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HomeMy WebLinkAboutAgenda Packet City Council - 11/13/2018City of Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, November 13, 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 Pastor Rob Bailey, Southside Community Church. C. Pledge of Allegiance to the Flag of the United States to be led by Assistant Chief Rick Trevino, Corpus Christi Fire Department. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations 1. 18-1432 Proclamation declaring November 13, 2018, "Corpus Christi Be -the -Match Day" and November 2018, "National Marrow Awareness Month". Proclamation declaring November 13, 2018, "Coastal Bend Day of Giving". Proclamation declaring November 17, 2018, "Corpus Christi Black Chamber of Commerce Day and Celebration with a 75th Anniversary Gala". Proclamation declaring November 17, 2018, "Run the Runway 5K Day". City of Corpus Christi Page 1 Printed on 11/12/2018 City Council Meeting Agenda - Final November 13, 2018 Proclamation declaring November 10-18, 2018, "National Hunger and Homelessness Awareness Week". F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. UTILITY BILLING UPDATE b. STRATEGIC FUTURE ISSUES c. CITY PERFORMANCE REPORT - HOUSING AND COMMUNITY DEVELOPMENT d. OTHER G. MINUTES: 2. 18-1431 Regular Meeting of October 30, 2018. Attachments: Minutes - October 30, 2018 H. BOARD & COMMITTEE APPOINTMENTS: 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 11/12/2018 City Council Meeting Agenda - Final November 13, 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 - 10) 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. 18-1320 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 4. 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 City of Corpus Christi Page 3 Printed on 11/12/2018 City Council Meeting Agenda - Final November 13, 2018 5. 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 Location Map v2 Presentation - Access Roads Amendment No. 2 Govind Development - Beach Access Roads 6. 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 7. 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 City of Corpus Christi Page 4 Printed on 11/12/2018 City Council Meeting Agenda - Final November 13, 2018 8. 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 9. 18-1333 Second Reading Ordinance - Alley Right -of -Way and Easement Closure located between Morgan Avenue and Elizabeth Street and between Ocean Drive and Third Street (1st Reading 10/30/18) 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 10. 18-1332 Second Reading Ordinance - Ordinance authorizing a License Agreement with Christus Spohn Health System Corporation to cross Elizabeth Street with private utilities (Requires 2/3 Vote) (1st Reading 10/30/18) 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 Amended Ordinance with License and Exhibits L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. City of Corpus Christi Page 5 Printed on 11/12/2018 City Council Meeting Agenda - Final November 13, 2018 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEM 11) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 11. 18-1417 Resolution for a Memorandum of Agreement with Nueces County for a Countywide Drainage Study Resolution authorizing the City Manager to enter into a Memorandum of Agreement with Nueces County to pursue countywide drainage study. Attachments: Agenda Memo - City -County drainage study MOA Resolution City -County Drainage Study MOA - Nueces County - Countywide Drainage O. FIRST READING ORDINANCES: (ITEMS 12 - 18) 12. 18-1221 First Reading Ordinance - Type B Grant for LaVista Pointe, LP (Requires 2/3 Vote) Ordinance approving a Business Incentive Agreement between the Corpus Christi B Corporation and LaVista Pointe, LP, to provide a grant of up to $625,000, for infrastructure improvements to enhance economic development; appropriating said funds from the Type B Fund; and amending the budget. Attachments: Agenda Memo - LaVista.docx Ordinance - LaVista.docx LaVista Pointe Agreement.pdf LaVista Pointe economic impact.pdf Presentation - LaVista Pointe 13. 18-1398 First Reading Ordinance - Approving the sale of Creekway Park (Requires 2/3 Vote) Ordinance approving the sale of Creekway Park (7306 Prairie) to Abel Garza, Jr. and Cynthia P. Garza for $85,000. Attachments: Agenda Memo - Sale of Park Land Creekway Ordinance sale of Creekway Park Contract - Creekway - Abel's Paving - 091218 - Signed Presentation Sale of Creekway Park 14. 18-1394 First Reading Ordinance - Texas Municipal Retirement System (TMRS) Annual Repeating Updated Service Credits, Increase in Retirement Annuities and Increased Deposit Rate of 7% (Requires City of Corpus Christi Page 6 Printed on 11/12/2018 City Council Meeting Agenda - Final November 13, 2018 2/3 Vote) Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; to increase the rate of deposits to the Texas Municipal Retirement System by the employees of the City; and establishing an effective date for the ordinance. Attachments: Agenda Memo-TMRS Annual Repeating 2018 Ordinance - TMRS 11.13.18 15. 18-1395 First Reading Ordinance - Supplemental Lease Agreement with U.S. Coast Guard to construct additional parking and storage area and extend the term of the lease at Corpus Christi International Airport (Requires 28 Day Delay) (Requires 2/3 Vote) Ordinance authorizing execution of an amendment to the lease with the U.S. Coast Guard for 1.61 acres at Corpus Christi International Airport to extend the term of the lease up to 20 years at an initial annual rate of $5,610.56 and ratifying language in the lease documents as may be necessary to be consistent with requirements of the U.S. Coast Guard. Attachments: Agenda Memo - USCG Parking Storage Long Term Ordinance - Land Lease Amendment v1 Supplemental Lease Agreement Exhibit A 16. 18-0808 First Reading Ordinance - Amending One -Way Street Designations in the Downtown Area Corpus Christi Code is revised to remove the one-way designation on portions of Starr Street, Peoples Street, Schatzell Street, William Street and John Sartain Street. Attachments: Agenda Memo - Downtown Streets One Way Change Ordinance - One Way Street Amendment Location Map - Downtown Streets One Way Change Vicinity Map - Downtown Streets One Way Change Presentation - Downtown Streets One Way Change 17. 18-1329 First Reading Ordinance - Transfer of Surplus City Properties to the Community Development Corporation of Brownsville (Requires 2/3 Vote) City of Corpus Christi Page 7 Printed on 11/12/2018 City Council Meeting Agenda - Final November 13, 2018 Ordinance approving an Affordable Housing Agreement between the City and Community Development Corporation of Brownsville and authorizing the execution of the Agreement and any other necessary documents to carry out the terms of the Agreement. Attachments: Agenda Memo - CDCB Lot Conveyance Ordinance authorizing conveyance of three lots to CDCB 2018 CDCB Agreement Property Request Letter 18. 18-1370 First Reading Ordinance - Closing of a portion of a utility easement located at 6024 Crosstown State Highway 286 Ordinance abandoning and vacating a 0.300 acre portion of an existing utility easement out of Cabaniss Acres No. 2 Subdivision, Lot 6, located at 6024 Crosstown State Highway 286. Attachments: Agenda Memo - Cabaniss Acres No. 2 Ordinance with Exhibits - Cabaniss Acres No. 2 Presentation - Cabaniss Acres No. 2 P. FUTURE AGENDA ITEMS: (ITEMS 19 - 35) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 19. 18-1386 Approval of a Deferment Agreement for Puerto Los Caballeros (Requires 2/3 Vote) Motion authorizing execution of Deferment Agreement ("Agreement") with Puerto Los Caballeros, LLC ("Developer"), for construction of waterline extension. Attachments: Agenda Memo Developer Signed Deferment Agreement WITH EX Presentation 20. 18-1368 Amendment to Service Agreement for Unified Development Code Updating Services (Requires 2/3 Vote) Motion authorizing an amendment to Service Agreement No. 1820 Unified Development Code Updating Services with Kendig Keast Collaborative of Sugar Land, Texas in the amount of $7,250.00 for a revised total contract price of $53,412.00. Attachments: Agenda Memo - Amendment No 1 - UDC (2) Fully Executed Service Agreement 1820 Amendment No. 1 - UDC City of Corpus Christi Page 8 Printed on 11/12/2018 City Council Meeting Agenda - Final November 13, 2018 COF - Amendment No. 1 - UDC COF budget 18-1368 fund 4670 21. 18-1420 Service Agreement Amendment for Real Estate Brokerage Services for Surplus Properties (Requires 2/3 Vote) Motion to authorize extension and amendment of agreement No. 596 for real estate broker services with The Clower Company at a commission rate of 4.5 percent for an estimated amount of $44,375.00, for a total estimated revised amount of $221,877.50. Attachments: Agenda Memo Amendment Real Estate Broker Extension Signed Amendment - Real Estate Brokerage 2015-463 Real Estate Broker Contract 22. 18-1299 Amendment to Service Agreement for Additional Security Guard Services at O.N. Stevens Water Treatment Plant (Requires 2/3 Vote) Motion authorizing an amendment to Service Agreement No. 830 for additional security guard services at O. N. Stevens Water Treatment Plant with BasE Security and Fire Consultants, LLC, of Rosenberg, Texas, in the amount not to exceed of $208,269.25 for a total revised amount not to exceed $1,968,755.50. Attachments: Agenda Memo - Amendment BasE Security Amendment BaseE Security Executed Service Agreement 10-31-16 COF Support 18-1299 Base Security 23. 18-1336 Purchase of Anti -Cavitation Hytrol Valve for O.N. Stevens Water Treatment Plant (Requires 2/3 Vote) Resolution authorizing the purchase of an anti -cavitation hytrol valve from The Scruggs Company of Houston, Texas for a total amount not to exceed $57,221.59. Attachments: Agenda Memo - Anti -Cavitation Hytrol Valve Resolution Sole Source -Anti-Cavitation Hytrol Valve Price Sheet -Anti-Cavitation Valve - The Scruggs Company 24. 18-1342 Purchase of Rotary Actuators for O.N. Stevens Water Treatment Plant (Requires 2/3 Vote) Resolution authorizing the purchase of rotary actuators for O. N. Stevens Water Treatment Plant from Harold Beck & Sons, Inc. of Newtown, Pennsylvania for a total amount not to exceed $101,741.50. Attachments: Agenda Memo -Rotary Actuators - Beck Resolution - Rotary Actuator - Beck City of Corpus Christi Page 9 Printed on 11/12/2018 City Council Meeting Agenda - Final November 13, 2018 Price Sheet -Rotary Actuator - Beck 25. 18-1305 Supply Agreements for Hot Mix Asphaltic Concrete for Street Operations (Requires 2/3 Vote) Motion authorizing two three-year supply agreements for the purchase of hot mix asphaltic concrete, one with Bay Ltd. and one with HAC Materials, Ltd. both of Corpus Christi, Texas for the total combined amount not to exceed $7,515,516 Bay, Ltd. Corpus Christi, Texas $5,220,516 Primary Supplier HAC Materials, Ltd. Corpus Christi, Texas $2,295,000 Secondary Supplier Attachments: Agenda Memo - Hot Mix Bid Tab - Hot Mix Supply Agreement - Hot Mix - Bay.pdf Supply Agreement - Hot Mix - HAC.pdf 26. 18-1322 Service Agreement Overhead Roll -Up Door Replacements Motion authorizing a service agreement for the replacement of overhead roll -up doors at various locations with Hub City Overhead Door Co., Inc. of Corpus Christi, Texas, for a total amount not to exceed $56,214. Attachments: Agenda Memo -Overhead Roll -Up Door Replacement Bid Tab- Overhead Roll -Up Door Replacement Service Agreement - Overhead Roll -Up Door Replacement for Various Location 27. 18-1364 Service Agreements for Mobile Tire Repairs for Fleet Maintenance (Requires 2/3 Vote) Motion authorizing three one-year service agreements for mobile tire repair with Southern Tire Mart, LLC of Columbia, Mississippi, E.B. Creager Tire & Battery, Inc. of Corpus Christi, Texas, and Joel Gonzalez, dba Gonzalez Tire Service of Corpus Christi, Texas for the total combined amount of $140,000 with a one-year option for a total potential multi-year amount of $280,000. Southern Tire Mart, LLC. Columbia, Mississippi $80,000 E.B. Creager Tire & Battery, Inc. Corpus Christi, Texas $40,000 City of Corpus Christi Page 10 Printed on 11/12/2018 City Council Meeting Agenda - Final November 13, 2018 Gonzalez Tire Service Corpus Christi, Texas $20,000 Attachments: Agenda Memo -Mobile Tire Repair Bid Tab -Mobile Tire Repair.pdf Service Agreement -Southern Tire Mart.pdf Service Agreement-E.B. Creager Service Agreement -Gonzalez Tire Service 28. 18-1389 Amendment No. 1 to a Service Agreement for Billing System Analysis (Requires 2/3 Vote) Motion authorizing an one month amendment to a Service Agreement to continue the billing system analysis and implementation plan to resolve the billing system issues with Peter Collins of Corpus Christi, Texas for a not to exceed value of $32,000, and a revised Agreement total of $64,000. Attachments: Agenda Memo - Billing Analysis Amendment 1 - Billing Analysis Service Agreement 1936 - Billing System Analysis Fully Executed and NTP 29. 