cooperative, for a total amount not to exceed $122,795.50. PURPOSE: This purchase will allow the Gas department to purchase uniforms for current and temporary employees. BACKGROUND AND FINDINGS: The items to be purchased will include pants, shorts and long-sleeved shirts and jackets. The price per item includes: hemming of trousers and sewing of patches. There will be no freight or service charges. These services were procured through the U.S. Communities cooperative which provides the best pricing for the City for these needed uniforms. 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: Gas Operations FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $124,837.06 $0.00 $124,837.06 Encumbered / Expended Amount $1,927.49 $0.00 $1,927.49 This item $122,795.50 $0.00 $122,795.50 BALANCE $114.07 $0.00 $114.07 Fund(s): Gas Comments: The amount is not to exceed $122,795.50. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price List ciritAs® REAEYY FSR THE WORKDAY' PRICE SHEET CITY OF CORPUS CHRISTI - GAS DEPARTMENT U.S. Communities Contract #12-JLH-011C Item # Item Description Color List Price Discount U.S. Communities Unit Price Qty Extended Price ' 258MH-70 FR Workshirt Khaki $ 83.99 10% $ 75.59 730 $ 55,180.70 65467 Wrangler Jean Denim $ 24.99 10% $ 22.49 270 $ 6,072.30 71445 Wrangler Jean Denim $ 27.99 10% $ 25.19 420 $ 10,579.80 110NX-60 Industrial Coverall Navy $ 156.99 10% $ 141.29 75 $ 10,596.75 320NX-60 Bomber Jacket Navy $ 230.99 10% $ 207.89 57 $ 11,849.73 530NX-45 Jacket/Liner Black $ 222.99 10% $ 200.69 58 $ 11,640.02 112 Richardson Trucker Twill Mesh Snapback Gray/Red $ 6.99 10% $ 6.29 155 $ 974.95 CP90L Fleece -Lined Knit Cap Athletic Oxford $ 4.99 10% $ 4.49 155 $ 695.95 1975 Pinpoint Oxford Shirt Assorted $ 35.99 10% $ 32.39 16 $ 518.24 73531 North Face Tech Stretch Soft -Shell Jacket (S -XL) Black $ 104.99 10% $ 94.49 9 $ 850.41 73531 North Face Tech Stretch Soft -Shell Jacket (2XL-3XL) Black $ 112.99 10% $ 101.69 5 $ 508.45 OG101 Men's Polo (XS -XL) Assorted $ 31.99 10% $ 28.79 20 $ 575.80 Men's Polo (2XL) Assorted $ 33.99 10% $ 30.59 6 $ 183.54 Men's Polo (3XL) Assorted $ 37.99 10% $ 34.19 6 $ 205.14 Men's Polo (4XL) Assorted $ 39.99 10% $ 35.99 6 $ 215.94 LOG101 Women's Polo (XS -XL) Assorted $ 31.99 10% $ 28.79 26 $ 748.54 Women's Polo (2XL) Assorted $ 33.99 10% $ 30.59 4 $ 122.36 Women's Polo (3XL) Assorted $ 37.99 10% $ 34.19 2 $ 68.38 Women's Polo (4XL) Assorted $ 39.99 10% $ 35.99 0 $ - Name Emblem $ 3.95 10% $ 3.55 974 $ 3,457.70 Company Emblem $ 4.95 10% $ 4.45 974 $ 4,334.30 Flag Emblem $ 2.00 974 $ 1,948.00 Embroidery - Gas Log $ 4.95 10% $ 4.45 240 $ 1,068.00 Embroidery - CNG Log $ 4.95 10% $ 4.45 90 $ 400.50 GRAND TOTAL $ 122,795.50 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 23, 2018 Second Reading for the City Council Meeting of October 30, 2018 DATE: September 26, 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 15621 and 15625 South Padre Island Drive CAPTION: Case No. 0918-02 Rakesh Patel: Request for rezoning property at or near 15621 and 15625 South Padre Island Drive from "CR-2/IO" Resort Commercial District with the Island Overlay to the "IL" Light Industrial District. PURPOSE: The purpose of this item is to allow for the operation of a landscaping business including outdoor storage. RECOMMENDATION: Planning Commission and Staff Recommendation (September 19, 2018): Denial of the change of zoning from the "CR-2/IO" Resort Commercial District with the Island Overlay to the "IL" Light Industrial District, in lieu thereof, approval of the "CR- 2/IO/SP" Resort Commercial District with the Island Overlay and with a Special Permit (SP) with conditions. Vote Results: For: 6 Opposed: 1 Absent: 2 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for high density residential uses. The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ii1i Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0918-02 Rakesh Patel: Ordinance rezoning property at or near 15621 and 15625 South Padre Island Drive from "CR-2/IO" Resort Commercial District with the Island Overlay to the "CR-2/IO/SP" Resort Commercial District with the Island Overlay and a Special Permit. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Rakesh Patel, Lina Patel, and Daxa Kumar ("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, September 19, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CR -2/I0" Resort Commercial District with the Island Overlay to the "IL" Light Industrial District, in lieu thereof, approval of the "CR-2/10/SP" Resort Commercial District with the Island Overlay and a Special Permit (SP) with conditions and on Tuesday, October 23, 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 Rakesh Patel, Lina Patel, and Daxa Kumar ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Lots 5A and 6A, Block 15, Padre Island located on the west side of South Padre Island Drive, south of Whitecap Boulevard, and north of Encantada Avenue (the "Property"), from the "CR - 2/10" Resort Commercial District with the Island Overlay to the "CR-2/10/SP" Resort Commercial District with the Island Overlay and with a Special Permit (Zoning Map No. 029024), as shown in Exhibits "A" and "B". Exhibit A, which is a map of the property, and Exhibit B, which is a site plan, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC) in Section 5.1.5.B "Warehouse and Freight Movement" except bus barn, coal and coke storage and sales, food locker, household moving and general freight storage, milk distributing station, produce and storage warehouse, truck or transfer terminal, and warehouse used for storage of retail goods. 2. Outdoor Storage: Outdoor storage is permitted and must remain screened at all times. Storage includes trailers, construction equipment, aggregate materials, and other items related to a landscaping business. Piles of loose aggregate materials shall be no taller than 6 -feet in height. Any dumpsters must be screened from view of the public. 3. Screening Fence: A solid screening fence at minimum of six (6) feet shall be installed and maintained to provide a visual barrier around the perimeter of the property. 4. Landscaping: Landscaping shall be installed in accordance with the requirements of the Unified Development Code (UDC) along South Padre Island Drive (Park Road 22). 5. Lighting: All lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 6. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 7. Hours of Operation: Business may only be conducted daily between the hours of 6:00 AM to 9:00 PM. All deliveries must occur within these operating hours. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Island Overlay: The construction or installation of a storage shed as identified shall be exempt from the conditions of the Island Overlay as described in Section 6.4 of the Unified Development Code (UDC). Construction or installation of an office shall conform to the requirements of the Island Overlay. 10. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, a certificate of occupancy or a letter of UDC compliance has been issued, 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. C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@885CA84F\@BCL@885CA84F.docx Page 2 of 6 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\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@885CA84F\@BCL@885CA84F.docx Page 3 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 City Secretary Joe McComb Mayor C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@885CA84F\@BCL@885CA84F.docx Page 4 of 6 c 5 4 73 16 MERIDA DR 17 12 T5 i/f -f4 2 0 SUBJECT PROPERTY FR f0 BEACH ACCESS 5 RD Dam Cla1laa:62112012 Prapl as Hy: 2241+ LapartmallrorpowlopmarSamegg CASE: 0918-02 ZONING & NOTICE AREA RIF -1 Mu111ark111 NI -2 Me1fai1112 aM-I M.Raa111y2 on Prole eeWar Olb• RN i w Me.amis AT .1-1 1Nlaeaorlo00 Comm.r(121 • rlaneorwoe Commeru21 CR -1 R1 co!! Commer21.1 CR -2 Re eon commero4a3 CO -1 0.ertl Comm. ro141 CO -2 Omer al Co mot Ma CI MORN. C ennl total CRC weiew o Y est -2I Ib wrl Ce nerolal FR .1•11.11.1 H Nalab0l.,lry Fr EaaIMoee Park IL 0511 Mannlll - !•I Ind. .lrlr RIO 1.20 ael px OxwYy =-nils 10 RI -0 _ RI -i5 ie y•••' FE 1®1 BL+RC V !' 4 2 Omen n12211421 21 4Orriers s'p SOle A nmlcumn C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\©BCL©885CA84F\@BCL©885CA84F.docx Page 5 of 6 5€25 5n, ti D. 1-7. OFA a)taP TE _T��tR=�14At•y "Tc.Afa• r �T�xiSni KG ffff 172€€'5 - 72EEj --)5V.AR -17AR-Fo MRI Fs IT(.51 ClAiE i�f='sVE�fq� ra�wa wcsz R �iqV VJee.0.1) s]1TcH [co' ALA.rc w�ty R6uU 'jF fa ,�,FJ LL`I C.' -) FR k,--nkIr Coit H) xuL,rb � r4 1Aorsc: : L_As•=67 d ' f C 'AD 22 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@885CA84F\@BCL@885CA84F.docx Page 6 of 6 Case No. 0918-02 Rakesh Patel: Ordinance rezoning property at or near 15621 and 15625 South Padre Island Drive from "CR-2/IO" Resort Commercial District with the Island Overlay 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 Rakesh Patel, Lina Patel, and Daxa Kumar ("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, September 19, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "CR-2/IO" Resort Commercial District with the Island Overlay to the "IL" Light Industrial District, in lieu thereof, approval of the "CR-2/SP" Resort Commercial District with a Special Permit (SP) and with conditions and on Tuesday, October 23, 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 Rakesh Patel, Lina Patel, and Daxa Kumar ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as Lots 5A and 6A, Block 15, Padre Island located on the west side of South Padre Island Drive, south of Whitecap Boulevard, and north of Encantada Avenue (the "Property"), from the "CR-2/IO" Resort Commercial District with the Island Overlay to the "IL" Light Industrial District (Zoning Map No. 029024), 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\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@885CF226\@BCL@885CF226.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 City Secretary Joe McComb Mayor C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@885CF226\@BCL@885CF226.docx Page 3 of 4 MERIDA DR 3 iC i7 12 SUBJECT PROPERTY FR f0 BEACH ACCESS 5 RD CASE: 0918-02 ZONING & NOTICE AREA F11-1 11001,0all1 1 211 -2 Rerra1112 F11-2 ROrralba Or PmM•llonal ORB* F11 -AT Hu11ra111 Ar CM -1 1M10Hherbbnotl Conn.r41.1 211-2 1401611.0006 Corm* r[.1 w 14 c.nn.r.Y1 CR -2 1Hronncn.ray CO -1 CO -4 O.nerYConn wVMal• CBC Hownlown Conm.m Yl 0R-1 R.1.H Comm.21.1 FR Farm R0ra1 H 1.014610 01.rlry BP Re 11n.01 Part 3L uglt Rll2yial H MAO I06.Ir104 RIO PIwF.tl Oen .A0 a -r R1-10 iE01.Fab 10 R32 ..1* - 1, RiAim0lf2 _a a� 4.6 F 1-6.-F.616 R2-16 i1n01..FaI, 16 RE .nralEJal. 112TH TOM 11.1. a RV FbciOatlonal VaAkk Part RM H Ramil.o1ur.0 Home ®I He, Me 60tHe 4 Owner nC 2W 000.6 v Owners SUBJECT / PROPERTY a 'LOCATION MAP LI. crag wr: av vail Fraparatl Sy: Yuk Daparo n orDaralop enrSenr.. 2 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@885CF226\@BCL@885CF226.docx Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No. 0918-02 INFOR No. 18ZN1023 Planning Commission Hearing Date: September 19, 2018 Applicant & Legal Description Owner: Rakesh Patel, Lina Patel, and Daxa Kumar Applicant: Javier Garcia (Padre Landscapes) Location Address: 15621 and 15625 South Padre Island Drive Legal Description: Lots 5A and 6A, Block 15, Padre Island located on the west side of South Padre Island Drive, south of Whitecap Boulevard, and north of Encantada Avenue. Zoning Request From: "CR-2/IO" Resort Commercial District with the Island Overlay To: "IL" Light Industrial District Area: 0.69 acres Purpose of Request: To allow for the operation of a landscaping business including outdoor storage. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "CR-2/IO" Resort Commercial with the Island Overlay Vacant High Density Residential North "CR -2/10" Resort Commercial with the Island Overlay Vacant and Commercial High Density Residential South "CR-2/IO" Resort Commercial with the Island Overlay Vacant High Density Residential East "FR/IO" Farm Rural with the Island Overlay Park Permanent Open Space West "CR-2/IO" Resort Commercial with the Island Overlay and "RS -TF" Two -Family Vacant and Medium Density Residential High Density Residential ADP, Map & Violations _ Area Development Plan: The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for high density residential uses. The proposed rezoning to the "IL" Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). Map No.: 029024 Zoning Violations: On December 20, 2017, correction notices were mailed to the applicant due to the accumulation of solid waste and an illegal land use (storage of aggregate materials). On March 13, 2018 after subsequent inspections and discussions citations were formally issued. Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 100 feet of street frontage along South Padre Island Drive (Park Road 22) which is designated as an "A2" Secondary Arterial Street. According to the Urban Transportation Plan, "A2" Secondary Arterial Streets can convey a capacity between 20,000 to 32,000 Average Daily Trips (ADT). m§ m•O tii c2 Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume South Padre Island Drive (Park Road 22) "A2" Secondary Arterial 100' ROW 54' paved 200' ROW 125' paved 13,790 ADT (2015) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "CR-2/IO" Resort Commercial District with the Island Overlay to the "IL" Light Industrial District to allow for the operation of a landscaping business including outdoor storage. Development Plan: The subject property is 0.69 acres in size and consists of two lots. The owner is proposing to have a landscaping business with outside storage of bulk materials, equipment, and company vehicles. The bulk materials will be gravel, decomposed granite, river rock, top soil, etc. The piles of bulk material will not exceed 6' tall. The applicant is not planning to use it as a retail place, however occasionally some customers will visit to look at the materials or make a payment. A 6 -foot 10 -inch solid screening fence will be installed around the subject property and the front gate will be the sole point of accessing the property. Existing Land Uses & Zoning: The subject property is currently zoned "CR-2/IO" Resort Commercial District with the Island Overlay and consists of vacant land. The subject property was zoned "B2 -A" Barrier Island Business ("CR -2" Resort Commercial) District in 1981. The Island Overlay was adopted in 2004. The subject property was annexed in 1981 and has remained undeveloped. To the north is a vacant lot, commercial businesses, and a restaurant zoned "CR-2/IO" Resort Commercial District with the Island Overlay. To the south are vacant lots zoned "CR-2/IO" Resort Commercial District with the Island Overlay. To the east is South Padre Island Drive (Park Road 22). Across S.P.I.D. is Padre BaIli Park and is zoned "FR/IO" Farm Rural District with the Island Overlay. To the west are vacant lots "CR-2/IO" Resort Commercial District with the Island Overlay. Further to the west across Palmira Avenue are two-family residences (Padre Island Unit 4 Subdivision) zoned "RS -TF" Two -Family 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. Staff Report Page 3 PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang/Padre Island 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) • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Screening fences, open space or landscaping can provide an essential buffer residential areas. (Future Land Use, Zoning, and Urban Design Policy Statement 3) • The City will continue to protect residential neighborhoods from encroachment of nonresidential uses unless the negative effects of the non-residential uses are eliminated or significantly mitigated. (Mustang/Padre Island ADP, Policy Statement B.13) Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC) in relation to the proposed use and the Island Overlay. • The proposed rezoning is partially compatible with neighboring properties and with the general character of the surrounding area. This rezoning may have a negative impact upon the surrounding neighborhood as it would allow all uses allowed by right in the "IL" District. • Additionally, the proposed use would be assessed for compliance with the standard of the Island Overlay as per section 6.4 of the Unified Development Code (UDC). • The property is currently vacant and is a remaining platted lot and has not been developed since annexation in 1981. • While a retail nursery is allowed in the "CR -2" Resort Commercial District by -right, the outdoor and aggregate material storage use requires the "IL" Light Industrial District. • A special permit would provide the use requested by the applicant while protecting the integrity of surrounding uses including the nearby neighborhood. • The subject property is located away from the major intersections of Commodore Boulevard and Whitecap Boulevard that serve as scenic corridors. • A landscape business is a relatively low impact use. The limited hours of operation of 6 am to 9 pm and restricting the delivery hours to between these set hours would reduce any potential negative impacts from occurring. • The use will still be subject to the City's noise ordinance to prevent a nuisance from occurring. Staff Report Page 4 Planning Commission and Staff Recommendation (September 19, 2018): Denial of the change of zoning from the "CR-2/IO" Resort Commercial District with the Island Overlay to the "IL" Light Industrial District, in lieu thereof, approval of the "CR- 2/IO/SP" Resort Commercial District with the Island Overlay and with a Special Permit (SP) with the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC) in Section 5.1.5.B "Warehouse and Freight Movement" except bus barn, coal and coke storage and sales, food locker, household moving and general freight storage, milk distributing station, produce and storage warehouse, truck or transfer terminal, and warehouse used for storage of retail goods. 2. Outdoor Storage: Outdoor storage is permitted and must remain screened at all times. Storage includes trailers, construction equipment, aggregate materials, and other items related to a landscaping business. Piles of loose aggregate materials shall be no taller than 6 -feet in height. Any dumpsters must be screened from view of the public. 3. Screening Fence: A solid screening fence at minimum of six (6) feet shall be installed and maintained to provide a visual barrier around the perimeter of the property. 4. Landscaping: Landscaping shall be installed in accordance with the requirements of the Unified Development Code (UDC) along South Padre Island Drive (Park Road 22). 5. Lighting: All lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. 6. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 7. Hours of Operation: Business may only be conducted daily between the hours of 6:00 AM to 9:00 PM. All deliveries must occur within these operating hours. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Island Overlay: The construction or installation of a storage shed as identified shall be exempt from the conditions of the Island Overlay as described in Section 6.4 of the Unified Development Code (UDC). Construction or installation of an office shall conform to the requirements of the Island Overlay. 10.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, a certificate of occupancy or a letter of UDC compliance has been issued, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Staff Report Page 5 Vote Results: For: 6 Opposed: 1 Absent: 2 Abstained: 0 Public Notification Number of Notices Mailed — 17 within 200 -foot notification area 5 outside notification area As of September 14, 2018: In Favor — 0 inside notification area — 1 outside notification area In Opposition — 4 inside notification area — 0 outside notification area Totaling 10.60% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2018\0918-02 Rakesh Patel\Council Documents\CC Report_0918-02 Rakesh Patel.docx Ca. Croa6W:881r 10 °r5paf50 14:14.I1 Cepa 6,9':6 of Psr Ap.'I, 91,65 9R":95 SUBJECT PRO PERTr 3' 1 Staff Report Page 6 MERIDA DR RS TF 44, J CASE: 0918-02 ZONING & NOTICE AREA ILLI -1 uniffamlai P11-4 111J11111112 P11-2 u11P 1112 O N PmN•.bnal MM. ILLI-Ri NVNNanly PT 014-1 N•Iykb0r Rood Comma 1N.. 011-2 11•Ip0horMod Comma ro1.1 CR -1 Rom r1 Commer01.1 CR -2 Roma Com m•rolal CO -1 OM.. Commercial CO -2 OMira. COnn•Mal q YINn.r• Conn• H0.1 CBD awnlown Conim•rolal CR -1 Rom d Conn•rolal FR HMI MI MI H H.lorluo ve Plc E P Ra ran...Park IL ugltlMuah1.l M Heavyi.dn.MV POD Mond OM ax0m•My R4-10 My 10 Rig rMOltiFanay6 R0-4.6 lin0Y-6ern :k 4.6 Ra -ii T'xa• R3 TH T.':. •'.:.� 1 - 1py FB.,:eat ,Pa r'dBp�cB Park Pa1N Manurml orad Horne >aiK> ' O = M 2'10 _"uRr lm Mar 4 emresALM 1181!kkaa a+ V armors . z,-.3 0wr•nm12.,e ft 190,x31'..9 5625 5P,1D. • lk LL_ -OFA L�]a P TE Ms, PE. y ��Tc•RAFaE 1 �rcxiS�i NG ff 1-REC5 �v[: nw.CC G].9 YE CL��� RITC- Ci i•} CFI ue .a,ll ,z n3 In W1 ,1 Staff Report Page 7 .51T SIZE. -,�jGC�K LCC' 3n,c•co ALA.. 1 J �'•1i'! .�PGuU i] A,-7n7J Lt- L-AUW-P,F17 ,-CcAfs ���.i 52tiiL'E C'. ,21 [`A3un--1-17 c nr4 1"AUP�E 11-5—,374-) d Z, ' P'gRC RAD 2 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 incapat;idades oue tenon la intenciOn de asistir a este Junta y oue reouleren servicios especiaies, se les suolica cue den aviso 4$ horas antes de Ia junta Ilamando al depanamento de servicios de desarrollo, al nvmero (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 al least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dvicirse a la commission duranle la Junta Y sU inales es limitddo. favor de Ramer al deoartamento de servicios de desarrello al numero (361) 826.3240 al mens 48 horas antes de Ia junta para solicitar un inlerprete ser oresente duranle la Junta. CITY PLANNING COMMISSION PUBLIC NEARING NOTICE Rezoning Case No. 0918-02 Rakesh Patel, Lina Patel, and Daxa Kumar have pet tioned tree City of Corpus Christi tc consider a change of zoning from the "CR -2/10" Resort Commercial District with the Island Overlay to the "IL" Light Industrial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 15621 and 15625 South Padre Island Drive (Park Road 22) and Lots 5A and 6A, Block 15, Padre Island located on the west side of South Padre Island Drive, south of Whitecap Boulevard, and north of Encantada Avenue. 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, September 19, 2018. during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street You are invited to attend this public hearing to express your views on This rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD. THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, ei:her at home or office, or in person, by telephone call or by letter. Printed Name: 1 ArJ (-61 --5 Address: 1 y SZ\ C . LA -(34)'A 10 3 on— City/State: CORL 61-11-"m ) (4N i(y` ct3 5.4... D. w A -3.3 FAVOR ( ) IN OPPOSITION Phone: 3 b 1 - 941- 1"1-0 REASON: SEE MAP ON REVERSE SIDE INFOR Case No. 18ZN1023 Property Owner ID: 0 Signature Case No 0918-02 Prefect Manager. Andrew Dimas Email andrawcf2i -cctcxas com Staff Report Page 9 Persons with disabilities planning to attend this meeting, who may require special services, are requested to coact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con inrapacidades, clue tienen la intention de asistir a este lunta Y due requieren servicios especiales. se les suplica que den avlso 48 horas antes de la junta llamando al departamento de servlcios de desarrollo, al ntimero (361) 826-3240. If you wish to address the Commission during the meet ng 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 , rigirse a la commission durance la junta v su notes es limitado. favor dia 11$mar al flepartamento de servicios de desarroilo al numero (361) 826-3240 al menos 48 horas antes de to junta para solicitar un Interorete ser presente dprante Ie junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0918-02 Rakesh Patel, Lina Patel, and Daxa Kumar have petitioned the City of Corp.is Christi to consider a change of zoning from the "CR -2110" Resort Commercial District with the Island Overlay to the "IL" Light Industrial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as 15621 and 15625 South Padre Island Drive (Park Road 22) and Lots 5A and 6A, Block 15, Padre Island located on the west side of South Padro Island Drive, south of Whitecap Boulevard, and north of Encantada Avenue. 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, September 19, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI. TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or offlea, or In person, by telephone call or by letter. Printed Name: Address: CitylState: ( ) IN FAVOR (x) IN OPPOSITION Phone: REASON. SEE MAP ON REVERSE SIDE INFOR Case No. 18ZN1023 Property Owner ID 4 Submitted by Enes Yilmazer at the Planning Commission Hearing Signature Case No. 0918-02 Project Manager Andrew Dimas Email andrewd2^cg'cclexas com Staff Report Page 10 Persons with disabilities planning 10 attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades, que Iienen la intention de asistir a esta junta v oue requieren servicios especia(es, se les suolica sue den aviS4 48 horas antes de la iunta Ilamando al departamento de servicios de desarrolio. al numero (361) 826-3240, If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirlgirse a la commission durante la junta v su ingles es limitedo, favor de Hamar al departamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la Junta para solicitar Un interprete ser preSente durance la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0918-02 Rakesh Patel, Lina Patel, and Daxa Kumar have petitioned the City of Corpus Chnsti to consider a change of zoning from the "CR -2/10" Resort Commercial District with the Island Overlay to the "IL" Light Industrial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 15621 and 15625 South Padre Island Drive (Park Road 22) and Lots 5A and 6A, Block 15, Padre Island located on the west side of South Padre Island Drive, south of Whitecap Boulevard, and north of Encantada Avenue. 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, September 19, 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) ANO MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P.O. BOX 9277. CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application of appeal, either at home or office, or In person, by telephone call or try letter. /�y/ / Printed Name: 1�"4 //f'cC�l16L. 4 - oLrP/$ LJ�� �E.,r--/t �� Address: % 4%7 1.re4( Cir//Ce-r'ie14 QV/State; Cerioxx tMMIC- 7->e 7P4t ( ) IN FAVOR C--,( //IN (PP0 ON / Phone:_2 f— 77y- P177 REASON. if q C(44°a it rtrt to it (1.'4;4 be 40e. 4s S IH 2 Co(S %1 Sl ak•ems St q 40g, Itcooi o -1 414. As rsc L.,‘41\ -EC( aka (.,04e0( �i�hra�0 ar t„41 -F' ;c(-24,�StF � c.O(y.r11.rI4.( Lec! r Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 182N1023 Property Owner 10: 10 Case No. 0918-02 Project Manager: Andrew Dimas Email: andrewd2@cclexas com Staff Report Page 11 Persons with disat iities planning to attend this meeting, who may require special services, are requested to contact the Development Jervices Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades gue tienerij Ia intenciQn de azSigtir a inlajunta y que requieren servicios especiales. se les suolica QUO den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo, al nOmero (361) 826-3240. If you wish to address the Commission during the meeting and your English is limited. please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission duranle la Junta y su incites es Ilmitado. favor de Ilamar al deoartamento de servicios de desarrollo al numero (361) 826-3240 al menos 48 horas antes de la junta para solicitar un mterprete ser presente durance la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0918-02 Rakesh Patel, Lina Patel, and Daxa Kumar have petit ones rte City cf Corps Christi to consider a change of zoning from the "CR -2/I0" Resort Commercial District with the Island Overlay to the "IL" Light Industrial District. resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 15621 and 15625 South Padre Island Drive (Park Road 22) and Lots 5A and 6A, Block 15, Padre Island located on tho west side of South Padre Island Drive, south of Whitecap Boulevard, and north of Encantada Avenue. 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. September 19. 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 MAIIED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277. CORPUS CHRISTI, TEXAS 7846g- 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 nM ra of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or In person, by telephone call or by letter. Printed Name: Address: City/State: ( ) IN FAVOR (x) IN OPPOSITION Phone REASON Submitted by Enes Yilmazer at the Planning Commission Hearing SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1023 Property Owner ID: 13 Signature Case No. 001e-02 Project Manager: Andrew Dimas Email: andrewd2@cctexas.com Staff Report Page 12 Persons with disabilities planning to attend this meeting, MIFID may require special services, are requ.sted to coh{act the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incanacldades. eue tienen la mtencion de asistir a esta junta v clue reeuieren servicios especiales, se les suplica eve den 8viso 48 horae_antes de la junta Ilamarxjo al departarnento de servicios de desarrollo. al nemero (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 (east 48 hours in advance to request an interpreter be present during the meeting Si usted desea dirigrrse a la cgmnlissign durante la junta y su ineles es limitado. favor de Ilamar ai slePartamento de servicios de desarrollo al numero (361) 825-3240 al mews 48 kora$ antes de la junta para sollcitar en interorete ser oresente dsrante la lull, CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0918-02 Rakesh Patel, Lina Patel, and Daxa Kumar have petitiored the Cty of Corpus Christi to consider a change of zoning from the "CR -2/10" Resort Commercial District with the Island Overlay to the "IL" Light Industrial District. resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 15621 and 15625 South Padre Island Drive (Park Road 22) and Lots 5A and 6A, Block 15, Padre Island located on the west side of South Padre Island Drive, south of Whitecap Boulevard, and north of Encantada Avenue. 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, September 19, 2018, dunng 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 bit hold by a member or m.mbora of this Commission with an applicant or appellant concerning an application or appeal, either at home or office. or in person, by telephone call or by letter. Printed Name. Address: City/State: ( ) IN FAVOR pc,) IN OPPOSITION Phone__ REASON: Submitted by Enes Yilmazer at the Planning Commission Hearing SEE MAP ON REvERSE SibE INFOR Case No,: 18ZN1023 Property Owner ID. 16 Case No. 0918.02 Project Manager. Andrew Dimas Email: andrewd2@cctexas,com Zoning Case #0918-01 Rakesh Patel Rezoning for a Property at 15621 and 15625 South Padre Island Drive (Park Road 22) City Council Presentation October 23, 2018 Aerial Overview 1-14-v"' A�5 SUBJECT C CST PROPERTY L-C9i 2 Subject Property at 15621 and 15625 South Padre Island Drive (Park Road 22) t1EIDA I:44 Vicin[ty Map N SUBJECT PROPERTY ML sIJ� �y.i .lCIre Island p9 :c} CpenStreetr.Aap and con. trial.ltcrs, Creative Corn mors SfiareAIire license 1OC-9Y-SA} 3 Zoning Pattern -419110.1 oo2000 -zoo gl,cY- g2i' L J UJ ics OEY lit PT rokliri-e44 I'll A8=:IF INIsAls IDely K3 vi 1 gg SUBJECT u PROPERTY RTY 0 c °D o g oAo810 2-11 KJ gee- 0 o g ❑o FMCD 2002 000 Pa Site Plan c u) tf {{J� N Q Y d O -A RurrS. ;f 'Achill: 11 3t Z. a 3 +i 6 n 3k 4 3t 0 a Staff Recommendation Denial of the "IL" Light Industrial District in lieu thereof Approval of the "CR-2/10/SP" Resort Commercial District with the Island Overlay and a Special Permit Special Permit Conditions 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district are as defined by the Unified Development Code (UDC) in Section 5.1.5.6 "Warehouse and Freight Movement" except bus barn, coal and coke storage and sales, food locker, household moving and general freight storage, milk distributing station, produce and storage warehouse, truck or transfer terminal, and warehouse used for storage of retail goods. 2. Outdoor Storage: Outdoor storage is permitted and must remain screened at all times. Storage includes trailers, construction equipment, aggregate materials, and other items related to a landscaping business. Piles of loose aggregate materials shall be no taller than 6 -feet in height. Any dumpsters must be screened from view of the public. 3. Screening Fence: A solid screening fence at minimum of six (6) feet shall be installed and maintained to provide a visual barrier around the perimeter of the property. 4. Landscaping: Landscaping shall be installed in accordance with the requirements of the Unified Development Code (UDC) along South Padre Island Drive (Park Road 22). 5. Lighting: All lighting must be shielded and directed away from abutting residences and nearby streets. Cut-off shields are required for all lighting. No light projection is permitted beyond the property line. Special Permit Conditions 6. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. Outside paging, speakers, telephone bells, or similar devices are prohibited. 7. Hours of Operation: Business may only be conducted daily between the hours of 6:00 AM to 9:00 PM. All deliveries must occur within these operating hours. 8. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 9. Island Overlay: The construction or installation of a storage shed as identified shall be exempt from the conditions of the Island Overlay as described in Section 6.4 of the Unified Development Code (UDC). Construction or installation of an office shall conform to the requirements of the Island Overlay. 10 Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within twelve (12) months of this ordinance, unless a complete building permit application has been submitted, a certificate of occupancy or a letter of UDC compliance has been issued, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Public Notification 17 Notices mailed inside 200' buffer 5 Notices mailed outside 200' buffer Notification Area Opposed: 4 (10.60%) In Favor: 1 PAL/dINA=A MERIDA DR ADRE ISLAND DR S EJECT PROPERTY FR f0 H ACCESS 5 RD Lea CrSa:eC:&5,;2919 UDC Requirements IllEIM=iElilE Buffer Yards: IL to CR -2 Type B: 10' & 10 pts. Setbacks: Street: 20 feet Parking: 1:1,000 GFA (Outdoor Facility) Landscaping, Screening, and Lighting Standards Uses Allowed: Light Industrial, Retail, Offices, Vehicle Sales, Bars, and Storage Utilities SUBJECT PROPERTY • Water: 12 -inch ACP Line • Wastewater: Wastewater service is currently unavailable to the subject property. The closest available wastewater manhole is approximately 145 feet to the west along Palmira Avenue • Gas: 2 -inch Service Line • Storm Water: Road side drainage 11 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 23, 2018 Second Reading for the City Council Meeting of October 30, 2018 DATE: October 01, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Water Utilities, Water Utilities Department DanG@cctexas.com (361) 826-1718 Water Master Plan Amendment - South of Oso Creek CAPTION: Ordinance amending the City of Corpus Christi Comprehensive Plan by amending the City's Water Distribution System Master Water Plan South of Oso Creek. PURPOSE: The purpose of this item is to update the City's Water Master Plan South of Oso Creek outside City Limit within the extra -territorial jurisdiction (ETJ) and update the plan with existing 48" and 42" transmission main location based on the as -built information. BACKGROUND AND FINDINGS: The purpose of the proposed amendment is to: • Facilitate the development of an adequate water grid system. • Facilitate orderly development • Satisfy a need for redundancy in the system, which provides a backup water supply and improves water quality and pressure • Update the plan to reflect locations of existing watermains South of Oso Creek area is located outside City Limits within City's ETJ. The subject area continues to grow requiring an increased demand for water. Outside the City Limits, the South of Oso Creek area mostly contained within the City's Certificate of Convenience and Necessity (CCN) service area to provide water. The City also has jurisdiction of subdivision platting within ETJ. To facilitate orderly development, staff proposes to amend the 1997 Water Master Plan in the following ways: • Update the plan to reflect the existing location of the existing 48"and 42" transmission main from Greenwood Drive to the intersection of Yorktown Boulevard and Rodd Field Road • Propose a combination of water grid mains and transmission mains in the surrounding areas of County Road (CR) 33, FM 43, FM 2444 and HWY 286 ALTERNATIVES: Denial or alteration of the proposed Water Master Plan amendment. OTHER CONSIDERATIONS: Developers are fully or partially reimbursed from the Developers' Trust Funds for constructing water infrastructure according to the Water Master Plans. Amending the Water Master Plan will allow developers to be reimbursed for constructing improvements that serve a public purpose. CONFORMITY TO CITY POLICY: The proposed amendment conforms to City policy and the Comprehensive Plan. DEPARTMENTAL CLEARANCES: Utilities Department, Planning, Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 11ilp Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): n/a Comments: None RECOMMENDATION: On September 19, 2018, the Planning Commission recommended that City Council approve the proposed Water Master Plan amendment. LIST OF SUPPORTING DOCUMENTS: • Current Water Master Plan • Proposed Water Master Plan • Presentation Ordinance amending City of Corpus Christi Comprehensive Plan by amending the City's Water Distribution System Master Water Plan South of Oso Creek WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning amending the City's Water Distribution System Master Water Plan South of Oso Creek in the areas surrounding Farm Road (FM) 43, FM 2444 and Highway (HWY) 286, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing on Wednesday, September 19, 2018, regarding amendments to the City's Water Distribution System Master Water Plan South of Oso Creek, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, October 23, 2018, regarding amendments to the City's Water Distribution System Master Water Plan South of Oso Creek, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Water Distribution System Master Water Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas ("Plan CC"), is amended by updating the location of the existing 48"and 42" transmission main from Greenwood Drive to the intersection of Yorktown Boulevard and Rodd Field Road and proposing a combination of water gridmains and transmission mains in the surrounding areas of County Road (CR) 33, FM 43, FM 2444 and HWY 286. The referred amendments are shown on Exhibit "A," which is attached to this ordinance and incorporated into this ordinance by reference as if fully set out in its entirety. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Water Master Plan, the Water Master Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Water Master Plan South of Oso Creek, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Everett Roy Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor K D CD a O 0 • • • 24” Tap 16" Reducer 12 in • • • ♦ IC IN 16 PVC I I • • i 1 1 1 1 I 1 1,,I-lr 1 1 0 q<F cRE R61/4„/0/..y/4,,0 MO/(,q <RESTCpFR/� NGUs 0 MN F„,8 / eq<1,1/4 e°FSNT B:,9 I SOA- OgNTFSTCO FRSON •-'0 wgTFR<O�"IN 0ye ^NNR 'P rzJ�� 30 gNg44A 1 HFRMOS pRcsT °N 0 Q° °ORONq IS; 'm `90 ,1, O e- O/p MT 1/FR o /. 4, LC a ANT " Z $ °Xp sh��°qTF FGO PPv$ °PO m O COe°VENTRY /4 0LESTON Gq, FRN/<< F B i/T �FRNON P so A 4//ti ° s� mo° r�re o U oQe�0 '0 mr gym? m°me $o0 11/44/,44,4, m ?A '9N< -9/t04,6)? �BON VC N Fy <FNoOo 4,7.p $ ORANGFF���00 FC %p I I I I • I I I I City of Corpus Christi Proposed Water Master Plan Amendment: South of Oso Creek Water Infrastructure Proposed 12 - 16 inch (gridmain) N Proposed > 16 inch (transmission) /\/12-16 inch /V > 16 inches 0 O.N. Stevens Water Treatment Plant City Limits Line 0 0.25 0.5 0.75 Miles Pump Stations 1. Navigation 2. Holly 3. Staples 4. Sanddollar Elevated Storage Tanks 1. Alameda 2. Flour Bluff 3. Morgan 4. Gollihar 5. Coral Vine 6. Rand Morgan 1 7. Holly E ck 22 1--- 1 r FM 43 16 PVC 12in 1 1 1 I 1 1 1 1 1 1 1 lip 1- 1 1?� 2. i 16 in �'♦ I' 4 4 4 12 in OR.8 4 0 16 PVC • ♦ ♦ 4 % ` 1 V 12 in s 0' F AgNgo s F 'OO Pg• ,1$m o $ Q a %p ryo �T2/sT/N NNG� Ns 0 0m S,9NORq 0T $o 1 ♦♦ 1 1 1 JERCN° CF CAN 1 Z BARNARD 12 in U a N 42 DIP 1 1 1 1 1 1 1 1 1 12 PVC 3 16 PVC ° 12 PVC 2. z 2' ICRES 0 ° 0 c A i`R i 42 DIP ME'P(r oo0 0P� ° pON °P -11 ♦ • fn• R m osNss ps qN QQ $4, <v geOR/♦q♦ % hP P 4P�5 m�J G/j�F ♦ ♦T; O �J s l-ONFI- ♦ ♦ mr? Apo egR 21, <,/ N O' O F �OOe: OR 0 0SHALT RpN-0/CC/0 4•,....-0"15Nou at,Pa iiiS.\WaterMasterPlan\ProposedWaterMasterPlanSofOsoCreek.mxd +r Water Master Plan Amendment: South of Oso Creek City Council Presentation October 23, 2018 Subject Area EMI � FM 44 ]a44 FM 2444 Naval Outlying Field Cabaniss FM 43 LIFM d3 Weber Rd W N FM 2444 T 35 1-1 2 Existing 1997 Master Plan Proposed Master Plan 4-7 . 21" T■P f0"Ftatllxeer� 13� • FM 43 15 PVC eri.s Proposedased Water Master Plan Amendment: South of Oso Creek water ma,enaamrm e-eWrei imh(qAnenl e.,Sd,nm fKFa.e41 16., a 16n.Rm....aunal 1 nm9�m ni+2-1s inch Tag N 916 i2Ae. 3 Sheen 120.n. Skvma Wrier Tredmed alae Steil_ +..1Cay Linea Lies it Beaded Wm, Tanga . Alae F1wr &.If Golder^ co-dv Red Yoe, 0 025 0.5 0.75 1 Mises OsO 1Y 21■t ---------------- •.....i..r.09.flmAeKLm+ML Leirsen'saPwenWauf■YoYiM■eeertaeetnew Proposed Amendments • Update the plan to reflect the existing location of the existing 48"and 42" Transmission Main from Greenwood Drive to the intersection of Yorktown Boulevard and Rodd Field Road • Propose a combination of Water Grid Mains based on the alignment of the existing Transmission Main in the surrounding areas of County Road (CR) 33, FM 43, FM 2444 and HWY 286 Objectives Achieved The proposed amendment: 1. Provide a plan for Areas with adopted Wastewater and Storm Water Master Plans (London) 2. Facilitates the development of an adequate water grid system 3. Facilitates orderly development 4. Improves water quality and pressure for Commercial and Residential Customers 5. Updates the plan to reflect existing conditions Master Plan Implementation funding Sources • Revenue Bond projects • Indefinite Delivery/Indefinite Quantity (ID/IQ) projects • Trust fund Reimbursements (partially/fully) Recommendation Staff and Planning Commission Recommend Approval AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 23, 2018 Second Reading Ordinance for the City Council Meeting of October 30, 2018 DATE: October 4, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Markle, Chief of Police mikemacctexas.com 886-2604 Accepting and appropriating the 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program grant CAPTION: Ordinance authorizing acceptance of grant from U. S. Department of Justice, Bureau of Justice Assistance, in amount of $178,821 for FY 2018 Edward Byrne Memorial Justice Assistance Grant Program; and appropriating $178,821 in Police Grants Fund to fund enhancement of law enforcement efforts with $82,042 of funds distributed to Nueces County and $14,736 of funds distributed to City of Robstown. PURPOSE: Accept the grant and appropriate the funds. BACKGROUND AND FINDINGS: JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs With this award, the program has provided a total of $5,526,219 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized radios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, radios for Project 25 compliance, automated ticket writers, and other police equipment. The Police Department and Nueces County proposes to purchase law enforcement equipment within the Attorney General Priority areas of gang enforcement/prevention, cybercrime, and intelligence analysis. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $178,821 $178,821 BALANCE $178,821 $178,821 Fund(s): Police Grants Fund Comments: There is no match required by the City. RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award letter Interlocal agreements with Nueces County and City of Robstown Award Report Ordinance authorizing acceptance of grant from U. S. Department of Justice, Bureau of Justice Assistance, in amount of $178,821 for FY 2018 Edward Byrne Memorial Justice Assistance Grant Program; and appropriating $178,821 in Police Grants Fund to fund enhancement of law enforcement efforts with $82,042 of funds distributed to Nueces County and $14,736 of funds distributed to City of Robstown. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the U. S. Department of Justice, Bureau of Justice Assistance, in the amount of $178,821 for the FY 2018 Edward Byrne Memorial Justice Assistance Grant (JAG) Program. SECTION 2. That $178,821 is appropriated in the No. 1061 Police Grants Fund for the enhancement of law enforcement efforts by the Police Department and Nueces County under an established interlocal agreement. Under the interlocal agreement, $82,042 of the funds be distributed to Nueces County and $14,736 of the funds be distributed to City of Robstown. 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 GMS APPLICATION NUMBER 2018 -H2907 -TX -DJ THE STATE OF TEXAS KNOW ALL BY THESE PRESENT COUNTY OF NUECES INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE CITY OF ROBSTOWN EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FISCAL YEAR 2018 LOCAL SOLICITATION AWARD This agreement is made and entered into this 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 that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY agrees to provide the ROBSTOWN a current estimate of $14,736 JAG funds received from Fiscal Year 2018 award; and WHEREAS, the CITY and ROBSTOWN believe it to be in their best interests to reallocate the JAG funds. Page 1 of 3 GMS APPLICATION NUMBER 2018 -H2907 -TX -DJ NOW THEREFORE, the ROBSTOWN and CORPUS CHRISTI agree as follows: Section 1. CORPUS CHRISTI agrees to pay ROBSTOWN a current estimate of $14,736 of the JAG funds received from this award. Section 2. ROBSTOWN agrees to use current estimate of $14,736, of JAG funds received from CORPUS CHRISTI under this agreement for the enhancement of law enforcement until September 30, 2021. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against ROBSTOWN other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CORPUS CHRISTI other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. Page 2 of 3 GMS APPLICATION NUMBER 2018 -H2907 -TX -DJ Interim City Manager ATTEST: Rebecca Huerta City Secretary APPROVED AS TO FORM: ', ii/,(_l2 Buck Brice Assistant City Attorney For City Attorney —2) 11 Date Q-cC - AU I N41K! svettlIML Mayor erman - od uez City Secretary August 20, 2018 Date Page 3 of 3 GMS APPLICATION NUMBER THE STATE OF TEXAS COUNTY OF NUECES Zo Igov1O KNOW ALL BY THESE PRESENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND THE COUNTY OF NUECES, TEXAS EDWARD BYRNE MEMORIAL, JUSTICE ASSISTANCE GRANT (JAG) PROGRAM FISCAL YEAR 2018 LOCAL SOLICITATION AWARD This agreement is made and entered into this -b.- day of 1, 2018, by and between the City of Corpus Christi, acting by and through it governing body, the City Council ("CITY"), and the County of Nueces, acting by and through its governing body, the Commissioners Court ("COUNTY"), both of Nueces County, State of Texas, witness: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code; and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party; and WHEREAS, each governing body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement; and WHEREAS, the CITY and COUNTY have previously entered into an agreement for disbursement of Fiscal Year 2012, 2013, 2014, 2015, 2016, & 2017 JAG funds which is separate from this agreement; and WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50%), or a current estimate of $82,042, JAG funds received from Fiscal Year 2018 award; and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds. Page 1 of 3 GMS APPLICATION NUMBER NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of fifty percent (50%), or a current estimate of $82,042 of the JAG funds received from this award. Section 2. COUNTY agrees to use the fifty percent (50%), or current estimate of $82,042, of JAG funds received from CITY under this agreement for the enhancement of law enforcement until September 30, 2021. Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. Page 2 of 3 GMS APPLICATION NUMBER CITY OF CO ISTI COUNTY OF NUECES eith Selman Interim City Manager ATTEST: Rebecca Huerta Samue L. Neal, Jr. County Judge K r Sands City Secretary County Clerk APPROVED AS TO FORM: 6(/‘(_4' Buck Brice Assistant City Attorney For City Attorney Date pis sY CO NCIL L4• 4ECRETA Laura Garza Jimene County Attorney i/i Date Page 3 of 3 U.S. Department of Justice Office of Justice Programs Office of the Assistant Attorney General Washington, D.C. 20531 October 1, 2018 Mr. Keith Selman City of Corpus Christi 1201 Leopard Street P.O. BOX 9277 Corpus Christi, TX 78469 Dear Mr. Selman: On behalf of Attorney General Jefferson Sessions III, it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation in the amount of $178,821 for City of Corpus Christi. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash -on -hand. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact: - Program Questions, Wendy Y. Rose, Program Manager at (202) 514-7842; and - Financial Questions, the Office of the Chief Financial Officer, Customer Service Center (CSC) at (800) 458-0786, or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, 9/7.41 - Matt Dummermuth Principal Deputy Assistant Attorney General Enclosures OFFICE FOR CIVIL RIGHTS Office of Justice Programs U.S. Department of Justice 810 7th Street, NW Washington, DC 20531 Tel: (202) 307-0690 TTY: (202) 307-2027 E-mail: askOCR@usdoj.gov Website: www.ojp.usdoj.gov/ocr OCR Letter to All Recipients October 1, 2018 Mr. Keith Selman City of Corpus Christi 1201 Leopard Street P.O. BOX 9277 Corpus Christi, TX 78469 Dear Mr. Selman: Congratulations on your recent award. In establishing financial assistance programs, Congress linked the receipt of federal funding to compliance with federal civil rights laws. The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) is responsible for ensuring that recipients of financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) comply with the applicable federal civil rights laws. We at the OCR are available to help you and your organization meet the civil rights requirements that come with DOJ funding. Ensuring Access to Federally Assisted Programs Federal laws that apply to recipients of financial assistance from the DOJ prohibit discrimination on the basis of race, color, national origin, religion, sex, or disability in funded programs or activities, not only in employment but also in the delivery of services or benefits. A federal law also prohibits recipients from discriminating on the basis of age in the delivery of services or benefits. In March of 2013, President Obama signed the Violence Against Women Reauthorization Act of 2013. The statute amends the Violence Against Women Act of 1994 (VAWA) by including a nondiscrimination grant condition that prohibits discrimination based on actual or perceived race, color, national origin, religion, sex, disability, sexual orientation, or gender identity. The new nondiscrimination grant condition applies to certain programs funded after October 1, 2013. The OCR and the OVW have developed answers to some frequently asked questions about this provision to assist recipients of VAWA funds to understand their obligations. The Frequently Asked Questions are available at https://ojp.gov/about/ocr/vawafaqs.htm. Enforcing Civil Rights Laws All recipients of federal financial assistance, regardless of the particular funding source, the amount of the grant award, or the number of employees in the workforce, are subject to prohibitions against unlawful discrimination. Accordingly, the OCR investigates recipients that are the subject of discrimination complaints from both individuals and groups. In addition, based on regulatory criteria, the OCR selects a number of recipients each year for compliance reviews, audits that require recipients to submit data showing that they are providing services equitably to all segments of their service population and that their employment practices meet equal opportunity standards. Providing Services to Limited English Proficiency (LEP) Individuals In accordance with DOJ guidance pertaining to Title VI of the Civil Rights Act of 1964, 42 U.S.C. § 2000d, recipients of federal financial assistance must take reasonable steps to provide meaningful access to their programs and activities for persons with limited English proficiency (LEP). See U.S. Department of Justice, Guidance to Federal Financial Assistance Recipients Regarding Title VI Prohibition Against National Origin Discrimination Affecting Limited English Proficient Persons, 67 Fed. Reg. 41,455 (2002). For more information on the civil rights responsibilities that recipients have in providing language services to LEP individuals, please see the website https://www.lep.gov. Ensuring Equal Treatment of Faith -Based Organizations and Safeguarding Constitutional Protections Related to Religion The DOJ regulation, Partnerships with Faith -Based and Other Neighborhood Organizations, 28 C.F.R. pt. 38, updated in April 2016, prohibits all recipient organizations, whether they are law enforcement agencies, governmental agencies, educational institutions, houses of worship, or faith -based organizations, from using financial assistance from the DOJ to fund explicitly religious activities. Explicitly religious activities include worship, religious instruction, or proselytization. While funded organizations may engage in non -funded explicitly religious activities (e.g., prayer), they must hold them separately from the activities funded by the DOJ, and recipients cannot compel beneficiaries to participate in them. The regulation also makes clear that organizations participating in programs funded by the DOJ are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion, religious belief, a refusal to hold a religious belief, or a refusal to attend or participate in a religious practice. Funded faith -based organizations must also provide written notice to beneficiaries, advising them that if they should object to the religious character of the funded faith based organization, the funded faith -based organization will take reasonable steps to refer the beneficiary to an alternative service provider. For more information on the regulation, please see the OCR's website at https://ojp.gov/about/ocr/partnerships.htm. SAAs and faith -based organizations should also note that the Omnibus Crime Control and Safe Streets Act (Safe Streets Act) of 1968, as amended, 34 U.S.C. § 10228(c); the Victims of Crime Act of 1984, as amended, 34 U.S.C. § 20110(e); the Juvenile Justice and Delinquency Prevention Act of 1974, as amended, 34 U.S.C. § 11182(b); and VAWA, as amended, 34 U.S.C. § 12291(b)(13), contain prohibitions against discrimination on the basis of religion in employment. Despite these nondiscrimination provisions, the DOJ has concluded that it may construe the Religious Freedom Restoration Act (RFRA) on a case-by- case basis to permit some faith -based organizations to receive DOJ funds while taking into account religion when hiring staff, even if the statute that authorizes the funding program generally forbids recipients from considering religion in employment decisions. Please consult with the OCR if you have any questions about the regulation or the application of RFRA to the statutes that prohibit discrimination in employment. Using Arrest and Conviction Records in Making Employment Decisions The OCR issued an advisory document for recipients on the proper use of arrest and conviction records in making hiring decisions. See Advisory for Recipients of Financial Assistance from the U.S. Department of Justice on the U.S. Equal Employment Opportunity Commission's Enforcement Guidance: Consideration of Arrest and Conviction Records in Employment Decisions Under Title VII of the Civil Rights Act of 1964 (June 2013), available at https://ojp.gov/about/ocr/pdfs/UseofConviction_Advisory.pdf. Recipients should be mindful that the misuse of arrest or conviction records to screen either applicants for employment or employees for retention or promotion may have a disparate impact based on race or national origin, resulting in unlawful employment discrimination. In light of the Advisory, recipients should consult local counsel in reviewing their employment practices. If warranted, recipients should also incorporate an analysis of the use of arrest and conviction records in their Equal Employment Opportunity Plans (EEOPs) (see below). Complying with the Safe Streets Act An organization that is a recipient of financial assistance subject to the nondiscrimination provisions of the Safe Streets Act, must meet two obligations: (1) complying with the federal regulation pertaining to the development of an EEOP (see 28 C.F.R. pt. 42, subpt. E) and (2) submitting to the OCR findings of discrimination (see 28 C.F.R. §§ 42.204(c), .205(c)(5)). Meeting the EEOP Requirement An EEOP is a comprehensive document that analyzes a recipient's relevant labor market data, as well as the recipient's employment practices, to identify possible barriers to the participation of women and minorities in all levels of a recipient's workforce. As a recipient of DOJ funding, you may be required to submit an EEOP Certification Report or an EEOP Utilization Report to the OCR. For more information on whether your organization is subject to the EEOP requirements, see https://ojp.gov/about/ocr/eeop.htm. Additionally, you may request technical assistance from an EEOP specialist at the OCR by telephone at (202) 616-1771 or by e-mail at EEOPforms@usdoj.gov. Meeting the Requirement to Submit Findings of Discrimination If in the three years prior to the date of the grant award, your organization has received an adverse finding of discrimination based on race, color, national origin, religion, or sex, after a due -process hearing, from a state or federal court or from a state or federal administrative agency, your organization must send a copy of the finding to the OCR. Ensuring the Compliance of Subrecipients SAAs must have standard assurances to notify subrecipients of their civil rights obligations, written procedures to address discrimination complaints filed against subrecipients, methods to monitor subrecipients' compliance with civil rights requirements, and a program to train subrecipients on applicable civil rights laws. In addition, SAAs must submit to the OCR every three years written Methods of Administration (MOA) that summarize the policies and procedures that they have implemented to ensure the civil rights compliance of subrecipients. For more information on the MOA requirement, see https://ojp.gov/funding/Explore/StateMethodsAdmin-FY2017update.htm. If the OCR can assist you in any way in fulfilling your organization's civil rights responsibilities as a recipient of federal financial assistance, please contact us. Sincerely, Michael L. Alston Director cc: Grant Manager Financial Analyst 4o1 '�' Op,.....-----.„,s POrr OF,GT1, U.S. Department of Justice ...,z,'''�� 4Office of Justice Programs d fF$ �� v Bureau of Justice Assistance 1\\\ 4USTICti.Q� Grant PAGE 1 OF 23 1. RECIPIENT NAME AND ADDRESS (Including Zip Code) City of Corpus Christi 1201 Leopard Street P.O. BOX 9277 Corpus Christi, TX 78469 4. AWARD NUMBER: 2018-DJ-BX-0408 5. PROJECT PERIOD: FROM 10/01/2017 TO 09/30/2021 BUDGET PERIOD: FROM 10/01/2017 TO 09/30/2021 6. AWARD DATE 10/01/2018 7. ACTION 2a. GRANTEE IRS/VENDOR NO. 746000576 8. SUPPLEMENT NUMBER 00 Initial 2b. GRANTEE DUNS NO. 069457786 9. PREVIOUS AWARD AMOUNT $ 0 3. PROJECT TITLE Edward Byrne Memorial Justice Assistance Grant 10. AMOUNT OF THIS AWARD $ 178,821 11. TOTAL AWARD $ 178,821 12. SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). 13. STATUTORY AUTHORITY FOR GRANT This project is supported under FY18(BJA - JAG State & JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101 - 10726), including subpart I of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) 14 . CATALOG OF DOMESTIC FEDERAL ASSISTANCE (CFDA Number) 16.738 - Edward Byrne Memorial Justice Assistance Grant Program 15. METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16. TYPED NAME AND TITLE OF APPROVING OFFICIAL Matt Dummermuth Principal Deputy Assistant Attorney General 18. TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Keith Selman Interim City Manager 17. SIGNATURE OFAPPROVING OFFICIAL { qh 0 4 4 - - 19. SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A. DATE AGENCY USE ONLY 20. ACCOUNTING CLASSIFICATION CODES FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 178821 21. TDJUGT0926 OJP FORM 4000/2 (REV. 5-87) PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 2 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 1. Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any certifications or assurances submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Failure to comply with any one or more of these award requirements -- whether a condition set out in full below, a condition incorporated by reference below, or a certification or assurance related to conduct during the award period -- may result in the Office of Justice Programs ("OJP") taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. The Department of Justice ("DOJ"), including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed severable from this award. 2. Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY 2018 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2018 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2018 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.333. In the event that an award -related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 3 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 3. Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 4. Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 5. Required training for Point of Contact and all Financial Points of Contact Both the Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after January 1, 2016, will satisfy this condition. In the event that either the POC or an FPOC for this award changes during the period of performance, the new POC or FPOC must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after-- (1) the date of OJP's approval of the "Change Grantee Contact" GAN (in the case of a new POC), or (2) the date the POC enters information on the new FPOC in GMS (in the case of a new FPOC). Successful completion of such a training on or after January 1, 2016, will satisfy this condition. A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 6. Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(0, and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 4 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 7. Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget -modification or change -of -project -scope grant adjustment notice (GAN) to eliminate any inappropriate duplication of funding. 8. Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 9. Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient)-- 1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of "personally identifiable information (PII)" (2 CFR 200.79) within the scope of an OJP grant -funded program or activity, or 2) uses or operates a "Federal information system" (OMB Circular A-130). The recipients breach procedures must include a requirement to report actual or imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 10. All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 5 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 11. Specific post -award approval required to use a noncompetitive approach in any procurement contract that would exceed $150,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $150,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post -award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $150,000)), and are incorporated by reference here. 12. Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 13. Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants Financial Guide"). 14. Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 15. OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://ojp.gov/funding/Implement/TrainingPrinciplesForGrantees-Subgrantees.htm. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 6 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 16. Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 17. Potential imposition of additional requirements The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 18. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 19. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 20. Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38, specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38 also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith -based or religious organizations. The text of the regulation, now entitled "Partnerships with Faith -Based and Other Neighborhood Organizations," is available via the Electronic Code of Federal Regulations (currently accessible at https://www.ecfr.gov/cgi- bin/ECFR?page=browse), by browsing to Title 28 -Judicial Administration, Chapter 1, Part 38, under e -CFR "current" data. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 7 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 21. Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 22. Compliance with general appropriations -law restrictions on the use of federal funds (FY 2018) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2018, are set out at https://ojp.gov/funding/Explore/FY18AppropriationsRestrictions.htm, and are incorporated by reference here. Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations -law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 23. Reporting Potential Fraud, Waste, and Abuse, and Similar Misconduct The recipient and any subrecipients ("subgrantees") must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award -- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by-- (1) mail directed to: Office of the Inspector General, U.S. Depaitnuent of Justice, Investigations Division, 1425 New York Avenue, N.W. Suite 7100, Washington, DC 20530; and/or (2) the DOJ OIG hotline: (contact information in English and Spanish) at (800) 869-4499 (phone) or (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 8 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 24. Restrictions and certifications regarding non -disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient -- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both -- a. it represents that -- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 9 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 25. Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 26. Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. 27. Requirement to disclose whether recipient is designated "high risk" by a federal grant -making agency outside of DOJ If the recipient is designated "high risk" by a federal grant -making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 28. Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 10 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 29. FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $25,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $25,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30. Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 31. Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 32. Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Package (GSP) and all constituent elements, where applicable, as described at: https:/ / it.ojp.gov/ gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 33. Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 34. Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c) -(d). The recipient may not satisfy such a fine with federal funds. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 11 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 35. Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 36. Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 37. Verification and updating of recipient contact information The recipient must verify its Point of Contact(POC), Financial Point of Contact (FPOC), and Authorized Representative contact information in GMS, including telephone number and e-mail address. If any information is incorrect or has changed, a Grant Adjustment Notice (GAN) must be submitted via the Grants Management System (GMS) to document changes. 38. Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 39. Justification of consultant rate Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of such funds. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 12 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 40. Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 41. Certification of Compliance with 8 U.S.C. 1373 and 1644 (within the funded "program or activity") required for valid award acceptance by a local government In order validly to accept this award, the applicant local government must submit the required "State or Local Government: FY 2018 Certification of Compliance with 8 U.S.C. 1373 and 1644" (executed by the chief legal officer of the local government). Unless that executed certification either-- (1) is submitted to OJP together with the fully - executed award document, or (2) is uploaded in OJP's GMS no later than the day the signed award document is submitted to OJP, any submission by a local government that purports to accept the award is invalid. If an initial award -acceptance submission by the recipient is invalid, once the local government does submit the necessary certification regarding 8 U.S.C. 1373 and 1644, it may submit a fully -executed award document executed by the local government on or after the date of that certification. For purposes of this condition, "local government" does not include any Indian tribe. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 13 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 42. Noninterference (within the funded "program or activity") with federal law enforcement: 8 U.S.C. 1373 and 1644; ongoing compliance 1. With respect to the "program or activity" funded in whole or part under this award (including any such program or activity of any subrecipient at any tier), throughout the period of performance, no State or local government entity, - agency, or -official may prohibit or in any way restrict-- (1) any government entity or -official from sending or receiving information regarding citizenship or immigration status as described in 8 U.S.C. 1373(a); or (2) a government entity or -agency from sending, requesting or receiving, maintaining, or exchanging information regarding immigration status as described in either 8 U.S.C. 1373(b) or 1644. Any prohibition (or restriction) that violates this condition is an "information -communication restriction" under this award. 2. Certifications from subrecipients. The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or educational institution that would receive the subaward, using the appropriate form available at https://ojp.gov/funding/Explore/SampleCertifications-8USC1373.htm. Also, the recipient must require that no subrecipient (at any tier) may make a further subaward to a State, a local government, or a public institution of higher education, unless it first obtains a certification of compliance with 8 U.S.C. 1373 and 1644, properly executed by the chief legal officer of the government or institution that would receive the further subaward, using the appropriate OJP form. 3. The recipients monitoring responsibilities include monitoring of subrecipient compliance with the requirements of this condition. 4. Allowable costs. Compliance with these requirements is an authorized and priority purpose of this award. To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) that the recipient, or any subrecipient at any tier that is a State, a local government, or a public institution of higher education, incurs to implement this condition. 5. Rules of Construction A. For purposes of this condition: (1) "State" and "local government" include any agency or other entity thereof, but not any institution of higher education or any Indian tribe. (2) A "public" institution of higher education is defined as one that is owned, controlled, or directly funded (in whole or in substantial part) by a State or local government. (Such a public institution is considered to be a "government entity," and its officials to be "government officials.") (3) "Program or activity" means what it means under title VI of the Civil Rights Act of 1964 (see 42 U.S.C. 2000d -4a). (4) "Immigration status" means what it means under 8 U.S.C. 1373 and 8 U.S.C. 1644; and terms that are defined in 8 U.S.C. 1101 mean what they mean under that section 1101, except that "State" also includes American Samoa. (5) Pursuant to the provisions set out at (or referenced in) 8 U.S.C. 1551 note ("Abolition ... and Transfer of Functions"), references to the "Immigration and Naturalization Service" in 8 U.S.C. 1373 and 1644 are to be read as references to particular components of the Department of Homeland Security (DHS). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, any public institution of higher education, or any other entity (or individual) to violate any federal law, including any applicable civil rights or nondiscrimination law. IMPORTANT NOTE: Any questions about the meaning or scope of this condition should be directed to OJP, before OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 14 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS award acceptance. 43. Authority to obligate award funds contingent on noninterference (within the funded "program or activity") with federal law enforcement (8 U.S.C. 1373 and 1644); unallowable costs; notification 1. If the recipient is a "State," a local government, or a "public" institution of higher education: A. The recipient may not obligate award funds if, at the time of the obligation, the "program or activity" of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that is funded in whole or in part with award funds is subject to any "information -communication restriction." B. In addition, with respect to any project costs it incurs "at risk," the recipient may not obligate award funds to reimburse itself if -- at the time it incurs such costs -- the program or activity of the recipient (or of any subrecipient at any tier that is a State, a local government, or a public institution of higher education) that would be reimbursed in whole or in part with award funds was subject to any information -communication restriction. C. Any drawdown of award funds by the recipient shall be considered, for all purposes, to be a material representation by the recipient to OJP that, as of the date the recipient requests the drawdown, the recipient and each subrecipient (regardless of tier) that is a State, local government, or public institution of higher education, is in compliance with the award condition entitled "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance." D. The recipient must promptly notify OJP (in writing) if the recipient, from its requisite monitoring of compliance with award conditions or otherwise, has credible evidence that indicates that the funded program or activity of the recipient, or of any subrecipient at any tier that is either a State or a local government or a public institution of higher education, may be subject to any information -communication restriction. In addition, any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must require prompt notification to the entity that made the subaward, should the subrecipient have such credible evidence regarding an information -communication restriction. 2. Any subaward (at any tier) to a subrecipient that is a State, a local government, or a public institution of higher education must provide that the subrecipient may not obligate award funds if, at the time of the obligation, the program or activity of the subrecipient (or of any further such subrecipient at any tier) that is funded in whole or in part with award funds is subject to any information -communication restriction. 3. Absent an express written determination by DOJ to the contrary, based upon a finding by DOJ of compelling circumstances (e.g., a small amount of award funds obligated by the recipient at the time of a subrecipient's minor and transitory non-compliance, which was unknown to the recipient despite diligent monitoring), any obligations of award funds that, under this condition, may not be made shall be unallowable costs for purposes of this award. In making any such determination, DOJ will give great weight to evidence submitted by the recipient that demonstrates diligent monitoring of subrecipient compliance with the requirements set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition. 