18-1357 Resolution Approving the Type B Corporation Guidelines Resolution approving the Corpus Christi B Corporation Guidelines and Criteria for Granting Business Incentives. Attachments: Agenda Memo - Guidelines.docx Resolution - Type B Guidelines.docx Type B Guidelines 2018 Final 30. 18-1344 Renewal of a Type A Grant for Del Mar College Internship Program (Requires 2/3 Vote) Resolution approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide grant up to $150,000 for their internship program. Attachments: Agenda Memo Del Mar.docx Resolution Del Mar.docx Del Mar Intern FY19 Renewal.pdf 31. 18-1345 Renewal of a Type A Grant for Texas A&M University - Corpus Christi Internship Program (Requires 2/3 Vote) Resolution approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development City of Corpus Christi Page 11 Printed on 11/12/2018 City Council Meeting Agenda - Final November 13, 2018 Corporation and Texas A&M University - Corpus Christi (TAMU-CC) to provide grant up to $150,000 for their internship program. Attachments: Agenda Memo TAMU-CC.docx Resolution TAMU-CC.docx Renewal - TAMUCC Intern 09.10.18.pdf 32. 18-1346 Renewal of a Type A Grant for LiftFund, Inc. (Requires 2/3 Vote) Resolution approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund, Inc. to provide a grant up to $250,000. Attachments: Agenda Memo LiftFund.docx Resolution LiftFund.docx LiftFund FY19 Renewal.pdf 33. 18-1347 Renewal of a Type A Grant for Service Corps of Retired Executives (SCORE) Chapter 221 (Requires 2/3 Vote) Resolution approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant up to $52,600. Attachments: Agenda Memo - SCORE.docx Resolution SCORE.docx SCORE FY19 Renewal.pdf 34. 18-1348 Renewal of a Type A Grant for Del Mar Procurement Technical Assistance Center (PTAC) Program (Requires 2/3 Vote) Resolution approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide a grant up to $99,500 for their Procurement Technical Assistance Center. Attachments: Agenda Memo PTAC.docx Resolution PTAC.docx PTAC FY19 Renewal.pdf 35. 18-1416 Resolution Adopting the City of Corpus Christi's State Legislative Priorities for the 86th Texas Legislature and Federal Legislative Priorities for the 116th U.S. Congress Attachments: Agenda Memo - Legislative Priority November 2018 Resolution - 86th Texas Lege & 116th Congress Priorities Presentation - Legislative Priorities 11318 City of Corpus Christi Page 12 Printed on 11/12/2018 City Council Meeting Agenda - Final November 13, 2018 Q. BRIEFINGS: (ITEMS 36 - 37) 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. 36. 18-1406 Short Term Rentals Attachments: Agenda Memo - Short Term Rentals Memo to City Manager 37. 18-1421 Drone Camera Technology in City Operations Attachments: Agenda Memo Drone Camera Technology Presentation R. EXECUTIVE SESSION: (NONE) 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. 38. 18-1392 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 a proposed industrial development by Epic Midstream, LLC and/or Epic Pipeline, LP and/or related entities for petroleum transportation, handling, fractionating, storage, and/or terminal facilities near Violet Road, FM 1604, Highway 44, and/or Industrial District No. 2, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s), including, but not limited to, potential contracts involving a proposed industrial development by Epic Midstream, LLC and/or Epic Pipeline, LP and/or related entities for petroleum transportation, handling, fractionating, storage, and/or terminal facilities near Violet Road, FM 1604, Highway 44, and/or Industrial District No. 2. City of Corpus Christi Page 13 Printed on 11/12/2018 City Council Meeting Agenda - Final November 13, 2018 39. 18-1393 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 Contract among the United States of America, City of Corpus Christi, Texas and the Nueces River Authority for Construction, Operation, and Maintenance of the Nueces River Reclamation Project, Texas, the Bureau of Land Management, Choke Canyon Reservoir, oil and gas royalties produced from properties at or near Choke Canyon Reservoir and the disposition of funds related to the aforesaid matter(s). 40. 18-1418 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 Texas Transportation Code Chapter 52 and other legal matters related to a Deepwater Port License Application from Texas Gulf Terminals, Inc. and other entities for proposed petroleum storage and transportation facilities in Nueces and Kleberg counties, including, but not limited to, facilities at or adjacent to County Road 8, Laguna Madre, and Padre Island. 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 14 Printed on 11/12/2018 City of Corpus Christi Meeting Minutes 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. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:32 a.m. B. Invocation to be given by Deacon Jesse Hinojosa, Diocese of Corpus Christi. Deacon Jesse Hinojosa gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Aly Berlanga, Executive Assistant, City Secretary's Office. Ms. Aly Berlanga led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Interim City Manager Keith Selman, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. 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 City of Corpus Christi Page 1 Printed on 11/8/2018 City Council Meeting Minutes October 30, 2018 E. Proclamations / Commendations 1. Proclamation declaring October 10, 2018, "Real Men Wear Pink Day". Proclamation declaring November 11, 2018, "The 143rd Year Anniversary of St. John Baptist Church". Mayor McComb presented the proclamations and accepted a donation from Inspire Coastal Bend Magazine for the Mayor's Hurricane Harvey Fund. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. a. UTILITY BILLING UPDATE Interim City Manager Keith 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 the following information: bill related issues related to accounts that never received a bill, sporadic missed bills and no readings, and consolidated consumption bills with readings; data flow between Infor and the Star system; exceptions related to no meter reads; project recovery starting with the full assessment of Infor and all integrated systems; continued work on the billing system; water audits; replacement/repair of meter transmission units (MTU); gas rates; preventive maintenance plans for water and gas MTUs; software and hardware upgrades; the data collection units (DCU) project; and Agenda Item 10, a service agreement for on-call cabling services and related projects. Council members discussed the following topics: appreciation to Mr. Collins for identifying problems with the City's utility billing system; preventive maintenance plans; audit of the Infor enterprise application; and three occurences related to no -bills and other billing issues. 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 City of Corpus Christi Page 2 Printed on 11/8/2018 City Council Meeting Minutes October 30, 2018 period. Kate Engler, 5222 McArdle, spoke regarding the "me too" movement and government issues. Huxley Smith, 1913 Thames, spoke regarding the City's water releases and in opposition to desalination. Wendy Herman, Executive Officer of the Coastal Bend Homebuilders Association, 5325 Yorktown, spoke regarding Agenda Item 12, the purchase of playground equipment and her previous request that City Council direct the Parks and Recreation Department to not spend Community Enrichment Funds until a complete audit is performed. Claude Axel, 741 Crestview, spoke regarding the following: public comment time; in support of staggered City Council terms; term lengths; and thanking the City Council members for their work. Jack Gordy, 4118 Bray, spoke regarding blocked sidewalks and illegal signs. Susie Luna Saldana, 4710 Hake!, spoke in support of changing the qualifications for city council candidates to require that candidates should not owe taxes to any jurisdiction. Margareta Fratila, 3606 Tripoli, spoke regarding utility billing issues, including deposits, related to rental properties. James (TC) Chadden, 1718 Arlington, spoke regarding the following topics: thanking Council Member Rubio for a job well done; blocked sidewalks; illegal signs; and thanked Council Member Hunter for rejecting an increase in taxes. Liz Gutierrez, 1033 Greenview, thanked Council Member Rubio for her work in Corpus Christi and in District 3. John Medina, 3941 Mokry, spoke regarding City Council's leadership and accountability. Council Member Rubio announced her resignation from the position of District 3 Council Member, effective October 30, 2018, and that she will be sworn -in by Nueces County Judge Loyd Neal as Justice of the Peace, Precinct 1, Place 3. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor McComb returned to City Manager's Comments. Interim City Manager Keith Selman reported on the following topics: b. STRATEGIC FUTURE ISSUES c. OTHER None. 1) Interim City Manager Selman introduced new Deputy Director of Solid Waste Operations David Lenfeldt. 2) Interim City Manager Selman introduced Emergency Management Coordinator Billy Delgado and Assistant Director of Water Quality and treatment who provided a brief presentation regarding Lake Corpus Christi including: the joint cooperative efforts with various organizations to address the Lake Corpus Christi water releases and flooding downstream and notify affected residents; aerial drone footage of Wesley Seale Dam and Lake Corpus Christi; maintaining the integrity of Wesley Seale Dam; the current water levels and combined capacity; a chart reflecting projected elevation of Lake Corpus Christi; and a satellite overview of the flood wave. Council members and staff discussed the following topics: a scheduled assessment and evaluation of Wesley Seale Dam; Texas Commission on Environmental Quality's inspections; the lower Colorado River and Lake Texana; the combined water capacity; volume versus flow; the City's four sources of water; the amount of water being released; the number of City of Corpus Christi Page 3 Printed on 11/8/2018 City Council Meeting Minutes October 30, 2018 occurences where water was released to make room for additional water at Choke Canyon; credit for future water releases; and an update regarding how water releases impact the City. G. MINUTES: 2. Regular Meeting of October 23, 2018 and Workshop Meeting of October 15, 2018. Mayor McComb referred to approval of the minutes. Council Member Garza made a motion to approve the minutes, seconded by Council Member Lindsey -Opel and passed unanimously. H. BOARD & COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 8) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. There were no comments from the Council or the public. A motion was made by Council Member Lindsey -Opel, seconded by Council Member Rubio, to approve the Consent Agenda. The consent agenda items were passed and approved by one vote as follows: Aye: 9 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 3. 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. This Motion was passed on the consent agenda. Enactment No: M2018-207 4. Professional Services Contract Amendment No. 1 for Seawall Capital Repairs (CIP - Type A) (Requires 2/3 Vote) City of Corpus Christi Page 4 Printed on 11/8/2018 City Council Meeting Minutes October 30, 2018 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 passed on the consent agenda. Enactment No: M2018-208 5. Purchase of Uniforms for the Gas Department (Requires 2/3 Vote) 6. 7. 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 passed on the consent agenda. Enactment No: M2018-209 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031583 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 City of Corpus Christi Page 5 Printed on 11/8/2018 City Council Meeting Minutes October 30, 2018 8. of Oso Creek. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031584 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031585 EXECUTIVE SESSION: (ITEMS 20 AND 23) Mayor McComb deviated from the agenda and referred to Executive Session Items 20 and 23. The Council went into executive session at 1:43 p.m. The Council returned from executive session at 2:17 p.m. 