4. Rules of Construction A. For purposes of this condition "information -communication restriction" has the meaning set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference ... 8 U.S.C. 1373 and 1644 and ongoing compliance" condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 15 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 44. Noninterference (within the funded "program or activity") with federal law enforcement: No public disclosure of certain law enforcement sensitive information SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference: No public disclosure of federal law enforcement information in order to conceal, harbor, or shield Consistent with the purposes and objectives of federal law enforcement statutes and federal criminal law (including 8 U.S.C. 1324 and 18 U.S.C. chs. 1, 49, 227), no public disclosure may be made of any federal law enforcement information in a direct or indirect attempt to conceal, harbor, or shield from detection any fugitive from justice under 18 U.S.C. ch. 49, or any alien who has come to, entered, or remains in the United States in violation of 8 U.S.C. ch. 12 -- without regard to whether such disclosure would constitute (or could form a predicate for) a violation of 18 U.S.C. 1071 or 1072 or of 8 U.S.C. 1324(a). 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition -- (1) the term "alien" means what it means under section 101 of the Immigration and Nationality Act (see 8 U.S.C. 1101(a)(3)); (2) the term "federal law enforcement information" means law enforcement sensitive information communicated or made available, by the federal government, to a State or local government entity, -agency, or -official, through any means, including, without limitation-- (1) through any database, (2) in connection with any law enforcement partnership or -task-force, (3) in connection with any request for law enforcement assistance or -cooperation, or (4) through any deconfliction (or courtesy) notice of planned, imminent, commencing, continuing, or impending federal law enforcement activity; (3) the term "law enforcement sensitive information" means records or information compiled for any law enforcement purpose; and (4) the term "public disclosure" means any communication or release other than one-- (a) within the recipient, or (b) to any subrecipient (at any tier) that is a government entity. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 16 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 45. Noninterference (within the funded "program or activity") with federal law enforcement: Interrogation of certain aliens SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by this award, as of the date the recipient accepts this award, and throughout the remainder of the period of performance for the award. Its provisions must be among those included in any subaward (at any tier). 1. Noninterference with statutory law enforcement access to correctional facilities Consonant with federal law enforcement statutes and regulations -- including 8 U.S.C. 1357(a), under which certain federal officers and employees "have power without warrant ... to interrogate any alien or person believed to be an alien as to his right to be or to remain in the United States," and 8 C.F.R. 287.5(a), under which that power may be exercised "anywhere in or outside the United States" -- within the funded program or activity, no State or local government entity, -agency, or -official may interfere with the exercise of that power to interrogate "without warrant" (by agents of the United States acting under color of federal law) by impeding access to any State or local government (or government -contracted) correctional facility by such agents for the purpose "interrogat[ing] any alien or person believed to be an alien as to his [or her] right to be or to remain in the United States." 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under section 101 of the Immigration and Nationality Act (INA) (see 8 U.S.C. 1101(a)(3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)). (3) The term "impede" includes taking or continuing any action, or implementing or maintaining any law, policy, rule, or practice, that -- (a) is designed to prevent or to significantly delay or complicate, or (b) has the effect of preventing or of significantly delaying or complicating. B. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 17 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 46. Noninterference (within the funded "program or activity") with federal law enforcement: Notice of scheduled release SCOPE. This condition applies with respect to the "program or activity" that is funded (in whole or in part) by the award, as of the date the recipient accepts the award, and throughout the remainder of the period of performance. Its provisions must be among those included in any subaward at any tier. 1. Noninterference with "removal" process: Notice of scheduled release date and time Consonant with federal law enforcement statutes -- including 8 U.S.C. 1231 (for an alien incarcerated by a State or local government, a 90 -day "removal period" during which the federal government "shall" detain and then "shall" remove an alien from the U.S. "begins" no later than "the date the alien is released from ... confinement"; also, the federal government is expressly authorized to make payments to a "State or a political subdivision of the State ... with respect to the incarceration of [an] undocumented criminal alien"); 8 U.S.C. 1226 (the federal government "shall take into custody" certain criminal aliens "when the alien is released"); and 8 U.S.C. 1366 (requiring an annual DOJ report to Congress on "the number of illegal alien[ felons] in Federal and State prisons" and programs underway "to ensure the prompt removal" from the U.S. of removable "criminal aliens") -- within the funded program or activity, no State or local government entity, -agency, or -official (including a government -contracted correctional facility) may interfere with the "removal" process by failing to provide -- as early as practicable (see para. 4.C. below) -- advance notice to DHS of the scheduled release date and time for a particular alien, if a State or local government (or government - contracted) correctional facility receives from DHS a formal written request pursuant to the INA that seeks such advance notice. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions (e.g., training) designed to ensure compliance with this condition. 4. Rules of construction A. For purposes of this condition: (1) The term "alien" means what it means under section 101 of the INA (see 8 U.S.C. 1101(a)(3)). (2) The term "correctional facility" means what it means under the title I of the Omnibus Crime Control and Safe Streets Act of 1968 (see 34 U.S.C. 10251(a)(7)). B. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, any State or local government, or any other entity or individual to maintain (or detain) any individual in custody beyond the date and time the individual otherwise would have been released. C. Applicability (1) Current DHS practice is ordinarily to request advance notice of scheduled release "as early as practicable (at least 48 hours, if possible)." (See DHS Form I -247A (3/17)). If (e.g., in light of the date DHS made such request) the scheduled release date and time for an alien are such as not to allow for the advance notice that DHS has requested, it shall NOT be a violation of this condition to provide only as much advance notice as practicable. (2) Current DHS practice is to use the same form for a second, distinct purpose -- to request that an individual be OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 18 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS detained for up to 48 hours AFTER the scheduled release. This condition does NOT encompass such DHS requests for detention. D. Both the "Rules of Construction" and the "Important Note" set out in the "Noninterference (within the funded 'program or activity') with federal law enforcement: 8 U.S.C. 1373 and 1644 and ongoing compliance" award condition are incorporated by reference as though set forth here in full. 47. Requirement to collect certain information from subrecipients The recipient may not make a subaward to a State, a local government, or a "public" institution of higher education, unless it first obtains from the proposed subrecipient responses to the questions identified in the program solicitation as "Information regarding Communication with the Department of Homeland Security (DHS) and/or Immigration and Customs Enforcement (ICE)." All subrecipient responses must be collected and maintained by the recipient, consistent with regular document retention requirements, and must be made available to DOJ upon request. Responses to these questions are not required from subrecipients that are either a tribal government/organization, a nonprofit organization, or a private institution of higher education. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 19 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 48. Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 49. Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 20 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 50. Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 51. Certification of body armor "mandatory wear" policies The recipient agrees to submit a signed certification that all law enforcement agencies receiving body armor purchased with funds from this award have a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic -resistant and stab - resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. 52. Body armor - compliance with NIJ standards and other requirements Ballistic -resistant and stab -resistant body armor purchased with JAG award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards and is listed on the NIJ Compliant Body Armor Model List (https://nij.gov/topics/technology/body-armor/Pages/compliant-ballistic-armor.aspx). In addition, ballistic -resistant and stab -resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information can be found here: https:/ / nij.gov/ topics/ technology/ body -armor/ pages/ safety-initiative.aspx. 53. Body armor - impact on eligibility for other program funds The recipient understands that the use of funds under this award for purchase of body armor may impact eligibility for funding under the Bulletproof Vest Partnership (BVP) program, a separate program operated by BJA, pursuant to the BVP statute at 34 USC 10531(c)(5). 54. Reporting requirements The recipient must submit quarterly Federal Financial Reports (SF -425) and semi-annual performance reports through OJP's GMS (https://grants.ojp.usdoj.gov). Consistent with the Depaitiuent's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website (www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 55. Required data on law enforcement agency training Any law enforcement agency receiving direct or sub -awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. 56. Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 21 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 57. Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2017 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2017), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum-- (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via a Grant Adjustment Notice). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at - risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through a Grant Adjustment Notice, the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at -risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. Nothing in this condition shall be understood to authorize the recipient (or any subrecipient at any tier) to use award funds to "supplant" State or local funds in violation of the recipient's certification (executed by the chief executive of the State or local government) that federal funds will be used to increase the amounts of such funds that would, in the absence of federal funds, be made available for law enforcement activities. 58. Use of funds for DNA testing; upload of DNA profiles If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. No profiles generated under this award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. 59. Three percent set-aside for NIBRS compliance The recipient must ensure that at least 3 percent of the total amount of this award is dedicated to achieving full compliance with the FBI's National Incident -Based Reporting System (NIBRS), unless the FBI or appropriate State official has certified that the recipient locality is already NIBRS compliant, and evidence of this has been submitted to and approved by BJA. The recipient will be required by BJA to make revisions to budgets that do not clearly indicate what projects will be supported by this 3 percent set-aside, unless evidence of NIBRS compliance has been submitted to and approved by BJA. Recipients serving as fiscal agents for "disparate jurisdictions," (as defined at 34 USC 10156(d)(4)) have to pass this requirement through to in subawards to other localities in the disparate jurisdiction, so that each locality in a disparate jurisdiction group dedicates at least 3 percent of award funds to NIBRS compliance, unless, with respect to each locality in the disparate jurisdiction group, evidence of NIBRS compliance has been submitted to and approved by BJA. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 22 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 60. Encouragement of submission of "success stories" BJA strongly encourages the recipient to submit annual (or more frequent) JAG success stories. To submit a success story, sign in to a My BJA account at https:/ / www.bja.gov/ Login.aspx to access the Success Story Submission form. If the recipient does not yet have a My BJA account, please register at https:/ / www.bja.gov/ profile.aspx. Once registered, one of the available areas on the My BJA page will be "My Success Stories." Within this box, there is an option to add a Success Story. Once reviewed and approved by BJA, all success stories will appear on the BJA Success Story web page at https:/ / www.bja.gov/ SuccessStoryList.aspx. 61. Withholding of funds: Required certification from the chief executive of the applicant government The recipient may not obligate, expend, or draw down any award funds until the recipient submits the required "Certifications and Assurances by the Chief Executive of the Applicant Government," properly -executed (as determined by OJP), and a Grant Adjustment Notice (GAN) has been issued to remove this condition. 62. The recipient agrees promptly to provide, upon request, financial or programmatic -related documentation related to this award, including documentation of expenditures and achievements. 63. The recipient understands that it will be subject to additional financial and programmatic on-site monitoring, which may be on short notice, and agrees that it will cooperate with any such monitoring. 64. Withholding of funds: Subrecipient monitoring policies The recipient's response to the Subrecipient Management and Monitoring question(s) of the Financial Management and System of Internal Controls Questionnaire indicates that the recipient may not have controls in place to monitor the activities of any subrecipient, as necessary, to ensure that the subaward is used for authorized purposes in compliance with Federal laws, regulations, and the terms and conditions of the subaward and that subaward performance goals are achieved. (See 2 CFR 200.331(d)). The recipient agrees to submit a copy of its subrecipient monitoring policies and procedures to the OJP program office. If the recipient anticipates that it will not make a subaward under this award then, instead of submitting subrecipient monitoring policies and procedures, the recipient agrees that it must advise OJP in writing that it does not intend to make a subaward under this award. The recipient may not obligate, expend, or draw down funds under this award until either-- (1) the OJP program office has received, and OJP has reviewed and approved, the subrecipient monitoring policies and procedures, or (2) the OJP program office has received and considered the recipient's written communication and has agreed (for purposes of federal grants administrative requirements) that no subawards are anticipated under this award ? and a Grant Adjustment Notice has been issued to remove this condition. The recipient understands and agrees that it is obligated to immediately notify the OJP grant manager in writing of any later change in its plan to make or not make a subaward under this award. 65. Withholding of funds: Disclosure of lobbying The recipient may not obligate, expend, or draw down any funds under this award until it has provided to the grant manager for this OJP award a complete Disclosure of Lobbying Activities (SF -LLL) form, and OJP has issued a Grant Adjustment Notice to remove this special condition. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance AWARD CONTINUATION SHEET Grant PAGE 23 OF 23 PROJECT NUMBER 2018 -DJ -BX -0408 AWARD DATE 10/01/2018 SPECIAL CONDITIONS 66. Withholding of funds: Completion of "OJP financial management and grant administration training" required The recipient may not obligate, expend, or draw down any award funds until-- (1) OJP determines that the recipient's Point of Contact (POC) and all Financial Points of Contact (FPOCs) for this award have successfully completed an "OJP financial management and grant administration training" on or after January 1, 2016, and (2) OJP issues a Grant Adjustment Notice (GAN) to modify or remove this condition. Once both the POC and all FPOCs have successfully completed the training required by this condition, the recipient may contact the designated grant manager for the award to request initiation of a GAN to remove this condition. A list of the OJP trainings that OJP will consider an "OJP financial management and grant administration training" for purposes of this condition is available at https://ojp.gov/training/fints.htm. All trainings that satisfy this condition include a session on grant fraud prevention and detection. 67. Recipient may not obligate, expend or drawdown funds until the Bureau of Justice Assistance, Office of Justice Programs has received and approved the required application attachment(s) and has issued a Grant Adjustment Notice (GAN) releasing this special condition. OJP FORM 4000/2 (REV. 4-88) U.S. Department of Justice Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Memorandum To: Official Grant File From: Orbin Terry, NEPA Coordinator Subject: Incorporates NEPA Compliance in Further Developmental Stages for City of Corpus Christi The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party. Accordingly, prior to obligating funds for any of the specified activities, the grantee must first determine if any of the specified activities will be funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100 -year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. Please be sure to carefully review the grant conditions on your award document, as it may contain more specific information about environmental compliance. �M�gropi %,11 U.S. Department of justice o�a� r�, i Office of Justice Programs f Q Bureau of Justice Assistance ''o 4 , 'v, jUSTICt Q... GRANT MANAGER'S MEMORANDUM, PT. I: PROJECT SUMMARY Grant PROJECT NUMBER 2018 -DJ -BX -0408 PAGE 1 OF 1 This project is supported under FY18(BJA - JAG State & JAG Local) Title I of Pub. L. No. 90-351 (generally codified at 34 U.S.C. 10101 - 10726), including subpart I of part E (codified at 34 U.S.C. 10151 - 10158); see also 28 U.S.C. 530C(a) 1. STAFF CONTACT (Name & telephone number) Wendy Y. Rose (202) 514-7842 2. PROJECT DIRECTOR (Name, address & telephone number) Pat Eldridge Police Management Services Director P. O.Box 9016 Corpus Christi, TX 78469-9016 (361) 886-2696 3a. TITLE OF THE PROGRAM BJA FY 18 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation 3b. POMS CODE (SEE INSTRUCTIONS ON REVERSE) 4. TITLE OF PROJECT Edward Byrne Memorial Justice Assistance Grant 5. NAME & ADDRESS OF GRANTEE City of Corpus Christi 1201 Leopard Street P.O. BOX 9277 Corpus Christi, TX 78469 6. NAME & ADRESS OF SUBGRANTEE 7. PROGRAM PERIOD FROM: 10/01/2017 TO: 09/30/2021 8. BUDGET PERIOD FROM: 10/01/2017 TO: 09/30/2021 9. AMOUNT OF AWARD $ 178,821 10. DATE OF AWARD 10/01/2018 11. SECOND YEAR'S BUDGET 12. SECOND YEAR'S BUDGET AMOUNT 13. THIRD YEAR'S BUDGET PERIOD 14. THIRD YEAR'S BUDGET AMOUNT 15. SUMMARY DESCRIPTION OF PROJECT (See instruction on reverse) The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and units of local government, including tribes, to support a broad range of criminal justice related activities based on their own state and local needs and conditions. Grant funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice, including for any one or more of the following purpose areas: 1) law enforcement programs; 2) prosecution and court programs; 3) prevention and education programs; 4) corrections and community corrections programs; 5) drug treatment and enforcement programs; 6) planning, evaluation, and technology improvement programs; 7) crime victim and witness programs (other than compensation); and 8) mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. This Local JAG award will be shared by the County and one or more jurisdictions identified as disparate within the current Fiscal Year eligibility list OJP FORM 4000/2 (REV. 4-88) (www.bja.gov/Jag). JAG funding will be used to support criminal justice initiatives that fall under one or more of the allowable program areas above. Any equipment purchases or funded initiatives such as overtime, task forces, drug programs, information sharing, etc. will be aimed at reducing crime and/or enhancing public/officer safety. NCA/NCF AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of October 30, 2018 Second Reading for the City Council Meeting of November 13, 2018 DATE: October 3, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Alley Right -of -Way and Easement Closure located between Morgan Avenue and Elizabeth Street and between Ocean Drive and Third Street CAPTION: Ordinance closing, abandoning and vacating two public alleys totaling 5,767 square feet located between Morgan Avenue and Elizabeth Street and between Ocean Drive and Third Street, 1,654 square feet of an existing 5 -foot wide drainage easement, and partial closure, abandonment and vacation of 10,618 square feet of an existing 30 -foot wide utility and drainage easement dedicated by separate instrument and shown on the Plat of Ocean View Addition Volume 1, Page 11 and Volume 62, Page 130 and 131 Deed and Map Records of Nueces County, located at 600 Elizabeth Street; and requiring the Owner, Christus Spohn Health System Corporation, to comply with specified conditions. PURPOSE: The purpose of this ordinance is to partially close, vacate, and abandon two public alleys, a drainage easement and a partial utility and drainage easement is to facilitate further expansion of the hospital. BACKGROUND AND FINDINGS: Christus Spohn Health System Corporation (Owner) is requesting the partial closure, vacation, and abandonment of 2,280 square feet, 3,487 square feet, of public right-of-way (two alleys), and 330.92 -feet (1,654 square feet) of an existing 5 -foot wide drainage easement and 353.92 -feet (10,618 square feet) of an existing 30 -foot wide utility and drainage easement dedicated by separate instrument and shown on the Plat of Ocean View Addition Volume 1, Page 11 and Volume 62, Page 130 and 131 Deed and Map Records of Nueces County, Texas, located between Morgan Avenue and Elizabeth Street and between Ocean Drive and Third Street. Page 1 of 3 This partial closure, vacation, and abandonment is being requested by the owner to facilitate further expansion of the hospital. ALTERNATIVES: Denial of the proposed partial public right-of-way closures and partial drainage easement closures, abandonments, and vacations. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances, Section 49-12 and Section 49-13. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies stated objections regarding the proposed partial public right- of-way closures and partial drainage easement closures. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not Applicable Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: Staff recommends approval of the partial public right-of-way closures and partial easement closures, vacations, and abandonments. The Owners must comply with all the following specified conditions of the public right-of-way closure ordinance: Page2of3 a. Upon approval by the City Council and issuance of the ordinance, all grants of public street, alley, and easement right-of-way closure and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. Failure to record this Ordinance within 90 days will hereby make the Ordinance null and void. b. The maintenance responsibilities for the vacated public right-of-way and partial easement closures reverts to Christus Spohn Health System Corporation (Owner). LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Presentation Page 3 of 3 Ordinance closing, abandoning and vacating two public alleys totaling 5,767 square feet located between Morgan Avenue and Elizabeth Street and between Ocean Drive and Third Street, 1,654 square feet of an existing 5 -foot wide drainage easement, and partial closure, abandonment and vacation of 10,618 square feet of an existing 30 -foot wide utility and drainage easement dedicated by separate instrument and shown on the Plat of Ocean View Addition Volume 1, Page 11 and Volume 62, Page 130 and 131 Deed and Map Records of Nueces County, located at 600 Elizabeth Street; and requiring the Owner, Christus Spohn Health System Corporation, to comply with specified conditions. WHEREAS, Christus Spohn Health System Corporation (Owner) is requesting the partial closure, abandonment, and vacation of 2,280 square feet, 3,487 square feet of public right-of-way (two alleys) located between Morgan Avenue and Elizabeth Street and between Ocean Drive and Third Street dedicated and shown by Plat of Ocean View Addition Volume 1, Page 11 and Volume 62, Page 130 and 131 Deed and Map Records of Nueces County, Texas, 78404; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate 2,280 square feet, 3,487 square feet of public right-of-way (two alleys), subject to compliance by the Owner with the conditions specified in this ordinance; and WHEREAS, no further payment shall be required for any public street or other public way established by a recorded plat, survey, deed, easement, gift or other means and which is not improved and used for any public street purpose. The term "public street purpose" is hereby defined to include, but is not limited to curbs, gutters, sidewalks, pavement, drainage ditches, water, sewer and gas lines, line poles and wires, and other public utility installations; and WHEREAS, no further payment shall be required for the closure of all or a portion of a public alley when such property would be acquired by an abutting property owner. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of Christus Spohn Health System Corporation (Owner), 2,280 square feet and 3,487 square feet of public right-of-way (two alleys) located between Morgan Avenue and Elizabeth Street and between Ocean Drive and Third Street dedicated and shown by Plat of Ocean View Addition Volume 1, Page 11 and Volume 62, Page 130 and 131 Deed and Map Records of Nueces County, Texas, is closed, abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. "Exhibit A and D" which is a metes and bounds description and field notes, "Exhibit B and E", which is the graphical representation of the legal, and "Exhibit C and F", which is a location map, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. Pursuant to the request of Christus Spohn Health System Corporation (Owner), 330.92 -feet (1,654 square feet) of an existing 5 -foot wide drainage easement and 353.92 -feet (10,618 square feet) of an existing 30 -foot wide utility and drainage easement out of Lot 4, Block IIA, Ocean View Addition, dedicated by separate instrument and shown on a map which is recorded in Volume 62, Pages 130 and 131, Deed and Map Records of Nueces County, Texas, is abandoned and vacated by the City of Corpus Christi ("City"), subject to the Owners' compliance with the conditions specified in Section 2 of this ordinance. "Exhibit AA and DD" which is a metes and bounds description and field notes, "Exhibit BB and EE", which is the graphical representation of the legal, and "Exhibit CC and FF", which is a location map, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 3. The closing, abandonment and vacation of the alleys and easement described in Section 1 & 2 of this ordinance is expressly conditioned upon the Owners' compliance with the following requirements: a. Upon approval by the City Council and issuance of the ordinance, all grants of alley and easement right-of-way closures and specified conditions must be recorded at the Owners' expense in the Official Deed and Map Records of Nueces County, Texas, in which the affected property is located, with a copy of the recording provided to the City. Failure to record this Ordinance within 90 days will hereby make the Ordinance null and void. b. The maintenance responsibilities for the vacated alleys and easements reverts to Christus Spohn Health System Corporation (Owner). 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: City of Corpus Christi: Rebecca Huerta City Secretary Joe McComb Mayor Exhibit A 0.052 Acre Alley Closure STATE OF TEXAS COUNTY OF NUECES Job No. 42711.B508 April 6, 2016 Fieldnotes, for a 0.052 Acre Alley Closure, being a portion of a 15 Foot Wide Alley, dedicated and shown by Plat of Ocean View, a map of which is recorded in Volume 1, Page 11, of the Map Records of Nueces County, Texas; the said 0.052 Acre Alley Closure being more fully described as follows: Beginning, on the South Right -of -Way of Morgan Avenue, the Northeast corner of Lot 4, Block IIA, Ocean View Addition, a map of which is recorded in Volume 62, Page 130, of the said Map Records, for the Northwest corner of the said 15 Foot Wide Alley and this Tract; Thence, North 85°46'14" East, with the said South Right -of -Way, and the North line of the said 15 Foot Wide Alley, 15.52 Feet, to the Northwest corner of Lot 1, Block I, of the said Ocean View, for the Northeast corner of the said 15 Foot Wide Alley and this Tract; Thence, South 19°06'22" East, with the West line of Lots 1-3, of the said Block 1, and the East line of the said 15 Foot Wide Alley, 150.00 Feet, to the North line of a Public Alley, dedicated and shown by the said Ocean View Addition, being the Southwest corner of the said Lot 3, for the Southeast corner of this Tract; Thence, South 70°36'42" West, with the said North line of the Public Alley, 15.00 Feet, to an East line of the said Lot 4, the West line of the said 15 Foot Wide Alley, for the Southwest corner of this Tract; Thence, North 19°06'16" West, with the said 15 Foot Wide Alley and the said East line, 154.06 Feet, to the Point of Beginning, containing 0.052 Acres (2,280 SWFt) of Land, more or less. Bearings based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this Fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying map of Tract described herein. URBAN ENGI E G James D. Carr, R. P. L. S. License No. 6458 S:\Surveying\42711\B508\FN_42711B508_NorthAlley.docx Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Point of Beginning N 85'46'14" E 15.52' Morgan Ave. 0.052 Acres, 2,280 SqFt Portion of a 15' Wide Alley Ocean View Vol. 1, Pg. 11, M.R.N.C.T. O 0 a+. rn, 0. S 70'36'42" W 15.00' 0.080 Acres, 3,487 SqFt All of a Dedicated Alley Ocean View Addition Vol. 62, Pg. 130, M.R.N.C.T. (To be closed by separate instrument) Lot 4, Block IIA Ocean View Addition Vol. 62, Pg. 130 M.R.N.C.T. 0 25 50 GRAPHIC SCALE 1..=50' 0 =122°35'45" R=43.70' L=93.50' T=79.81' CB=S 78°44'33" CL=76.66' S 85°46'14" W 56.82' A =44°49'32" R=32.30' L=25.27' T=13.32' CB=S 63°21'28" W CL=24.63' E Exhibit B Sketch to Accompany Fieldnotes, for a 0.052 Acre Alley Closure, being a portion of a 15 Foot Wide Alley, dedicated and shown by Plat of Ocean View, a map of which is recorded in Volume 1, Page 11, of the Map Records of Nueces County, Texas. URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM DATE: 04/06/2016 SCALE: 1 =50' JOB NO.: 42711.6508 SHEET: 1 of 2 DRAWN BY: CDS urbansurvey1@urbaneng.com 02016 by Urban Engineering Miff � _ o \\, Bay Corpus Christi Site► 0 yet o 0 �L N A ers S1 ree ,\\ COUNTY OF NUECES CITY OF CORPUS CHRISTI Cole Park LOCATION MAP N.T.S. EXHIBIT C URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM DATE: 04/06/2016 SCALE: 1 =50' JOB NO.: 42711.6508 SHEET: 2 of 2 DRAWN BY: CDS urbansurveyl ©urbaneng.com 02016 by Urban Engineering Exhibit A 0.080 Acre Alley Closure STATE OF TEXAS COUNTY OF NUECES Job No. 42711.B508 April 6, 2016 Revised: October 10, 2018 Fieldnotes, for a 0.080 Acre Alley Closure, being all of a Public Alley, dedicated and shown by Plat of Ocean View Addition, a map of which is recorded in Volume 62, Page 130, of the Map Records of Nueces County, Texas; the said 0.080 Acre Alley Closure being more fully described as follows: Beginning, on the West Right -of -Way of Ocean Drive, the Southeast corner of Lot 3, Block I, Ocean View, a map of which is recorded in Volume 1, Page 11, of the said Map Records, for the Northeast comer of the said Public Alley and this Tract; Thence, South 19°06122" East, with the said West Right -of -Way, and the East line of the said Public Alley, 15.52 Feet, to the Northeast corner of Lot 4, of the said Ocean View Addition, for the Southeast corner of the said Public Alley and this Tract; Thence, South 85°46'14" West, with the common line of a North line of the said Lot 4 and a South line of the said a Public Alley, 56.82 Feet, to the beginning of a circular curve to the left, having a delta of 44°49'32", a radius of 32.30 Feet, an arc length of 25.27 Feet, and a chord which bears South 63°21'28" West, 24.63 Feet; Thence, with the said common line, and the said curve to the left, 25.27 Feet, to the beginning of a curve to the right, having a delta of 122°35'45", a radius of 43.70 Feet, an arc length of 93.50 Feet, and a chord which bears North 78°44'33" West, 76.66 Feet; Thence, with the said common line and the said reverse curve to the right, 93.50 Feet, to the Southwest corner of a portion of a 15 Foot Wide Alley, dedicated and shown by the Plat of Ocean View, a map of which is recorded in Volume 1, Page 11, of the said Map Records, for the West corner of the said Public Alley and this Tract; Thence, North 70°36'42" East, with the South line of the said 15 Foot Wide Alley, I5.00 Feet, to the Southeast corner of the said 15 Foot Wide Alley, for the Southwest corner of the said Lot 3; Thence, North 85°46'14" East, with the South line of the said Lot 3, and the North line of the said Public Alley, 135.00 Feet, to the Point of Beginning, containing 0.080 Acres (3,487 SqFt) of Land, more or less. Bearings based on GPS, NAD83, State Plane Coordinates, Texas South Zone 4205. Unless this Fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also refere> a accompanying map of Tract described herein. S:ISurveying1427111B5081FN 42711B508_NorthishAlley.docx (361)854-3101 James D. Carr, R.P.L.S. License No. 6458 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE Firm # 145 • TBPLS Firm # 10032400 Page 1 of 1 FAX (361)854-6001 N 85'46'14" E 15.52' Morgan Ave. 0.052 Acres, 2,280 SqFt Portion of a 15' Wide Alley Ocean View Vol. 1, Pg. 11, M.R.N.C.T. (To be closed by separate instrument) N 70'36'42" E 15.00' 0.080 Acres, 3,487 SqFt All of a Dedicated Alley Ocean View Addition Vol. 62, Pg. 130, M.R.N.C.T. Lot 4, Block IIA Ocean View Addition Vol. 62, Pg. 130 M.R.N.C.T. 0 25 50 GRAPHIC SCALE 1"=50' A =122'35'45" R=43.70' L=93.50' T=79.81' CB=N 78'44'33" CL=76.66' S 85'46'14" W 56.82' A =44'49'32" R=32.30' L=25.27' T=13.32' CB=S 63'21'28" W CL=24.63' W Exhibit Sketch to Accompany Fieldnotes, for a 0.080 Acre Alley Closure, being all of a Public Alley, dedicated and shown by Plat of Ocean View Addition, a map of which is recorded in Volume 62, Page 130, of the Map Records of Nueces County, Texas URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM DATE: 04/06/2016 SCALE: 1 =50' JOB NO.: 42711.B508 SHEET: 1 of 2 DRAWN BY: CDS urbansurvey1@urbaneng.com 02016 by Urban Engineering AMIE 11111111w � _ o Q � Site> - 0 yet o A ers S1 ree COUNTY OF NUECES CITY OF CORPUS CHRISTI Corpus Christi Bay Cole Park LOCATION MAP N.T.S. EXHIBIT F URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANINER DR, CORPUS CHRISTI, TX 78404 PHONE: 361.854.3101 WWW.URBANENG.COM DATE: 04/06/2016 SCALE: 1 =50' JOB NO.: 42711.6508 SHEET: 2 of 2 DRAWN BY: CDS urbansurveyl ©urbaneng.com 02016 by Urban Engineering EXHIBIT AA 0.038 Acres Drainage Easement Closure STATE OF TEXAS COUNTY OF NUECES Job No. 42711.B5.08 February 25, 2016 Rev: May 27, 2016 Fieldnotes, for a 0.038 Acre Tract, being a portion of a 5.0 Foot Wide Drainage Easement, of Lot 4, Block IIA, Ocean View Addition, a map of which is recorded in Volume 62, Pages 130 - 131, of the Map Records of Nueces County Texas; said 0.038 Acres being a portion of the same 5.0 Foot Wide Drainage Easement described in Volume 1993, Pages 298 - 302, Deed Records of Nueces County, Texas and being more fully described by metes and bounds as follows: Commencing, at the Southeast corner of Lot 2, Block IIA, Ocean View Addition, a map of which is recorded in Volume 49, Pages 9 through 10, of the said Map Records, for an inner ell corner of the said Lot 4, Block IIA; Thence, South 19°02'44" East, with the common line of the said 5.0 Foot Wide Drainage Easement and a 30 Foot Wide Utility and Drainage Easement of the said Lot 4, 23.00 Feet, to the Northwest corner and Point of Beginning of this Tract; Thence, North 85°45'12" East, 5.17 Feet, to the East boundary of the said 5.0 Foot Wide Drainage Easement, for the Northeast corner of this Tract; Thence, South 19°02'44" East, with the said East boundary, 330.92 Feet, for the Southeast corner of this Tract; Thence, South 85°45'12" West, with the South line of the said 5.0 Foot Wide Drainage Easement, 5.17 Feet, to the said common line, being the Southeast corner of the said 30 Foot Wide Utility and Drainage Easement, for the Southwest corner of the said 5.0 Foot Wide Drainage Easement and this Tract; Thence, North 19°02'44" West, with the said common line, 330.92 Feet, to the Point of Beginning and containing 0.038 Acres (1,654 SqFt) of Land, more or less; Bearings based on the recorded plat of Lot 4, Block IIA, Ocean View Addition, a map of which is recorded in Volume 62, Pages 130 - 131, of the Map Records of Nueces County Texas. Unless this fieldnotes description, including pry . seal and signature, appears in its entirety, in its original form, surveyor assumes no responsib. Also reference accompanying sketch o S:\Surveying1427111B60010FFICEIMETES AND BOUNDSIFN_427I 18600 20160204,docx (361)854-3101 James D. Carr, R.P.L.S. License No. 6458 2725 SWANTNER DR.. CORPUS CHRISTI, TEXAS 78404 \JvW\/J Lirbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 *I[ Page 1 of FAX (361)854-6001 Lot 22 „No G� o - v N 20'Y.R. Lot 21 Lot 2, Block IIA Ocean View Addition Vol. 49, Pgs. 9-10, Map Records of Nueces County, Texas✓ 20' Fire Lane \ 3 \ 0' 10'Y.R. \ o p W• O c N 0 \ -\ \\ "Point of \ Commencement” Li Si 9'02'44"E 23.00' "Point of,. a Vol. Records LINE BEARING DISTANCE L1 N85'45'12"E 5.17' L2 S85'45'12'W 5.17' 15Wide Alley \ \ Lot 4, Block IIA Ocean View Addition 62, Pgs. 130-131, Map \ of Nueces County, Texas Sketch to Accompany Fieldnotes, for a 0.038 Acre Tract, being o portion of o 5.0 Foot Wide Drainage Easement, of Lot 4, Block /1t1, Ocean View Addition, a map of which is recorded in Volume 62, Pages 130 — 131, of the Mop Records of Nueces County Texas; said 0.038 Acres being a portion of the same 5.0 Foot Wide Drainage Easement described in Volume 1993, Pages 298 — 302, Deed Records of Nueces County, Texas. cri L2 10'Y.R. — — Elizabeth Street 150 100 50 0 ■ ■ ■ ■ ■ EXHIBIT BB Graphic Scale 1"=100' URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS 018I5T. 1X 78404 PHONE: 361.854.3101 WWW.URBANENG.COM 50' 0 \nco 0 50 (IL 100 200 REV: May 27, 2016 DATE: Feb. 23, 2016 SCALE: 111=100' JOB NO.: 42711.65.08 SHEET: 1 of 2 DRAWN BY: XG urbansurveyl ®urbaneng.com © 2016 by Urban Engineering S:\Surveying \42711\8508\5' Drainage Easement Closure revised.dwg, 5/27/2016 1:02:29 PM, DWG To PDF.pc3 Hancock Corpus Christi Bay COUNTY OF NUECES CITY OF CORPUS CHRISTI Cole Park LOCATION MAP N.T.S. EXHIBIT CC URBAN ENGINEERING 1BPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANMER DR, CORPUS CHRISTI, 7X 78404 PHONE 361.854.3101 WWW.URBANENG.COM REV: May 27, 2016 DATE: Feb. 23, 2016 SCALE: NTS JOB NO.: 42711.65.08 SHEET: 2 of 2 DRAWN BY: XG urbansurvey1@urbaneng.com © 2016 by Urban Engineering S:\Surveying\42711\8508\5' Drainage Easement Closure revised.dwg, 5/27/2016 1:11:36 PM, DWG To PDF.pc3 EXHIBIT DD 0.244 Acres Utility and Drainage Easement Closure STATE OF TEXAS COUNTY OF NUECES Job No. 42711.85.08 February 25, 2016 Fieldnotes, for a 0.244 Acre Tract, being a portion of a 30 Foot Wide Utility and Drainage Easement, of Lot 4, Block IIA, Ocean View Addition, a map of which is recorded in. Volume 62, Pages 130 - 131, of the Map Records of Nueces County, Texas; said 0.244 Acres being more fully described by metes and bounds as follows: Beginning, at the Southeast corner of Lot 2, Block IIA, Ocean View Addition, a map of which is recorded in Volume 49, Pages 9 - 10, of the said Map Records, for an inner ell comer of the said Lot 4, Block IIA; Thence, South 19°02'44" East, with the common line of the said 30 Foot Wide Utility and Drainage Easement, a 5.0 Foot Wide Drainage Easement described in Volume 1993, Pages 298 - 302, Deed Records of Nueces County, Texas, 353.92 Feet, being the Southwest comer of the said 5.0 Foot Wide Drainage Easement, for the Southeast corner of the said 30 Foot Wide Utility and Drainage Easement and this Tract; Thence, South 85°45'12" West, with the South line of the said 30 Foot Wide Utility and Drainage Easement, 31.03 Feet, for the Southwest comer of the said 30 Foot Wide Utility and Drainage Easement and this Tract; Thence, North 19°02'44" West, with the West boundary of the said 30 Foot Wide Utility and Drainage Easement, 353.92 Feet, to the common boundary of the said Lot 2 and Lot 4, for the Northwest corner of this Tract; Thence, North 85°45'12" East, with the said common line of Lots 2 and 4, 31.03 Feet, to the Point of Beginning and containing 0.244 Acres (10618 SqFt) of Land, more or less; Bearings based on the recorded plat of Lot 4, Block IIA, Ocean View Addition, a map of which is recorded in Volume 62, Pages 130 and 131, of the Map Records of Nueces County Texas. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility f ccuracy. Also reference accompanying sketch o EN James D. Carr, R.P.L.S. License No. 6458 S:1Surveying142711136001OFFICE\METES AND BOUNDSIFN_42711B600 20160204.docx Page 1 of 1 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Lot 22 v� Lot 21 20'Y.R. �1 Lot 2, Block IIA Ocean View Addition Vol. 49, Pgs. 9-10, Mop Records of Nueces County, Texas' 1 1 1 30 20' Fire Lone 1 1 1 1 1 Y.R• 1 "Point of L2 Beginning" 1 1 1 1 N op z- LINE BEARING DISTANCE L1 585'45'12"W 31.03' L2 N85'45'12"E 31.03' 15' Wide Ailey Lot 4, Block IIA Ocean View Addition 5 0 o Vol. 62, Pgs. 130-131, j 0.1• Records of Nueces County, O ••7;) O O .c.-) L.0 \t/1) 1 1 1 1 Sketch to Accompany Freldnotes, for a 0.244 Acre Tract, being a portion of a 30 Foot Wide Utility and Drainage Easement, of Lot 4, Block 114, Ocean Kew Addition, a map of which is recorded in Volume 62, Pages 130 — 131, of the Map Records of Nueces County, Texas. $'\Su Li 1 150 100 50 10'Y.R. Map Texas 50 Elizabeth Street CT!— 0 10 O 50 0 Graphic Scale 1"=100' EXHIBIT EE ENGINEERING TSPS FlRY NO. 145. TOPES F1RU NO. 100.12400 2725 SWM1NER GR, CORPUS ciasn. TX 78,04 PHONE: .561 .854.3W1 MAY.UREMBIG.00U nrgyinr)\d7711\RS(1R\C7ri9inI Suhmittal\I ltility and nr�inagn\317' I Itility anrd drain 100 200 DATE: Feb. 23, 2018 SCALE: 1'1-100' JOB NO.: 42711.85.08 SHEET: 1 of 2 DRAWN BY: XG urbansurveyl ourbaneng.com 0 2016 by Urban Engineering F�camant C Ina Ira 1wry /7q/7016.1.1 F 5R Plvt rlr� COUNTY OF NUECES CITY OF CORPUS CHRISTI LOCATION MAP N.T.S. EXHIBIT FF DATE Feb. 23, 2016 SCALE: NTS JOB NO.: 42711.85.08 SHEET: 2 of 2 DRAWN BY: XG urbansurveyl ®urbaneng.com S:\Surveying142711\B508\Original Submittal\Utilityand Drainage130' Utility and Drainage EasementCi02O1d6gbY/2Jfl' 3 ggiWirl URBAN ENGINEERING TBPE fRN NO. 145. TBP1S MI NO. 11332400 2725 SWANTNER OR, CORPUS CHRISTI, TX 75404 PHONE: 381.554.3101 WWW.URBANENG.00N Alley and Easement Closures for Christus Spohn Shoreline Hospital City Council Presentation October 30, 2018 Aerial Overview n/1 - g? piiiiwwngEbign Or& t ,�• i1.., ;\i'% If , • a At N Q Roy Miller High School Christos Spohn Memorial Hospital ,CHRISTUS Spohn Hospital Corpus Christi-_ 1 ©Methodist Transplant Hosphal,,. Proposed Easement Closures vorgan ads[rwa@ 1 1 v emainin portion of utility and drainage easement At N Proposed utility and drainage easement closure (30' x 354') • tar 4010... Proposed drainage easement closure (5' x 331') SAIK 1._.11 Proposed Alley Closures m Proposed alley closure (3,487 SqFt) Public Notice • • • • 1 1 s Da 13 GM 6111 10.201 Alp I. Ely :f1k1 Lepa r.renror. PE.opn n[smwsa Staff Recommendation • Approval Drainage Plan B=vcc Sanitary Lint 20Y R.R. --\, a4\ +15 s 4+ Lot 2, Slack IW .+ Ocean Ver f�ditlon St 11 Val. 49, Pgs. 9-10, Mao ` i J Records of Nuecea County. 1 - — a• --.-.7t...7-,. 1 _UW01 e£ 173.0 AGENDA MEMORANDUM Action Item for the City Council Meeting of October 30, 2018 DATE: October 30, 2018 TO: Keith Selman, Interim City Manager FROM: Belinda Mercado, Director of Information Technology bmercardo@cctexas.com (361) 826-3732 Kim Baker, Assistant Director of Financial Services—Purchasing Division KimB2@cctexas.com (361) 826-3169 Cabling Services and Related Products CAPTION: Motion authorizing a one-year service agreement to provide cabling services and related products with Network Cabling Services, Inc., of Houston, Texas for a not to exceed amount of $150,000, with two one-year options for a total potential not to exceed amount of $450,000 through the State DIR cooperative. PURPOSE: The purpose of this agenda item is to execute an on call contract for cabling services for the Information Technologies Department. BACKGROUND AND FINDINGS: This contract is necessary for the City to complete the assessment of the Data Collection Units (DCUs) in order to solve the meter reading going into Infor for the utility billing. This contract will also be used by the Information Technology Department for field support of the fiber network and the public safety video cameras throughout the City. The Purchasing Division is utilizing the State DIR contract for cabling services to expedite this need. This contract was procured by the State of Texas and therefore has met the purchasing requirements. ALTERNATIVES: No feasible alternatives are available. OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State Statues regulating procurements. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Risk Management and Purchasing Division FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $443,605.34 $300,000.00 $743,605.34 Encumbered / Expended Amount $148,727.27 $000,000.00 $148,727.27 This item $150,000.00 $300,000.00 $450,000.00 BALANCE $144,878.07 $000,000.00 $144,878.07 Fund(s): Info Tech Comments: The contract value total is a not to exceed $150,000 which all will be funded in this year's budget and the following years in future year's budgets at $150,000 each year for a total contract value not to exceed $450,000.00. RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: Service Agreement SERVICE AGREEMENT NO. 1955 Cabling Services and Related Products THIS Cabling Services and Related Products Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Network Cabling Services, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Cabling Services and Related Products in response to Request for Bid/Proposal No. DIR-TSO-3708 ("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 Cabling Services and Related Products ("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 one year, 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 one-year 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. This Agreement is for an amount not to exceed $150,000.00, 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. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 .�l Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 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: Travis Cochrane Department: Information Technology Phone: 361.826.3726 Email: travisc@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 001 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 that 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. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 IJV 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City for failure to comply with applicable requirements must be corrected or re -worked immediately at no charge to the City. City shall provide ten days written notice and a reasonable opportunity to cure. If timely correction or re -working at no charge is not made by the Contractor within the cure period, 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 specified 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. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 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 Tess 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 41/ 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 unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, 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 001 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. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 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 applicable 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: Travis Cochrane Deputy Director of Information Technolgy Address: 1201 Leopard St., Corpus Christi, Texas 78401 Phone: 361.826.3726 Service Agreement Standard Form Approved as to Legal Form October 1, 2018 Page 4 of 7 IF TO CONTRACTOR: Network Cabling Services, Inc. Attn: Mark Veltri Title: Chief Operating Officer Address: 12626 Fuqua Street, Houston, Texas 77034 Phone: 281.484.1777 Fax: 281.484.1776 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 BUT ONLY TO THE EXTENT CAUSED BY CONTRACTOR. 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 ten days 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. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 (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, 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 if required by said statute. 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 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 tel)V 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 CONTRACTOR Signature: Printed Nam Title: Chief Operating Officer Date: l UI?3/ / e CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division 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. DIR-TSO-3708 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Approved as to Legal Form October 1, 2018 Page 7 of 7 /i/ Attachment A - Scope of Work The Contractor will provide a wide range of Cabling Services and Related Products — from a single basic cable pull to the rewiring of an entire facility. These cabling services may be related to the planning, design, installation, construction and demolition, maintenance, training or support of IT data/video/voice cabling using balance copper cabling and fiber optic cabling. Cabling installation is needed for multiple cable categories including, but not limited to: Cat 5e Cat 6 Cat 7 Fiber Optic Coax for video distribution (CATV, CCTV (surveillance), satellite (DSS, VSAT)) Contractor shall use Commscope products where available unless provided written approval to use alternative products. The cabling contractor performing the work must be CommScope Certified to perform the work in order to maintain existing systems warranties. Contractor shall provide certified cable test results for each run as appropriate for the type of cable installed upon completion of each task order. Contactor shall provide copies of Commscope certifications for all personnel performing work under this agreement. Work will be performed on as needed basis and compensated in accordance with the attached DIR Pricing Schedule and associated zone map. Attachment B - Schedule of Pricing Network Cabling Services, Inc. 4PPendla C Pricing Inde, Cabling Sb Ate, (price Per Pull) Zone1 l Zones lone Zone Zone I Cat Se cable -Installed, terminated, tested and labeled Including wad plate, pa and certification report_ 0.10 Pulls 0-150 Feet 151-300 Feet 59800 5125. 5125.00 598.00 59800 510800 5135 00 5135.00 5108.09 5108.00 11.50 Pulls 0-150 Feet 151-300 Feet 585.00 5100 00 510060 58500 58500 595.00 5110 00 5110.00 595.00 595.00 51 100 Pulls O 150 Peet 151300 Poet 570. 585 00 585.00 570.00 170.00 580.2 595 00 595.00 580.00 580.00 101 200 Pulls 0-150 Feet 151-300 Feet 580.04 $70 00 570.00 56000 560.00 570 `_01 580 00 580.00 570 00 570.00 Over 200 Pu:k 0.1500.01 151 300 Feet 960. 570 OJ 570.00 160.00 560.00 $TO➢ 580.00 580.00 570.00 570.00 Cat 6 cable • Installed. terminated. tested and labeled Including wall plate, peck and certification report. 0 30 Pulls 0 150 Feet 151 300 Feet 598.001 5125 00 5125.00 598.00 598.00 5108.001 513500 513500 3108.00 510800 11 50 Pulls 0.150 Feet 151.300 Feet $85.01 5100 091 5100.00 585.00 585.00 595.0ei 5110 001 5110.00 59500 595.00 51 100 Pulls 0 150 Feet 151 300 Feet 570.00 585 W 585 00 570.00 570.00 58000 39500 595.00 580.00 580.00 101-200Puib 0-150 Feet 151.300 Feet 56000 57003 570.00 560.00 560.00 570001 58000 580.00 370.00 57000 Over 200 Pulls 0-150 Feet 151-300 Feet 560 00 570 01 570.00 560.00 560.00 51000 5600 580.00 570.00 570.00 Cabling Serrata: (per pull) Inbar Only Price sheet Cabling Services (prkePec pull) 1 Zone 1 1 Zone2 I Zone3 Zone I Zone5 I Cat 7 cable -Installed, terndnetad, tested and labded Including wall plate, tads and certlflutlan report. 0.10 Pulls 0-150 Feet 151 300 Feet 393.00 512503 5125.00 598.00 59,798.00 5107 00/ 113500 5135.00 3107.00 5107 00 11-50 Pulls 0-150 Feet 151-300 Feet 585.00 515000 3100.00 585.00 585.00 595.00 511000 5110.00 595.00 595.00 51.100 Pulls 0-150 Feet 151-300 Feet 570.00 58500 585.00 570.00 570.00 580.00 545 00 595.00 580.00 580.00 101-200 Pull, 0-150 Feet 151-300 feet 560.00 570 00 570.00 560.00 560.00 570.00 580.00 580.00 570.00 570.00 Over 100 Pulls 0-150 Feet 151 300 Feet 560.09 57000 570.00 560.00 56000 $70.301 56000 580,00 570.00 570.00 Fiber Optic Cable - Installed, terminated, tested and labeled inducting well prate, Oh and 1erODcatl0m report. 0-10 Pulls 0-150 Feet 151-300 Feet 5225 527500 5275.00 5225.00 222500 $250. 5300.00 5300.00 5250.00 5250.00 11 50 Pulls 0-150 Feet 151-300 Feet 521.0031 525000 5250.00 $210.00 5210.00 5235.001 5227500 $275.00 5235.00 5235.00 51-100 Pulls 0-150 Feet 151-300 Feet 519500 5230 00 5230 CO. 5195.00 519500 5220.00 525500 5255.00 5220.00 5220.00 101-200 Pulls 0-150 Feet 151-300 Feet 5180.00E 521000 521000 5180.00 5180.00 5205 524000 3240.00 5205.00 5205.00 Over 200 Pulls 0-150 Feet 151 300 Feet 5180.00 5210 00 5210.00 5180.00 31804 520500 5524000 5240.00 5205.00 5205 Coax Cable tar Video Distribution (CAW, CCN (surveillance), satellite (D55, VSAT() - lnao)led, nominated, tested and labded)edudlne wall is ate, Jack and cwd cation report 0-10 Pulls 0-150 Feet 151.300 Feet 19608 512500 $135.00 107.00 106.00 53070u 51351.0 $13500 510700 $10700 11 50 Pulls 0-150 Feet 151-300 Feet 585.00 5100 00 5100.00 085.00 585.00 $95.00 5110 00 5110.00 595.00 593.00 51-100 Pulls 0-150 Feet 151300 Feet 570 40 585 CO 585.00 570.00 570.00 581110 595 00 595.00 58000 580.00 101 200 Purl 0-150 Feet 500 001 570.00E 570.00 $60.00 540.001 rnV croiy. Lrler anN 151-300 Feet Over 200 Pulls 0-150 Feet 151-300 Feet 170.001 08000' 080.00 $70.00 $70 001 560.00 $70.00 570.00 560.00 $60.00 070.00 580 00 080.00 070.00 070 00 mA/ Lan s lmn and Maodh Network Cabling Services, Inc Appendix C Pridng Index Cabling Services (price per pull) Zone 1 I Zone 2 1 Zone 3 1 Zone 4 f Zone 5 (Cat 5e cable - Installed, terminated, tested end labeled inducting wall plate, Jade and cerdfrcation report. 0-10 Pulls 0-150 Feet 151-300 Feet 5215.00 5235.00 5235.00 5215.00 5215.0 5300.00 5320.00 5320.00 5300.00 5300. 11-50 Pule 0-150 Feet 151-300 Feet 9200 00 $220 00 5220.05 S200.00 5200 00 5280 00 5300 00 5300.00 5280.00 5280 00 51.100 Pule 0-150 Feet 151-300 Feet 5190.00 5210.00 5210.00 5090.00 519000 5270.00 5290 00 5290.00 5270.00 527000 101 200 Pulh 0-150 Feet 151-300 Feet 519000 521000 521000 5190.00 5190 5270.00 529000 529000 5270.00 5270. Over 200 Pulls 0-350 Feet 151-300 Feet $19000 5210 001 921000 5190.00 5190.00 5270 00 5250.00 5290.00 5270.00 $270.00 (Cat 6 cable - installed, terminated, tested and labeled including wall plate, Jack and kation report 0-10 PWB 0-150 Feet 151-300 Feet 5260.00 5285.00 $285.0 5260.00 5260.00 5335 00 5360 00 5360.0 5335.00 5335.00 IS -50 Pule 0-150 Feet 151-300 Feet 524500 5270 00 5270. 5245.00 5245.00- 5320.00 5345.00 5345.0 5320.00 5320.00 51-100 Pulls 0.150 Feet 151-300 Feet 5215.00 526000 5260.0 5235.00 523500 5310.00 5335.00 5335.0 5310.00 5310.00 a 101-200 PcIk 0 150 Feet 151-300 Feet 5235.00 526000 5260.0 5235.00 9235,00 5310.00 5335.00 5335.0 5310.00 5310.00 Over 200 Pulls 0-150 Feet 151-300 Feet 5235 00 5260 CO 5260.0 5235.00 5235 00 5310 00 5335 00 5335.0 5310.00 5.310.00 Cabana iaba and 1,141.4,6 Cabling Services (price per pull) Zone 1 1 Zone 2 Zone 3 1 Zone 4 Zone 5 Cat 2cable - installed, terminated, tested and labeled including wall plate, Jack and certification epart- 0-10 Pulls 0-150 Feet 151-300 feet 5325 04 5355 00 5355 00 $325 00 532500 5450 00 5480 00 5460 00 5450.00 5450.00 11.50 Pulls 0-150 Feet 151-300 Feet 5305 OG 533500 5335 00 530500 5305 00 5435.00 5465 00 5465001 5135.00 5435.00 51-100 Pulls 0-150 Feet 151-300 Feet 5295 0 5325.00 5325.00 5295 00 5295 00 5425 5455.00 5455.00, 5425.00 5425.00 101-200 Pulls 0-150 Feet 151.300 Feet 5295.00 5325.00 5325.00 5295.00 5295.00 5425 06 5455.00 $455.00 5425.00 5425.04 Over 200 Pulls 0-150 Feet 151-300 Feet 5295 00 5525.00 5325.00 5295.00 529500 5425 001 5455.00 5455.00 5425.00 5425 00 499))/ CaUYar lmO, and l.4,arlgr Cobhng Services (price per pull) Zone 1 I Zone 2 I Zone 3 I Zone 4 Zone 5 Coax Cable for Video Distribution (CATV, CCN (surveillance), satellite (DSS, 5547)) - installed terminated, tested and labeled indudng wall plate, jack and certification report. 0-10 Pulls 0-150 Feet 351 300 Feet 5105 oa 5125 00 5125.00 5105.00 5105 00 5115.00 5135.00 5135.00 5315.00 5115.00 11-50 Pulls 0-150 Feet 1.51-300 Feet 535.00 5100.00 5100.00 585.00 585.00 595,00 5110.00 5110.00 595.00 $95.00 51-100 Push 0-150 Feet 151-300 Feet 570.00 585.00 585.00 570.00 57000 580.00 595.00 595.00 580.00 $80 00 101-200 Pulls 0-150 Feet 751-300 Feet 560.00 570.00 570.00 560.00 560.00 570.00 580.00 580.00 570.00 570.00 Over 200 Pulls 0-150 Feet 151-300 Feet 560 00 $70.00 570.00 560.00 560 0 570.00 580.00 Soo.00 570.00 570.0 74v :.ams s..drall Network Cablibng Services, Inc. Appendix C Pricing Index Cabling Services Service Rate Type Zone 1 Zone 2 Zone 3 Zone 4 Zone 5 Example: Cabling Technical Support (Standard hourly rate) Standard 540 00 548 00 548.00 540.00 540 00 Example: Cabling Technlcnl Support (Nights, weekend, holiday rate) Non-standard 560 00 572.00 572.00 560.00 56000 Example: Cabling Project Manager (Standard hourly rate) Standard 548.00 548.00 $48.00 54800 54800 Example: Cabling Project Manager (Non -Standard hourly rote) Non-standard 56800 $68 00 568.00 568 00 56800 Exanrple:Cabling Systems Design (Standard hourly rate) Standard 548.00 $4800 548.00 54800 $4800 Example: Cabling Systems Design (Non -Standard hourly rote) Non-standard 568.00 568.00 568.00 568.00 568 00 Example: Cable Removal (Standard hourly rate) Standard 53500 $40.00 540.00 535.00 53500 Example: Cable Removal (Non -Standard hourly rate) Non-standard 552 50 552 50 552.50 552 50 552 50 Fiber Technician Standard 55000 560.00 560.00 550.00 550.00 Fiber Technician Non-standard $7500 59000 59000 57500 57500 OSP Services Standard 545.00 550.00 550.00 545.00 54500 OSP Services Non-standard 567 50 575 00 57500 567 50 $67 50 Conduit Services Standard 54500 55000 $50 00 54500 55000 Conduit Services Non -Standard 567 50 575 00 $75 00 567 50 567 50 DAS and WAP Service Standard 540.00 548 00 $48.00 540.00 540.00 DA5 and WAP Service Non -Standard 56000 572 00 $72 00 $6000 56000 Firestopping Services Standard 540 00 548 00 548 00 540 00 540 00 Fires -topping Services Non -Standard 560.00 572.00 572.00 560.00 560.00 Security Technician Standard 56500 565.00 565.00 565.00 56500 Security Technician Non -Standard 597.50 597.50 $97.50 597.50 59750 Security Programer Standard 590.00 590.00 590.00 590.00 590.00 Security Programer Non -Standard 513500 5135.00 5135.00 5135.00 $73500 nx t C.Wfn, 5VW ang Faicege DI13--1C-TMe.246 94515 Security Designer Standard $90.00 $90.00 $90.00 $90.00 $90.00 Security Designer Non -Standard $135.00 $135.00 $135.00 $135.00 $135.00 AV Technician Standard $55.00 $55.00 $55.00 $55.00 $55.00 AV Technician Non -Standard $82.50 $82.50 $82.50 $82.50 $82.50 AVProgrammmg Standard $95.00 $95.00 $95.00 $95.00 $95.00 AVProgrammmg Non -Standard $142.50 $142.50 $142.50 $142.50 $142.50 AV Engineering Standard $95.00 $95.00 $95.00 $95.00 $95.00 AVEngineenng Non -Standard $142.50 $142.50 $142.50 $142.50 $142.50 Faicege DI13--1C-TMe.246 94515 Netrak Cablhg Servrce> Inc RppaM4 C Path. Index PROOI'CI 40!¢0013;/56 95071041 Menufaelurer /grind Product Daalpllon Manufaceu•es Pot Number Mmufaevrer44 RuthorlzedResell, (40143 6560 WR Cutt4mee Discount St at, AMP OIRCuaromsr Pace• Cabling Prof., Dasulptlon 11.13559-1 171535 20.7511 517194 410re mmne8emem Amp o;xY aws 14 Rau Rad hly and Installation kir R D atl4 udder 4x6 Including Yvaa6,1 Int 70.750 50.00 Amp ladder/0 re Tray Indenting In5a0atlonkit 70./511 50'00 Amp lbrkanlal Nd Mount 7 5 11751611R 542.53 20.7$11 133.94 Amu IenvmrdRack ldonnr-115' 13/3467.1R 54077 20.7549 511.15 Amp Vertical 0061 skied Rad Mount 1937531-1R 5111.1.03 20750 5026.24 30.00 Patch Panda 0 5138.01 Amp 14 Port Cal Se 1063301R 4047.80 28.7591 bop 4poi I CA So 400311 R 5290.94 20.7591 523230 Amp .00 V0141.44 b 11/30141 R 5207.25 20.2549 3165.4 Amp 4154111 (44 b 1375015 2 R 540839 20.754.' 532608 Fiber Bonn 0 5183.43 Amo 24po,t /435561 R 1 5229.73 20.7511 20,0 48 non 28.7511 50.00 Amo 72 part 5435551.14 5261.75 207544 520873 Patch Cods AMP 3101445 11924.3 R 53.54 20.750 54.42 Amp SfIRNS 1192025R 56.21 20.751i $d.% Amp IIIRuS 149)41-]R 57.16 111.1511 $571 Amp 1014 14 h 1445 17911111R 59.77 20.7354 51.80 Atop SI to SI duplex lobe; Monne., 207513 5000 AMP SC lose aupa 11614wmper3 64187511R 538.17 20.150 $30.56 Amp S1 in sr. duplex Idler Mm0e, • 20.75% 50.00 Amp LC to IC 61J1131/ IR 139.97 10.751 $11.91 Wdl/rece PIMea end Solace Mauna 0 Amv 34110 27110014R $113 28.79% $1.10 2.o. 0,444 21110(9.3 R 52 13 20.7511 51.70 hut/ 04.1 7/11011-3 R 57.13 28./594 51.10 bop 39 Pat 2911017.3 R 57.13 70.7549 $1.70 Cum Mor 0 70.0 1445 201514 50.00 Amp rad 5e 13750919 R 55.47 20.7514 54.69 Amp 51041 13751876 R 59.96 207516 5715 Arno Call 20.7534 50,00 Arnp 51 Aber 55035713 113 52.36 20.7556 51.48 7039 SI MN 5503948/ R 51.91. 701594 53.16 659 It Aber 1918381 3 R 52 90 207510 52.35 Anup 70 fiber 50.00 NeMok Cbiing Son on, Inc BpOerMl0O Prien%Index PROOUCI CatEGOPT/OESQUPTION Manufacture,Brand Product Description Manufacturer's Pel Number Maruhcwrno Md NOred00,00la (M/R) MSPP DIP Cunene 0lrtountIt GBMSPP DR [u7tamn Pnee • Cabling Product Description 50.00 Yfne management Berk lek 10' Oats Rack - Ind rack and Inst.,,fabon H /1/S% Berk lek Ladder Reck-IndldIng kfimOation M 2175% $000 Berk Tek 0,Nare Troy rnueing 1.00 d has?aeonM 0175% 5000 Berk Tek 00/70010) Reek Mount-$ 6' 2175% 50.08 BarkTAetl07nntel Rock Dowd 1 26• 21750 50.08 Berk TA Vertical 01.&dpd Rack Maunt 21]5% $0.00 Berk Ick /6/S% $000 Patch Panels d 50 W Berk.Tek 24 Pon Cat So /175% Bn5Tek 48 pat Cat 50 2175% $0.00 Berk Tek 24 Pan 0016 2115% 5000 Berk Tek 48 pat Cat 6 0175% 50.00 Flea Boxes 0 $0.00 Bert Tek 24 pat 2175% Berk Tek 48 port 2875% 50.00 'Fatal Berk Tek /2 pad 287$% 50.00 cords Berk Tek $ B 0.145 2075% 50.00 Bort lek 500545 26/0% 50.0 Berk TA 780545 2875% 00.00 Bert Tek 101. 14 0 0145 28]5% $000 Be* Tek ST to ST duple Fiber Jumpers IHTS% $000 Berk Sok 5C to 5C duplex Fiber Jumpers IY75% SD. W Beetle* ST to SC dupla. Fear Jumpers /875% 50.00 Berk Tek IC to LC 2875% 50,08 W a1UFace Plates end 0uriace Mound 0 Berk lek Sng)e 28/5% 50.00 Bak Tek Dual 5175% 50.00 Berk.Tek Ouad 2175% 5000 Bort-Telt S6 Port 2675% 5000 Connected 0 am* lek Cat 6 7825% SUM Bert Tek Cot 56 2875% $0.00 Oerk Tek Cat 28]5% 5a 00 Berk Tek Cat 7 2875% $0.08 BelkTekST rater0 2875% 50 ea* Frnext. 6erk Tek SC Fber 2875% S0 0D 60ik-Tek LC Forel 2875% 50 00 Berk -Tek FC Fber 28 75% 50 00 Cabling Product De,erlptlon 5000 Berk -Tek LANMARK 2000 CAT 6 Plenum Cable Rerk Tek 10%0780 5722 2675% 5512 61 Network C40ru0 54ralc5s 10. Append%C Pricing Index CATEGORY/DESCRIPTION Manufacturer/Braid 000000 Product Om01oti0n Manua tectur'OPart Numer b Mow/usu. or Rutharlxad Smiler (MA/ 58600 MR Curtailer IX50 otIMSRl'P b0. Ndtomtt Price' Cabling P000Utt DesoriptIon /604814, S14/S7 26.004 5106,6 Wire r11011ag6M0M CommX We/UmPno 19' Date Rad- Intl 0lO screws ona inala5a5en lit R CommXopc/IMlpla in Mat Installatexec lntdu?ng n ka 10009564? R $100..1] 23.000 SH 44 fomm4Mu/164101w ladderMba Trey • n4104109 ma0letmn lot R )6.001 $11.00 COmmSCOpe/Uldplie Horl8ntai Rock Mour435. 760072959R 550.67 2.005 087.78 Cummkopc/Vmprix 110870001 Rack Mount -1 05' 760072942R 54751 26000 05.42 CommScopc/Unipda. VeSotOoot SW,4 Rock Mount /6008910/ R $611.44 16.0011 501116 50.00 Patch Panels 0 5111.15 Comm4000/05410100 24 P00 CM 50 (00857559/110 11.54.15 20016 ( (0000(56(30/01000(10 40 poo CM 60 ((1015/54//110 530897 7600 5 5210.37 Cuem4o0a/66410100 24 Pon Col B CC00.57596/i10 5771.69 26.005 516576 Commk0po/Unlpdoo 413 port Coto 1C005/6O3.0154 R 43.36 26.000 533055 P00er Do06'6 9 50.00 C001m50Opo/UNplia 20(34 COmm5copo/Urdp000 26 OM 50.00 Cd3mko01/Om0rle 26.00% 80.00 Patch Cords CommSeope/66npIa /6.000 50.00 Commseope/Uni4.17 26090 50.00 1101m5400e/66001. 16004 50.00 (omm4o0e/UnItnia 26010'( 50.00 Commkopo/Umprl54 10(07. 50.00 (0em4rw/Wdplw 24 NW 50.00 Cammkopa/UNplso 26.004 5000 (unm6cope/66o101a 16.07 50.00 W a19Face Plates MD 8110ace Mounts 0 COmm50pe/VNptla DiOb 100258427 it 01.55 20.000 5116 Comm5cop0/Vrd10ie Duel :08166169R 51.55 24000 5116 Commkopc/OOpple Quad 108/68545 R 5155 76000 5116 C0em5cope/66u101Y Su Port (11x16.85 ‘12 51.55 16000 51.16 Connectors 0 C000mXape/Unlpna CM 5 2%00% 50.00 fommitopo/ludlul. Cat 5e 0(702!848/t R 55.83 2600% 54.35 C0mm50pe/U%pia Cath (0002091,/( R 50054 /400% 56.38 ammOupo/66otina Cot? R 7600% 5000 Commkope/664pde ST FOOT 700004128 R 55.91 2600% 5441 t000e50000/100101. SC 04140 7540081/0 R 5618 7600% 5461 Com mScepe/UrSptile Cemm3(ope/434921e LC Fiber is Feu 1914385 3 /6(0)4112 R 52 94 55 42 260041 2600% 52 19 5404 Ceblel9 ProductOef dpUoD SO 0a Medio 6 CAT 6 Plenum Cable comm9 20e/enlalle Cable 6]48000/10 5361 0S 26006 526914 Ultra Mede CAT 6 Plenum Cable CommSOape/Uvpn4 Cable 4/63204/10 554642 2100% 549104 Delepipa CAT 54 Plenum Cable Comn15mo0/Udale Cable 415900010 526149 26006 5194 92 19' Nbll Mount Cabinet Comml[lpe/CWpdv Cabinet 7601395786 559986 26006 54174) (mats a0*ePant. Network Csblkg Ser0cae Inc 045560555/0055501001055 Manufacturer/Brand Product Demfpdon Manor earner's Port Number Manufacturer a NMai[ad Retell., (MIN MSRP OIR Cmtann all oll *SRP DM Comma arse• Cabling Product Oesulpoon 5'00 wire management Corning re 1D'Oats Rack - Incl rack and Insta0a0on k012250 corning RKk lrcludhtg instance. kt 1./.2.8.8 025.4 Saps Comm, Tray . Indudng InsmOalron kt 0225'{ 5225% 5000 Corning Horizontal Rack Mount -35' 17.2500 5000 tants Nadaonnl RKk 11o11m-175' 572556 5000 Cornice Vortical-Dual&clod Rock Moum 02356 50.00 50.00 Path Panelo 02.256 0 5000 (corning 24 Pod Cat 5o Corning 46 port Cat Se 02.2850 50.00 (agog 24 Pan Cath 02.250 5000 [055000 46 port CM 6 12.255, 50.00 Fiber Foxes 02.25•4 5000 (anins 20 port (a One 46 pat 574556 5000 Conine 72 port 02.2591 50.00 Patch Cords 12.258 Congos 3 5 8205 50.00 [agog 5118145 1225'{ $0,00 10050010 7511245 12.7500 5000 100007 100- 14* 11545 522591 S0.00 [aniog ST to ST duplex Fiber Jumpers 02.25* 5000 caning SC to SC duplex FlinnJwnpars 12.25% $0,00 Canine ST to 5C dopa% fiber Jumpars 57 25'. $000 cr.., LC to LC 122516 50.00 WatVEaca Plates and Outface Mounts 0225* 0 Caning Sinote 5o00 contest s Cua 17.15* 50.00 corm* Ouad 02.25516 50.00 cottons 502 Pon 01.7006 50.00 Connectors 12.258 0 [agog Cath 5000 canine Cat 5a 12.25X 50.00 0000050 Cath 0725*) 5000 (Mars Cat? 17,258 50.00 Caning 5T Fiber 12258 5000 Lanita SC Fiber 52254 5000 Canna LC Porn 17250 50.00 (050000 FC Hoer 50,00 /0/ Cabling Product Desedpllon So on BSeand almond planum fiber Mee cede rdmc table link ed Mr boll 00tit as 41131 A1 SS 3b 11161 I 20 49/* Wendt 04414,0 Services, Inc Opp.6m. CPr1tl7R We. 4)y C401GORe/0130407104r Mnnufm7urer/Brand 9,00.070,011777!., 617nufecrwe, Part 11 unto. Mam( mlmoa 4007(0(0441 R(MW (M/R) 64589 OM N[raxr 06.ourr 10 * 816111 OIRCU.mmer Meee Cabling Product Desc11piton 00;5600410110 5135.04 1004 513469 490 404900040 p 11»71 ,• i1491.,,WIT 4 5x1101)811 p 58711 1004 58690 !'-„0 9 90949, 0900000191 : O11 50000 01,:58 . - 50070195318 R 576.65 1.008 576.45 K 0"4R "^` -" 50110195730 5/476496090450 0 R pi, ty 3434.41 1(04 10014 $490/ $45.!30 5040 Porn 099. '91194.0.9. .0009 0140 1 Mw 0tin. 0,1118 1006 1.501 to on 50.00 0tlnc 49 cot I FDk 50.00 s,n1m�,.. 6 00 W 0l(ne,. tl 1141 put Karn 1-O d( 1 008 Olin. 0900/ 1018 nnn 9 11.10.0 0 ttne la R.r6 n. VANS0! VANS y� ., 500 OltOeg3$00 011,,. 0/ 50 5(51 5.008 4 newiA-00 On 81(90sc .000.94090410990 (0o0e0errw.mua 1009 00'4 50011 5000 01 ne ,vac 990491990,049940990491990,04990491990,0499405 la RIC 1 W' 1.00w 50.00 Som 7emro mt. am 0900009404,051100 0430. soar 101: P 30.105 n1'n. L. OM 04. AR01004 7004 5000 50,00 0117, 75004 1 1091 50On r 0(108� 1 Onn 7 054 1110 1 an jn,IX1 5000 0line Ol a CAO 414 8008 M'. 1.001e 9000 3890 8041 911 k1,444lave08 1.0 51. 30.0000 1, iR1t Cheer 1.0085000 X140 kr* I.IYY- 0191 4)y Network Cabling 5er414et Inc. A07mdlx C Peeing Index PRODUCT CATEGORY 1OESCiIP1iON Monotony../Orme, uet De4ptIon Prdd M s Pert Number mut matter's Mnwfecturer or Puluole0w d eailSRP * DIR (mtmntl Discount% dIMSNP MC"'''''(M/0) Mee• Cabling Product Description 05053703 5341.2E 15.750. Ywr mem SP1 - • 501 C% 14001 RaII.,P .'4..07.4 1r 0!) 3!06 43 } .5. /S4 15,75') 51290 NI/ 00.70 C% 40.7-... - . 50170 719 4 540.77 15.75.6 541.1E 1,0. /P1 5!100 (01 wiC4Dwanrtloas meg 5050000] 7 5443.48 15.1501 ¢26.43 P4snPmew Sp.00 13.75'2 0 $00 (% 114000. ! (01 4701.5400 15.75'% $0.00 (01`51 Pcica7 15.75% 05.7521 .00 5050 nee team SP1 w 0 15.75* $0.00 C% Osco+ (n (% /OP. Is.7s* 30.00 wl 5.751 ii .00 r7enc.r4. (01 1,014 15.700 $0.00 r% r/ore 15.75') 50.0(1 (% D 1-pw. * 15.75yC', $0.00 000 071 41149(&0e4rP I :. - ,� 15. 15.75% 5000 (71 X005 5e41, 00 (% % ¢2414 4y-µ+ - c l5. Y. 00 0.00 1Ynsw nw«4n4P...ewym (% 0'44 Mii.7501 95.75 '6 e $0.00 C% - .05.75% nix, CPI (% 0614.1 P. 115 5..00 /50 $000 $05000 eemwlm 15 75: 05,740 0 (70 C71 - : COO $000 (00 COO 13735 000 (Pt - 47I5.754 15 K4 W00 $O00 (% (% 0 44 01 Oc5e 15 ZS, 1575% 50.00 5000 CPT 0 r.. 50.00 Cabling Product Description (list additional pruduc09) tj [j[01 f% (% 1 °I (0 I10.104 lm 440 1,414 /36 [ 17004401 4 $6P141 310'31 14144 15,0591 5501 I 522.,7 So 0.464,089,64689 Ne49Y44k ml09n8 Ser 4%e5 Inc 44p040 N C Pricing Index PRODUCT CATEGORY /0150tIDPON Manufacturer /10401/1 Pr0du4t D0 20914n M4nu4w f4er'6 Part Number Menuf4m0,4 cc MrdlenredRcteller �) M 50 DM Unt4mer MvOunt54 off MSR% DIRNltomv Price• Cabling ProA2ct Description )). 255 5000 010707073440e5 4451104 1.004441 691 exk 44490' 100104, 184.49. 6.179 24/ ••-•,... 21.15% 21.15% $0 W 5000 1er41a. 40m .. 4920114100 501 M 22 2514 53) 14 0m104 1151145 n 044-115' .Geo 419.644 491101 NMR 49801.414 4 532.62 5165.14 22.2516 11.0516 529.47 5110.14 aaG pan. 5000 /2./S% P 59664 1451454650l 16596.014 41 51291/ 1.921431 90594-1146 524671 22.45% 5191.26 14651041174 leyilan 4 ..6:07008 59586424 00+6650 4 5200 49 019495 22.25% 22.)544 $15705 5105.10 Mr9ma 6 221945 $21822 )).)5% 531509 1e44l03 145504 14401 44 PM 54/49503 542149 11 till 225 1051110, 4491 50411145124 556454 22.2S% $447)2 •446 cam Imran 144245 50410-011 8 54.4/ /7.25% Si. I8 ]04]00 1461140 1119.11 192241 50460-051 99460074 54.92 5560 22.2511 2725% 53.89 $419 ]44,407 10100 f01 4 4941 610711401.6 Der 294994 50460-0101 5005T MOS 5.94 514,41 2.1.2S%34.64 2225% 51129 1051109509 teWmn54 u44°14n1npn 90056 MOS 511.19 2125% 51190 Immo Ntae Agrees 8 77:)544 90.00 41.9100 1200/0 5001( MOS 4 516.57 22.2611 512.98 .50.04441501•1ex444N054414ex 1.9300 1044 4094WN $105 2415% e 51.37 015040 Ow11/0915 20111 51.25 2125% 51.37 00 4.91ran 41091.6178 51.15 /25% 5 51.3/ Im 01 914 41091,40111 9 51 )5 )7 /510 51.5/ (07]4900 2225% 22254 9 1164100 4.93100 4249 040. • 1 10415 5676 3000 5510 1,2100 .1900 ..11116 241 61110 546 57.55 22.2596 /2 )56 55.91 50.00 5 551 55 $$12.18 $ m 140110016 1164070 460 .0 Fm 4 9991 55C 45591 511 k $4991 3 5 55 515.9/ 22 25• 2125% 51.51 1.94107 'C f149 4 50.00 164 //o/ NetWak CabBn6 Stroke; Inc AOpendra C Pddng Ina= G)EGOpv /OfSCRIPTi0N Menufrcturer/Brand PRODUCT Product Daclptbn Manufatwc ea Pal Number M49414.r.a M.dl9deed Reseller IM/xi) MRIP d0 Cevtaea d.eaWtre off MSRP OIRCuetoma Price e Caddie Product Desorptld+ 1984 1710 •1 SR 81 14 S 517045 Wee enigv.ed [lemic - ..<.. 4 OrtroonrIk4� tlmonir. ... IRIlOLl 4 +I 599,H 14.+5o 14.+5% 11,570 00,50 0tI,onk. - 05 MMGNMf *tl 514.56 74.75% 556.53 01704001 01tr4111f4 7.4. OR MM611MIIRO 0 a 16120 2'751' 14761 552.46 4000 *000 Pao 49n. 14.7554 w 511014 0,lr0M8S IR Ponca: se OR 1910516014 5 515901 00/mks 4, all CRL OLP140N6048 5150'4 74.15% 575663 015/0865 sltmks _1400045 44PMCdr 90191174442 4a 5444 0 690 a 521073 54160 84.83% 14.761 5151.76 5716.51 ft..... CRT/00.5.1 5.039 e 7175% 511' Oman. wPw )lrik SSea�. demo nsel 74.75% So. ea Ps+learre cm $� t�11 % ��01f598011ks 010009 niw.s___ pOgR�1.4�45! 06 0 -. ;55$@7,407 *0,..77755y110l Z14t Si41 56.35 26oaee: 104 Mt 91:5 8ie7.ksE'7+16 110.06 STOW l 15q0,.61 Wa 0u14,k1 it ]755%x 6nvmks c3l.arinv .55.747.700474.440 5t6m� apes rvoinPerr 1t4•j95j%f{ 10.00 50.00 ORrOnk4 ... 2.75% $0.00 WMI 001.4a.MOWapMM.6 dlrmk. ,0,0. r%410440641 M SI R7 71.75% 4 1.47 d[raRt O -44064541 0 1.17 71.7556 42 04576.1 ane 11140177144 19.47 14.45% 5541 dlra.Ft 30801 050105001459 51.41 14.IS% 51,47 6 0..46.. 0075%•+ 74.7611 4 5000 qlr Ortrmkt �1< Cm. 46.716500 0611000 R • 55.49 51.15 74.7544 54.7544 54.16 7601• , dlrmiC. tares . 7175x 74.75% DL it .06 070001 Omonk1 ""24549 crWe 24.7514 11,55 .00 5400 f]ltrorxt 50.00 ree resell raugwdsn. 9.040066buna 5o81220. Inc. APPendd C Pddnt Index (abl0a Ureic. and Adored Product. 010 PACKAGE 2 -040040 911E7 414111•2847 0A %00.461 PRODUCT CA38000Y/OFSQOP110N Manufacturer/0ramd P22du2l 0e8e120on Menuleclurer'a Pal Numb,] Menu h8waa Authal)WAettller (87/0( MSAP DIR Cudama °Wow . off 04544 OIACunamw A1e40 Cabling Produce Description 1M1119R1N 5,17 76 7715% 511019 Ma aanaafnlnl Pad411 fY No0xs 5 PaMWI 7) 25% 5000 Nndub 5000,00,lr» Tau, 04aam4 0 12 25/4 5000 Padull 0an10*, oaOau re...3s 0011a8418.8t4awltt N(MN7 0 0 566.03 72)5% ]225% 55115 $000 P.mduit 9e%a0u04601,010,0.40< 740519 A 565587 2225% 535117 0.,,00.0. $000 7225s a 51 n 56 Padua 10,0R1X00 00745155160 • $16704 0470164 04131wl 4,, 24 1040 0841151K116v 00246884014 • 0 $1144. 4745K $21015 1225x-- 526150 518028 Panda.' 3e44141 0042341/1 a 5496.51 2125% 5388.91 0.0012,15a a 22.2507 51850$ 2)15% 5)05]/ radon 10 poi f0103 700402U• IRMIf $137.25 5)6)01 040404 ')04:0 101414 0 529574 1225% 5,140 Pmn<42. 2225x 12.253 004130 33 at WAS 111801305y 01951158U1 0 $309 54.24 29/ 51.32 04081o41 ;,,.14.1l 144 001 UIPCN79UY 1111.<11108,,./ • $4,00 5.560 22.25% /) 7514 Sj 26 54 43 0401045 Padmt JSTa 9TygV. rya MO/. 0300 aP4 wwA0.p4ri 2519.122124 10033611r 51]00 $3493 )))SK 12.25% 3$]440 $1)36 140100 e>0 4000. now ew3E85 1601.10113 • 536,30 2225%_ 28,50 Pand0O eta tt 10E10 10154111 A549.26 2225% 3859 wrRwnananeaui.,. ebmo P 04,A, 6045 1 IPIwN 0 5111 17.150 P 5024 0,,,,,,i, 1,881/10Ci04Pl11 our CfP)wN 51.57 )715% 515/ 2,, 11 )5 3123 0018700 ar Px 4186,04 A 511/ 7/15% 5111 cennu.. 0487. 0 40 271'5) a 0. Paulin) P'yn 45, 40 1151551:.4I1 C2688TCou 56 71 59.15 10,11% 20.25% t0001 1.17 PPada3 01000 LSIMl 594 51419 1)25% 2/11% 0.00 11.11 Iax1uU 01870 aC lya 15022391 15(554(5813 SIO IR 095lM 7175% 22.15% II II n1.51 Pc Nm a0 i0na Cabling Prnd315 Des riplioo 441st addal000l product') S000 Ixlmo al 88 ver- valdut4 [045)5 0405508440 5 5373.10 02.2507 5292.34 Paduil 4061, 0395444004/! A $871.53. 1225% $554.23 YmaNlNl.0.0.