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 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. Mayor McComb referred to Item 20 and the following motion was considered: Motion to authorize the City Manager or representative to execute a Mutual Settlement Agreement and Release between the City and Cefe Landfill TX, LP f/k/a BFI Elliott Landfill TX, LP; GFI Waste Systems of Texas, LP n/k/a Blue Ridge Landfill TX, LP; BFI Waste Services of Texas, LP d/b/a Allied Waste Services of Corpus Christi and/or Republic Services of Corpus Christi (collectively described as "Republic") to release claims by the City against Republic for alleged shortfalls in tonnage under the Waste Disposal Agreement during contract years 2016-2017 and 2017-2018 in exchange for a release of City of Corpus Christi Page 6 Printed on 11/8/2018 City Council Meeting Minutes October 30, 2018 claims by Republic against the City for alleged breaches of the Landfill Services Agreement occurring on or before October 1, 2018 and settling other miscellaneous issues therein. Council Member Lindsey -Opel made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-212 23. 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 Items 20 and 23. M. PUBLIC HEARINGS: (ITEM 9) 9. 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. City of Corpus Christi Page 7 Printed on 11/8/2018 City Council Meeting Minutes October 30, 2018 Mayor McComb referred to Item 9. Director of Development Services Nina Nixon -Mendez stated that the purpose of this item is to close, vacate and abandon two public alleys and a five-foot utility drainage easement to facilitate the expansion of Christus Spohn Shoreline Hospital. Mayor McComb opened the public hearing. There were no comments from the Council or the public. Mayor McComb closed the public hearing. Council Member Lindsey -Opel made a motion to approve the ordinance, seconded by Council Member 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: (ITEMS 10 - 12) 10. 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. Mayor McComb referred to item 10. Director of Information Technology (IT) Belinda Mercado stated that the purpose of this item is to authorize a one-year service agreement to provide cabling services and related projects with Network Cabling Services, Inc. for an amount not to exceed $150,000, with the option to extend for two additional years with a not -to -exceed amount of $450,000. This contract will outsource cable services to help supplement the workload of IT staff and will allow IT to address issues related to the data collection units (DCU), meter reading process, and field support of City services and public safety. There were no comments from the public. Council members and staff discussed the following topics: these services will address issues related to the City's utility system; staffs ability to focus on the DCUs; and that this will facilitate products being available and on -hand. Council Member Lindsey -Opel made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 City of Corpus Christi Page 8 Printed on 11/8/2018 City Council Meeting Minutes October 30, 2018 Enactment No: M2018-210 11. 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. Mayor McComb referred to Item 11. City Secretary Rebecca L. Huerta announced that Council Member Molina was abstaining from this item. Director of Aviation Fred Segundo stated that the purpose of this item is to authorize 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 Kilo project; and authorizing a payment of $312,5000 to SpawGlass Civil Construction, Inc. There were no comments from the public. In response to a council member, Mr. Segundo stated that Harvey Cleary Builders is paying the City a total of $725,876, with $413,376 going to the City. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Rubio. This Ordinance was passed on second reading and approved with the following vote: Aye: 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 Abstained: 1 - Council Member Molina Enactment No: 031586 12. 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. Mayor McComb referred to Item 12. Interim Director of Parks and Recreation Becky Perrin stated that the purpose of this item is to authorize the purchase of playground equipment from GameTime by Total Recreation Products, Inc. for a total amount not to exceed $400,442.25. This purchase is for 14 playgrounds through a grant -match program. Ms. Perrin presented three playground designs and a list of parks for each. There were no comments from the public. Council members and staff discussed the following topics: that replacement playgrounds were previously purchased individually; that the Parks and City of Corpus Christi Page 9 Printed on 11/8/2018 City Council Meeting Minutes October 30, 2018 Recreation Department is only able to purchase about $750,000 worth of playground equipment annually and efforts to increase that amount; the audit regarding the Community Enrichment Funds; the timeline for completion and installation of the playground equipment; use of an outside contractor to install the playground equipment; where North Poke Park falls on the playground replacement list; how parks are selected; that the playground replacement schedule is guided by the Parks Master Plan; if City Council has input regarding the playground selection; delivery of the equipment; how the equipment will be stored; utilization of the parks; when staff applied for the grant; that City Council can approve the purchase of the equipment and staff will bring back the parks list for consideration; and consideration to engage community organizations to assist with installation of the playground equipment. Council Member Lindsey -Opel made a motion to approve the motion, seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-211 O. FIRST READING ORDINANCES: (ITEM 13) 13. 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) Ordinance authorizing a License Agreement with Christus Spohn Health System Corporation, A Texas Non -Profit Corporation, to cross Elizabeth Street with private utilities. Mayor McComb referred to Item 13. Director of Development Services Nina Nixon -Mendez stated that the purpose of this item is to execute a license agreement with Christus Spohn Shoreline Hospital for installation of private utilities under Elizabeth Street from the central utility plant to the new hospital tower. Ms. Nixon -Mendez provided an aerial overview of the subject property and the proposed layout. Ms. Nixon Mendez stated that staff is requesting to amend the ordinance by amending the license fee from $38,332.80 to $60,000 to reflect the certified appraisal report. In response to Mayor McComb, Ms. Nixon -Mendez stated that Elizabeth Street will remain open after construction. Mayor McComb requested information related to the process for closing "paper" streets. Council Member Molina made a motion to amend the ordinance by amending the licence fee from $38,332.80 to $60,000 to reflect the certified appraisal City of Corpus Christi Page 10 Printed on 11/8/2018 City Council Meeting Minutes October 30, 2018 report, seconded by Council Member Lindsey -Opel and passed unanimously. Council Member Molina made a motion to approve the ordinance as amended, seconded by Council Member Lindsey -Opel. This Ordinance was passed on first reading as amended and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 14 - 19) 14. Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff did not have any planned presentations. 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. This Resolution was recommended to the consent agenda. 15. Supply Agreement for Medications for Emergency Medical Services (EMS) (Requires 2/3 Vote) 16. 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. This Motion was recommended to the consent agenda. 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). This Motion was recommended to the consent agenda. City of Corpus Christi Page 11 Printed on 11/8/2018 City Council Meeting Minutes October 30, 2018 17. 18. 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. This Motion was recommended to the consent agenda. 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. This Motion was recommended to the consent agenda. 19. 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. This Motion was recommended to the consent agenda. Q. BRIEFINGS: (NONE) R. EXECUTIVE SESSION: (ITEMS 21 - 22) Mayor McComb referred to Executive Session Items 21 and 22. The Council went into executive session at 2:56 p.m. The Council returned from executive session at 4:30 p.m. 21. 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, Roger Arevalo, Yezenia City of Corpus Christi Page 12 Printed on 11/8/2018 City Council Meeting Minutes October 30, 2018 Banuelos and other lawsuits and claims against the City and the City's officers and employees. Mayor McComb referred to Item 21 and the following motion was considered: Motion to authorize the City Manager or his designees to execute amendments to the Professional Services Agreement with Canales & Simonson for the defense of the lawsuit of Ray Rosas, Virginia Rosas, Individually and on Behalf of Brenda Rosas, Isabel Rocha AndjoseMaria Pena, vs. The City of Corpus Christi, Andy Trevino, Justin Sanders, Adam Villarreal, Ross Murray, Heriberto Martinez, Michael Landino, Roger Arevalo, Yezenia Banuelos, and as said heading is amended, to increase the amount payable to said firm pursuant to the agreement by an additional $100,000 and authorizing transfer of authorized amounts to contracts with other entities contracted to provide services on this case. Council Member Lindsey -Opel made a motion to approve the motion, seconded by Council Member Rubio. This Motion was passed and approved with the following vote: Aye: 9 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Molina, Council Member Roy, Council Member Rubio and Council Member Smith Abstained: 0 Enactment No: M2018-213 22. 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 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. This E -Session Item was discussed in executive session. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS T. ADJOURNMENT Mayor McComb referred to Identify Council Future Agenda Items. The following item was identified: an update on the City's drone program to be provided at the November 13, 2018 Council meeting. The meeting was adjourned at 4:33 p.m. City of Corpus Christi Page 13 Printed on 11/8/2018 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 10, 2018 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3932 Resolution ratifying submission of a grant application to the Office of the Governor for the Emergency Operations Center and Transportation Management Center Assessment Project 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 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 City Secretary GRANT #3707301 Joe McComb Mayor 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 AGENDA MEMORANDUM Future Item for the City Council Meeting of October 30, 2018 Action Item for the City Council Meeting November 13, 2018 DATE: October 30, 2018 TO: Keith Selman, Interim City Manager FROM: Robert Rocha, Fire Chief RRocha(a�cctexas.com (361) 826-3932 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2cctexas.com (361) 826-3169 Medications for Emergency Medical Services (EMS) CAPTION: Motion authorizing a one-year supply agreement for the purchase of EMS Medications with Life -Assist, Inc. of Rancho Cordova, California fora 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. 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 $318,422.09 $759,458.09 Encumbered / Expended Amount $.00 $0.00 $.00 This item $122,470.03 $318,422.09 $440.892.12 BALANCE $318,565.97 $0.00 $318,565.97 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MINERVA ALVARADO BID TABULATION RFB 1832 -EMS Medications ITEM DESCRIPTION QTY UOM Life -Assist, Inc. Rancho Cordova, CA Bound Tree Medical Dublin, OH Medline Industries, Inc. Chicago, IL 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. 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 1 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 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. 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 2 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 3 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, HCA 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 1 1277 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 4 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 5 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) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 SUPPLIER Signature: Printed Name: Pyri ftr'1�. j \&e LtU Title: C..)i,n�1 cJ?eL c kis Date: 101?)Jdol 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 Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1832 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as lo Legal Form October 1 r 2018 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 1 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 2 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 3 of 3 Date: 9/18/2018 Bidder: Life -Assist, Inc. Attachment B: Bid/Pricing Schedule CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 1832 EMS Medications for Corpus Christi Fire Department PAGE 1 OF 4 Authorized Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each Item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid hove been arrived 01 independently, without consultation. communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office: pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. item Description Unit Qty Unit Price Total Price 1 Acetaminophen Box 500mgltablet NDC # N/A Packaged: 50 box PK $1.00 530.00 Bid as specified Sold in bnUlel100. 