•.0uwt Paduil 406, M4uAn0�+n 700610 $)0310 0/ 441 3159.09 414111•2847 0A %00.461 Network Cabling Services, Inc RPPendtt C Orkin.Inde, foi/ PRODUCT CAT600 iV/OESCRIDTION Manufacturer/Brand product Desalpiton Menulacturees Pal Number Mando.ter or Morizod Reseller (M/S) MMP MR Cullacnm 1%IIMM oft MSRP MR Customer PPricea Cabling Product Description Wee mmroesmd 44,41014 00u P,d. bel rad. 26.00% 50.011 Syyl al Sy fd ?141+50060(04 fmrf6y-Iran •t .,�emSmn 26.01% 1641% 0) SyWnla )600% ,w 5000 5Vs1000 5/141004 norcwa➢ae Pan.l rw ,l'.a 4 run nmu4 26.0016 /6.9016 5000 00 .rah P4P1411 5000 )6.110% 0 5144/A SyOim.d 24 n 101/00919 519)18 4,110. .mu: 108269915 43443T )6001[ 9/8657 54781708 56l401a4 4 46n. .16 760006237 R 5302 7) 573,98 24.0078 26.6(76 5214 35 5148rt Me' Rotas 0 26.001 5000 4319701 .72 an 5,14m. 42884 )600% 5001 Sy411na1 rtyl 26 Cm% 50.00 PanCmm 5c0im.m 6,60m. SV4lma1 2. Wei )6.074 26.8496 2600% 5001 50.00 1000 5.4,01a co. 16.0016 5000 5v,Inna8 Si my/nen. Pan noes 268094 5000 5y5110001 54427+5 SGmscu4,m11 Ndrenl%1 'T 06C mg. r08Pmm 0,0% 7600% 5000 50.01 Syttlmal i.Cmlr 16.00% 50.50 ,11716..787« mlamas.al«da 5yalm4+ 1022584)) 0 5155 2600% , 5116 504011>2 108568469 51.52 26.0096 51,16 lyylmmt 1011/40541 4 95 ]6.50% 51.16 54wm04 301,4 100111548 8 51.45 /6.001( 51.16 telm5tm P 5$0y9}ry511 7 5yulnnd X5 1002 4.20711 5181 26.41% 54.40 54401084 4165 709706759 A 5454 26.00% (5(p6�.37 lyJi,nm 5r1,0141 0, /00104)8 0 55.91 26.00% 76.1078 56.00 54.41 Syulma. 504(Imm{ 90 rod 76000020/0 /60014141 R 56.18 55.2 26.0078 24�N% 54.61 5 -04 50 mag .%_ 14er a 50.00 tabling Product 02501(ption (list odd(lonal products) 994)984 0,e4e 260041911 R 53j0S9,90 2641% Sow 5190.75 10Jlma Y -Lie 000218003 R 5113 n 16.00% $419 S) 00 5s on 50 KS. foi/ Additional Discount Based On Aggregate Sales Contract Salerresold Product or Category Description 50.00 Original Additional Discount Tal Dlacwrn a 50.00 50.00 50.00 50.00 50.00 550.00 0 00 50.00 50.00 50.00 SO 00 50.00 50 OD 50.00 50 00 So 00 so 00 D.00 000 saoo 50 00 50.00 SO 00 0.00 Doo 5000 50.00 50.00 50 00 50.00 50.00 50 00 so 00 so 00 Additional Discount Based On Aggregate Sales Contract Salerresold Product or Category Description part N Slumber 11 Applicable Original Additional Discount Tal Dlacwrn a Network Cabling Servlmt Inc. NPPe1tOm C Prldn0 Irdm inettretur Olt.ntsrue 714 o/ PµMUUCI CP11GGR15Y/0lPItON efenury vr Mw /erd Product DeaWPtron m Mere/am/teem Pt Number M rvm 4rtN1011.4olted Reilly IM/R) M5110 CuetR er Diltolmt% off MSRP DIR Customer .0. Cabling Product Deseriplion tom.yneyma w.nal, SUM.Ur nntn >...... _._.:.. ,.. ""'am' l4 M :1. )s+ ,0.7S% roto 5. 000. can are" t4.3% 24.3% _}o $000 50.00.am ss4mon 5l.lnen annc.Pammmift. +tmrsdl9%a Paw' H :d Asx j;�piarrpd6p Petal 11 ry% a. S]]4.9 jt2{y`9'[6. ySlemtrou tpQbSle }R ',&% SI '51. '''71," %Moen 111 141448 M Sf)G g0 51,017 i 74 Men TTT )47SY T 416700 i4s MrM Iron o _Wain ))Pn Rxl)) 59 051 i t 1 0 .� 4.. s0m.a Selo^ 1001 14.7Sx 14IS% 2422: $Y.au D5 rmon Ion. ttIt ONO Sllsx 24,-,50 00 5000 yP40 fP � 91 to St anon roy). 48w sc moo Partwaw sSSsyyMM Yrmmon on •Y sc reP�,.'.e }b4 ])]Sy�ax �d,/tt1 50 no 441Nwrryw Meietarrxlrne o *mon amp ori.. 00X.2.54143 R r 42j» !9 243% a fist mon Manson Corm `02-03 : 440, m gsoN o) ;t19 ;7. 14 1K 51St sin 2ym.n.n ton Lx� 00445 7 �`'x 4•'m 013Medi SO DO X1402 177 moon u.aron x 11 ' ; wmnn Y:.1f-rA .Reg 5514 )43% 7 n't 53.41 $i9f firmen a Sn hn Cabling Product Description (list additional 5 odure*S Ar nRy <.... r ' f� 5a au it r. 1 1 t I.,Y n hb r5 gP. inettretur Olt.ntsrue 714 o/ 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 Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 4) C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A - VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 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 MIS Dept. Installation of Cat6 Cables and Faceplates 09/26/2018 sw Risk Management Valid Through 12/31/2018 fy4A Attachment D - Warranty A one year warranty is required on all work. 40/ AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 23, 2018 Second Reading Ordinance for the City Council Meeting of October 30, 2018 DATE: TO: October 18, 2018 Keith Selman, Interim City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Authorize settlement and release agreement with SpawGlass Civil Construction Inc, Harvey Cleary Builders Inc. and FDL- CC, LLC for damages to City property at Corpus Christi International Airport. CAPTION: Ordinance authorizing the City Manager to execute a Settlement and Release Agreement with FDL -CC, L.L.C., Harvey Cleary Builders and SpawGlass Civil Construction, Inc. related to the fire suppression foam spill on the City's Taxiway K Project; amending the FY 2019 Operating Budget; and appropriating certain funds into Airport Fund No. 4610; and authorizing a payment of $312,500 to SpawGlass Civil Construction, Inc. as provided in the Settlement and Release Agreement. PURPOSE: The settlement and release agreement sets out the terms and conditions between the City of Corpus Christi, SpawGlass, Harvey Cleary and FDL — CC, LLC for damages to Taxiway K located at Corpus Christi International Airport. The Agreement settles all outstanding current and future claims and reimburses the City for expenditures incurred with the remediation work done by SpawGlass. Harvey Cleary, the general contractor for the U. S. Coast Guard (USCG) Project, has agreed to pay the City a total of $725,876.88 in final settlement with $413,376.88 going to City of Corpus Christi for expenditure reimbursement and $312,500 to SpawGlass Civil Construction, Inc. in settlement for delay claims. BACKGROUND AND FINDINGS: On April 14, 2013, the City Council approved a ground lease between the City and FDL- CC, LLC for 9.21 acres to construct the USCG Headquarter/Hangar Facility at Corpus Christi International Airport. Subsequently, FDL — CC, LLC contracted with Harvey Cleary for actual construction of the facility. On or about June 15, 2017, the Hangar Facility's fire suppression system malfunctioned and discharged approximately 268,000 gallons of water and 2,000 gallons of foam concentrate on to the subgrade of the City's adjacent Taxiway K construction project by SpawGlass. The Taxiway K project was under construction in support of USCG air operations with Federal Aviation Administration Grant and City matching funds. As a result of the accidental discharge and project subgrade contamination, the Taxiway K Project suffered delays and remediation expenditures with City payment to SpawGlass sums of money beyond the original contracted amount. This was done in an effort to meet the USCG move -in timeline. The USCG officially dedicated its Sector/Air Station Corpus Christi Headquarters on March 2, 2018. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: ® Operating Revenue Capital Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $725,876.88 $725,876.88 Encumbered / Expended Amount This item (additional revenue) BALANCE $725,876.88 $725,876.88 Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Settlement and Release Agreement ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SETTLEMENT AND RELEASE AGREEMENT WITH FDL -CC, L.L.C., HARVEY CLEARY BUILDERS AND SPAWGLASS CIVIL CONSTRUCTION, INC. RELATED TO THE FIRE SUPPRESSION FOAM SPILL ON THE CITY'S TAXIWAY K PROJECT; AMENDING THE FY 2019 OPERATING BUDGET; AND APPROPRIATING CERTAIN FUNDS INTO AIRPORT FUND NO. 4610; AND AUTHORIZING A PAYMENT OF $312,500 TO SPAWGLASS CIVIL CONSTRUCTION, INC. AS PROVIDED IN THE SETTLEMENT AND RELEASE AGREEMENT. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2019 Operating Budget adopted by Ordinance No. 031255 is amended to increase revenues by $725,876.88 and expenditures by $312,500.00. SECTION 2. That $725,876.88 from Harvey Cleary Builders is accepted and $312,500.00 is appropriated into Airport Fund No. 4610. SECTION 3. That the City Manager or designee is authorized to execute a Settlement and Release Agreement with FDL -CC, LLC, Harvey Cleary Builders, Inc, and SpawGlass Civil Construction in connection with damages to City property caused by a fire suppression system malfunction in the U. S. Coast Hangar located at Corpus Christi International Airport. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Everett Roy Lucy Rubio 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 Rudy Garza Paulette Guajardo Michael Hunter Ben Molina Everett Roy Lucy Rubio Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED, this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor AGENDA MEMORANDUM Action Item for the City Council Meeting of October 30, 2018 DATE: October 30, 2018 TO: Keith Selman, Interim City Manager FROM: Becky Perrin, Interim Director, Parks and Recreation Department BeckyP@cctexas.com 361-826-3464 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Purchase of Playground Equipment for Parks and Recreation CAPTION: Motion authorizing the purchase of playground equipment from GameTime by Total Recreation Products, Inc. of Cypress, Texas via U.S. Communities Cooperative for a total amount not to exceed $400,442.25. PURPOSE: Purchase of playground equipment for fourteen parks through a grant match program from Total Recreation Products, Inc., through GameTime by Total Recreation Products, Inc. BACKGROUND AND FINDINGS: GameTime by Total Recreation Products, Inc., the playground equipment manufacturer, has established a grant match program to purchase playground equipment. After review of the grant program, the Parks and Recreation Department applied for a grant and received approval of the application on October 19, 2018. Orders for the equipment must be received by October 31, 2018. The department replaces playground equipment annually. The grant will provide an estimated 40% total savings from the retail purchase price. The parks were selected based on the playground replacement schedule guided by the Parks and Recreation Master Plan. Community Enrichment Funds will be utilized for the purchase. The Purchasing Division utilized the U.S. Communities cooperative for this procurement to obtain the best price for the City. Contracts awarded through the cooperatives have been competitively procured and are in compliance with Texas local and state procurement requirements. ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Department FINANCIAL IMPACT: X Operating Revenue Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $6,048,572.81 $0.00 $6,048,572.81 Encumbered/ Expended Amount $259,802.33 $0.00 $259,802.33 This item $400,442.25 $0.00 $400,442.25 BALANCE $5,388,328.23 $0.00 $5,388,328.23 Fund(s): Community Enrichment Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price List Presentation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: JOHN ELIZONDO PRICE SHEET PLAYGROUND EQUIPMENT FOR PARKS & RECREATION Total Recreation Products, Inc. Cypress, TX ITEM DESCRIPTION QTY UNIT PRICE US COMMUNITIES # 2017001134 DISCOUNT GRANT MATCHING FUNDS EXTENDED PRICE 1 Game Time "Timber Ridge" 5-12 Unit, Game Time TA -09015-18- 2A1, Part No. PT17020 4 $ 39,045.00 $ (13,555.99) $ (1,825.36) $ 94,654.60 2 Game Time "Sky Ridge" 5-12 Unit, Game Time TA -09015-18- 2A2, Part No. PS16001 5 $ 65,123.00 $ (22,422.29L $ (3,232.20) $ 197,342.55 3 Game Time "Loop Around" 5-12 Unit, Game Time TA -09015-18- 2A3, Part No. PS16028 5 $ 28,942.00 $ (10,008.18) $ (1,393.20) $ 87,703.10 4 Game Time Owner's Kit 14 $ 53.00 $ - $ - $ 742.00 5 Freight 1 $ 20,000.00 $ - $ - $ 20,000.00 TOTAL $ 400,442.25 CORPUS CHRISTI PARKS& RECREATION Playground Equipment Grant Council Presentation October 30, 2018 Loop Around -Clii CORPUS CHRISTI PARKS& RECREATION Parks Academy Hudson Glen Arbor Aquarius Sugar Timber Ridge -Clii CORPUS CHRISTI PARKS& RECREATION Parks Collier Oso Place South Bay Brockhampton Sugar Ski Ridge ,,A0 CORPUS CHRISTI PARKS& RECREATION Parks Schanen Whitworth St. Andrews West Guth Cullen II& CORPUS CHRIST! PARK S& RECREATION Questions? 5 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 30, 2018 Second Reading Ordinance for the City Council Meeting of November 13, 2018 DATE: TO: Keith Selman, Interim City Manager 10/30/2018 FROM: Nina Nixon -Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 A License Agreement with Christus Spohn Health System Corporation _1 CAPTION: Ordinance authorizing a License Agreement with Christus Spohn Health System Corporation, A Texas Non -Profit Corporation, to cross Elizabeth Street with private utilities. PURPOSE: Christus Spohn Health System Corporation, ("Licensee") has a facility located at 600 Elizabeth Street between Santa Fe Street and Ocean Drive. The Licensee desires to install, operate, maintain, and repair, and remove private utilities which serve the hospital campus. BACKGROUND AND FINDINGS: Christus Spohn Health System Corporation, A Texas Non -Profit Corporation, ("Licensee") has a facility located at 600 Elizabeth Street between Santa Fe Street and Ocean Drive. Christus Spohn Health System Corporation, wishes to formalize the location of private utilities under Elizabeth Street between Ocean Drive and Third Street. The purpose of this request is to feed utilities from the new Central Utility Plant and associated facilities to the new Hospital tower being proposed on the CHRISTUS Spohn Shoreline campus at the corner of Elizabeth Street and Third Street. These private utilities cross a public right-of-way, Elizabeth Street, in four locations requiring a License Agreement. ALTERNATIVES: Deny the request of a License Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Charter Article IX, Section 1, requires City Council approval for use of any portion of public right-of-way for private purposes. Ordinance 026217, Section 3. Section. 49-61. Fees for use of public ways by unauthorized pipelines. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: All public and franchised utilities were contacted. None of the City departments or franchised utility companies had any objections regarding the proposed license, provided the applicant meets the specified conditions set out in the license. FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not Applicable Other Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $38,332.80 $38,332.80 BALANCE $38,332.80 $38,332.80 Fund(s): General Funds Comments: None RECOMMENDATION: Staff recommends approval and adoption of the ordinance. Owners must comply with all the following specified conditions of the ordinance: a. In exchange for the City's authorization for use of the public right-of-way by the Licensee for the stated purpose, the Licensee agrees to provide the City with a one-time license fee of $38,332.80. b. All costs incurred to install, operate, maintain, repair, and remove the private utilities are the sole responsibility of the Licensee. LIST OF SUPPORTING DOCUMENTS: Ordinance with License Agreement Presentation Ordinance authorizing a License Agreement with Christus Spohn Health System Corporation, A Texas Non -Profit Corporation, to cross Elizabeth Street with private utilities. WHEREAS, Christus Spohn Health System Corporation, A Texas Non -Profit Corporation, ("Licensee"), desires to install, operate, maintain, repair, and remove private utilities which serve the hospital campus and are located within the Elizabeth Street right-of-way in the area between Ocean Drive and Third Street; WHEREAS, the Licensee has requested, and the City of Corpus Christi ("City") desires to execute, a one-year term License Agreement ("Agreement"). At the end of the initial term, this Agreement renews automatically, in order to accomplish the purpose and use intended by the Licensee within the public right-of-way; WHEREAS, in accordance with Article IX, Section 1 of the City Charter, the City Council authorizes the City Manager or designee to enter into the Agreement for the benefit of the City and the Licensee, subject to the Licensee' compliance with the specified provisions of the License. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a License Agreement with Christus Spohn Health System Corporation, A Texas Non -Profit Corporation, ("Licensee") for a one-year term with automatic renewal to allow the Christus Spohn Health System Corporation, A Texas Non -Profit Corporation, to install, operate, maintain, repair, and remove private utilities which serve the hospital campus and are located within the Elizabeth Street right-of-way in the area between Ocean Drive and Third Street, such Agreement at all times subject to the Licensee' compliance with the conditions specified in the Agreement. The License Agreement includes a one- time fee of $38,332.80. A copy of the Agreement is attached to this ordinance and being incorporated by reference into this ordinance as if fully set out herein in their entirety. 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 ATTEST: day of , 2018. Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 STATE OF TEXAS COUNTY OF NUECES § § § LICENSE AGREEMENT This Agreement ("Agreement") is entered into by and between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, and Christus Spohn Health System Corporation ("Licensee"), a Texas nonprofit corporation, whose business address is 600 Elizabeth Street, Corpus Christi, Texas 78404. WHEREAS, Licensee owns the real property and improvements located at 600 Elizabeth Street, Corpus Christi, Texas, and being more particularly described as Block IIA, Lot 4A, and Block X, Lot 1A, of the Ocean View Addition Subdivision ("Property"), as shown in Exhibit A, C, E and G; and WHEREAS, Licensee wishes to construct private utilities (hereinafter "Improvements"), which will encroach in a City right-of-way at Elizabeth Street (hereinafter "Premises"), as shown in Exhibit B, D, F and H; WHEREAS, Licensee has requested City allow the use and occupancy of the Premises for Licensee's Improvements; and WHEREAS, Use Privilege Agreement is synonymous with License NOW THEREFORE, THE CITY AND LICENSEE AGREE AS FOLLOWS: In accordance with Article IX, Section 1, of the City's City Charter and in consideration of a payment of $38,332.80 paid by Licensee, the receipt of which is acknowledged, the City has granted and by these presents does grant to Licensee, for the term and upon the conditions stated in this Agreement, a License for the right to install, operate, maintain, repair and remove Improvements on Premises. The area in which the License is granted for the location of the Improvements is referred to in this Agreement as the "License Area." Licensee agrees that the Improvements shall not be expanded, enlarged or altered in any way nor shall the height or stories be increased without the prior written approval of City. The License granted by this Agreement is issued to the Licensee only. This Agreement may not be assigned by Licensee without the City Manager's prior written consent. Licensee must notify the City if Licensee sells or transfers ownership of the Improvements. The License granted by this Agreement is subject to the Licensee's compliance at all times with the following conditions: UPA Page 1 of 9 A. This Agreement, and the rights granted under the Agreement, may be revoked at any time by the City upon providing the Licensee not less than 30 days' notice, in writing, by the City's City Manager or designee ("City Manager"). In the event of a revocation by the City Manager or earlier termination of this Agreement by either party, no portion of any payment made under this Agreement is refundable to the Licensee. B. This Agreement is for a term of one year from the date of execution by the City. At the end of the initial term, this agreement renews automatically, subject to termination under Section A above. It also terminates if Licensee discontinues or abandons the use of the Improvements. This License is made expressly subject and subordinate to the right of the City to use the Premises for any public purpose. In the event that City gives notice of termination under Section A, Licensee shall at its sole cost and expense make or cause to be made the removal of the Improvements. Licensee shall reimburse City for the cost of City's removal of the Improvements if Licensee does not remove them within the notice period. C. The City reserves the right to construct, maintain and/or modify city -owned facilities, including but not limited to, street and utility improvements. The City will provide 30 days written notice to the Licensee when the City has determined that removal, relocation or alteration of the Improvement is reasonably necessary for construction, maintenance, modification or operation of city -owned facilities. The Licensee shall promptly make the required adjustments. The required work will be done at Licensee's expense. D. The Licensee agrees to comply with City Code of Ordinances Chapter 35, Article VII and Chapter 49, Article VII. E. The Licensee shall provide the City with a 3-dimensional map of the Improvements accurate to within 1 foot and GIS coordinates, which will be included with this Agreement as Exhibit 1 and 2D dwg file must be submitted for the as-builts. F. The Licensee shall mark all Improvements located on City Premises with magnetic marking tape if the utility is located underground. G. The Licensee shall acquire and maintain at all times for the term of this Agreement insurance coverage pertaining to the License Area granted under this Agreement and the activities authorized by this Agreement. The types of required insurance coverages must be in the minimum amounts set forth in the attached Exhibit J, the substantive content of Exhibit J being incorporated by reference into this Agreement as if fully set out here in its entirety. The insurance policies must name the City as an additional insured and may not be canceled, renewed or materially changed by Licensee unless at least ten (10) days advance written notice has been provided to the City. UPA Page 2 of 9 Upon the City Manager's written request, Licensee shall provide copies of all requested insurance policies to the City's City Attorney. H. Should construction be deemed necessary by Licensee in the License Area, construction plans and specifications for all proposed work shall be submitted in advance by the Licensee to the City's City Engineer for approval prior to beginning the construction process. The plans must show the depth and location of the proposed construction and distance from existing pavement, water, storm water, wastewater and gas lines. The Licensee shall also comply with any other laws, rules, regulations and ordinances applicable to construction in the City and in the public right-of-way, including obtaining all required permits. Licensee shall fully pay for all labor and materials used in the License Area and will not permit or suffer any mechanic's or material man's liens of any nature to be affixed against the Premises by reason or any work done or materials furnished to the Premises at Licensee's request. I. Prior to the start of any approved construction, Licensee shall require every contractor and subcontractor to provide a Certificate of Insurance reflecting insurance in coverage amounts as set forth in Exhibit J. Additionally, Licensee shall require their contractors and subcontractors to indemnify the City, its officers, officials, employees, representatives, agents, licensees and invitees in the same manner that Licensee has provided indemnification to the City pursuant to this Agreement. J. Licensee shall provide all necessary and proper safety devices so as to prevent injuries or accidents in the License Area, in as much as possible. K. At least 48 hours prior to beginning any approved construction, Licensee shall contact 1-800-DIG-TESS and the Lone Star Notification Center (1-800-669- 8344), and any other required agency or authority. Additionally, at least 48 hours prior to beginning any approved construction, Licensee shall give notice and verify depth and location of communication lines or communication fiber optic cables, whichever is applicable, to the following: • City Utility Departments, including Water, Storm water, Wastewater and Gas; • American Electric Power (AEP); • American Telephone and Telegraph (AT&T); • CenturyTel; • Time Warner; • Grande Communications; and • Any and all other certified telecommunications providers. A City inspector may request a utility line be uncovered to verity its depth or location. UPA Page 3 of 9 L. Any construction process and use of the License Area by Licensee shall not interfere with the construction, installation, operation, maintenance, repair, removal or replacement by the City or any of its agents, contractors or franchisees of any existing or proposed roadways, sidewalks, utility lines or other uses. If the City or any franchisee with utilities currently located in said public right-of-way needs access to the right-of-way, Licensee shall pay for removing or relocating the Improvement in the License Area to allow access to utility lines for maintenance, repair, removal or replacement of the utility lines. The Licensee shall repair the License Area to its original condition or cease to use the License Area, at which time this Agreement terminates immediately. M. Traffic Engineer requirements pertaining to this Agreement, if applicable in context: 1. At least 48 hours prior to commencing any approved construction, the Licensee shall file and obtain approval for a traffic control plan with the City's Traffic Engineer. No closure or barricading of a public right-of-way or any portion of a public right-of-way may occur before approval of the traffic control plan and, if applicable, approval of a detour or barricade plan has been obtained from the City's Traffic Engineer. 2. Should Licensee require a trench, pit or similar excavation be dug during approved construction, the Licensee shall file and obtain approval for barricading said trench, pit or excavation in accordance with the Texas Manual on Uniform Traffic Control Devices from the City's Traffic Engineer. [See paragraph "T" of this Agreement for additional requirements regarding trenches, pits and similar excavations.] N. If, as determined by the City Manager, damage occurs to any pavement, sidewalk, curb, gas, water, storm water or wastewater line, Licensee shall allow the City immediate access to the License Area to perform an assessment, make repairs or take any other action deemed necessary by the City. Determination of the extent of damage and repairs necessary to restore the utility line(s) shall be made by the City Manager. All costs of the City associated with said damage and repair, including labor and materials, shall be paid by Licensee within 30 days of the City's invoice. 0. Should construction become necessary near existing water or wastewater lines, Licensee shall take every precaution not to disturb the soil surrounding any such lines, including all thrust blocks. P. If any approved work is conducted near any existing water main, it shall be done under the inspection of a City inspector at a daily rate of three -hundred ten dollars and thirty-five cents ($310.35) for each day spent inspecting construction, installation, maintenance, repair, removal or replacement in the UPA Page 4 of 9 License Area. A half-day, being four hours or more of work time by the City inspector, constitutes a whole working day for purposes of calculation. Any time in excess of eight hours a day, or on Saturday, Sunday or holidays, shall be calculated at a daily rate of fifty-eight dollars and eighteen cents ($58.18) per hour. Any assessed inspection fees shall be paid by the Licensee to the appropriate City department within 30 days of the City's invoice. These amounts will be adjusted annually each year on August 1 to reflect any pay increases that may be attributable to the rates charged. Q. At any and all times, Licensee shall be responsible for the repair and maintenance of the License Area, including any costs associated with damage occurring due to natural weather elements/occurrences or man- made forces. Should damage occur to the License Area, regardless of the type of damage, Licensee shall immediately repair the damage upon notice by the City. Failure to so repair terminates this Agreement immediately without any further action needed on the part of the City. R. Licensee agrees that any Improvements located above the ground shall be cleaned, maintained and repaired immediately to preserve the public health and safety and prevent blight. S. Licensee shall repair, or cause to be repaired, any damage to pavement, driveways, culverts, head walls, landscaping, sidewalks, curbs, gutters and/or any other structure, public or private, resulting from or caused by reason of construction, installation, maintenance, repair, removal, replacement or operation of the License Area. T. If a trench, pit or other excavation is required during approved construction, no trenches, pits or other excavation, other than bore pits, shall be left open overnight, except as specifically authorized by the City's Director of Development Services and City's Engineer. Bore pits are not allowed open for a period of longer than 14 calendar days, regardless of location. All trenches, pits or other excavations, other than bore pits, shall be backfilled by the Licensee promptly and in accordance with current City standards and specifications and as per the City inspector's request. All trenches, pits and other excavations, including bore pits, shall be barricaded by the Licensee in accordance with the Texas Manual on Uniform Traffic Control Devices and as approved by the City's Traffic Engineer. [See paragraph "M.2." for additional requirements pertaining to trenches, pits, and other excavations.] U. If backfilling becomes necessary, all backfill, specifically including that in and around existing utilities, shall be made by Licensee according to current City standards and specifications and as required by a City inspector. V. (If applicable) Use of the private utilities authorized by this Agreement is strictly limited to providing service to the Christus Spohn Health System UPA Page 5 of 9 Corporation, located at 600 Elizabeth Street, Corpus Christi, Texas 78404, in the License Area. Licensee shall not provide, nor permit anyone else to provide or receive, service through said Wastewater Line or at any facilities within the City other than the building facilities specifically included in this Agreement without first obtaining a franchise or other required approval from the City. W. LICENSEE COVENANTS TO FULLY INDEMNIFY, SAVE AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, AND AGENTS, ("INDEMNITEES") AGAINST ANY AND ALL LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS AND ACTIONS OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, WHICH ARISE OUT OF OR ARE IN ANY MANNER CONNECTED WITH, OR ARE CLAIMED TO ARISE OUT OF OR BE IN ANY MANNER CONNECTED WITH THE USE OF THE RIGHT-OF-WAY OR CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE LICENSE IMPROVEMENTS PURSUANT TO THIS AGREEMENT, INCLUDING ANY INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. LICENSEES MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL THOSE CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED ON ANY CLAIMS OR DEMANDS, WITH COUNSEL SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COST AND EXPENSES OF ANY KIND ARISING FROM ANY OF SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, OR ACTIONS. T. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signatures. U. Unless otherwise stated in this Agreement, any notice required or permitted to be given under this Agreement must be in writing and sent by certified mail, return receipt requested to the following addresses: If to Licensee: If to the City: Christus Spohn Health System Corporation 600 Elizabeth Street Corpus Christi, Texas 78404 City of Corpus Christi Attn: Director, Development Services Department P. O. Box 9277 Corpus Christi, TX 78469-9277 UPA Page 6 of 9 Any party shall, by notice to the others in accordance with the provisions of this paragraph, specify a different address or addressee for notice purposes within 10 days of any address change. V. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. All actions arising from, out of, or related to this Agreement must be filed, tried, remain and resolved in and cannot be removed from Nueces County, Texas. W. The Licensee further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the "Disclosure of Interests" form attached to this Agreement as Exhibit K. Completed versions of Exhibit K by the Licensee form a part of this Agreement and are incorporated by reference into this Agreement as if set out here in their entireties. X. This instrument, including exhibits, constitutes the entire agreement between the City and the Licensee, and no prior written, oral, or contemporaneous promises, warranties or representations shall be binding upon any parties. This Agreement may only be amended by written instrument signed by authorized representatives of the City and Licensee and approved as required by City law. Y. Any payments due by the Licensee pursuant to this Agreement will be made from current revenue available to the Licensee. UPA Page 7 of 9 EXECUTED IN DUPLICATE this day of , 20 Christus Spohn Health System Corporation Justin Doss Date President, Board of Trustees STATE OF TEXAS COUNTY OF NUECES § § § ACKNOWLEDGMENT This instrument was acknowledged before me on , 20 , by Justin Doss, President, Board of Trustees, Christus Spohn Health System Corporation ("Licensee"), a Texas nonprofit corporation, on behalf of said nonprofit corporation. Notary Public's Signature UPA Page 8 of 9 IN TESTIMONY WHEREOF, the City of Corpus Christi has caused these presents to be executed on this the day of , 20 ATTEST: CITY OF CORPUS CHRISTI City Secretary THE STATE OF TEXAS § COUNTY OF NUECES § By: Nina Nixon -Mendez, FAICP Director of Development Service For City Manager This instrument was acknowledged before me on , 20, by Nina Nixon - Mendez, as Director, Development Services Department, of the City of Corpus Christi, a Texas Municipal Corporation, on behalf of said corporation. APPROVED AS TO LEGAL FORM: Buck Brice Assistant City Attorney For City Attorney (Date) Notary Public, State of Texas UPA Page 9 of 9 U RDAN ENGINEERING Exhibit A 0.046 Acre Use Privilege Agreement Easement STATE OF TEXAS COUNTY OF NUECES Job No. 4271136.02 April 11, 2018 Fieldnotes, for a 0.046 Acre, Use Privilege Agreement Easement, being portions of Elizabeth Street Right -of -Way, an apparent 70 Foot Wide Public Road (formerly known as Starr Avenue), as shown on the plat of Ocean View, a map of which is recorded in Volume 1, Page 11, of the Map Records of Nueces County, Texas; the said 0.046 Acre Easement being more fully described as follows: Commencing, at a 5/8 Inch Iron Rod Found, on the West Right -of -Way line of Ocean Drive (formerly known as Bay View Avenue), being the Northeast corner of Block XI, of the said Ocean View, for the Southeast comer of a 2.50 Foot Wide Right -of -Way Closure, described in an Ordinance recorded in Volume 643, Page 144, of the Deed Records of Nueces County, Texas; Thence, North 19°06' 16" West, with the said West Right -of -Way line and the East line of the said Right - of -Way Closure, 2.50 Feet, to the apparent South Right -of -Way line of the said Elizabeth Street, for the Northeast comer of the said Right -of -Way Closure; Thence, South 85°44'06" West, with the said apparent South Right -of -Way line, the North Right -of -Way line of the said Right -of -Way Closure, 94.14 Feet, to the Point of Beginning and Southeast corner of this Tract; Thence, over and across the said Elizabeth Street, with the boundary of this Tract as follows: • South 85°44'07" West, with the North line of the said Right -of -Way Closure, the said apparent South Right -of -Way line, 233.559 Feet, for a corner of this Tract; • North 04°15'54" West, 5.000 Feet, for the Northwest comer of this Tract; • North 85°44'06" East, 146.194 Feet, for a corner of this Tract; • North 04°19'45" West, 1.000 Foot, for a corner of this Tract; • North 85°44'06" East, 7.000 Feet, for a comer of this Tract; • South 04°19'45" East, 1.000 Foot, for a comer of this Tract; • North 85°44'06" East, 44.059 Feet, for a comer of this Tract; • North 46°12'00" East, 36.662 Feet, for a comer of this Tract; S:\Surveying\42711\B602\42711B602_CTS Easements (4)\Metes & Bounds \FN_42711 B602_0.046AC Easement.docx Page 1 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 • North 04°19'45" West, 41.655 Feet, to a point on the apparent North Right -of -Way line of the said Elizabeth Street, being the South boundary line of a 2.5 Foot Wide Right -of -Way Closure, described in said Volume 643, Page 144, of the Deed Records of Nueces County, Texas, for the Northwest corner of this Tract; • North 85°44'09" East, with the said apparent North Right -of -Way line, the South Right -of -Way line of the said Right -of -Way Closure, 8.000 Feet, for the Northeast corner of this Tract; • Thence, South 04°19'45" East, 69.993 Feet, to the Point of Beginning, containing 0.046 Acres (2,025 SqFt) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. AN ENGIN EERIN James D. Carr, R.P.L.S. License No. 6458 S:\Surveying\42711\B602\42711B602_CTS Easements (4)1Metes & Bounds\FN_42711 B602_0.046AC Easemcnt.docx Page 2 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm 14 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Exhibit B Sketch to Accompany Fieldnotes, for a 0.046 Acre, Use Privilege Agreement Easement, being portions of Elizabeth Street Right—of—Way, an apparent 70 Foot Wide Public Road (formerly known as Starr Avenue), as shown on the plat of Ocean View, a map of which is recorded in Volume 1, Page 11, of the Map Records of Nueces County, Texas. Bearings based on GPS, NAD83 (2011), Texas Coordinate System of 1983, Texas South Zone 4205. LEGEND: 5/8 Inch Iron Rod Found Right of Way Dedication Doc. No. 2006049478 O.P.R.N.C.T. Block IX — Ocean View Vol. 1, Pg. 11 M.R.N.C.T. Lot 1 Lot 2 Lot 4, Block IIA Ocean View Addition Vol. 62M.R.N.C., Pg.T. 130 LINE BEARING DISTANCE L1 S 85°44'07" W 233.559' L2 N 04°15'54" W 5.000' L3 N 85°44'06" E 146.194' L4 N 04°19'45" W 1.000' L5 N 85°44'06" E 7.000' L6 S 04°19'45" E 1.000' L7 N 85°44'06" E 44.059' L8 N 46°12'00" E 36.662' L9 N 04°19'45" W 41.655' L1O N 85°44'09" E 8.000' L11 S 04°19'45" E 69.993' L3 0.046 Acres 2,025 Sq. Feet L1 DETAIL "A" (1"=30') L1O Point of/ Beginning 2.5' ROW Closure Vol. 643, Pg. 144 D.R.N.C.T. Elizabeth Street (Formerly Starr Avenue, Apparent 70' Wide Right–of–Way M.R N C.T.) (Vol. 643, Pg. 144, D.R.N.C.T.) N 19' 06' 16'W 2.50' (Vol. 1 Pg 11' s 85'44'06" W 94.14' _ o' Beginning SEE D 1- ��� .............. Point of �!® 2.5' ROW Closure Commencement ---® ®®�— Vol. 643, Pg. 144 y 0.046 Acres ---�� d- o D.R.N.C.T. q. ®� v , Lot 14 025 S FeetREV: 1 DATE: 04/11 /18 Lo SCALE: 1 =60' ma JOB NO.: 42711.6602 DRAWN BY: CTS Block XI Ocean View — Vol. 1, Pg. 11 M.R.N.C.T. Lot 13 URBAN ENGINEERING TBPE FIRM N0. 145, TBPLS FIRM N0. 10032400 2725 SWANTNER DR. CORPUS CHRISTI. TX 78404 PHONE 381.854.3101 WWW.URBANENO.COM ur c 20 an Engineering C'S Easements(b sb4°��4�71'�J��� �"o46A �0.�_ 9� 9 Exhibit C 0.030 Acre Use Privilege Agreement Easement STATE OF TEXAS COUNTY OF NUECES Job No. 42711.B6.02 April 11, 2018 Fieldnotes, for a 0.030 Acre, Use Privilege Agreement Easement, being portions of Elizabeth Street, an apparent 70 Foot Wide Public Road (formerly known as Starr Avenue), as shown on the plat of Ocean View, a map of which is recorded in Volume 1, Page 11, of the Map Records of Nueces County, Texas; the said 0.030 Acre Easement being more fully described as follows: Commencing, at a 5/8 Inch Iron Rod Found, on the West Right -of -Way Line of Ocean Drive (formerly known as Bay View Avenue), being the Northeast corner of Block XI, of the said Ocean View, for the Southeast corner of a 2.50 Foot Wide Right -of -Way Closure, described in an Ordinance recorded in Volume 643, Page 144, of the Deed Records of Nueces County, Texas; Thence, North 19°06' 16" West, with the said West Right -of -Way line and the East line of the said Right - of -Way Closure, 2.50 Feet, to the apparent South Right -of -Way line of the said Elizabeth Street, for the Northeast corner of the said Right -of -Way Closure; Thence, South 85°44'06" West, with the said apparent South Right -of -Way line, the North Right -of -Way line of the said Right -of -Way Closure, 460.966 Feet, to the Point of Beginning and Southeast corner of this Tract; Thence, over and across the said Elizabeth Street, with the boundary of this Tract as follows: • South 85°44'06" West, with the North line of the said Right -of -Way Closure, the apparent South Right -of -Way line of the said Elizabeth Street, 6.502 Feet, for a corner of this Tract; • North 05°36'10" West, 70.017 Feet, to a point on the apparent North Right -of -Way Line of the said Elizabeth Street, being the South boundary line of a 2.5 Foot Wide Right -of -Way Closure, described in an Ordinance recorded in Volume 643, Page 144, of the Deed Records of Nueces County, Texas, for the Northwest corner of this Tract; • North 85°44'09" East, with the South line of the said Right -of -Way closure, the said apparent North Right -of -Way line, 6.502 Feet, for a corner of this Tract; • South 05°36'10" East, 7.626 Feet, for a corner of this Tract; S:1Surveying142711113602142711B602_CTS Easements (4)\Metes & Bounds1FN_42711B602_0.030AC Easement.docx Page 1 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 • North 84°23'50" East, 111.370 Feet, for a corner of this Tract; • North 29°32'53" East, 6.044 Feet, to a point on the South line of the said Right -of - Way Closure, the apparent North Right -of -Way line, for a corner of this Tract; • North 85°44'09" East, with the South line of the said Right -of -Way Closure, the said apparent North Right -of -Way line, 6.018 Feet, for the Northeast corner of this Tract; • South 29°32'53" West, 14.434 Feet, for a corner of this Tract; • South 84°23'50" West, 112.557 Feet, for a corner of this Tract; • Thence, South 05°36'10" East, 55.390 Feet, to the Point of Beginning, containing 0.030 Acres (1,290 SqFt) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. James D. Carr, R.P.L.S. License No. 6458 S:1Surveying1427111B602142711B602_CTS Easements (4)1Metes & Bounds\FN_42711B602_0.030AC Easement.docx Page 2 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Exhibit D Sketch to Accompany Fieldnotes, for a 0.030 Acre Use Privilege Agreement Easement, being a portion of Elizabeth Street Right—of—Way, an apparent 70 Foot Wide Public Road (formerly known as Starr Avenue), as shown on the plat of Ocean View, a map of which is recorded in Volume 1, Page 11, of the Map Records of Nueces County, Texas. Bearings based on GPS, NAD83 (2011), Texas Coordinate System of 1983, Texas South Zone 4205. LEGEND: 5/8 Inch Iron Rod Found Right of Way Dedication Doc. No. 2006049478 O.P.R.N.C.T. Block IX — Ocean View Vol. 1, Pg. 11 M.R.N.C.T. Lot 1 Lot 2 Lot 4, Block HA Ocean View Addition Vol. 62, Pg. 130 M.R.N.C.T. LINE BEARING DISTANCE L1 S 85°44'06" W 6.502' L2 N 05°36'10" W 70.017' L3 N 85°44'09" E 6.502' L4 S 05°36'10" E 7.626' L5 N 84°23'50" E 111.370' L6 N 29°32'53" E 6.044' L7 N 85°44'09" E 6.018' L8 S 29°32'53" W 14.434' L9 S 84°23'50" W 112.557' L10 S 05°36'10" E 55.390' L3 - 0.030 Acres 1,290 Sq. Feet Point of Beginning L5 L9 DETAIL "A" (1"=30') L7 SEE DETAIL " 2.5' ROW Closure Vol. 643, Pg. 144 D.R.N.C.T. Elizabeth Street (Formerly Starr Avenue) Apparent 70' Wide Right—of—Way (Vol. 1, Pg. 11, M.R.N.C.T.) (Vol. 643, Pg. 144, D.R.N.C.T.) S 85°44 06 W 460.966' __ ®. 6° `p n. m.1 0 P o m6 0 %a 0 m 0 i a Point of Beginning 0.030 Acres 1,290 Sq. Feet Block X Ocean View Vol. 1, Pg. 11 M.R.N.C.T. 2.5' ROW Closure 0' Vol. 643, Pg. N 19°06'16"W 2.50' \ Point of Commencement Lot 14 D.R.N.C.T. REV: 10/12/18 Block XI DATE: 0411 /18 Ocean View — SCALE: 1' =60' Vol. 1, Pg. 11 JOB NO.: 42711.6602 M.R.N.C.T. DRAWN BY: CTS Lot 13 u C'S Easements URBAN ENGINEERING 1BPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER DR, CORPUS CHRISTI, Tx 78404 PHONE 381.854.3101 WWW.UtBANENG.COM ansurveylOurbanen com 02018 by Urban Engineering 4)\EX4271186012 0.030AC20180312C S.dwa U RDAN ENGINEERING Exhibit E 0.028 Acre Use Privilege Agreement Easement STATE OF TEXAS COUNTY OF NUECES Job No. 42711.B6.02 April 11, 2018 Fieldnotes, for a 0.028 Acre, Use Privilege Agreement Easement, being portions of Elizabeth Street Right -of -Way, an apparent 70 Foot Wide Public Road (formerly known as Starr Avenue), as shown on the plat of Ocean View, a map of which is recorded in Volume 1, Page 11, of the Map Records of Nueces County, Texas; the said 0.028 Acre Easement being more fully described as follows: Commencing, at a 5/8 Inch Iron Rod Found, on the West Right -of -Way Line of Ocean Drive (formerly known as Bay View Avenue), being the Northeast corner of Block XI, of the said Ocean View, for the Southeast comer of a 2.50 Foot Wide Right -of -Way Closure, described in an Ordinance recorded in Volume 643, Page 144, of the Deed Records of Nueces County, Texas; Thence, North 19°06'16" West, with the said West Right -of -Way line and the East line of the said Right - of -Way Closure, 2.50 Feet, to the apparent South Right -of -Way line of the said Elizabeth Street, for the Northeast corner of the said Right -of -Way Closure; Thence, South 85°44'06" West, with the said apparent South Right -of -Way line, the North Right -of -Way line of the said Right -of -Way Closure, 520.125 Feet, to the Point of Beginning and Southeast corner of this Tract; Thence, over and across the said Elizabeth Street, with the boundary of this Tract as follows: • South 85°44'06" West, with the North line of the said Right -of -Way Closure, the said apparent South Right -of -Way line, 3.000 Feet, for a corner of this Tract; • North 04°32'56" West, 53.073 Feet, for a corner of this Tract; • South 44°55'02" West, 81.193 Feet, to the said North line of the Right -of -Way Closure, the said apparent South Right -of -Way line, for a comer of this Tract; • South 85°44'06" West, with the said North line of the Right -of -Way Closure, the said apparent South Right -of -Way line, 12.239 Feet, for the Southwest corner of this Tract; • North 44°55'02" East, 107.087 Feet, to a point on the apparent North Right -of -Way line of the said Elizabeth Street, being the South boundary line of a 2.5 Foot Wide S:\Surveying\42711\B602\42711B602_CTS Easements (4)\Metes & Bounds'FN_42711B602_0.028AC Easement.docx Page 1 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Right -of -Way Closure, described in the said Volume 643, Page 144, of the Deed Records of Nueces County, Texas, for the Northwest comer of this Tract; • North 85°44'09" East, with the said apparent North Right -of -Way line, 23.132 Feet, for the Northeast corner of this Tract; • South 44°55'02" West, 36.279 Feet, for a corner of this Tract; • Thence, South 04°32'56" East, 46.284 Feet, to the Point of Beginning, containing 0.028 Acres (1,227 SqFt) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. A ENG E G/ ov, James D. Carr, R.P.L.S. License No. 6458 S:\Surveying\42711\B60214271 1B602_CTS Easements (4)1Metes & Bounds\FN_42711B602_0.028AC Easement.docx Page 2 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Exhibit Sketch to Accompan,y Fieldnotes, for a 0.028 Acre, Use Privilege Agreement Easement, being a portion of Elizabeth Street Right—of—Way, an apparent 70 Foot Wide Public Road (formerly known as Starr Avenue), as shown on the plat of Ocean View, a map of which is recorded in Volume 1, Page 11, of the Map Records of Nueces County, Texas. Bearings based on GPS, NAD83 (2011), Texas Coordinate System of 1983, Texas South Zone 4205. 0 CP �a�s le Pi *cs so LEGEND: 5/8 Inch Iron Rod Found Lot 4, Block IIA Ocean View Addition Vol. 62, Pg. 130 M.R.N.C.T. Right of Way Dedication Doc. No. 2006049478 0.P.R.N.C.T. Block IX — Ocean View Vol. 1, Pg. 11 M.R.N.C.T. Lot 1 Lot 2 Point of Beginning Lot 14 0.028 Acres 1,227 Sq. Feet Block X OceanM.R.N.C,T. View Vol. 1, Pg. 11 Lot 13 S:\Surveying\4271 � LINE BEARING DISTANCE L1 S 85°44'06" W 3.000' L2 N 04°32'56" W 53.073' L3 S 44°55'02" W 81.193' L4 S 85°44'06" W 12.239' L5 N 44°55'02" E 107.087' L6 N 85°44'09" E 23.132' L7 S 44°55'02" W 36.279' L8 S 04°32'56" E 46.284' 0.028 Acres 1,227 Sq. Feet L6 Point of Beginnin 2.5' ROW Closure Vol. 643, Pg. 144 D.R.N.C.T. Elizabeth Street (Formerly Starr Avenue) Apparent 70' Wide Right–of–Way (Vol. 1, Pg. 11, M.R.N.C.T.) (Vol. 643, Pg. 144, D.R.N.C.T.) s 85°44'06" W 520.125' Point of N19°06'16"W 2.50' 2.5' ROW Closure Vol. 643, Pg. 144 D.R.N.C.T. a Lot 14 `` Lot 13 Block XI Vol. 1, Pg. 11 Ocean View — M.R.N.C.T. Commencement Lot 1 REV: 10/12/18 DATE: 04/11 /18 — SCALE: 1 =60' JOB NO.: 42711.6602 DRAWN BY: CTS URBAN ENGINEERING 1BPE FIRM NO. 145, 1BPlS FIRM NO. 10032400 2725 SWANINER OR. CORPUS CHRISM, 1X 78404 PHONE: 381.854.3101 WWW.URBANENG.COM 2CTS Easements urb� ansurveylurbaneng,com � 02018 by Urban Engtne!ring Y RBAN ENGINE ERI NG Exhibit G 0.016 Acre Use Privilege Agreement Easement STATE OF TEXAS COUNTY OF NUECES Job No. 42711.B6.02 April 11, 2018 Rev: July 12, 2018 Fieldnotes, for a 0.016 Acre Use Privilege Agreement Easement, being portions of Elizabeth Street Right -of -Way, an apparent 70 Foot Wide Public Road (formerly known as Starr Avenue), and Third Street, a 60 Foot Wide Public Road, as shown on the plat of Ocean View, a map of which is recorded in Volume 1, Page 11, of the Map Records of Nueces County, Texas; the said 0.016 Acre Easement being more fully described as follows: Commencing, at a 5/8 Inch Iron Rod Found, on the West Right -of -Way Line of Ocean Drive (formerly known as Bay View Avenue), being the Northeast corner of Block XI, of the said Ocean View, for the Southeast corner of a 2.50 Foot Wide Right -of -Way Closure, described in an Ordinance recorded in Volume 643, Page 144, of the Deed Records of Nueces County, Texas; Thence, North 19°06'16" West, with the said West Right -of -Way line and the East line of the said Right - of -Way Closure, 2.50 Feet, to the apparent South Right -of -Way line of the said Elizabeth Street, for the Northeast corner of the said Right -of -Way Closure; Thence, South 85°44'06" West, with the said apparent South Right -of -Way line, the North Right -of -Way line of the said Right -of -Way Closure, 631.028 Feet, to the Point of Beginning and a comer of this Tract; Thence, over and across the said Elizabeth Street and Third Street, with the boundary of this Tract as follows: • South 85°44'06" West, with the North line of the said Right -of -Way Closure, 2.095 Feet, to the East Right -of Way Line of the said Third Street, for a corner of this Tract; • South 19°09'20" East, with the said East Right -of -Way line, the West Right -of - Way line of the said Right -of -Way closure, 2.587 Feet, for the Northeast corner of a Right -of -Way Closure, described by City Ordinance 026403, recorded in Document No. 2006049477, of the Official Public Records of Nueces County, Texas and for a corner of this Tract; • South 85°44'06" West, with the North Boundary line of the said Right -of -Way Closure, 87726 Feet, -for -the -Southwest corner of this Tract; S:\Surveying\4271 I\B602\42711B602_CTS Easements (4)\Metes & Bounds\FN_42711B602_0.016AC Easement.docx Page 1 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 • North 12°32'43" East, 75.736 Feet, to a point on the apparent North Right -of -Way Line of the said Elizabeth Street, being the South boundary line of a 2.5 Foot Wide Right -of -Way Closure, described in the said Volume 643, Page 144, of the Deed Records of Nueces County, Texas for the Northwest corner of this Tract; • North 85°44'09" East, with the South Right -of -Way line of the said Right -of -Way closure, the said apparent North Right -of -Way Line, 9.402 Feet, for the Northeast comer of this Tract; • Thence, South 12°32'43" West, 73.124 Feet, to the Point of Beginning, containing 0.016 Acres (678 SqFt) of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. URfAN ENGINEERING James D. Carr, R.P.L.S. License No. 6458 S:\Surveying\42711\B602\42711B602_CTS Easements (4)\Metes & Bounds\FN_42711B602_0.0I6AC Easement.docx Page 2 of 2 (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng,com TBPE, Firm # 145 • TBPLS Firm # 10032400 FAX (361)854-6001 Sketch to AccompanyExhibit HS:\Surveying\42711\B602\42711B602_CTS Easements (4)\EX42711B602_0.016AC_20180312_CTS.dwg Location Map S:\Surveying\42711\B602\42711B602_CTS Easements (4)\EX42711B602_Location Map_20180312_CTS.dwgEXHIBIT I The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $ UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PERSTATUTE OTH-ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes, describe underDESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNEDAUTOSAUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS:E-MAIL FAX(A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S) AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 4/18/2016 Los Angeles-Alliant Insurance Services, Inc.333 S Hope St Ste 3750Los Angeles CA 90071 CHRISTUS HealthAttn: Risk Finance Department919 Hidden RidgeIrving TX 75038 Old Republic General Insurance Corp 24139 213-443-2440 CHRIHEA-05 1013980160 A A1GLN3001500 11/30/2015 11/30/2019 2,000,000 300,000 10,000 2,000,000 4,000,000 4,000,000 X X X A A1LWN3001500 11/30/2015 11/30/2019 X 1,000,000 1,000,000 1,000,000 Re: Spohn ShorelineThe City of Corpus Christi is included as Additional Insured as respects Liability arising out of operations (work) performed by or on behalf ofthe Named Insured. Waiver of Subrogation applies as required by contract. Ten (10) Days Notice of Cancellation. The City of Corpus Christi, Traffic Engineering Division1201 Leopard St.Corpus Christi TX 78401 EXHIBIT J EXHIBIT K City Council Presentation October 30, 2018 License Agreement for Christus Spohn Shoreline Hospital Aerial Overview N Proposed Layout N Staff Recommendation •Approval Utility Description N DATE:October 10, 2018 TO:Keith Selman, Interim City Manager FROM:Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3932 CAPTION: Resolution ratifying submission of a grant application for $37,573.61 to the Office of the Governor for the Emergency Operations Center and Transportation Management Center Assessment project; and authorizing acceptance, rejection, alteration, or termination of grant. PURPOSE: The purpose of the resolution is to authorize the Corpus Christi Fire Department to submit a grant through the Homeland Security Grant Program (HSGP) and State Homeland Security Program (SHSP). The purpose of the grant is to improve state and local and regional terrorism prevention, preparedness, response and recovery capabilities. BACKGROUND AND FINDINGS: The Homeland Security Grants Division (HSGD) of the Governor’s Office is soliciting applications for projects that support state and local efforts to prevent terrorism and other catastrophic events and prepare for the threats and hazards that pose the greatest risk to the security of Texas citizens. HSGD provides funding to implement investments that build, sustain, and deliver the essentials to achieving a secure and resilient state. ALTERNATIVES: If we do not submit this grant application, we will have limited emergency response and Resolution ratifying submission of a grant application to the Office of the Governor for the Emergency Operations Center and Transportation Management Center Assessment Project AGENDA MEMORANDUM Future Item for the City Council Meeting of October 30, 2018 Action Item for the City Council Meeting of November 13, 2018 security capabilities. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: City Council approval to allow submission of grant applications. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: None Specify departments of special interest (do not list departments on tracking sequence) FINANCIAL IMPACT: □Operating □ Revenue □ Capital X Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: Non-Applicable RECOMMENDATION: Staff recommends authorizing the Fire Department to submit grant applications. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution ratifying submission of grant application for $37,573.61 to the Office of the Governor for the Emergency Operations Center and Transportation Management Center Assessment project; and authorizing acceptance, rejection, alteration, or termination of grant. WHEREAS, the city of Corpus Christi finds it in the best interest of the citizens of Corpus Christi that the Emergency Operations Center (EOC) and Transportation Management Center (TMC) Cybersecurity Assessment be utilized for the year of 2018; WHEREAS, the City of Corpus Christi agrees to provide applicable matching funds for the said project; and WHEREAS, the City of Corpus Christi agrees that in the event of loss or misuse of the Office of Governor funds, the City of Corpus Christi assures that the funds will be returned to the Office of Governor in full; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council ratifies the submission of a grant application from 2016 in the amount of $37,573.61 for the EOC and TMC Assessment project to the Office of the Governor, Homeland Security Grants Division, State Homeland Security Program. SECTION 2. The City of Corpus Christi designates the Deputy Fire Chief as the grantee’s authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the grant on behalf of the applicant agency. ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor GRANT #3707301 Corpus Christi, Texas _________ day of ___________________, 20____ The above resolution was passed by the following vote: Joe McComb _______________________ Rudy Garza _______________________ Paulette Guajardo _______________________ Michael Hunter _______________________ Debbie Lindsey-Opel _______________________ Ben Molina _______________________ Everett Roy _______________________ Lucy Rubio _______________________ Greg Smith _______________________ DATE:October 30, 2018 TO:Keith Selman, Interim City Manager FROM:Robert Rocha, Fire Chief RRocha@cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a one-year supply agreement for the purchase of EMS Medications with Life-Assist, Inc. of Rancho Cordova, California for a total amount of $146,964.04 with two one-year options for a total potential multi-year amount of $440,892.12. PURPOSE: This item is to approve the Corpus Christi Fire Department Medications to be used for Emergency Medical Services. BACKGROUND AND FINDINGS: The majority of calls from 911 routed to the Corpus Christi Fire Department (CCFD) are requests for Emergency Medical Services. As such, various pharmaceuticals are needed to provide intervention and support to citizens found with cardiac issues, diabetic emergencies, seizure activity, overdoses, etc. These medications are carried by CCFD ambulances and fire apparatus responsible for emergency response. 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, Life-Assist, Inc. ALTERNATIVES: Not applicable. Medications for Emergency Medical Services (EMS) AGENDA MEMORANDUM Future Item for the City Council Meeting of October 30, 2018 Action Item for the City Council Meeting November 13, 2018 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: Fire Department FINANCIAL IMPACT: X Operating □ Revenue □Capital □Not applicable Fiscal Year: 2018- 2019 Current Year Future Years TOTALS Line Item Budget $441,036.00 $440,892.12 $881,928.12 Encumbered / Expended Amount $.00 $0.00 $.00 This item $122,470.03 $440,892.12 $563,362.15 BALANCE $318,565.97 $0.00 $318,565.97 Fund(s): General Fund Comments:The contract total is $146,964.04.14, of which $122,470.03 is funded in FY2018-2019. The remaining cost will be funded in future years. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 Acetaminophen Box 30 PK $1.00 $30.00 $3.81 $114.30 $0.99 $29.70 2 Acetaminophen Elixer Bottle 30 EA $4.96 $148.80 $1.23 $36.90 $2.85 $85.50 3 Adenosine 40 PK $62.00 $2,480.00 $22.90 $916.00 $34.16 $1,366.40 4 Albuterol 70 PK $6.30 $441.00 $5.49 $384.30 $5.03 $352.10 5 Amidarone 20 BX $81.25 $1,625.00 $43.50 $870.00 $37.85 $757.00 6 Aspirin 288 EA $1.08 $311.04 $0.74 $213.12 $0.81 $233.28 7 Atropine Sulfate 70 BX $106.60 $7,462.00 $97.30 $6,811.00 $88.58 $6,200.60 8 CA Gluconate 10% IV 12 PK $280.00 $3,360.00 $294.50 $3,534.00 $243.75 $2,925.00 9 CA Gluconate 2.5% Gel 80 EA $35.50 $2,840.00 $30.26 $2,420.80 $33.07 $2,645.60 10 Dextrose 50%90 BX $85.90 $7,731.00 $95.91 $8,631.90 $85.50 $7,695.00 11 Diazepam 20 BX No Bid No Bid $335.31 $6,706.20 No Bid No Bid 12 Diphenthydramine 20 BX $25.00 $500.00 $24.25 $485.00 $24.60 $492.00 13 Dopamine 8 BX $77.50 $620.00 $81.50 $652.00 $70.96 $567.68 14 Ephinephrine 1:1000 20 BX $410.00 $8,200.00 $482.25 $9,645.00 $394.89 $7,897.80 15 Ephinephrine 1: 10,000 94 BX $48.50 $4,559.00 $57.70 $5,423.80 $48.10 $4,521.40 16 Furosemide 24 BX $82.00 $1,968.00 $84.75 $2,034.00 $91.67 $2,200.08 17 Glucagon 180 EA $178.00 $32,040.00 $181.42 $32,655.60 $180.73 $32,531.40 18 Glucose Paste 600 EA $1.20 $720.00 $1.16 $696.00 $1.78 $1,066.98 19 Labetalol 20 BX $55.50 $1,110.00 $82.80 $1,656.00 $71.56 $1,431.20 20 Lidocaine 56 BX $29.40 $1,646.40 $28.90 $1,618.40 $32.27 $1,807.12 21 Magnesium Sulfate 50%7 BX $60.00 $420.00 $54.50 $381.50 $46.71 $326.97 22 Methylpred 15 BX $270.00 $4,050.00 $304.75 $4,571.25 $261.01 $3,915.15 23 Naloxone 128 BX $330.00 $42,240.00 $336.00 $43,008.00 $337.16 $43,156.48 24 Midazolam 16 BX $27.00 $432.00 $12.57 $201.12 No Bid No Bid 25 Morphine Sulfate 48 BX $52.00 $2,496.00 $53.53 $2,569.44 No Bid No Bid 26 Nitrostat Spray 98 EA $146.00 $14,308.00 $138.60 $13,582.80 $216.93 $21,259.14 27 Ondansetron 130 BX $12.48 $1,622.40 $32.88 $4,274.40 $45.67 $5,937.10 28 Sodium Bicarbonade 17 BX $135.00 $2,295.00 $103.20 $1,754.40 $110.67 $1,881.39 29 Transexxamic Acid 30 EA $10.28 $308.40 $36.43 $1,092.90 $10.83 $324.99 30 Expedited Deliveries 1 LS $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 $1,000.00 TOTAL $146,964.04 $157,940.13 $152,607.06 Item 11 - Diazepam is not available nationwide. Vendors have not had this drug available to sell for over 10 months. There is no time frame that has been given when the drug will become available for purchase. Life-Assist, Inc. Rancho Cordova, CA Bound Tree Medical Dublin, OH CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MINERVA ALVARADO ITEM DESCRIPTION UOMQTY BID TABULATION RFB 1832-EMS Medications Medline Industries, Inc. Chicago, IL Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 SUPPLY AGREEMENT NO. 1832 EMS Medications for CCFD THIS EMS Medications for CCFD Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Life-Assist, Inc. (“Supplier"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Supplier has bid to provide EMS Medications in response to Request for Bid No. 1832 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Supplier’s bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide EMS Medications for CCFD in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 12 months. The parties may mutually extend the term of this Agreement for up to 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. This Agreement is for an amount not to exceed $146,964.04, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 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: Billy Belyeu Fire Department Phone: 361-826-3941 BillyBe@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance (“COI ”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid price, must be paid by the Supplier within 30 days of receipt of City’s invoice. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable 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: Billy Belyeu Title: Battalion Chief 2406 Leopard Street, Corpus Christi, Texas 78408 Phone: 361-826-3941 Fax: 361-826-4287 IF TO SUPPLIER: Life-Assist, Inc. Attn: Brittney Kelly Title: Pricing Specialist 11277 Sunrise Park Drive, Rancho Cordova, California 95742 Phone: 800-824-6016 Fax: 800-290-9794 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Supplier’s failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Supplier’s bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 1 of 3 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide medications in accordance with the specifications listed herein. These medicines will be utilized by the Corpus Christi Fire Department, Emergency Medical Services technicians, to treat patients. This contract will provide needed medications to be purchased on an “as needed” basis by the Emergency Medical Services (EMS) Division of the Corpus Christi Fire Department. 1.2 Scope of work A. Delivery 1. Contractor shall make inside delivery to City locations within five calendar days to the addresses specified. All prices will be quoted F.O.B. destination, inside delivery to City of Corpus Christi facility, freight prepaid. Expedited forty-eight hour delivery services will be required in some instances; therefore, Contractor must be able to provide such service. Additional freight will be paid only when the City has made a request for expedited delivery. 2. Delivery, as used in this section, means the goods ordered and received by the City. Receipt of goods that do not conform to specifications will not be accepted by the City. Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractors inability to deliver the product within the five calendar day stipulation. Cancellations shall be in writing and sent to Contractor by email, fax, or mail. No restocking fee or payment of any kind shall be owed for orders canceled due to Contractors inability to meet the five day delivery deadline. Returns to Contractor of late orders received after the cancellation notice has been sent shall be at Contractor’s expense. The City may seek the products from another party if Contractor fails to deliver on time. 3. Delivery must be made during normal working hours, Monday through Friday, 8:00 am to 5:00 pm CT. B. Defective Goods – Contractor shall pay for return shipment on any goods that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged goods. C. Product Expiration – Contractor shall provide medical supplies with a minimum expiration date of twelve months after the delivery date. Any Page 2 of 3 materials delivered with an expiration date of less than 12 months will be returned to Contractor for credit or replacement at Contractor’s expense. D. Change on Unit of Measure – Contractor may change unit of measure as long as individual unit price remains consistent. E. Discontinued Items – In the event that a manufacturer discontinues particular product(s), the City may allow Contractor to provide a substitute for the discontinued product(s) or delete the product(s) from the contract altogether. If Contractor requests permission to substitute a new product, Contractor shall provide the following to the City: 1. Documentation from the manufacturer that the product has been discontinued. 2. Documentation that names the replacement product. 3. Documentation that provides clear and convincing evidence that the replacement product meets or exceeds all specifications of the original product. 4. Documentation that provides clear and convincing evidence that the replacement product will be compatible with all the functions or uses of the discontinued product. 5. Documentation confirming that the price for the replacement is the same as or less than the discontinued product. 6. These providers related to product discontinuance apply only to products specifically listed in this solicitation document. 1.3 Special Instructions A. Monthly orders of required medications (except for controlled medications listed below in special instructions section), will need to be shipped to: Corpus Christi Fire Department Attention: EMS Supply Coordinator 1501 Holly Road Corpus Christi, TX 78417 Page 3 of 3 B. All controlled medications to be shipped as per DEA regulations to address on DEA Certificate. Corpus Christi Fire Department 2406 Leopard Street, Suite 300 Corpus Christi, TX 78408 Controlled Medication include: Diazepam (Valium) Midazolam (Versed) Morphine Sulfate Contractor must process electronic Schedule II narcotic forms (e222). Page 1 of 3 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 cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate 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 Page 2 of 3 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. 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 Page 3 of 3 the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Fire Department Delivery Drop Off - EMS Medication Supplies 07/26/2018 sw Risk Management Valid Through 12/31/2018 No Bond is required for this agreement. Attachment D: Warranty Requirements 1.Contractor shall provide medical supplies with a minimum expiration date of 12 months after the delivery date. Any materials delivered with an expiration date of less than 12 months will be returned to Contractor for credit or replacement at Contractor's expense. 2.Contractor shall pay for return shipment on any goods that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged goods. Page 1 of 1 Project No: H17013 1 MA/LH Legistar No.: 18-1267 Rev. 2 – 10/22/2018 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 30, 2018 Action Item for the City Council Meeting of November 13, 2018 DATE:October 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 Andres Leal, Jr., P.E., Director of Street Operations andyl@cctexas.com (361) 826-1957 CAPTION: Motion to authorize execution of Amendment No. 2 to a professional services contract withGovind Development, LLC. of Corpus Christi, Texas in the amount of $59,350 for a total restated fee of $149,435 for the North Padre Island Beach Access Roads Project (Bond 2014, Proposition 2). PURPOSE: This amendment provides for design and engineering for preparation of construction documents for rehabilitation/reconstruction of two North Padre Island Beach Access Roads – (Newport Pass Road and Zahn Road). BACKGROUND AND FINDINGS: Newport Pass Road and a section of Zahn Road are experiencing major distress. Newport Pass Road and Zahn Road are existing 2-lane beach access roads with roadside ditches located northeast of Park Road 22 along State Highway 361. In addition to normal roadway distresses, beach access roads experience erosion damage from high tides for the sections nearest to the beach. Newport Pass Road also received damage from Hurricane Harvey that required temporary improvements to restore safe travel, for which reimbursement has been requested from FEMA. Professional Services Contract Amendment No. 2 North Padre Island Beach Access Roads Project (Bond 2014, Proposition 2) Project No: H17013 2 MA/LH Legistar No.: 18-1267 Rev. 2 – 10/22/2018 Improvements to both beach access roads are proposed under the Bond 2014 Proposition 2 Beach Access Road Project under Bond language description as follows: “This project includes reconstruction of Beach Access Roads on North Padre Island, including Beach Access Road 3A, and consideration will be given to other beach access roads for which the City has the responsibility of maintaining as funding allows.” Improvement to both Beach Access Road 3a and 2 projects are complete. Based on the current estimates, sufficient funds are available to complete the scope of work for Newport Pass and Zahn Roads, both of which fall under the Bond 2014 project description. This amendment provides for the engineering, design, permitting with bid and construction phase support services for the project as summarized below: Newport Pass Road – Restoration and full depth repairs for the entire length from State Highway 361 to the beach, Zahn Road – Full reconstruction of the last approximate 800 LF of roadway nearest to the beach. The remaining section (approximately 2500LF) will be programmed into the City’s Street Preventative Maintenance Program (SPMP) for future surface treatment. Construction will be planned to avoid spring break and peak summer periods. The design firm, Govind Development, LLC., was selected under RFQ No. 2014-08. ALTERNATIVES: 1.Authorize execution of the Amendment. (Recommended) 2.Do not authorize execution of the Amendment. (Not Recommended) OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Street Operations Project No: H17013 3 MA/LH Legistar No.: 18-1267 Rev. 2 – 10/22/2018 FINANCIAL IMPACT: □Operating □ Revenue X Capital □ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 1,142,936 2,357,064 3,500,000 Encumbered / Expended Amount 1,142,936 1,142,936 This item 59,350 59,350 Future Anticipated Expenditures This Project 361,998 361,998 BALANCE 0.00 1,935,716 1,935,716 Fund(s): Street Bond 2014 RECOMMENDATION: City staff recommends award of this professional services contract amendment with Govind Development LLC. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment No. 2 PROJECT FUNDS AVAILABLE: Street CIP, Bond 2014, Proposition 2……………………………………………………………………………...……………………………..3,500,000 TOTAL FUNDS AVAILABLE ..3,500,000 FUNDS REQUIRED: Construction and Contingency Fees:……………………………………………………………..1,092,933 Construction Road 3A (JE Construction Services) COMPLETE……………………………………………………………………………..618,389 Construction Road 2 (Mo-Con Services) COMPLETE……………………………………………………………………………..474,545 Construction Newport Pass and Zahn Road TBD……………………………….TBD Construction Inspection and Testing Fees:…………………………………………………………………27,276 Construction Inspection ………………………………………………………………………………TBD Construction Phase - Materials Testing Services …………………………………………………………………………………….TBD Construction Phase - Materials Testing Services (3A and 2) COMPLETE…………………………………………………………………………………….27,276 Design and Geotechnical Fees:…………………………………………………………………………………………………..245,575 A/E Contract (Govind) Amendment No. 2 THIS ITEM .59,350 A/E Contract (Govind) Amendment No. 1 …………………………………………………………………………………………………….16,150 A/E Contract (Govind) Design Contract …………………………………………………………………………………………………….73,935 Engineer (Govind) Preliminary Design (Newport Pass)…………………………………………………………………………………………………….18,750 Engineer (Govind) Preliminary Design (3A and 2)…………………………………………………………………………………………………….49,250 Design Phase - Geotechnical Services (Tolunay-Wong) (Newport and Zahn)……………………………………………………………14,855 Design Phase - Geotechnical Services (Tolunay-Wong) Road 3A and 2……………………………………………………………………………13,285 Reimbursements and Miscellaneous Fees:……………………………………………………….198,500 Contract Administration (Engineering Admin/Finance/Capital Budget)……………………………………………………………………………….70,000 Engineering Services (Project Mgt/Constr Mgt/Staff Augmentation)………………………………………………………………………………..122,500 Misc. (Printing, Advertising, etc.)………………………………………………………………………………………………………..6,000 TOTAL 1,564,284 * ESTIMATED PROJECT BUDGET BALANCE 1,935,716 North Padre Island Beach Access Roads Bond 2014, Proposition 2 PROJECT BUDGET CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES N North Padre Island Beach Access Roads Newport Pass and Zahn Roads (Bond 2014, Prop 2) Project Number: E15111LOCATION MAP NOT TO SCALE PROJECT LOCATION NEWPORT PASS RD PROJECT LOCATION ZAHN RD Council Presentation October 30, 2018 North Padre Island Beach Access Roads Newport Pass and Zahn Roads (Bond 2014 Proposition 2) 1 2 Project Location 3 Project Vicinity 4 Project Vicinity 5 Brochure Language “This project includes reconstruction of Beach Access Roads on North Padre Island, including Beach Access Road 3A, and consideration will be given to other beach access roads for which the City has the responsibility of maintaining as funding allows.” 6 Project Scope This project provides for rehabilitation/reconstruction of Beach Access Roads within the remaining Bond project funds. The scope is summarized below: •NEWPORT PASS ROAD – full rehabilitation of the existing 2-lane HMAC roadway from State Highway 361 to the beach •ZAHN ROAD – full reconstruction of the existing 2-lane HMAC for approximately 800LF nearest to the beach •Improvements include (both roads): New surface pavement bid with Rigid Concrete and Flexible Pavement (PCC & HMAC respectively) Re-grading of roadside ditches/embankments Dune protection permitting Markings, signage, etc. No sidewalks or pedestrian amenities 7 Project Schedule Projected Schedule reflects City Council award in November 2018 with anticipated completion in December 2019. Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2018 2019 Design Bid / Award Construction Contract for Professional Services Page 1 of 12 CITY OF CORPUS CHRISTI Amendment No. 2 to the CONTRACT FOR PROFESSIONAL SERVICES E15111 North Padre Island Beach Access Road 3A and 2 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 Govind Development, LLC, 9510 Leopard Street, Corpus Christi, Nueces County, Texas 78410, (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 2 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 sub consultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant’s proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays ) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City’s General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City’s Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant’s Scope of Services during the performance of the Consultant’s services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A and A- 1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3 rd party owners/operators. Contract for Professional Services Page 3 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 Utili ty 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. Ba sed 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 $59,350 for a total not to exceed of $149,435. 