2 Acetaminophen Ellxer Bottle 16mg/5ml NDC # 57896-0180-16 Packaged: bottles EA 30 $4.96 5148.80 3 Adenosine 6mg/2ml NDC # 25021-301-02 Packaged: 10 vial/carton PK 40 562.00 $2,480.00 4 Albuterol a. mg/3m1 NDC # 0487-9501-01 Packaged: 30 pouch/carton PK 70 $6.30 5441.00 Page 2 of 4 item Description Unit Qty Unit Price Total Price 5 Amiodarone I 50mg/3m1 BX 20 581.25 51,625.00 sold In bra25 5 Asprin 81mg/1 tablet NDC # 0904-4040-73 Packaged: 36 tabs/borne EA 288 S1.08 S311.04 6 Atropine Sulfate 1mg/5m1 NDC # 0409-4910-34 Packaged: 1 syringe/carton BX 70 510.66 3746.20 $7,462.00 Bid as specified, sold hi csf50. 7 CA Gluconate 10% IV igm/10m1 NDC # 63323-311-19 Packaged: 25 vial/hay PK 12 5280.00 53,360.00 8 CA Gluconate 2.5% Gel 2g/1 tube NDC # N/A Packaged: N/A EA 80 335.50 S2.840.00 9 Dextrose 507 25g/50m1 NDC # 0409-7517-16 Packaged: 10 syringe/container BX 90 S85.90 V7,731.00 10 Diazepam 10mg/2m1 NDC # 0409-1273-32 Packaged: 10 cariridae/carton BX 20 NO Blr1 NO 1111' Dilrepam 10mg/2m1 is not available through any manufacturer at this time 11 Diphenhydramine 50mg/lml NDC # 0641-0376-25 Packaged: 25 vial/package BX 20 525.00 5500.00 12 Dopamine 200mg/5ml NDC # 0409-5820-01 Packaged: 25 vial/tray BX 8 $77.50 S620.00 Bid as spccificd, sold as es/50 13 Epinephrine 1:1000 lmg/lml NDC # 42023-159-25 Packaged: 25 vial/carton BX 20 5410.00 S8,200.00 Page 3 of 4 Item Description Unit Qty Unit Price Total Price 14 Epinephrine 1:10,000 lmg/lOrnI NDC # 0409-4921-34 Packaged: 10 syringe/package BX 94 $48.50 54.559.00 15 Furosemide 40mg/4m1 NDC # 0409-6102-04 Packaged: 25 vial/tray BX 24 S82.00 $1,968.00 16 Glucagon lmg/lml NDC # 0597-0260-10 Packa_ged: 1 kit/per kit EA 180 $178.00 532.040.00 17 Glucose Paste 15g NDC # N/A Packag_ed: N/A EA 600 $1,20 S720.00 Hid as specified, s,cild Ink/3 18 Labetalol 20mg/41m1 NDC # 0409-2339-34 Packaged: 10 cartridge/package BX 20 $55.50 St,110.00 Flid quantify as specifia mid by mit. Dosage nni available. 100mg, 20m1 vial was bid bid 19 Lidocaine 100mg/5m1 NDC # 0409-4903-34 Packaged: 10 syringe/container BX 56 529.40 $1,6416.40 21 Magnesium Sulfate 50% 5g/lOrni NDC # 63323-064-10 Packag_ed: 25 viat/Iray BX 7 560.00 $420.00 Methylpred 125mg/2m1 NDC # 0009-0047-22 Packa_ged: 25 vial/carton BX 15 $270.00 S4,050.00 23 Naloxone 2mg/2m1 NDC # 76329-3369-1 Packaged: 10 syringe/box BX 128 S330.00 S42240.00 24 Mldazolarn 5mg/5m1 NDC # 0409-2305-05 Packaged: 10 vial/carton BX 16 527.00 $432.00 , Page 4 of 4 item Description Unit Qty Unit Price Total Price 25 Morphine Sulfate l Omg/i mI NDC # 0409-1893-01 Packaged: 25/box SX 48 $52.00 52,496.00 26 Nitrostat Spray 0.4mg/60m dose NDC # 45802-210-01 Packaged: i bottle/carton EA 98 5146.00 514,308.00 27 Ondansetron 4mg/2mt NDC # 0409-1120-11 Packaged: 24 syringe/box BX ] 30 512.48 51422.40 aid ns specified. sidd in bz125 (nal 24) 28 Sodium Bicarbonate S0mg/50m1 NDC # 04094637-34 Packaged: 50m1/1 syringe 8X ] 7 5135.00 52,295.00 aid as sycctricd (ttx>, tnldinh:l to 29 Tranexxamlc Acid I000mg/ l0ml NDC # 42192-605-i0 Packaged: vials EA 30 510.28 5308.40 Allowance: Expedited deliveries for Medications is to be issued by the Contract Administrator via task orders LS ] $1.000A0 $1,004.44 Tota 5140,248.21 5146,964.04 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 1 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 2 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. Page 3 of 3 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 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: TO: October 19, 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 Andres Leal, Jr., P.E., Director of Street Operations andyl@cctexas.com (361) 826-1957 Professional Services Contract Amendment No. 2 North Padre Island Beach Access Roads Project (Bond 2014, Proposition 2) CAPTION: 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). 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. Project No: H17013 1 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 2 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 No: H17013 3 MA/LH Legistar No.: 18-1267 Rev. 2 —10/22/2018 PROJECT BUDGET North Padre Island Beach Access Roads Bond 2014, Proposition 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. Construction Inspection TBD Construction Phase - Materials Testing Services TBD Construction Phase - Materials Testing Services (3A and 2) COMPLETE 27,276 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 CORPUS CHRISTI BAY co SCALE: N.T.S. PROJECT LOCATION NEWPORT PASS RD TEXAS A&M UNIVERSITY CORPUS CHRISTI LAGUNA MADRE Y EL GULF OF MEXICO LOCATION MAP NOT TO SCALE PROJECT LOCATION ZAHN RD Project Number: E15111 North Padre Island Beach Access Roads Newport Pass and Zahn Roads (Bond 2014, Prop 2) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES V.%••••••••••• illii&it4 Corpus Chr sti Engineering North Padre Island Beach Access Roads Newport Pass and Zahn Roads (Bond 2014 Proposition 2) Council Presentation October 30, 2018 Project Location Corpus Chr sti Engineering CORPUS CHRISTI BAY TEXAS A&M uNIVEasITY CORPUS CHMSTI PROJECT LOCATION NEWPORT PASS RD LAGUNA MADRE EL GULF OF MEXICO PROJECT LOCATION ZAHN RD SCALE: N.T.S. Project Vicinity Corpus Chr'sti Engineering North Padre Island Beach Access Roads Project '7...;1 4�- JFK Causeway SCALE: N.T.S. Beach Access Road 2 Newport Pass Rd Laj Beach Access Road 3A 3 Project Vicinity Corpus Chr'sti Engineering North Padre Island Beach Access Roads Project Brochure Language Corpus Chr'sti Engineering "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." Project Scope Corpus Chr'sti Engineering 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 Project Schedule Corpus Chr sti Engineering 2018 2019 Nov Dec Jan Feb Mar Apr Design May Jun Jul Aug Bid / Award Sep Oct Nov Dec Construction Projected Schedule reflects City Council award in November 2018 with anticipated completion in December 2019. 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 1 of 12 ARTICLE I — SCOPE OF SERVICES 1.1 The Consultant shall provide to Engineering Services its Scope of Services, to be incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant's proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City's General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City's Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant's Scope of Services during the performance of the Consultant's services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A 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 2 of 12 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II — QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance -quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Based on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III — COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $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 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 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, 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 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 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 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 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 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 12 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 (4) Deadline for Consultant's response. Contract for Professional Services Page 7 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 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 AH 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 8 of 12 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 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 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 010, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, "boycott Israel" means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled territory, but does not include an action made for ordinary business purposes. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. Contract for Professional Services Page 10 of 12 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 GOVI D DEVELOPMENT, LLC 1 017-2./If( Jeff H. Edmonds, P.E. Date Ajmer ular, P.E. Date Director of Engineering Services Vice President 9510 Leopard Street Corpus Christi, Texas 78410 APPROVED (361) 241-7777 Office akular@govinddevelopment.com Assistant City Attorney Date ATTEST City Secretary Date Contract for Professional Services Page 11 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 Contract for Professional Services Page 12 of 12 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 •._ _ •.._ 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. - •A - - - - •• - - - •- - - 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. c) 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. 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. 1) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. m) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project Manager, meet and coordinate with agencies such as RTA, CDBG, USPS, . . - n) Identify and recommend public outreach and community stakeholder requirements. AMEND. NO. 2 EXHIBIT "A" Page 1 of 10 o) Review City provided preliminary Traffic impact assessment and provide ID) q) r) s) t) u) Prepare an Engineering Letter Report (20 25 page main body text document with supporting appendices) that documents the analyses, approach, opinions of required per City Plan Preparation Standards Contract Format (CPPSCF).Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, crocc 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, _ _ _ _ _ _ e„cd utilities, identification of quality and quantity of materials of construction, and other factors required for a professional design. Include existing site photos. Provide opinion of probable construction costs. 5. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, 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 Submit one (1) copy in an approved electronic format, and one (1) paper copy of the Draft Engineering Letter Report. Submit computer model file, results and calculations used to analyze drainage. Conduct Project review meeting with City staff to review and receive City Manager. Assimilate all City review comments of the Draft Engineering Letter Report and hard copies using City Standards as applicable) suitable for reproduction. 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 2 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 on/vfor 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 NE 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 3 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.. I) 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 NE 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 NE) any addenda, prepare and supply bid tabulation forms, and conduct bid opening. AMEND. NO. 2 EXHIBIT "A" Page 4 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. NE 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 5 of 10 1 Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The NE 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 ar a b. TxDOT utility and environmental permits, multiple uce agreements c. Wetlands Delineation and Permit d. Temporary Discharge Permit c. NPDES Pcrmit/Amcndmcnts (including SSC, NOI NOT) f. Texas Commission of Environmental Quality (TCEQ) Permits/nmcndmcnts 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) 1. 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, Practice for Land Surveying in the State of Texas, Ninth Edition. All work must be tied to and in conformancc with thc 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. NE must obtain Preliminary Titic Reports from a local title company and provide copies of thc titic reports to thc 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 NE 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, Condition I specifications of the Texas Society of Professional Surveyors'l Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference tying Control Points to a minimum of two (2) registered boundary monuments in the vicinity of the project that will not be disturbed by construction. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. AMEND. NO. 2 EXHIBIT "A" Page 6 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. I) 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 Tots, etc. within 20' of the property line. . 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. 6. e- - - after submittal of the Final Engineering Lcttcr Report and one public meeting shall be held prior to start of project construction. Prepare notices, PowerPoint presentations, handouts contract drawings to address citizen comments, as directed by the City. Prepare notices, handouts and exhibits for public information meetings. Provide subsurface utility engineering in accordance with ASCE Standard "ASCE C 1, 38 02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data" including, but not limited to, hydro excavation. The proposed subsurface utility investigation will be as follows: 1) Excavation The survey scope includes working with a subsurface utility cavator 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 bc identified and an elevation will bc obtained to the top of the utility. AMEND. NO. 2 EXHIBIT "A" Page 7 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 arc not to bo 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. C by the A/E. The City of Corpus Christi Gas Department will provide Quality Level A. The NE will coordinate this activity. b) Inform local franchises whose utilities fall within the footprint of construction related excavation of thc potential for cncountcring their utility lines during construction. 7 Cons#ctien-Observation Services. To Be Determined. 8. Warranty Phase. Provide a maintenance guaranty inspection toward thc cnd of thc one maintain, repair, fix, restore, patch, or replace improvement under thc 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 tho the inspection and prepare thc report no later than sixty (60) days prior to thc cnd of thc maintenance guaranty period. 9. Franchise Utility Coordination. NE 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. NE will use the analysis to evaluate the existing storm water system and provide recommendations for improvements. 11. Traffic Control Planning and Design. NE 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. NE 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 8 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 NE'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 NE a not -to -exceed fee as per the table below: AMEND. NO. 2 EXHIBIT "A" Page 9 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 $4,750 $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) $73,935 $16,150 1 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 I $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 $59,350 No. 2) Contract Total $73,935 $90,085 1 $149,435 *Additional Services requested to be authorized. AMEND. NO. 2 EXHIBIT "A" Page 10 of 10 O E Q) O Et E Q m E E (0 >, co co fl U c 0 U W COMPLETE PROJECT NAME Revised 02/01/17 X Ln X Xr z z V d .V O > a_ Invoice Date 01/01/2017 f4 O H w 0 0 ca) m .� O c > U c N 0 Z 0 Z E 0 O U Basic Services: 0 0 0 0 0 25.0%I 0 0 TBDI TBDI TBDI 10.5% 0 10.5%I 23.1% O O O O co O O O co O O O O O $0.00 O O O O O LC) O O CO O O 00 ft O Cr) N- 0 E9 E9 0 0 EA 0 69 00000 0 0 O O O O O O O O O TBD TBD TBD $4,247.00 O 0 0 0 O O O O O O O O O O O O O O O O O O 0 09 O O 0 00 © f. N- E!? O f- O� O� N- (D f• --N 0) M Lf) 000009 $1,000.00 L() 4. 0 TBD 69- TBD 09 E9 $1,120.00 09- 09 E9 0 09 09 09 O O O r 09 O O LL) r 09 O O O O O O LC) N Ef} O 0 (C) H? O 0 O 0 TBDI TBDI TBDI 100.000$ O O LC) N 09 100.000$ O O © M Ef} O O O O $0.00 O O $0.00 O TBD TBD TBD $0.00 O $0.00 O O O O O O O O O O O 00 ft O 09 0 E9 0 E9 E9 0 0 EA 0 69 00000 0 ti o O O O TBD TBD TBD O O O O O O O O O O O O O O O O 0 0 0 0 09 0 o 0 O 0 09 0 E9 0 O 0 00 0 O 0 O69- r 69 o r 09 r 09 E9 EA 69 0 0 o O r EA 0 0 o O M EA 0 0 0 ti te 0 0 o Ln M EA 0 0 o N 00 EA 0 0 o 0 N EA 0 0 o r r EA 0 0 ti 01 CO r EA TBD TBD TBD $4,747.001 $8,250.00 $4,747.00 0 0 00) N r EA O O O O O 0 0 0 TBD TBD TBD O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 ti o r` 69- 69- LC) O LC) EA 09- N N LC) N r - N O N CD(D N C0 00 r r EA r 09 r 69 r 09 r 09 N 69 000009 $1,000.00 O $1,120.00 O TBD TBD TBD O O $1,120.00 O 0 0 0 0 O O o O O Ef} O Ef} Ef} Ef} Ef} N O N 0r r 09- r 09 0 r ua r N to 0o o O 00.005$ $2,500.00 o O 0 o TBD TBD TBD O o $2,000.00 0 0 0 0 tn 0 0 0 OO r N O (0 O N O N O C0 O Ef} Ef} 09 09 69 09 09 Preliminary Phase Design Phase a) L 0 Construction Phase Subtotal Basic Services Additional Services: 0) m 0 Warranty Phase O 0 a) 0 c Platting Survey 0 & M Manuals O U U) Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees Q) Exhibit B Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/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 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: TO: October 12, 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 Professional Services Contract Amendment No. 1 Greenwood Wastewater Treatment Plant Flood Mitigation (Capital Improvement Program) 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 $389,595 for 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 Volta 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 Volta drainage improvement project to determine if the soil could be used for levee Project No: 18070A 1 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: ❑ Ooeratina ❑ Revenue X Caaital ❑ 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 Legistar No.: 18-1293 2 PM/LH 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 No: 18070A 3 PM/LH Legistar No.: 18-1293 Rev. 2 — 10/18/2018 PROJECT BUDGET ESTIMATE Greenwood Wastewater Treatment Plant Flood Mitigation (Capital Improvement Program) 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 NUECES BAY PROJECT LOCATION SCALE: N.T.S. CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI — 2444 LOCATION MAP NOT TO SCALE LAGUNA MADRE 141 Project Number: 18070A Greenwood Wastewater Treatment Plant Flood Mitigation CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES war Corpus Crrr sti Engineering Greenwood Wastewater Treatment Plant Flood Mitigation Council Presentation October 30, 2018 Project Location Corpus Carr sti Engineering N SCALE: N.T.S. Greenwood Wastewater Treatment Plant CORPUS CHRISTI BAY TEXAS A&M UN fVERSIYY CORPUS CHRISTI 43 FL 2 Project Vicinity Corpus Chir sti Engineering Greenwood Wastewater Treatment Plant Project Scope Corpus Chir sti Engineering 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 Project Schedule Corpus Chir sti Engineering 2018 2019 OCT NOV DEC JAN FEB MAR Preliminary Design Project Preliminary Design Estimate: 133 days 5 months Projected Schedule reflects City Council award in October 2018 with preliminary design completion in March 2019. Greenwood Wastewater Treatment Plant Corpus Chir sti Engineering Questions? 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 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 1It 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 $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 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 rs bcginning on the Effcctivc Datc. The Agrccmcnt may bo renewed for up to one year renewal options upon mutual agreement of the parties to be evidenced in writing • 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 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.eth ics.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 ALAN PLUMMER ASSOCIATES, INC. October 11, 2018 Jeff H. Edmonds, P.E. Date Rex H. Hunt, P.E. 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 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 Contract for Professional Services Page 11 of 11 Agreement for Professional Services APAI Project No.: 2017-152-01 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 Voila 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 Alan Plummer Associates, Inc. A-1 Agreement for Professional Services APAI Project No.: 2017-152-01 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 Alan Plummer Associates, Inc. A-2 Agreement for Professional Services APAI Project No.: 2017-152-01 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 Alan Plummer Associates, Inc. A-3 Agreement for Professional Services APAI Project No.: 2017-152-01 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 Alan Plummer Associates, Inc. A-4 Agreement for Professional Services APAI Project No.: 2017-152-01 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 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 Alan Plummer Associates, Inc. A-5 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 Alan Plummer Associates, Inc. A-5 Agreement for Professional Services APAI Project No.: 2017-152-01 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 five (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 Alan Plummer Associates, Inc. A-6 Agreement for Professional Services APAI Project No.: 2017-152-01 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 Alan Plummer Associates, Inc. A-7 Agreement for Professional Services APAI Project No.: 2017-152-01 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 Alan Plummer Associates, Inc. A-8 Agreement for Professional Services APAI Project No.: 2017-152-01 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 Alan Plummer Associates, Inc. A-9 O E Q) O Et E Q m E E (0 >, co co fl U c 0 U W COMPLETE PROJECT NAME Revised 02/01/17 X Ln X Xr z z V d .V O > a_ Invoice Date 01/01/2017 f4 O H w 0 0 ca) m .� O c > U c N 0 Z 0 Z E 0 O U Basic Services: 0 0 0 0 0 25.0%I 0 0 TBDI TBDI TBDI 10.5% 0 10.5%I 23.1% O O O O co O O O co O O O O O $0.00 O O O O O LC) O O CO O O 00 ft O Cr) N- 0 E9 E9 0 0 EA 0 69 00000 0 0 O O O O O O O O O TBD TBD TBD $4,247.00 O 0 0 0 O O O O O O O O O O O O O O O O O O 0 09 O O 0 00 © f. N- E!? O f- O� O� N- (D f• --N 0) M Lf) 000009 $1,000.00 L() 4. 0 TBD 69- TBD 09 E9 $1,120.00 09- 09 E9 0 09 09 09 O O O r 09 O O LL) r 09 O O O O O O LC) N Ef} O 0 (C) H? O 0 O 0 TBDI TBDI TBDI 100.000$ O O LC) N 09 100.000$ O O © M Ef} O O O O $0.00 O O $0.00 O TBD TBD TBD $0.00 O $0.00 O O O O O O O O O O O 00 ft O 09 0 E9 0 E9 E9 0 0 EA 0 69 00000 0 ti o O O O TBD TBD TBD O O O O O O O O O O O O O O O O 0 0 0 0 09 0 o 0 O 0 09 0 E9 0 O 0 00 0 O 0 O69- r 69 o r 09 r 09 E9 EA 69 0 0 o O r EA 0 0 o O M EA 0 0 0 ti te 0 0 o Ln M EA 0 0 o N 00 EA 0 0 o 0 N EA 0 0 o r r EA 0 0 ti 01 CO r EA TBD TBD TBD $4,747.001 $8,250.00 $4,747.00 0 0 00) N r EA O O O O O 0 0 0 TBD TBD TBD O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 ti o r` 69- 69- LC) O LC) EA 09- N N LC) N r - N O N CD(D N C0 00 r r EA r 09 r 69 r 09 r 09 N 69 000009 $1,000.00 O $1,120.00 O TBD TBD TBD O O $1,120.00 O 0 0 0 0 O O o O O Ef} O Ef} Ef} Ef} Ef} N O N 0r r 09- r 09 0 r ua r N to 0o o O 00.005$ $2,500.00 o O 0 o TBD TBD TBD O o $2,000.00 0 0 0 0 tn 0 0 0 OO r N O (0 O N O N O C0 O Ef} Ef} 09 09 69 09 09 Preliminary Phase Design Phase a) L 0 Construction Phase Subtotal Basic Services Additional Services: 0) m 0 Warranty Phase O 0 a) 0 c Platting Survey 0 & M Manuals O U U) Subtotal Additional Services Summary of Fees: Basic Services Fees Additional Services Fees Total of Fees Q) Exhibit B Page 1 of 1 EXHIBIT B-1 CONFIDENTIAL RATE SHEET Rate sheets are confidential pursuant to section 552.104 of the Texas Government Code since release of this information would give advantage to a competitor or bidder. In addition, section 552.110 of the TX Govt. Code protects third party commercial and financial information if release of the information would cause the third party substantial competitive harm. Final determination of confidentiality will be made by the Texas Attorney General. DOCUMENTATION OF PROVISIONAL / OVERHEAD RATES: Overhead rate documentation has been provided to the City of Corpus Christi and was utilized in reviewing and approving the loaded hourly rates below. PRINCIPALS: The Consultant must provide documentation with each payment request that clearly indicates how a Principal's time is allocated and the justification for that allocation. PRINCIPAL(S): HOURLY RATE TX REGISTRATION #: ($/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 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 1 Rev 04/17 Exhibit C Page 1 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. 2 Rev 04/17 Exhibit C Page 2 of 2 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: Alan Plummer Associates, Inc. 5934 South Staples Street, STREET ADDRESS: Suite 220 CITY: Corpus Christi FIRM IS: 1. Corporation 4. Association 2. Partnership 5. Other ZIP: 78413 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: Rex Hunt Title: Principal (Type or Print Signature of Certifying Person: Date: October 11, 2018 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." 1 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 30, 2018 Action Item for the City Council Meeting of November 13, 2018 DATE: TO: October 15, 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 Construction Contract Change Order No. 1 Oso Water Reclamation Plant Headworks and Lift Station (CIP) 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 ProjectNo.: E12206 1 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. ProjectNo.: E12206 Legistar No.: 18-1301 2 PM/LH Rev. 2 — 10/15/18 LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Change Order ProjectNo.: E12206 3 PM/LH Legistar No.: 18-1301 Rev. 2 — 10/15/18 PROJECT BUDGET ESTIMATE Oso Water Reclamation Plant Headworks and Lift Station 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 *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 $1,064,855 4 Gregoryortland ik "PAP 04"q Ingleside 9 0 d eo SCALE: N.T.S. NUECES BAY CORPUS CHRISTI BAY Project Location TEXAS A&M UNIVERSITY CORPUS CHRISTI LAGUNA MADRE EL GULF OF MEXICO Project Number: E12206 Oso Water Reclamation Plant Headworks & Lift Station CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Crrr sti Engineering Oso Water Reclamation Plant Headworks and Lift Station Change Order #1 Council Presentation October 30, 2018 Project Location Corpus Chir sti Engineering NUECES BAY OSO WASTEWATER TREATMENT PLANT 1LAGUNA MADRE WASTEWATER TREATMENT PLANT �` ! -__ r L f \ _ 2 Change Order Scope Corpus Carr sti Engineering 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. Oso WWTP Catwalk Corpus Carr sti Engineering AIR DROPS AN SUPPORTS HAA PREVIOUSLY HEE' REMOVED i ExISTI .; VERTICAL - TO FE REMOVED. EXISTING HANDRAIL, AND FOE RAILS TO BE REMOVED 4 Laguna Madre WWTP Air Piping Corpus Chir sti Engineering EXIST CONCRETE WALKWAY EXIST 8' D.I. AIR HEADER EXIST 1" AIR DROPS -+ : s aim= a.J/ ��L tial; wiarpagic 5 Laguna Madre WWTP Air Piping Corpus Chir sti Engineering D.I-T _._I FE: IL_. 1 -_ _ErJTE'_: EXIST CONCRETE WALKWAY EXIST 8" D,I, AIR HEADER EXIST 1- AIR DROPS rm;iik `wAi vatia r 6 Project Schedule Corpus Chir sti Engineering 2018 2019 2020 Qtr 2 Qtr 3 Qtr 4 Qtr 1 CO No.1 Qtr 2 Qtr 3 Qtr 4 Qtr 1 Qtr 2 Qtr 3 Construction Projected Schedule reflects City Council Change Order No. 1 award in October 2018 with work complete in January 2019. Carpus Chir sti Engineering Questions ? CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER CHANGE ORDER NO: 1 PROJECT: Oso Water Reclamation Plant Headworks & Lift Station CONTRACTOR: CSA Construction, Inc. ENGINEER: LNV Engineering CHANGE ORDER DATE: 10/5/2018 PROJECT NUMBER: E12206 ORIGINAL CONTRACT TIME: 730 CD's Make the following additions, modifications or deletions to the work described in the Contract Documents: ADDITIONS Quantity Unit Unit Price Total 1 Laguna Madre Waste Water Treatment Plant - Catwalks 1 LS $ 192,457.00 $ 192,457.00 New Air Pipe & Drops 2 Oso Water Reclamation Plant - Digester Piping 1 LS $ 188,970.00 $ 188,970.00 Walkways/ Beams/ Handrails Additional Calendar Days requested 90 NET TOTAL OF THIS CHANGE ORDER: $ 381,427.00 Why was this Change necessary: 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. How can similar changes be avoided in the future? These types of changes are very hard to avoid when consolidation of existing facilities are being reviewed. 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. Original Contract Amount $ 22,865,540.00 Previously Approved Change Order Amount $ Proposed Change Order Amount $ 381,427.00 Revised Contract Amount $ 23,246,967.00 Percent of Total Change Orders (including this CO) 1.67% Original Contract Time for Substantial Completion Notice to Proceed Date Original Substantial Completion Date Previously Approved Change Order Time Additional Time on This Change Order Revised Contract Time for Substantial Completion Revised Substantial Completion Date 730 CD's 3/5/2018 3/4/2020 0 CD's 90 CD's 820 CD's 6/2/2020 REVIEWED BY: LNV Engineering REQUESTED BY: CSA Construction, Inc. n/a Engineer Date Richard Mayfield Vice -President Date RECOMMENDED BY: RECOMMENDED BY: RECOMMENDED BY: RECOMMENDED BY: CITY OF CORPUS CHRISTI Kent Power, P.E. Acting Construction Engineer Date Jeffrey Edmonds, P.E. Director of Engineering Services Date Eddie Houlihan, Director Management and Budget Date Janet Whitehead City Attorney Date APPROVED BY: APPROVED BY: APPROVED BY: FUND: ACCOUNT: ACTIVITY: Valerie H. Gray, P.E. Date Executive Director of Public Works Mark Van Vleck, P.E. Assistant City Manager Date Keith Selman Interim City Manager Page 1 of 1 Date 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 30, 2018 TO: Keith Selman, Interim City Manager FROM: Kevin Norton, Director of Water Utilities KevinN(a7cctexas.com (361) 826-1874 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2cctexas.com (361) 826-3169 Service Agreement for Motor and Clutch Repairs for Utilities -Wastewater 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. 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 City of Corpus Christi Purchasing Division BUYER : Cynthia Perez Bid Tabulation RFB 1772 Motor and Clutch Repairs for Utilities Department Massengale Armature Work! C -D Electric 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 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 1 of 7 Approved as to Legal Form 12/15/17 Name: Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email: joannam©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 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 a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Joanna Moreno Title: 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 Bosse 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 4 of 7 Approved as to Legal Form 12/15/17 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: - %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 1.1 Attachment A - Scope of Work 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) 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. g. 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 U VV „: ih CITY OF CORPUS CHRISTI !!!' atfr 'hCRRP9RASa 1852 Date: 7-3'- BID FORM PURCHASING DIVISION RFB No. 1772 Motor and Clutch Repairs for Utilities Department PAGE 1 OF 1 i8 Bidder: Authorized PlArstAiewe liginime. Mee 1Mc. Signature: ;d p 1. Refer completing 2. Quote 3. In submitting a. the communication, purpose b. Bidder on and c. Bidder applicable d. Bidder 4. Bidders page Invitation to "Instructions to Bidders" and Contract Terms and Conditions before bid. your best price for each item. this bid, Bidder certifies that: prices in this bid have been arrived at independently, without consultation, or agreement with any other Bidder or competitor, for the of restricting competition with regard to prices. is an Equal Opportunity Employer, and the Disclosure of Interest information file with City's Purchasing office, pursuant to the Code of Ordinances, is current true. is current with all taxes due and company is in good standing with all governmental agencies. acknowledges receipt and review of all addenda for this RFB. must not write over or revise the bid form. Written notes on the bottom of this are not accepted. Bidders will be considered Non -Responsive. to quote, FOB Destination, Freight Included, on the following: Item # Description Unit Qty Unit Price Total Price Labor 1 Labor Regular Business Hours M -F 8:00-5:00 HR 300$ 6a vo $ /dr me 2 Labor Afterhours, Weekends, Holidays HR 50 � $ 90 $ o c� 54500 9 , 1 Parts/Materials Mark-up Total Price 3 Parts/Materials EA $95,000.00 % 23 $ ix 4 Shipping Allowance for Parts/Materials (includes expedited items) EA $7,000.00 $7,000.00 5 Pick -Up & Delivery Charge EA 40 $ ..-e- $ -8' TOTAL $Pc/Z 30 eu 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. 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 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 Exhibit H Sketch to Accompany Fieldnotes, for a 0.016 Acre Privilege Agreement Easement, being portions of Elizabeth Street, 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. 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. 62, Pg. 130 M.R.N.C.T. SEE DETAIL "A" Point of Beginning 0.016 Acres 78 Sq. Feet LINE BEARING DISTANCE L1 S 85°44'06" W 2.095' L2 S 19°09'20" E 2.587' L3 S 85°44'06" W 8.726' L4 N 12°32'43" E 75.736' L5 N 85°44'09" E 9.402' L6 S 12°32'43" W 73.124' Third Street (60' Wide Right-of-WayM.R.N.C.T.) Vol. 1, Pg. 11, 0.016 Acres 678 Sq. Feet Portion of Third Street closed by City Ordinance No. 026403, Recorded in Doc. No. 2006049477, O.P.R.N.C.T.) L5 /Point of eginning L2 DETAIL "A" (1"=30') 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. 643, Pg. 144, D.R.N.C.T.) (Vol. 1, pg. 11, M.R.N.C.T.) S 85'44'06" W 631.028' ................................ O n 7 Lot 1 ° o ads -tea. rn60 � ;W c ?, a 11 9 0 Lo 2.5' ROW Closure Vol. 643, Pg. 144 D.R.N.C.T. Lot 14 Block XI Ocean View Vol. 1, Pg. 11 M.R.N.C.T. Lot 13 CTS N19°06'16"W 2.50' \ Point of Commencement Lot 1 REV: 10/12/18 DATE: 04/11/18 SCALE: 1 =60' JOB NO.: 42711.6602 DRAWN BY: CTS l URBAN ENGINEERING 180E FIRM NO. 145, 78PLS FIRM N0. 10032400 2725 SWANINER DR, CORPUS CHRISTI, TO 78404 PHONE 381.854.3101 WWW.URBANENO.COM urbansurveyl®urbaneng.com 02018 by Urban Engineering Easements (4)\EX4271186020.016AC20180312C �.dwa Location Map MORGAN AVENUE ELIZABETH STREET CORPUS CHRIST/ BAY EXHIBIT I S:\Surveying\4271 1 \8 602\427118602 CTS Easements ( REV: 10/12/18 DATE: 04/11 /18 SCALE: NTS JOB NO.: 42711.B6.02 DRAWN BY: CTS tEURBAN ENGINEERING 18PE FIRM N0. 145. 18PLS FIRM N0. 10032400 2725 SWANTNER OR. CORPUS CHRIST. T% 78404 PHONE 381.854.3101 WWW.UR8ANENG.COM rbansurveyl®urbaneng.com 02018 byUrbc n Engineering ® CERTIFICATE OF LIABILITY INSURANCE � D ACCORD® DATE (MMIDDIYYYY) 4/18/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Los Angeles-Alliant Insurance Services, Inc. 333 S Hope St Ste 3750 Los Angeles CA 90071 CONTACT NAME: PHONE 213-443-2440 FAX (A/C, No, Ext). (A/C, No): ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Old Republic General Insurance Corp 24139 INSURED CHRIHEA-05 CHRISTUS Health Attn: Risk Finance Department 919 Hidden Ridge Irving TX 75038 INSURER B : AlGLN3001500 INSURER C : 11/30/2019 INSURER D : $2,000,000 INSURER E : INSURER F : X COVERAGES CERTIFICATE NUMBER: 1013980160 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY AlGLN3001500 11/30/2015 11/30/2019 EACH OCCURRENCE $2,000,000 CLAIMS -MADE X OCCUR DAMAGE PREM SESO(Ea occurrence) $300,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GE X 'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $4,000,000 $ AUTOMOBILE LIABILITY ANY AUTO AUTOS HIRED AUTOS AWNED CHEDULED NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N / A Al LWN3001500 11/30/2015 11/30/2019 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Spohn Shoreline The City of Corpus Christi is included as Additional Insured as respects Liability arising out of operations (work) performed by or on behalf of the Named Insured. Waiver of Subrogation applies as required by contract. Ten (10) Days Notice of Cancellation. CERTIFICATE HOLDER CANCELLATION The City of Corpus Christi, Traffic Engineering Division 1201 Leopard St. Corpus Christi TX 78401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT J DISCLOSURE OF INTERESTS EXHIBIT K City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Christi's Spohn Health System Corporation STREET: 600 Elizabeth Street CITY: Corpus Christi, Texas Zip: 78404 FIRM is:0Corporation °Partnership °Sole Owner ()Association 00ther DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) 1 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 N/A Title 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 N/A Board, Commission, or Committee 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 CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: e l Title: --P/tesidect- (Print Name) L. Signature of Certifying Person: ' Date: (- g"--/ K:SDEVELOPMENTSVCSISHAREDILAND DEVELOPME ' ' CATION FORMSSREZONING\DISCLOSURE OF INTERESTS STATEMENT_5.122015.DOC License Agreement for Christus Spohn Shoreline Hospital City Council Presentation October 30, 2018 Aerial Overview EngEbaN ear& Csuitregl ipp ,o M oow , pout At N 9 Roy Miller High School Christos Spohn Q Memorial Hospital ,CHRISTUS Spohn Hospital Corpus Christ - 0 Methodist Transplant Hospital.. Proposed Layout Staff Recommendation • Approval Utility Description 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 $60,000.00. 