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 ta sks 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 4 of 12 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, securi ty interests or encumbrances in favor of Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, acc epted 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 t he 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 ____ years beginning on the Effective Date. The Agreement may be renewed for up to _____ one -year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 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 5 of 12 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 W ork for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factors may affe ct 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 6 of 12 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 C onsultant 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 thi s 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 successfu lly 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 w ork 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 7 of 12 8.3.4 Consultant acknowledges that City is a public entity and h as 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 (4) Deadline for Consultant’s response. Contract for Professional Services Page 8 of 12 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 au thorized 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 representatives within their respective organizations who have overall managerial responsibility for similar Contract for Professional Services Page 9 of 12 projects. This step shall be a condition precedent to th e use of mediation. If the parties’ senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred . 12.2.3.4 The parties shall share the mediator’s fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible . 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result f rom 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 10 of 12 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 t he 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 Ci ty 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 12 of 12 E15111 North Padre Island Beach Access Road 3A and 2 Amendment No. 2 Fund Name Accounting Unit Account No. Activity No. Amount STREET 2015 GO BOND 14 3551-051 550950 E15111-01-3551-EXP $59,350.00 Total $59,350.00 AMEND. NO. 2 EXHIBIT “A” Page 1 of 10 EXHIBIT “A” CITY OF CORPUS CHRISTI, TEXAS NORTH PADRE ISLAND BEACH ACCESS ROAD 3A AND 2 PROJECT NO. E15111 AMENDMENT NO. 2 PART A - NORTH PADRE ISLAND BEACH ACCESS NEWPORT PASS ROAD PART B - NORTH PADRE ISLAND BEACH ACCESS ZAHN ROAD PROJECT NO. H17013 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural services. 1. Preliminary Phase. The Architect/Engineer-A/E (also referred to as Consultant) will: a) Prepare PowerPoint presentation in City format for City Council Meeting. b) Hold Project Kick-off Meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. c) Prepare geotechnical investigation findings (see additional services). d) Request available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. e) Develop preliminary requirements for utility relocations replacements or upgrades. Coordinate with the City’s Project Manager and identify operating departments potential project needs. f) Develop preliminary street cross section recommendations. Prepare conceptual life-cycle cost estimate with recommended pavement sections using Federal Highway Administration (FHWA) Real Cost Program. g) Identify right-of-way acquisition requirements and illustrate on a schematic strip map. h) Prepare preliminary opinions of probable construction costs for the recommended improvements. i) Develop drainage area boundary map for existing and proposed drainage areas served. j) Conduct the hydraulic analysis to quantify the storm sewer design of existing and proposed systems. Include the analysis of inlet capacity. k) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. l) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, affected school districts (CCISD, FBISD, etc.) community groups, TDLR, etc. n) Identify and recommend public outreach and community stakeholder requirements. AMEND. NO. 2 EXHIBIT “A” Page 2 of 10 o) Review City provided preliminary Traffic impact assessment and provide recommendation for integration and/or additional requirements as appropriate. p) Prepare an Engineering Letter Report (20 – 25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross- sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include summary output tables from Hydraulic and Hydrologic analyses. 3. Include existing site photos. 4. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 6. Provide an analysis on project impacts towards “re-engineering” and effects on cost savings toward City operations, which this project will affect. 7. Provide anticipated index of drawings and specifications. 8. Provide a summary table & required ROW parcels q) Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. r) Submit computer model file, results and calculations used to analyze drainage. s) Conduct Project review meeting with City staff to review and receive City comments on the Draft Engineering Letter Report as scheduled by City Project Manager. t) Assimilate all City review comments of the Draft Engineering Letter Report and provide one (1) set of the Final Engineering Letter Report (ELR) (electronic and hard copies using City Standards as applicable) suitable for reproduction. u) Assist City in presenting summary of ELR findings to the Bicycle and Pedestrian Subcommittee and the Transportation Advisory Committee (TAC). Prepare PowerPoint presentation, handouts and exhibits for meeting. Provide follow-up and response to comments. City staff will provide electronic copies of the following information (as applicable and requested): a) Electronic index and database of City’s record drawing and record information. b) Requested record drawings, record information in electronic format as available from City Engineering files. b) The preliminary budget, specifying the funds available for construction. c) A copy of existing studies and plans. (as available from City Engineering files). d) Field location of existing city utilities. (A/E to coordinate with City Operating Department) e) Applicable Master Plans and GIS mapping are available on the City’s website. f) Preliminary Traffic counts. AMEND. NO. 2 EXHIBIT “A” Page 3 of 10 The records provided for A/E’s use under this contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must relocated to accommodate the proposed improvements. b) Provide assistance to identify testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). c) Prepare construction documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the storm water, water and wastewater systems within the project limits. Include standard City of Corpus Christi detail sheets as appropriate. d) Prepare construction plans in compliance with CPPSCF using English units on 11”x 17”. 1. Prepare Traffic Control and Construction Sequencing Plans. The TCP will include construction sequencing, typical cross section and construction phasing plan sheets, warning and barricades, as well as standards sheets for barricades, traffic control plan, work zone pavement markings and signage. 2. Provide Storm Water Pollution Prevention Plan, including construction drawings. e) Furnish three (3) sets of the interim plans (60% submittal - electronic and hard copies using City Standards as applicable) to the City staff for review and approval purposes with estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities. 1. Required with the interim plans is a “Plan Executive Summary, project checklist & drawing checklist” which will identify and summarize the project by distinguishing key elements and opinion of probable project costs. 2. Attend 60% submittal meeting with City Staff to assist staff in review of 60% submittal. f) Participate in project 60% review meeting. Prepare and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments and incorporate into construction documents. g) Provide three (3) sets of the pre-final plans and bid documents (90% submittal - electronic and hard copy using City Standards as applicable) to the City staff for review and approval purposes with revised estimates of probable costs. Plan execution summary, project checklist and plan checklist. h) Participate in Project 90% review meeting. Prepare meeting agenda and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, and incorporate any requirements into the plans and specifications, and advise City of responding and non-responding participants as appropriate and, upon Notice to Proceed. i) Provide one (1) set of the final (100%) plans (unsealed and unstamped - electronic and full-size hard copy using City Standards as applicable) for City’s final review. j) Assimilate all final review comments Upon approval by the Director of Engineering Services, provide one (1) set of the final plans and contract documents (electronic and full-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual AMEND. NO. 2 EXHIBIT “A” Page 4 of 10 property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. k) Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals of the interim, pre-final (if required), and final complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant’s duties under this contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City- provided review comments or provided submittals in accordance with City standards.. l) Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. See Exhibit “A-2” for required form. m) Provide copy of contract documents along with appropriate fee to Texas Department of Licensing and Regulation (TDLR) for review and approval of accessibility requirements for pedestrian improvements (as authorized by Additional Services). The City staff will: a) Designate an individual to have responsibility, authority, and control for coordinating activities for the construction contract awarded. b) Provide the budget for the Project specifying the funds available for the construction contract. c) Provide electronic copy the City’s standard specifications, standard detail sheets, standard and special provisions, and forms for required bid documents. 3. Bid Phase. The A/E will: a) Participate in the pre-bid conference and provide a meeting agenda for critical construction activities and elements impacted the project. b) Assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c) Review all pre-bid questions and submissions concerning the bid documents and prepare, in the City’s format, for the Engineering Services’ approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding. d) Attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract. e) In the event the lowest responsible bidder’s bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E’s design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff deems necessary to re-advertise that particular portion of the Project for bids. The City staff will: a) Arrange and pay for printing of all documents and addenda to be distributed to prospective bidders. b) Advertise the Project for bidding, maintain the list of prospective bidders, receive and process deposits for all bid documents, issue (with the assistance of the A/E) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. AMEND. NO. 2 EXHIBIT “A” Page 5 of 10 c) Receive the Engineer’s recommendation concerning bid evaluation and recommendation and prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the contract for execution between the City and the contractor. 4. Construction Administration Phase. (Time and Materials) The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacted the project. b) Review, Contractor submittals and operating and maintenance manuals for conformance to contract documents. c) Review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the contract documents for the contractor and authorize required changes, which do not affect the contractor’s price and are not contrary to the general interest of the City under the contract. e) Make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Prepare change orders as authorized by the City; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor’s price and are not contrary to the general interest of the City under the contract. g) Review, evaluate and recommend for City consideration Contractor Value Engineering proposal. h) Attend final inspection with City staff, provide punch list items to the City’s Construction Engineers for contractor completion, and provide the City with a Certificate of Completion for the project upon successful completion of the project. i) Review Contractor-provided construction “red-line” drawings. Prepare Project record drawings and provide a reproducible set and electronic file (AutoCAD r.14 or later) within two (2) months of final acceptance of the project. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The City staff will: a) Prepare applications/estimates for payments to contractor. b) Conduct the final acceptance inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: AMEND. NO. 2 EXHIBIT “A” Page 6 of 10 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a. Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b. TxDOT utility and environmental permits, multiple use agreements c. Wetlands Delineation and Permit d. Temporary Discharge Permit e. NPDES Permit/Amendments (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g. Nueces County h. Texas Historical Commission (THC) i. U.S. Fish and Wildlife Service (USFWS) j. U.S. Army Corps of Engineers (USACE) k. United States Environmental Protection Agency (USEPA) l. Texas Department of Licensing and Regulation (TDLR ) m. Texas General Land Office (TGLO) n. Other agency project-specific permits (Dune Protection Permit - BMAC) o. Development Services Coordination- Beachfront Construction Certificate p. Island Strategic Action Committee 2. Right-of-Way (ROW) Acquisition Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors’ Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformance with the City’s Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. a) Perform surveys to determine apparent right-of-way widths. b) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. c) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, land ownership and addresses as per appraisal district records. d) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. 3. Topographic Survey and Parcel Descriptions All work must be tied to and conform with the City’s Global Positioning System (GPS) control network and comply with Category 6, Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference tying Control Points to a minimum of two (2) registered boundary monuments in the vicinity of the project that will not be disturbed by construction. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. AMEND. NO. 2 EXHIBIT “A” Page 7 of 10 c) Set project control points for Horizontal and Vertical Control outside the limits of project construction disturbance. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied – i.e. – the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. g) Locate proposed soil/pavement core holes as drilled by the City’s Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing Wastewater, Storm water, water and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Survey shall include utility markings from the Texas 811 request. Surveying services, related to Level A subsurface engineering (SUE) shall be provided as part of the scope of work for SUE. i) Locate improvements within the apparent ROW. j) Locate and identify trees, at least five inches in diameter within the apparent ROW. k) Generate electronic planimetric base map for use in project design. l) The survey should not stop at the property line, but should extend beyond the property line as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. This includes features such as existing swales or ditches, foundations, loading docks/overhead doors, driveways, parking lots, etc. within 20’ of the property line. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts and exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. 6. Subsurface Utility Investigation a) Provide subsurface utility engineering in accordance with ASCE Standard “ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data” including, but not limited to, hydro-excavation. The proposed subsurface utility investigation will be as follows: i) Excavation – The survey scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. (Quality Level A involves the use of nondestructive digging equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics.) Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified and an elevation will be obtained to the top of the utility. AMEND. NO. 2 EXHIBIT “A” Page 8 of 10 ii) Utility Location – The survey scope includes locating certain utilities to Quality Level B (Quality Level B involves surveying visible above ground utility facilities, such as manholes, valve boxes, posts, etc., and correlating this information with existing utility records.) These utilities will be located by obtaining a One-Call Notice and measuring the marked locations. iii) Storm Water – Storm water facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible storm water manholes and drainage inlets. iv) Wastewater – Wastewater facilities within the project limits will be located to Quality Level C. Locations will be based on the surveyed locations of accessible wastewater manholes. Wastewater lines that are not to be replaced as part of this project and that fall within the footprint of construction-related excavation shall be located at Quality Level A. v) Water – Water facilities within the project limits will be located to Quality Level C. vi) Gas – Gas facilities within the project limits will be located to Quality Level C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The A/E will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction-related excavation of the potential for encountering their utility lines during construction. 7. Construction Observation Services. To Be Determined. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one- year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. 9. Franchise Utility Coordination. A/E to meet, coordinate and resolve all required Franchise Utilities that are in conflict with the construction of this project. (AEP, AT&T, private gas lines, etc.) 10. Hydraulic and Hydrologic Modeling and Analysis. A/E will provide a hydraulic and hydrologic analysis for the drainage basin of Newport Pass Road. A/E will use the analysis to evaluate the existing storm water system and provide recommendations for improvements. 11. Traffic Control Planning and Design. A/E will provide an engineered traffic control plan for this project. The traffic control plan design will include signage, pavement markings and will adhere to TMUTCD standards. A/E will coordinate the traffic control plan design with affected adjacent property owners and emergency services. Provide the services above authorized in addition to those items shown on Exhibit “A-1” Task List, which provides supplemental description to Exhibit “A”. Note: The Exhibit “A-1” Task List does not supersede Exhibit “A”. AMEND. NO. 2 EXHIBIT “A” Page 9 of 10 II. SCHEDULE Date Activity July 2, 2018 NTP December 17, 2018 60% Design Submittal January 14, 2019 City Review February 4, 2019 90% Design Submittal February 25, 2019 City Review March 18, 2019 100% Design Submittal (unsigned/unsealed) April 1, 2019 City Review April 25, 2019 100% Final Sealed Submittal May 6, 2019 Advertise for Bids May 14, 2019 Pre-Bid Conference May 29, 2019 Receive Bids July, 2019 Contract Award September, 2019 Begin Construction December, 2019 Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing for all “Basic Services” authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E’s estimate (and with City’s concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly payments in response to A/E’s monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. “Additional Services,” the City will pay the A/E a not-to-exceed fee as per the table below: AMEND. NO. 2 EXHIBIT “A” Page 10 of 10 Summary of Fees Basic Services Fees Base Contract Amendment 1 Amendment No. 2 Contract Total Part A - Newport Pass Road Part B - Zahn Road 1. Preliminary Phase $0 $0 $0 $0 2. Design Phase $66,135 $16,150 $20,500 $14,000 $116,785 3. Bid Phase $2,750 $0 $2,000 $2,000 $6,750 4. Construction Administration Phase (Time & Materials) $1,250 $0 $2,450 $1,250 $4,950 Subtotal Basic Services Fees $70,135 $16,150 $24,950 $17,250 $128,485 Additional Services Fees (Allowance) 1. Permit Preparation $1,800 $0 $4,750 $2,000 $8,550 2. ROW Acquisition Survey $0 $0 $0 $0 $0 3. Topographic Survey and Parcel Descriptions* $0 $0 $5,250 $4,000 $9,250 4. Environmental Issues* TBD TBD TBD TBD TBD 5. Public Involvement* $0 $0 $0 $0 $0 6. Subsurface Utility Investigation $0 $0 $0 $0 $0 7. Construction Observation Services TBD TBD $0 $0 $0 8. Warranty Phase TBD TBD TBD TBD TBD 9. Franchise Utility Coordination $0 $0 $0 $0 $0 10. Hydraulic and Hydrologic Modeling and Analysis $1,000 $0 $0 $0 $1,000 11. Traffic Control Planning and Design $1,000 $0 $750 $400 $2,150 Sub-Total Additional Services Fees Authorized $3,800 $0 $10,750 $6,400 $20,950 Total Authorized Fee $73,935 $16,150 Amendment No. 2 - Part A & B Subtotals $35,700 $23,650 Total Authorized Fee (Amendment No. 2) $59,350 Contract Total $73,935 $90,085 $149,435 *Additional Services requested to be authorized. 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). ▪ m ✓ x cQ CD o - W 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% $9,997.00 23.1% Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal’s time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other – specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other – specify: Add additional subconsultants as needed. 1 Rev 04/17 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, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 2 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 3 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. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 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 Article 13 – 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 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – 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.B 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 Project No: 18070A 1 PM/LH Legistar No.: 18-1293 Rev. 2 – 10/18/2018 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 30, 2018 Action Item for the City Council Meeting of November 13, 2018 DATE:October 12, 2018 TO:Keith Selman, Interim City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 CAPTION: Motion to authorize execution of Amendment No. 1 to a contract for professional services with Alan Plummer Associates, Inc. of Corpus Christi, Texas in the amount of $339,895 for a total restated fee of $389,595for the Greenwood Wastewater Treatment Plant Flood Mitigation project. PURPOSE: This amendment provides for preliminary engineering services to determine the most cost effective and sustainable flood mitigation strategy to protect the Greenwood Wastewater Treatment Plant from flooding during major storm events. BACKGROUND AND FINDINGS: The Greenwood Wastewater Treatment Plant (WWTP) was constructed in 1957 adjacent to La Volla Creek. During major storm events, the plant experiences damages to equipment forcing treatment units to be shut down. The initial small engineering contract provided a preliminary evaluation of soils being excavated in the La Volla drainage improvement project to determine if the soil could be used for levee Professional Services Contract Amendment No. 1 Greenwood Wastewater Treatment Plant Flood Mitigation (Capital Improvement Program) Project No: 18070A 2 PM/LH Legistar No.: 18-1293 Rev. 2 – 10/18/2018 construction. This contract amendment will use the soil report and other data to prepare preliminary design with various flood protection strategies to determine the most cost-effective and sustainable alternative. The scope includes assessing existing and future plant structures and systems for susceptibility of damages from flooding. Scope also includes evaluating extending the existing Greenwood WWTP effluent discharge outfall from La Volla Creek directly to Oso Creek. This project is being coordinated with four major projects at Greenwood WWTP. The three additional projects are summarized below: 1. UV System improvements – Under design 2. Headworks Rehabilitation – Under design 3. Process Improvements – Under preliminary design for a future CIP project to convert Greenwood WWTP from Anaerobic to Aerobic to match the other five existing WWTP’s A future amendment is anticipated that will require City Council approval to prepare construction plans and specifications for bidding and construction for the recommended alternative. ALTERNATIVES: 1.Authorize execution of Amendment. (Recommended) 2.Do not authorize execution of Amendment. (Not Recommended) OTHER CONSIDERATIONS: APAI was selected for this project through Request for Qualifications No. 2017-03. CONFORMITY TO CITY POLICY: Complies with statutory requirements for professional services contracts. Conforms to FY 2018- 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: □Operating □ Revenue X Capital □ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 1,500,000 7,900,000 9,400,000 Encumbered / Expended Amount 49,700 49,700 This item 339,895 339,895 Future Anticipated Expenditures This Project 663,000 663,000 BALANCE 447,405 7,900,000 8,347,405 Project No: 18070A 3 PM/LH Legistar No.: 18-1293 Rev. 2 – 10/18/2018 Fund(s): Wastewater CIP No. 6. RECOMMENDATION: City staff recommends approval of Amendment No. 1 to a professional services contract with Alan Plummer Associates, Inc. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Amendment No. 1 PROJECT FUNDS AVAILABLE: Wastewater Capital Improvement Funds……………………………………………………………………………………..9,400,000 TOTAL FUNDS AVAILABLE ..9,400,000 FUNDS REQUIRED: Construction and Contingency Fees:…………………….…………………………………………………………………………………….TBD Construction (Estimtate) ………………………………..……………………………………………………………………..TBD Contingency (10%)……………...……………………………………………………………………………………………………………………….TBD Construction Inspection and Testing Fees :………………………………….……………………………………………………TBD Construction Inspection (Estimate)…………………………………………..……………………………………………TBD Testing Services (Estimate)…...………………..……………………………………………………………………………….TBD Design and Survey Fees:…………………………………………………………………………………………..627,595 Preliminary Design (Alan Plummer Associates, Inc.) Amendment No. 1 (THIS ITEM) . .339,895 Preliminary Design (Alan Plummer Associates, Inc.) ….…………………………………………………………………………………………………….49,700 Topographic Survey (TBD)…………………………………………………………………………... 238,000 Reimbursements:…………………………………………………………………………………………………………...…………..425,000 Contract Administration (Eng. Svcs Admin/Finance/Capital Budget)……………………………………………………………………………….188,000 Engineering Services (Project Mgt)………………………………………………………………………………..235,000 Misc. (Printing, Advertising, etc.)………………………………………………………………………………………………………..2,000 TOTAL 1,052,595 ESTIMATED PROJECT BUDGET BALANCE 8,347,405 Greenwood Wastewater Treatment Plant PROJECT BUDGET ESTIMATE (Capital Improvement Program) Flood Mitigation 37 181 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES N Greenwood Wastewater Treatment Plant Flood Mitigation Project Number: 18070ALOCATION MAP NOT TO SCALE PROJECT LOCATION Council Presentation October 30, 2018 Greenwood Wastewater Treatment Plant Flood Mitigation 1 2 Project Location 3 Project Vicinity 4 Project Scope This provides for development and evaluation of various flood protection strategies for Greenwood WWTP to determine the most cost-effective and sustainable alternative. The scope includes: - Assessing existing and future plant structures and systems that are susceptible to damages from flooding - Evaluation for extending the existing Greenwood WWTP effluent discharge outfall from La Volla Creek directly to the Oso Creek - Evaluation of alternative strategies such as floodwall, levee or flood proofing individual structures 5 Project Schedule Project Preliminary Design Estimate: 133 days 5 months Projected Schedule reflects City Council award in October 2018 with preliminary design completion in March 2019. OCT NOV DEC JAN FEB MAR 20192018 Preliminary Design 6 Questions? Greenwood Wastewater Treatment Plant Contract for Professional Services Page 1 of 11 CITY OF CORPUS CHRISTI CONTRACT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18070A - Greenwood Wastewater Treatment Plant Facility Flood Mitigation The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Alan Plummer Associates, Inc., a Texas corporation, 5934 South Staples Street, Suite 220, Corpus Christi, Nueces County, Texas 78413, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL .......................................................................3 ARTICLE III COMPENSATION ............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS ......................................................5 ARTICLE VII INDEMNIFICATION .........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES .............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS ...................................................9 EXHIBITS Contract for Professional Services Page 2 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 and A- 1. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Contract for Professional Services Page 3 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 $339,895.00 for a total amount not to exceed $389,595.00 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. 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 4 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 BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and approved by City. Final billing shall indicate “Final Bill – no additional compensation is due to Consultant.” 3.9 City may withhold compensation to such extent as may be necessary, in City’s opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant’s work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work 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 ____ years beginning on the Effective Date. The Agreement may be renewed for up to _____ one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 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 5 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 W ork 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 6 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 7 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 8 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 9 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 contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a proven wrong for which the other Party is claimed to be responsible. 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result from any dispute between the parties to this Agreement. 12.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY’S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. ARTICLE XIII – MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. 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 10 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. Contract for Professional Services Page 11 of 11 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant’s Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI ALAN PLUMMER ASSOCIATES, INC. ____________________________________ _____________________________________ Jeff H. Edmonds, P.E. Date Rex H. Hunt, P.E. Date Director of Engineering Services Principal 5934 South Staples Street, Suite 220 Corpus Christi, TX 78413 (361) 356-8412 Office rhunt@apaienv.com APPROVED ____________________________________ Assistant City Attorney Date ATTEST ____________________________________ City Secretary Date Fund Name Accounting Unit Account No. Activity No. Amount Wastewater 2012A CIP 4248-042 550950 18070-A-4248-EXP $339,895.00 Total $339,895.00 October 11, 2018 Agreement for Professional Services APAI Project No.: 2017-152-01 Alan Plummer Associates, Inc. A-1 Exhibit “A” CITY of Corpus Christi, Texas Greenwood Wastewater Treatment Plant Facility Flood Mitigation Project No. 18070A Scope of Services Project Description The City of Corpus Christi (CITY) has experienced flooding at the Greenwood Wastewater Treatment Plant (WWTP) in the past, which has caused damage to treatment units and equipment within the WWTP. The CITY would like to have cost-efficient improvements made to the plant to mitigate flooding of the plant caused by La Volla Creek. Two options – a barrier wall (levee and/or floodwall) or flood-proofing individual structures – will be investigated and compared to find the best option for the City. Once selected, the chosen option will be designed in detail in preparation for advertisement and construction. BASIC SERVICES A.Conceptual Design Phase 1.0 Project Coordination and Meetings 1.1 Project Kickoff Meeting: Conduct a Project Kickoff Meeting at the beginning of the Conceptual Design Phase with the CITY. Consult with the CITY to clarify and define the CITY’s requirements for the Project and review scope and schedule of the project and critical project milestones. ENGINEER shall prepare and present the following at the kickoff meeting: a.ENGINEER shall present an overview of work to be completed including the two main flood mitigation options that will be investigated, the pump station concepts, and the discharge options. b.Draft Project Management Plan (PMP) including critical success and project risk factors. c.Project Baseline Schedule showing key milestones. d.With input from CITY, establish project goals, constraints, potential project phasing, performance criteria, risk, service life, and other parameters that will serve as the basis of design and assessment of project alternatives. 1.2 Progress Meeting: Engineer coordinate, prepare for, and conduct one (1) progress meetings with the CITY to review progress on the draft Conceptual Plan Report. The meeting shall take place at the CITY’s engineering office. Engineer shall prepare an agenda for the meeting, moderate the meeting, and prepare/distribute meeting notes. 1.3 Review Meeting: Engineer coordinate, prepare for, and conduct one (1) review meeting on the draft Conceptual Plan Report with the CITY to receive CITY comments on the deliverable. The meeting shall take place at the CITY’s engineering office. Engineer shall prepare an agenda for the meeting, moderate the meetings, Exhibit A Page 1 of 9 Agreement for Professional Services APAI Project No.: 2017-152-01 Alan Plummer Associates, Inc. A-2 and prepare/distribute meeting notes. An updated project schedule will be presented at each review meeting. 1.4 Project Management: Provide project management for Tasks 1.0 through 4.0. Project management shall include, but not be limited to developing and implementing a project management plan; tracking and managing internal schedules of work; monitoring and addressing issues related to the scope of work, budget and deliverables; preparing and processing monthly billings; providing labor resources necessary to fulfill scoped work; and scheduling and participating in quality control reviews. a.ENGINEER shall coordinate design efforts on project tasks identified below. b.ENGINEER shall prepare a common monthly invoice for all services. 1.5 Deliverables: a.Draft and Final PMP b.Work Plan Summary c.Project Baseline Schedule d.Draft and Final Meeting Notes e.Monthly Invoices 2.0 Conceptual Geotechnical Assessment 2.1 Gather, compile and review readily-available existing geotechnical data such as previous geotechnical investigations performed at the WWTP and geological and soil survey maps available from public sources. 2.2 Identify Geotechnical Parameters for Flood Protection Structures – In coordination with Task 3.3 below, identify preliminary geotechnical parameters that are relevant to the flood protection concepts. 2.3 Identify Geotechnical Parameters for Effluent and Stormwater Pump Stations – In coordination with Task 3.4 below, identify preliminary geotechnical parameters that are relevant to the effluent and stormwater pump station concepts. 2.4 Cursory Geotechnical Evaluation of Existing Facilities – In coordination with Task 3.6, perform cursory-level geotechnical evaluations to assist with development of the alternatives. These evaluations will rely on site observations performed by ENGINEER during the site visit under Task 1.2 and historical record drawings provided by CITY. 2.5 Identify data gaps – Based on the results of Tasks 2.1 through 2.4, identify geotechnical data gaps and provide recommendations for additional data collection and geotechnical investigation. These recommendations will be summarized in the Data Collection and Laboratory Testing Plan described under Task 2.6. 2.6 Prepare Data Collection and Laboratory Testing Plan – Based on the results of Tasks 2.0 and 3.0, develop a geotechnical sampling and testing plan. The plan will outline ENGINGEERS recommendations for the locations and number of borings, and associated laboratory testing, for detailed design of the flood protection and interior drainage improvement concepts that are carried forward for more detailed engineering evaluations under Detailed Design Phase. The plan will be available for Exhibit A Page 2 of 9 Agreement for Professional Services APAI Project No.: 2017-152-01 Alan Plummer Associates, Inc. A-3 use by the City in engaging a third-party geotechnical consultant for obtaining the field borings, performing laboratory testing, and providing a geotechnical report summarizing the field sampling and laboratory testing. The data Collection and Laboratory Testing Plan will be provided to CITY in draft form for review. Based on review comments provided by the CITY, finalize the Data Collection and Laboratory Testing Plan and resubmit it to APAI. 3.0 Conceptual Flood Protection and Interior Drainage Alternatives Assessment 3.1 Perform field investigation as required to define specific areas of demolition and new work, equipment, locations, tie-in point, and other applicable parameters required. 3.2 Describe the potential methods listed below for improved flood protection and interior drainage (including combinations of different methods): a.Perimeter Barrier (e.g. levee or floodwall) with Pump Station(s) and interior drainage improvements 1.Evaluate both a levee and floodwall option, or a combination, for the perimeter of the existing plant. 2.Develop Preliminary Cross-Sectional Geometry for Flood Protection Concepts – Develop cursory recommendations for cross-sectional geometry (e.g. levee or floodwall height, width, slope, footprint area, etc.). Recommended cross sections will be provided as schematic figures prepared in PowerPoint. b.Develop alternative for flood proofing individual structures if levee or flood wall is not feasible. 3.3 For each of the alternatives, prepare the following information based on a 500yr storm event: a.Perform preliminary two-dimensional hydraulic modeling for relative comparisons of the alternatives in terms of their potential for adverse adjacent flooding impacts, effectiveness of proposed interior drainage measures, and potential flood zone alterations. Results will be applied to gain insight on the level of FEMA flood map revisions that may be associated with each alternative. b.Characterize the approximate encroachment within the floodplain, associated mitigation footprint, and offset excavation volume (as applicable) c.Perform analysis to compare and contrast the alternatives in terms of wave run- up, wave impact loading, and the need for scour or erosion protection. d.Based on the results of Task 2.0, evaluate geotechnical considerations such as slope stability, seepage, and settlement. e.Develop refined cross-sectional geometry. f.Evaluate existing interior drainage patterns, determine stormwater pump station location and prepare storm drain piping plan. g.Develop preliminary opinion of probable construction costs (OPCC) for flood protection options. 3.4 Compare the alternatives in terms of non-cost factors including footprint, alignment, access/maneuverability issues, mitigation, wave action effects, and regulatory implications. Recommend one of the alternatives for Detailed Design. Exhibit A Page 3 of 9 Agreement for Professional Services APAI Project No.: 2017-152-01 Alan Plummer Associates, Inc. A-4 3.5 Evaluate and make recommendations for protecting La Volla Creek side slopes adjacent to the Plant. 3.6 Evaluate potential sources for grant funding for flood resiliency and flood mitigation. 3.7 Evaluate potential impacts on the TPDES permit of making modifications to the plant to accommodate proposed flood-proofing methods including potentially moving the outfall location. 3.8 Prepare a draft report to summarize results of the alternatives assessment and provide recommendations for proceeding to detailed design, including recommendations for hydraulic modeling and data collection. Incorporate CITY review comments into Final Conceptual Design Report. 3.9 Identify environmental permits required for Detailed Design coordination and state and federal agency coordination. Prepare supporting environmental documents and Site Specific Section 404 of the CWA Permit application 3.10 Deliverables: a.Conceptual Design Report for Flood Mitigation b.Data Collection and Laboratory Testing Plan c.Environmental Permit Requirement Tech Memo. B.SUPPLEMENTARY SERVICES 1.1 Permitting: Prepare and submit permits that are not in Basic Services as applicable to the appropriate local, state and federal authorities, including, but not limited to: a.Temporary Discharge Permit b.Texas Historical Commission c.U.S. Fish and Wildlife Service d.U.S. EPA e.Texas Department of License and Regulation 1.2 Environmental Assessments 1.3 Water Quality Modeling: a.Contact TCEQ to obtain the most recent water quality models of Oso Creek and review the underlying assumptions and parameters of the models. b.Run the model based on the obtained data and asses results. c.Evaluate the potential alternate outfall location on Oso Creek downstream of the confluence with La Volla Creek and identify potential permit limits at the alternate outfall for the following discharge flow rates: 1.8 MGD (Interim Phase I) 2.12 MGD (Interim Phase II) 3.16 MGD (Final Phase) 4.Two potential discharge flow rates for future plant expansion (selected by City). d. Evaluate the potential impacts on the permit limits if Oso Creek (TCEQ Segment 2485A) were reclassified from a tidal segment to a freshwater segment. Reclassification of Oso Creek may increase the DO standard from 4.0 to 5.0 mg/L. Exhibit A Page 4 of 9 Agreement for Professional Services APAI Project No.: 2017-152-01 Alan Plummer Associates, Inc. A-5 e.Summarize findings in a draft technical memorandum to describe model findings and potential permit limits fort the alternate outfall. f.Present the model findings to the City and, if needed any approved by the City, to the TCEQ via conference call. g.Develop an Opinion of Probable Cost for the new outfall line to Oso Creek. C. SCHEDULE SCHEDULE FOR BASIC SERVICES Submittal Delivery Schedule Progress Meeting (1) 4 weeks after project kickoff meeting Submittal of draft Conceptual Design Report for Flood Mitigation 11 weeks after project kickoff meeting Review Meeting 2 weeks after Submittal of draft Conceptual Design Report Submittal of Final Conceptual Design Report for Flood Mitigation 2 weeks after review meeting D.FEE The CITY will pay the ENGINEER a fixed fee for providing for all “Basic Services” authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section A above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided in Section A, ENGINEER will submit monthly statements for basic services rendered. In Section A, the statement will be based upon ENGINEER’s estimate (and CITY concurrence) of the proportion of the total services actually completed at the time of billing. CITY will make prompt monthly payments in response to ENGINEER’s monthly statements. Summary of Fees TOTAL BASIC SERVICES FEE $254,698 SUPPLEMENTARY SERVICES FEE $85,157 TOTAL FEE (BASIC) $339,895 E.ADDITIONAL SERVICES Various ADDITIONAL SERVICES incidental to the Project, but not within the scope of the Basic Engineering Services covered, which may be performed or arranged for separately by the CITY, or may be added to the Engineer’s responsibilities by mutual agreement and written authorization, include, but are not necessarily limited to, the following: A.Site Surveying For Design Exhibit A Page 5 of 9 Agreement for Professional Services APAI Project No.: 2017-152-01 Alan Plummer Associates, Inc. A-6 1.Provide surveying services to obtain all field information needed for design including topographic survey, staking of boring locations, and property boundary surveys. Provide horizontal and vertical locations of existing improvements and physical features including fences, property lines, roads, bridges, drainage structures, existing utilities, and railroads reasonably expected to be affected by PROJECT. Provide general locations for large trees, brush and wooded areas. 2.Provide survey notes with clear location descriptions of benchmarks and horizontal control points. 3.Construction staking, if desired by the CITY, will be provided as a SPECIAL SERVICE. B.Preselection of Equipment 1.Preselection Documents a.Provide bid documents for separate advertisement and preselection of up to f ive (5) key process equipment items. It is anticipated that the oxygen injection equipment, vortex grit removal equipment, grit pumps, grit classification equipment, and grit basin odor control system will be bid separately, then equipment bids assigned to the successful general contractor. 2.Review and Bid a.Submit draft preselection documents electronically for CITY review. Upon receipt of comments, provide twenty (20) total final copies for CITY and reviewing entities. b.Participate in up to four (4) meetings with equipment vendors during equipment bid process. c.Assist CITY with receipt, evaluation, and recommendation of award for equipment bids. C.Resident Project Representative 1.Provide a Resident Project Representative (RPR) to assist in observing construction progress and quality of work as required by the CITY as follows: 2.RPR Duties and Responsibilities a.Through observations of Contractor’s work in progress and field checks of materials and equipment, the RPR shall endeavor to provide further protection for the CITY against defects and deficiencies in the work. RPR shall not, during such visits or as a result of such observations of Contractors work in progress, supervise, direct, or have control over the Contractor’s Work nor shall RPR have authority over or responsibility for the means, methods, techniques, sequences, or procedures selected by Contractor. b.The duties and responsibilities of the RPR are limited to those of the consultant engineer/architect in the Agreement with the CITY and in the Contract Documents, and are further described as follows: c.General: RPR is Engineer’s agent at the site, will act as directed by and under the supervision of the Engineer, and will confer with the Engineer regarding RPR’s actions. RPR’s dealings in matters pertaining to the Contractors work in Exhibit A Page 6 of 9 Agreement for Professional Services APAI Project No.: 2017-152-01 Alan Plummer Associates, Inc. A-7 progress shall in general be with Engineer and Contractor, keeping the CITY advised as required. RPR shall communicate with CITY with the knowledge of and under the direction of the Engineer. d.Conference and Meetings: Attend meetings with Contractor, such as preconstruction conferences, progress meetings, job conferences and other project-related meetings, and prepare and circulate copies of minutes thereof. e.Liaison: Serve as Engineer’s liaison with Contractor, working principally through Contractors superintendent and assist in understanding the intent of the Contract Documents. f.Interpretation of Contract Documents: Report to Engineer when clarifications and interpretations of the Contract Documents are needed and transmit to Contractor clarifications and interpretations as issued by Engineer. g.Shop Drawings and Samples: 1)Record date of receipt of samples and approved Shop Drawings. 2)Receive samples which are furnished at the Site by Contractor and notify Engineer of availability of Samples for examination. 3)Advise Engineer and Contractor of the commencement of any portion of the Work requiring a Shop Drawing or sample submittal for which RPR believes that the submittal has not been approved by the Engineer. h.Review of Work and Rejection of Defective Work: 1)Conduct on-Site observations of Contractor’s work in progress to assist in determining if the Work is in general proceeding in accordance with the Contract Documents. 2)Report whenever EPR believes that any part of Contractors work in progress will not produce a completed Project that conforms generally to the Contract Documents or will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents, or has been damaged, or does not meet the requirements of any inspection, test or approval required to be made; and advise Engineer and CITY of that part of work in progress that PR believes should be corrected or rejected or should be uncovered for observation, or requires special testing, inspection or approval. i.Records: 1)Maintain orderly files for correspondence, reports of job conferences, reproductions of original Contract Documents including all Change Orders, Field Orders, Work Change Directives, Addenda, additional Drawings issued subsequent to the Contract, Engineer’s clarifications and interpretations of the Contract Documents, progress reports, Shop Drawing and Sample submittals received from and delivered to Contractor, and other Project related documents. 2) Prepare a daily report or keep a diary or log book, recording Contractor’s hours on the Site, weather conditions, data relative to questions of Change Orders, Field Orders, Work Change Directives, or changed conditions, Site visitors, daily activities, decisions, observations in general, and specific observations in more detail as in the case of observing test procedures; and send copies to Engineer. j.Reports: 1)Furnish to Engineer periodic reports as required of progress of the Work and of Contractors compliance with the progress schedule and schedule of Shop Drawing and Sample submittals. Exhibit A Page 7 of 9 Agreement for Professional Services APAI Project No.: 2017-152-01 Alan Plummer Associates, Inc. A-8 2)Report immediately to the CITY and Engineer the occurrence of any Site accidents, any Hazardous Environmental Conditions, emergencies, or acts of God endangering the Work, and property damaged by fire or other causes. k.Completion: 1)Before Engineer issues a Certificate of Completion, submit to Contractor a list of observed items requiring completion or correction. 2)Observe whether Contractor has arranged for inspections required by Laws and Regulations, including but not limited to those to be performed by public agencies having jurisdiction over the Work. 3)Participate in a final inspection in the company of Engineer, the CITY, and Contractor and prepare a final list of items to be completed or corrected. 4)Observe whether all items on final list have been completed or corrected and make recommendations to Engineer and CITY concerning completion and issuance of the recommendation of Notice of Acceptability of the Work to the CITY. 3.Resident Project Representative shall not: a.Authorize any deviation from the Contract Documents or substitutions of materials or equipment (including “or-equal” items). b.Exceed limitations of Engineer’s authority as set forth in the Agreement or the Contract Documents. c.Undertake any of the responsibilities of Contractor, subcontractors, suppliers, or Contractor’s superintendent. d.Advise on, issue directions relative to or assume control over any aspect of the means, methods, techniques, sequences or procedures of Contractor’s work unless such advice or directions are specifically required by the Contract Documents. e.Advise on, issue directions regarding, or assume control over safety precautions and programs in connection with the activities or operations of the CITY or Contractor. f.Participate in specialized field or laboratory tests or inspections conducted off- site by others except as specifically authorized by Engineer and CITY. g.Accept Shop Drawing or Sample submittals from anyone other than Contractor. h.Authorize the CITY to occupy the Project in whole or in part. 4.CITY Operating Departments (Water, Wastewater, Storm Water, Gas) may send respective representatives to observe the work. RPR to coordinate with Operating Department Representatives and adhere to any requests, requirements, comments, or procedures as it affects the work. D.O&M Manual: 1.Prepare an Operation and Maintenance (O&M) Manual for the PROJECT in electronic format delivered on CDROM. Specific services to be performed by the ENGINEER will be to prepare the manual in a format to be decided at a later date. E.Warranty Assistance 1.Provide forty (40) hours of office and on-site consulting concerning the follow-up of Contractor and equipment warranty items during the construction warranty period. Exhibit A Page 8 of 9 Agreement for Professional Services APAI Project No.: 2017-152-01 Alan Plummer Associates, Inc. A-9 One month prior to the end of the construction warranty period, conduct a site visit and document all warranty items and assist in the coordination of the repairs/replacement of the defective work. F.Other Additional Services: 1.Other services not included in Basic Services that are approved by the CITY. 2.Electrical Master Plan to summarize power demand from all the projects in progress and plan for additional power supply to Greenwood WWTF. 3.Design additional pumping capacity for the Influent Raw Wastewater Pump Station and peak flow storage to address overflows at the pump station. 4. Additional site visits for Investigation beyond those provided above. 5.Additional site visits for meetings or inspections beyond those provided above. 6.Labor and Analytical costs associated with condition assessment of the existing pipelines and/or structures. 7.Labor and Analytical costs associated with water quality sampling, not included above. 8.GIS processing of geophysical and/or geotechnical data beyond the assumptions provided above. 9.Preparing applications and supporting documents for grants, loans, or planning advances for providing data for detailed applications. 10.Providing additional copies of reports, plans, specifications, and contract documents beyond those specifically described above. 11.Preparing environmental assessments, environmental information documents, or environmental impact statements, traffic control plans, and storm water discharge permits, except as specifically included above. 12.Appearing before regulatory agencies or courts as an expert witness in any litigation with third parties other than condemnation proceedings arising from the development or construction of the Project, including the preparation of engineering data and reports for assistance to the CITY. 13. Payment of fees for permit applications and publication(s) of notices. 14.Public relation activities and consulting services. 15.Services known to be required for completion of the Project that the CITY agrees are to be furnished by the Engineer or by a sub-consultant that cannot be defined sufficiently at this time to establish the maximum compensation. Exhibit A Page 9 of 9 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). ▪ m ✓ x cQ CD o - W 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% $9,997.00 23.1% Exhibit B-1 Confidential Rate Sheet Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal’s time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE ($/hr) TX REGISTRATION #: Project Consultant: CAD Technician: Clerical: Other – specify: SUBCONSULTANT(S): (firm) Principal(s): Project Consultant: CAD Technician: Clerical Other – specify: Add additional subconsultants as needed. 1 Rev 04/17 Exhibit C Page 1 of 2 EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting 2 Rev 04/17 Exhibit C Page 2 of 2 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 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT “E” Page 1 of 2 SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following 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: P. O. BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner 4.Association 5.Other____________________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest” constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known)N/A 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name TitleN/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 CommitteeN/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 Alan Plummer Associates, Inc. 5934 South Staples Street, Suite 220 Corpus Christi 78413 X EXHIBIT “E” Page 2 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 Person: Date: 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. Rex Hunt Principal October 11, 2018 Project No.: E12206 1 PM/LH Legistar No.: 18-1301 Rev. 2 – 10/15/18 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 30, 2018 Action Item for the City Council Meeting of November 13, 2018 DATE:October 15, 2018 TO:Keith Selman, Interim City Manager THRU:Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM:Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Dan Grimsbo, Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 CAPTION: Motion to authorize execution of Change Order No. 1 with CSA Construction Inc., of Houston, TX in the amount of $381,427 for a total restated fee of $23,246,967 for the Oso Water Reclamation Plant Headworks and Lift Station project. PURPOSE: This change order provides for urgently needed work at the Oso and the Laguna Madre Wastewater Treatment Plants (WWTP’s). Adding this work to the ongoing Oso Water Reclamation Plant Headworks and Lift Station construction project is the most expeditious and cost-effective option. BACKGROUND AND FINDINGS: On January 9, 2018, City Council awarded the Oso WWTP headwork’s and lift station project. During construction, the structural condition of catwalks at the Oso WWTP were determined to be near failure and presented potential hazards to city staff and contractors. Additionally, during the design of a major Laguna Madre WWTP rehab project, it was determined that the severe Construction Contract Change Order No. 1 Oso Water Reclamation Plant Headworks and Lift Station (CIP) Project No.: E12206 2 PM/LH Legistar No.: 18-1301 Rev. 2 – 10/15/18 deterioration of the digester piping at the Laguna Madre WWTP is near critical failure. The degraded piping requires constant repair and excessive chemical treatment of effluent to meet discharge permit requirements. This change order provides structural renovations for Oso WWTP catwalk and replacement of Laguna Madre WWTP digester piping. CSA Construction is already performing similar work and therefore it is cost effective to bundle both elements of work in this change order. This change order of $381,427 represents a total change of 1.67% of the original contract amount. ALTERNATIVES: 1.Authorize execution of the Change Order. (Recommended) 2.Do not authorize execution of the Change Order. (Not Recommended) OTHER CONSIDERATIONS: (Optional) CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contracts and change orders. Conforms to FY 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 16,477,256 13,770,644 8,000,000 38,247,900 Encumbered / Expended Amount 16,177,256 16,177,256 This item 381,427 381,427 Future Anticipated Expenditures This Project 13,689,217 6,935,145 20,624,362 BALANCE 0 0 1,064,855 1,064,855 Fund(s): Wastewater CIP RECOMMENDATION: Staff recommends the approval of Change Order No. 1 with CSA Construction, Inc. Project No.: E12206 3 PM/LH Legistar No.: 18-1301 Rev. 2 – 10/15/18 LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Change Order PROJECT BUDGET ESTIMATE FUNDS AVAILABLE: Wastewater CIP………………………………………………………………………………………………………………….$30,247,900 Future Wastewater CIP…………………………………………………………………………………………………………8,000,000 TOTAL FUNDS AVAILABLE .$38,247,900 FUNDS REQUIRED: Construction and Contingency Fees……………………………………………………………………………………………………………………25,152,094 Construction (CSA Construction, Inc.) ……………………………………………………………22,865,540 Change Order #1 (CSA Construction, Inc.) THIS CONTRACT 381,427 Contingency (10%)……………………………………………………………………………………………………………………1,905,127 Construction Testing and Inspection Fees:………………………………………………………………..874,885 Construction Material Testing Agreement……………………………………………….109,927 Construction Inspection Estimate………………………………………………………764,958 Design Fees:………………………………………………………………………………………………………………..9,998,629 **Original (LNV, Inc.)……...……...…………………………………………………….9,998,629 Amendment No. 1 (LNV, Inc.)…………………………………………………………..0 Amendment No. 2 (LNV, Inc.)…………………………………………………………..0 Amendment No. 3 (LNV, Inc.)…………………………………………………………..0 Amendment No. 4 (LNV, Inc.)…………………………………………………………..0 Amendment No. 5 (LNV, Inc.)…………………………………………………………..0 Reimbursements and Miscellaneous Fees:………………………………………………………………………………………………………….1,157,437 Contract Administration (Engineering Svcs Admin/Capital Budget/Finance)……………………….382,479 Engineering Services (Project Mgmt/Constr Mgmt)………………………………………………………………………….764,958 Misc…………………………………………………………………………………………………………………………….10,000 TOTAL $37,183,045 ESTIMATED PROJECT BUDGET BALANCE $1,064,855 *Testing services will be executed as a Task Order under future Master Service Agreement **Contract approved by City Council on June 11, 2013 by Motion No. M2013-102 Oso Water Reclamation Plant Headworks and Lift Station 37 181 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Project Location Oso Water Reclamation Plant Headworks & Lift Station Project Number: E12206 LOCATION MAP NOT TO SCALE Project Location Council Presentation October 30, 2018 Oso Water Reclamation Plant Headworks and Lift Station Change Order #1 1 2 Project Location 3 Change Order Scope OSO WWTP Provide critical structural renovations to the catwalks to eliminate potential hazard to city and contractor personnel. Laguna Madre WWTP Replace critical air piping to reduce operational cost and improve the water treatment process. 4 Oso WWTP Catwalk 5 Laguna Madre WWTP Air Piping 6 Laguna Madre WWTP Air Piping 7 Project Schedule Projected Schedule reflects City Council Change Order No. 1 award in October 2018 with work complete in January 2019. Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 20202019 Construction CO No.1 2018 8 Questions ? CHANGE ORDER NO:1 CHANGE ORDER DATE: PROJECT:Oso Water Reclamation Plant Headworks & Lift Station PROJECT NUMBER: CONTRACTOR:CSA Construction, Inc.ORIGINAL CONTRACT TIME:730 CD's ENGINEER:LNV Engineering ADDITIONS Quantity Unit Unit Price 1 Laguna Madre Waste Water Treatment Plant - Catwalks 1 LS $ 192,457.00 New Air Pipe & Drops 2 Oso Water Reclamation Plant - Digester Piping 1 LS $ 188,970.00 Walkways/ Beams/ Handrails Additional Calendar Days requested 90 NET TOTAL OF THIS CHANGE ORDER: These types of changes are very hard to avoid when consolidation of existing facilities are being reviewed. Original Contract Amount Previously Approved Change Order Amount Proposed Change Order Amount Revised Contract Amount Percent of Total Change Orders (including this CO) Original Contract Time for Substantial Completion CD's Notice to Proceed Date Original Substantial Completion Date Previously Approved Change Order Time CD's Additional Time on This Change Order CD's Revised Contract Time for Substantial Completion CD's Revised Substantial Completion Date REVIEWED BY:LNV Engineering REQUESTED BY:CSA Construction, Inc. Engineer Date Richard Mayfield Date Vice-President FUND: RECOMMENDED BY:ACCOUNT: Kent Power, P.E.Date ACTIVITY: Acting Construction Engineer RECOMMENDED BY:APPROVED BY: Date Valerie H. Gray, P.E.Date Director of Engineering Services Executive Director of Public Works RECOMMENDED BY:APPROVED BY: Eddie Houlihan, Director Date Mark Van Vleck, P.E.Date Management and Budget Assistant City Manager RECOMMENDED BY:APPROVED BY: Janet Whitehead Date Keith Selman Date City Attorney Interim City Manager 3/4/2020 3/5/2018 730 Jeffrey Edmonds, P.E. CITY OF CORPUS CHRISTI 6/2/2020 820 0 90 n/a 1.67% 23,246,967.00$ How can similar changes be avoided in the future? Total The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. Why was this Change necessary: $ 381,427.00 381,427.00$ -$ 22,865,540.00$ During the design of the Laguna Madre WWTP which was underway when this project started, it was determined that the digester piping was inoperable and required immediate repair and replacement. This change order replaces the air piping and associated appurtenances at Laguna Madre. During construction of this project, Utilities determined that the catwalks at the OSO WRP were near failure and presented potential hazards to the city staff and contractors. This change order addresses the replacement of the catwalks. $ 192,457.00 $ 188,970.00 CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER Make the following additions, modifications or deletions to the work described in the Contract Documents: 10/5/2018 E12206 Page 1 of 1 DATE:October 30, 2018 TO:Keith Selman, Interim City Manager FROM:Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Assistant Director of Financial Services-Purchasing Division KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a one-year service agreement for motor and clutch repairs with Massengale Armature Works Inc. from San Antonio, Texas for a total not to exceed amount of $146,350.00. PURPOSE: This is a motion to approve a service agreement for motor and clutch repair services for the Wastewater Treatment Plants. BACKGROUND AND FINDINGS: The City’s wastewater treatment plants, lift stations, and storm water pump stations have a combined motor inventory of approximately 251 motors of various brands. These motors operate the pumps at various locations throughout the city. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and is recommending the award to the lowest, responsive, responsible bidder, Massengale Armature Works Inc. ALTERNATIVES: Not applicable. Service Agreement for Motor and Clutch Repairs for Utilities-Wastewater AGENDA MEMORANDUM Future Item for the City Council Meeting of October 30, 2018 Action Item for the City Council Meeting of November 13, 2018 OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City’s purchasing policies and procedures and State Statutes regulating procurements. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: Utilities Department FINANCIAL IMPACT: X Operating □Revenue □ Capital □ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $259,500.00 $12,195.83 $271,695.83 Encumbered / Expended Amount $20,000.00 $0.00 $20,000.00 This item $134,154.17 $12,195.83 $146,350.00 BALANCE $105,345.83 $0.00 $105,345.83 Fund(s): Utilities - Wastewater and Storm Water Fund Comments:The contract total is $146,350.00, of which $134,154.17 is funded in FY2018-2019. The remaining cost will be budgeted following fiscal year. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation Item Description Unit Qty Hrly Rate Total Price Hrly Rate Total Price 1 Labor, M-F 8:00 AM- 5:00 PM HRS 300 60.00$ 18,000.00$ 60.00$ 18,000.00$ 2 Labor, Afterhours, Weekends, Holidays HRS 50 90.00$ 4,500.00$ 90.00$ 4,500.00$ 90 Estimated Spend Mark Up(%)Mark Up(%) 3 Parts/Materials $95,000 23%116,850.00$ 25%118,750.00$ 4 Shipping Allowance for parts/materials(includes expedited items)$7,000 7,000.00$ 7,000.00$ 5 Pick up & Delivery Charge EA 40 -$ $60.00 2,400.00$ 146,350.00$ 150,650.00$ City of Corpus Christi Purchasing Division BUYER : Cynthia Perez Bid Tabulation RFB 1772 Motor and Clutch Repairs for Utilities Department Massengale Armature Works C-D Electric Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 SERVICE AGREEMENT NO. 1772 Motor and Clutch Repairs for Utilities Department THIS Motor and Clutch Repairs for Utilities Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Massengale Armature Works (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Motor and Clutch Repairs for Utilities Department in response to Request for Bid/Proposal No. 1772 (“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 Motor and Clutch Repairs for Utilities 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 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 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 $146,350.00, 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 2 of 7 Approved as to Legal Form 12/15/17 Name: Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email: joannam@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. Service Agreement Standard Form Page 3 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 4 of 7 Approved as to Legal Form 12/15/17 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: Contract Administrator Address: 2726 Holly Road, Corpus Christi, TX 78415 Phone: (361) 826-1649 Fax: (361) 826-1715 IF TO CONTRACTOR: Massengale Armature Works Attn: Michael Thompson Title:Sales Manager Address: 1031 Basse Road, San Antonio, Texas 78212 Phone: (210) 732-5168 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, Service Agreement Standard Form Page 5 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 6 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) CONTRACTOR Signature: - %O)cc-_-- Printed Name: i'nrethgtz. Title: so -2.a Ma)./.64'f< Date: /©-y -/8 CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division 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. 1772 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 motor and clutch repairs at Wastewater Treatment Plants, Lift Stations, and Storm Water Pump Stations for the City of Corpus Christi Utilities Department – Wastewater and Storm Water Divisions. This work includes, but is not limited to, all labor, parts/materials, and services necessary for motor and clutch repairs, on an as needed basis as outlined in this Scope of Work. 1.2 Scope of Work A. Repairs 1. The City’s motor inventory for this contract, outlined in Section 4.3, consists of approximately 251 motors of various brands, with HP range from 10-500. Of this inventory, there are approximately 15 motor/clutch configurations. A large percentage of these motors consist of the following brands: TECO Westinghouse, GE, US Motors, Marathon, and Baldor. 2. The Contractor’s work performance for motor and clutch repair will include, but is not limited to, disassembly, inspection, repair, and remanufacturing. 3. Typical motor repairs may include, but are not limited to: stator, bearings, rotor, brushes, brush holder, slip rings, packing gland, strip heater evaluation, bearings, run vibration analysis, balance rotor, check mechanical fits, meg motor, and run motor winding analysis. 4. Typical clutch repairs may include, but are not limited to: rotor, slip rings, shaft, bearings, brushes, mandrel and drum, and balancing of clutch to motor, including vibration analysis. 5. To obtain accurate measurements and for non-destructive evaluation, the Contractor shall clean using steam, grit, or solvent. 6. As repairs are needed, the City will contact the Contractor via email and/or phone. Within twenty-four (24) hours of the City’s notification, the Contractor shall pick up the motor and/or clutch for repair at the line item price entitled Pick-Up & Delivery Charge. Upon completion of the repair, the Contractor shall deliver the motor and/or clutch to the City. 7. The Contractor shall submit a repair estimate for each repair within five (5) business days after receipt of motor or clutch. The repair estimate shall include any noted problems, special conditions, inspection results, conclusion/recommendations, visual findings by drawings or digital photos. 8. The repair estimate shall be submitted electronically in PDF format via email and itemized as follows: a. Estimated repair time, to include delay time for parts/materials. If repair time is expected to exceed ten (10) business days, the Contractor must define the completion time, and outline the reason for delay. Repairs shall be completed within 10 business days of purchase order (PO) receipt. A PO number will be submitted to Contractor via email. b. Shipping costs for parts/materials c. Costs to expedite parts/materials (will be deducted from the shipping allowance), if requested and approved by a City representative. d. List of parts/components to be repaired and/or replaced e. Parts/materials mark-up, if applicable f. Hourly labor costs at rates set by Contract, to include Regular Time, and Overtime (if approved) g. Motor and/or clutch replacement cost – if Contractor deems items not repairable a replacement cost shall be submitted to the Work Coordinator. Replacement of motor and clutch will be bid separately. 9. All parts shall be equivalent to or better than original equipment manufacturer (OEM) standards. 10. The Contractor shall make a reasonable attempt to obtain parts at the lowest possible price. 11. All repairs shall be in accordance with current motor and/or clutch nameplate data and conditions, drawings, standards and/or OEM specification(s). 12. General machine work and/or repair shall consist of, but is not limited to, balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding and fabrication, sand blasting, and coating of motor and/or clutch. 13. After repairs, the motor and/or clutch shall be repainted to manufacturer’s recommendation and specifications, in a color approved by a City representative. 14. Overtime hours must be authorized in writing by a City representative. B. Warranty The Contractor shall provide a minimum 90-day warranty period for reconditioned motors. And, a one-year warranty period for motor rewinds. C. Other Requirements 1. The Contractor’s facilities may be subject to inspection at any time by a City representative. When deemed appropriate, the City reserves the right to use third party inspection services, at the City’s expense. 2. The City reserves the right to inspect the motor and clutch at any time during the repair. 3. The Contractor must be able to provide technical support as may be required by the City. 4. The City reserves the right to audit Contractor’s project costs at any time during the contract term. 5. The City’s equipment in Contractor’s possession must be properly stored and secured at all times. 6. Where applicable, the loading/unloading of motor(s) must be done by Contractor’s personnel. 1.3 Work Site Locations and Motor Inventory-The following locations is where the equipment is located: WWTP # Plant Name Address # of Motors 1 Broadway WWTP 801 Resaca 40 2 Oso WWTP 601 Nile 37 3 Greenwood WWTP 6541 Greenwood Dr. 32 4 Allison WWTP 4101 Allison Dr. 22 5 Laguna Madre WWTP 201 Jester 22 6 Whitecap 13409 Whitecap Blvd. 40 Lift Station # Lift Station Name Address # of Motors 1 Up River Road 12300 Up River Rd. 2 2 Allison 4101 Allison Dr. 3 3 Stillwell 8100 Stillwell Lane 2 4 McBride 1200 McBride Lane 3 5 Lexington 5233 Lear St. 2 6 Brownlee 400 12th St. 3 7 Morgan 810 N. Brownlee Blvd. 2 8 Studebaker 300 Kinney Ave. 2 9 Peoples “T” Head Peoples St. “T” Head 2 10 Lawrence “T” Head 400 S. Shoreline Blvd. 2 11 Schanen 6102 Del Starr Dr. 2 12 Country Club 6300 Everhart 3 13 Wooldridge 6610 Wooldridge Rd. 4 14 Williams 6602 Williams Dr. 5 15 Oso WWTP #1 501 Nile Rd. 2 16 Oso WWTP #2 501 Nile Rd. 4 17 Perry Place Thompson Rd. 2 18 Military & Jester 722 Jester St. 2 19 Laguna Madre WWTP 201 Jester St. 3 20 Aquarius 15000 Aquarius St. 2 SW Pump Station # Pump Station Name Address # of Motors 1 Power St. Pump Station 1218 N. Water St. 3 2 Kinney St. Pump Station 302 S. Water St. 3 1.4 Special Instructions The Contractor’s invoice for payment must contain the following information: 1. Purchase Order (PO) number 2. Location and Address 3. Model and serial number of equipment 4. Description of service 5. Bill of materials 6. The Contractor will be required to attach copies of all invoices for parts/materials (to include % of mark-up, if applicable) for each repair invoice 7. Total hours billed, itemized by position and hourly rate as shown in Contract. 8. Shipping costs at actual cost. 9. Authorizing City Representative 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. Attachment B- Bid Pricing/Schedule _________$4,500.00 _________ Total $146,350.00 Attachment C – Insurance Requirements 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 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 cancellation, non-renewal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 3.In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 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. 5.. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. 8.It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Utilities Motor and Clutch Repair Services 01/17/2018 sw Risk Management Valid Through 12/31/2018 Attachment C – Bond Requirements No bond requirements necessary for this service agreement; Section 5. (B) is null for this service agreement. Attachment D - Warranty Requirements The Contractor shall provide a minimum 90-day warranty period for reconditioned motors, and a one-year warranty period for motor rewinds.