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 $60,000.00 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 Exhibit H Sketch to Accompany Fieldnotes, for a 0.016 Acre Privilege Agreement Easement, being portions of Elizabeth Street, 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. 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. 62, Pg. 130 M.R.N.C.T. SEE DETAIL "A" Point of Beginning 0.016 Acres 78 Sq. Feet LINE BEARING DISTANCE L1 S 85°44'06" W 2.095' L2 S 19°09'20" E 2.587' L3 S 85°44'06" W 8.726' L4 N 12°32'43" E 75.736' L5 N 85°44'09" E 9.402' L6 S 12°32'43" W 73.124' Third Street (60' Wide Right-of-WayM.R.N.C.T.) Vol. 1, Pg. 11, 0.016 Acres 678 Sq. Feet Portion of Third Street closed by City Ordinance No. 026403, Recorded in Doc. No. 2006049477, O.P.R.N.C.T.) L5 /Point of eginning L2 DETAIL "A" (1"=30') 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. 643, Pg. 144, D.R.N.C.T.) (Vol. 1, pg. 11, M.R.N.C.T.) S 85'44'06" W 631.028' ................................ O n 7 Lot 1 ° o ads -tea. rn60 � ;W c ?, a 11 9 0 Lo 2.5' ROW Closure Vol. 643, Pg. 144 D.R.N.C.T. Lot 14 Block XI Ocean View Vol. 1, Pg. 11 M.R.N.C.T. Lot 13 CTS N19°06'16"W 2.50' \ Point of Commencement Lot 1 REV: 10/12/18 DATE: 04/11/18 SCALE: 1 =60' JOB NO.: 42711.6602 DRAWN BY: CTS l URBAN ENGINEERING 180E FIRM NO. 145, 78PLS FIRM N0. 10032400 2725 SWANINER DR, CORPUS CHRISTI, TO 78404 PHONE 381.854.3101 WWW.URBANENO.COM urbansurveyl®urbaneng.com 02018 by Urban Engineering Easements (4)\EX4271186020.016AC20180312C �.dwa Location Map MORGAN AVENUE ELIZABETH STREET CORPUS CHRIST/ BAY EXHIBIT I S:\Surveying\4271 1 \8 602\427118602 CTS Easements ( REV: 10/12/18 DATE: 04/11 /18 SCALE: NTS JOB NO.: 42711.B6.02 DRAWN BY: CTS tEURBAN ENGINEERING 18PE FIRM N0. 145. 18PLS FIRM N0. 10032400 2725 SWANTNER OR. CORPUS CHRIST. T% 78404 PHONE 381.854.3101 WWW.UR8ANENG.COM rbansurveyl®urbaneng.com 02018 byUrbc n Engineering ® CERTIFICATE OF LIABILITY INSURANCE � D ACCORD® DATE (MMIDDIYYYY) 4/18/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Los Angeles-Alliant Insurance Services, Inc. 333 S Hope St Ste 3750 Los Angeles CA 90071 CONTACT NAME: PHONE 213-443-2440 FAX (A/C, No, Ext). (A/C, No): ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURERA:Old Republic General Insurance Corp 24139 INSURED CHRIHEA-05 CHRISTUS Health Attn: Risk Finance Department 919 Hidden Ridge Irving TX 75038 INSURER B : AlGLN3001500 INSURER C : 11/30/2019 INSURER D : $2,000,000 INSURER E : INSURER F : X COVERAGES CERTIFICATE NUMBER: 1013980160 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSD SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS A x COMMERCIAL GENERAL LIABILITY AlGLN3001500 11/30/2015 11/30/2019 EACH OCCURRENCE $2,000,000 CLAIMS -MADE X OCCUR DAMAGE PREM SESO(Ea occurrence) $300,000 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GE X 'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- JECT PER: LOC GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $4,000,000 $ AUTOMOBILE LIABILITY ANY AUTO AUTOS HIRED AUTOS AWNED CHEDULED NON -OWNED AUTOS COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENT ON $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVEN OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N / A Al LWN3001500 11/30/2015 11/30/2019 X PER STATUTE OTH- ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Re: Spohn Shoreline The City of Corpus Christi is included as Additional Insured as respects Liability arising out of operations (work) performed by or on behalf of the Named Insured. Waiver of Subrogation applies as required by contract. Ten (10) Days Notice of Cancellation. CERTIFICATE HOLDER CANCELLATION The City of Corpus Christi, Traffic Engineering Division 1201 Leopard St. Corpus Christi TX 78401 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2014/01) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD EXHIBIT J DISCLOSURE OF INTERESTS EXHIBIT K City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Christi's Spohn Health System Corporation STREET: 600 Elizabeth Street CITY: Corpus Christi, Texas Zip: 78404 FIRM is:0Corporation °Partnership °Sole Owner ()Association 00ther DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name N/A Job Title and City Department (if known) 1 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 N/A Title 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 N/A Board, Commission, or Committee 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 CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that 1 have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: e l Title: --P/tesidect- (Print Name) L. Signature of Certifying Person: ' Date: (- g"--/ K:SDEVELOPMENTSVCSISHAREDILAND DEVELOPME ' ' CATION FORMSSREZONING\DISCLOSURE OF INTERESTS STATEMENT_5.122015.DOC AGENDA MEMORANDUM Action Item for the City Council Meeting of November 13, 2018 DATE: November 6, 2018 TO: Keith Selman, Interim City Manager FROM: Sylvia Carrillo, Assistant City Manager sylviaca@cctexas.com 361.826.3189 Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Resolution for a Memorandum of Agreement between Nueces County and the City of Corpus Christi to pursue a countywide drainage study CAPTION: Resolution authorizing the City Manager to enter into a Memorandum of Agreement with Nueces County to pursue countywide drainage study. PURPOSE: The City and County wish to partner on a countywide drainage study. BACKGROUND AND FINDINGS: When Hurricane Harvey hit Nueces County in 2017 it further revealed the need to address drainage and stormwater management issues throughout the county. The City, Nueces County, neighboring cities, and drainage districts within the county and the Nueces River Authority have to date not participated in a study or plan on a countywide basis. Leaders in these organizations recognize the need to work cooperatively identify a wide -range of flooding, drainage, and water quality issues and establish best management practices to address them and to establish goals to: (1) Reduce flooding and mitigate flood damage, (2) improve water quality, (3) Promote best practices for land development, (4) Develop organizational and regulatory framework, and (5) Conduct public education and outreach. Goals for this cooperative effort include: 1. Pursue local, state and/or federal grant funding for the study, design, permitting, and construction and any other necessary authorizations for the implementation of strategies, initiatives, projects, repairs, improvements, policies, regulations, best practices, and other activities recommended by the study; 2. Endeavor to partner with other local, regional, state and/or federal agencies, jurisdictions, organizations or entities affected by the activities above; 3. Work with the appropriate state and local officials or agencies to maximize the efficiency of Hazard Mitigation Action Plan (HMAP) or Community Development Block Grant -Disaster Recovery (CDBG-DR) allocations to accomplish the activities above. 4. Select appropriate points of contact for applications, project development, strategic implementation, financial reporting and auditing as necessary to comply with relevant local ordinances, state and federal laws and regulations. The MOA does not commit any City resources at this time only to work cooperatively to pursue funding for the study. ALTERNATIVES: The Council can choose to: 1. Adopt the MOA. 2. Not adopt the MOA. OTHER CONSIDERATIONS: Nueces County is tentatively scheduled to consider adopting the MOA on November 14, 2018. CONFORMITY TO CITY POLICY: n/a EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: n/a FINANCIAL IMPACT: ❑ Operating ❑ Revenue El 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: None RECOMMENDATION: Staff recommends adoption of the resolution for the Memorandum of Agreement LIST OF SUPPORTING DOCUMENTS: Resolution Memorandum of Agreement RESOLUTION authorizing the City Manager to enter into a Memorandum of Agreement with Nueces County to pursue countywide drainage study WHEREAS, Nueces County, a political subdivision of the State of Texas, herein "County, and the City of Corpus Christi, a home rule municipality found in Nueces County, Texas, herein "City", are authorized by the Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code, to enter into a Memorandum of Agreement; WHEREAS, in 1986, a stormwater master plan study partially funded by grants from the Texas Department of Community Affairs and the Texas Water Development Board was completed to control stormwater within the unincorporated areas of Nueces County; and WHEREAS, Nueces County's Public Works Department is tasked with developing a Master Drainage Plan to identify priority floodplain areas and a comprehensive study to determine factors affecting storm water drainage and infrastructure improvements to improve drainage throughout the county; and WHEREAS, in 2007 Nueces County voted at a noticed meeting to issue a Request for Qualifications and Proposals to develop a Nueces County Master Drainage Plan. In October 31, 2007 a contract was awarded to Naismith Engineering, Inc. In February 17, 2010 Naismith Engineering presented the Nueces County Master Drainage Plan to Commissioners Court; and WHEREAS, between 2001 and 2006, the City of Corpus Christi put significant resources into the development of a Consolidated Stormwater Master Plan which included some best management practices to reduce non -point source pollution from stormwater and combine existing area specific drainage plans into a single plan, but the city ultimately did not officially adopt this product; and WHEREAS, Hurricane Harvey made landfall as a Category 4 hurricane on the Texas coast on Friday, August 25, 2017, and battered and drenched Texas for days before finally moving out of the state. The heavy rains from Harvey caused catastrophic flooding throughout the Coastal Bend Region, the Houston area and Southeast Texas and was the first major hurricane to make landfall along the Middle Texas Coast since Hurricane Celia in 1970; and, WHEREAS, many parts of Nueces County, including the cities of Corpus Christi and Port Aransas, were impacted by Hurricane Harvey's winds, floodwaters and storm surges resulting in damage to homes, businesses, public infrastructure, and other facilities; and WHEREAS, Nueces County's Multi -Jurisdictional Hazard Mitigation Action Plan, (HMAP) was adopted in 2018, which included Nueces County, Aqua Dulce, Bishop, Page 1 of 3 Driscoll, Corpus Christi, Driscoll, Petronila, Port Aransas, Robstown, and The Corpus Christi Port Authority and the County's HMAP addressed all hazards affecting the County, such as flood, thunderstorms, wildfires, drought and hurricane winds; and WHERAS, both the County and the City received allocations for Hurricane Harvey through the Texas General Land Office (GLO) for projects that address Local Acquisition and Buyout and projects that address Local Infrastructure using Community Development Block Grant -Disaster Recovery (CDBG-DR) funds from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, both the County and City desire to conduct an updated countywide drainage master plan to identify a wide -range of flooding, drainage, and water quality issues and establish best management practices to address them and to establish goals to: (1) Reduce flooding and mitigate flood damage, (2) improve water quality, (3) Promote best practices for land development, (4) Develop organizational and regulatory framework, and (5) Conduct public education and outreach NOW, THEREFORE, BE IT RESOLVED, BY THE CITY OF CORPUS CHRISTI, TEXAS: The City Manager of designee is authorized to enter into a Memorandum of Agreement with the county to accomplish the following goals: 1. Pursue local, state and/or federal grant funding for a countywide drainage study, design, permitting, and construction and any other necessary authorizations for the implementation of strategies, initiatives, projects, repairs, improvements, policies, regulations, best practices, and other activities recommended by the study; 2. Endeavor to work with other local, regional, state and/or federal agencies, jurisdictions, organizations, or entities affected by the activities above; 3. Work with the appropriate state and local officials or agencies to maximize the efficiency of HMAP or CDBG-DR allocations to accomplish the activities above; and 4. Select appropriate points of contact for applications, project development, strategic implementation, financial reporting and auditing as necessary to comply with relevant local ordinances, state and federal laws and regulations. This resolution takes effect upon City Council approval on this the Thirteenth day of November, 2018. Page 2 of 3 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor The above resolution was passed by the following vote: Joe McComb Everett Roy Ben Molina Vacant Greg Smith Rudy Garza, Jr. Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Page 3 of 3 1 Memorandum of Agreement Between the City of Corpus Christi and Nueces County WHEREAS, Nueces County, a political subdivision of the State of Texas, herein "County, and the City of Corpus Christi, a home rule municipality found in Nueces County, Texas, herein "City", are authorized by the Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code, to enter into a Memorandum of Agreement; WHEREAS, in 1986, a stormwater master plan study partially funded by grants from the Texas Department of Community Affairs and the Texas Water Development Board was completed to control stormwater within the unincorporated areas of Nueces County; and WHEREAS, Nueces County's Public Works Department is tasked with developing a Master Drainage Plan to identify priority floodplain areas and a comprehensive study to determine factors affecting storm water drainage and infrastructure improvements to improve drainage throughout the county; and WHEREAS, in 2007 Nueces County voted at a noticed meeting to issue a Request for Qualifications and Proposals to develop a Nueces County Master Drainage Plan. In October 31, 2007 a contract was awarded to Naismith Engineering, Inc. In February 17, 2010 Naismith Engineering presented the Nueces County Master Drainage Plan to Commissioners Court; and WHEREAS, between 2001 and 2006, the City of Corpus Christi put significant resources into the development of a Consolidated Stormwater Master Plan which included some best management practices to reduce non -point source pollution from stormwater and combine existing area specific drainage plans into a single plan, but the city ultimately did not officially adopt this product; and WHEREAS, Hurricane Harvey made landfall as a Category 4 hurricane on the Texas coast on Friday, August 25, 2017, and battered and drenched Texas for days before finally moving out of the state. The heavy rains from Harvey caused catastrophic flooding throughout the Coastal Bend Region, the Houston area and Southeast Texas and was the first major hurricane to make landfall along the Middle Texas Coast since Hurricane Celia in 1970; and, WHEREAS, many parts of Nueces County, including the cities of Corpus Christi and Port Aransas, were impacted by Hurricane Harvey's winds, floodwaters and storm surges resulting in damage to homes, businesses, public infrastructure, and other facilities; and WHEREAS, Nueces County's Multi -Jurisdictional Hazard Mitigation Action Plan, (HMAP) was adopted in 2018, which included Nueces County, Aqua Dulce, Bishop, Driscoll, Corpus Christi, Driscoll, Petronila, Port Aransas, Robstown, and The Corpus 2 Christi Port Authority and the County's HMAP addressed all hazards affecting the County, such as flood, thunderstorms, wildfires, drought and hurricane winds; and WHEREAS, both the County and the City received allocations for Hurricane Harvey through the Texas General Land Office (GLO) for projects that address Local Acquisition and Buyout and projects that address Local Infrastructure using Community Development Block Grant -Disaster Recovery (CDBG-DR) funds from the U.S. Department of Housing and Urban Development (HUD); and WHEREAS, both the County and City desire to conduct an updated countywide drainage master plan to identify a wide -range of flooding, drainage, and water quality issues and establish best management practices to address them and to establish goals to: (1) Reduce flooding and mitigate flood damage, (2) improve water quality, (3) Promote best practices for land development, (4) Develop organizational and regulatory framework, and (5) Conduct public education and outreach NOW, THEREFORE, the County and City agree to address the drainage needs in areas of mutual concern, as follows: ARTICLE I OBJECTIVES AND ACTIONS The County and City shall: 1. Pursue local, state and/or federal grant funding for a countywide drainage study, design, permitting, and construction and any other necessary authorizations for the implementation of strategies, initiatives, projects, repairs, improvements, policies, regulations, best practices, and other activities recommended by the study; 2. Work with other local, regional, state and/or federal agencies, jurisdictions, organizations, or entities affected by the activities above; 3. Work with the appropriate state and local officials or agencies to maximize the efficiency of HMAP or CDBG-DR allocations to accomplish the activities above; and 4. Select appropriate points of contact for applications, project development, strategic implementation, financial reporting and auditing as necessary to comply with relevant local ordinances, state and federal laws and regulations. 3 ARTICLE II GENERAL PROVISIONS 2.1 The Effective Date of this Memorandum of Understanding shall be date when the last signer below is shown to have signed the Memorandum. WITNESS OUR SIGNATURES on the dates indicated below: The City of Corpus Christi By: Samuel Keith Selman, Interim City Manager Date Signed: Nueces County By: Date Signed: 4 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 13, 2018 Second Reading Ordinance for the City Council Meeting of November 27, 2018 DATE: October 24, 2018 TO: FROM: Keith Selman, Interim City Manager lain Vasey (361) 882-7448 ivasey@ccredc.com First Reading Ordinance - Type B Grant for LaVista Pointe, LP CAPTION: Ordinance approving a Business Incentive Agreement between the Type B Corporation and LaVista Pointe, LP, to provide a grant of up to $625,000, for infrastructure construction to enhance economic development; appropriating said funds from the Type B Fund; and amending the budget. PURPOSE: LaVista Point will construct a 150 -apartment project on the northwest end of the North Beach with a marina, a chapel, and a light house that will be the landmark entrance to Corpus Christi. BACKGROUND AND FINDINGS: LaVista Pointe is backed by the same developer who is building Barisi Village in Pharaoh Valley. They are a registered business in Texas. This is for North beach which is designated as a Texas Enterprise Zone by the state. To be so designated, the area at least 20% of the residents have an income below the federal poverty level. The current value of the land is $998,465. The added value will increase the taxes collected over 10 years from $60,533 up to $806,331. The proposed Type B incentive award of $625,000, will result in a 24.4% return on investment and a payback of 4.6 years. ALTERNATIVES: None OTHER CONSIDERATIONS: This will be a start on the redeveloping North Beach. CONFORMITY TO CITY POLICY: This project is consistent with the City's stated goals of promoting economic development and incentivizing business to expand and thrive in downtown Corpus Christi. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: 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 625,000 625,000 Encumbered / Expended Amount This item 625,000 625,000 BALANCE 0 0 Fund: Type B 1145 RECOMMENDATION: Staff recommends approval of the Type A Grant to LaVista Pointe, in the amount of $625,000 for infrastructure construction to enhance economic development. LIST OF SUPPORTING DOCUMENTS: Ordinance — LaVista Pointe Agreement - LaVista Pointe Page 1 of 2 Ordinance approving a Business Incentive Agreement between the Corpus Christi B Corporation and LaVista Pointe, LP, to provide a grant of up to $625,000, for infrastructure improvements to enhance economic development; appropriating said funds from the Type B Fund; and amending the budget. Whereas, the Corpus Christi B Corporation ("Type B Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). Whereas, the Type B Corporation has requested proposals from businesses that will create or retain jobs and to promote and develop new and expanded business enterprises within the City, and determined that the proposal from LaVista Pointe, LP, ("LaVista") to build a 150 -apartment complex on the north end of North Beach and create jobs over a five-year period will best satisfy this goal; Whereas, City Council deems that it is in the best interest of the City and citizens to approve the business incentive agreement for creation of jobs and infrastructure improvements between the Type B Corporation and LaVista; Whereas, the Board of the Directors of the Type B Corporation (the "Board") approved an agreement with LaVista for an incentive in an amount not to exceed $625,000 at its meeting on September 17, 2018. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the business incentive agreement between the Type B Corporation and LaVista, which provides for the creation of jobs and the construction of infrastructure improvements to enhance economic development, within the City of Corpus Christi, is approved. SECTION 2. That $625,000 from the unreserved fund balance in the No. 1145 Type B Fund is appropriated for a business incentive grant from the Type B Corporation to LaVista for infrastructure construction to enhance economic development. SECTION 3. That Ordinance No. 031548, which adopted the FY 2018-2019 Operating Fund, is amended to increase proposed expenditures in the No. 1145 Type B Fund by $625,000 for a business incentive grant from the Type B Corporation to LaVista for infrastructure improvements to enhance economic development. ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary LaVista Pointe Joe McComb Mayor Corpus Christi, Texas of Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor LaVista Pointe BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND LAVISTA POINTE, LP FOR CREATION AND RETENTION OF JOBS This Business Incentive Agreement for Capital Investments and the Creation and Retention of Jobs ("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and LaVista Pointe, LP ("Company"), a Texas limited partnership. WHEREAS, the Texas Legislature in Chapter 501 et seq. of the Local Government Code (Development Corporation Act of 1979) (the "Act") empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City passed Proposition 1, Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for (1) 50% to the promotion and development of new and expanded enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the Corpus Christi B Corporation Board; WHEREAS, the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, Section 501.073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, Company proposes to develop a 150 -apartment complex on North Beach, which will include an iconic lighthouse, located 4933 West Causeway Boulevard, which is in a designated Texas Enterprise Zone (the "Project"); WHEREAS, Company proposes to invest approximately $14 million over a five-year period; 1 Type B Business Incentive Agreement LaVista WHEREAS, on September 17, 2018, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Company, through this Agreement with Company, to be used by Company to develop the Project with its iconic lighthouse feature. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Company agree as follows: 1. Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement, or the date this Agreement has been finally approved by the City's City Council. Company understands that this Agreement is dependent upon the approval of City Council. 2. Term. The term of this Agreement is for five years beginning on the Effective Date. 3. Performance Requirements. a. Company agrees to use the $625,000 described below to pay for the creation of certain infrastructure improvements allowed under Section 501.103 of the Texas Local Government Code needed for the Project. b. Company agrees to provide the Corporation with a sworn certificate by an authorized representative of the Company, certifying the amount used for infrastructure improvements. c. Company will provide the Corporation with a detailed list of infrastructure expenditures each year within 30 days of the anniversary of the Effective Date until construction is complete. d. During the term of this Agreement, the Project will create at least eight new full- time equivalent positions in the City of Corpus Christi. e. During the term of this Agreement, Company will invest at least $14,000,000 in the Project. Investment may include borrowed funds. f. Company will begin construction on the Project on or before July 1, 2019. If Company fails to begin construction by July 1, 2019, this Agreement will automatically terminate. 4. Grant Award. a. The Corporation will grant Company the amount of $625,000, to be paid to Company so long as all of the terms and conditions of the Agreement are met prior to the Agreement's expiration or earlier termination. 2 Type B Business Incentive Agreement LaVista i}� b. The grant ($625,000) will be paid to the Company within 60 days after Company provides documentation that it has received a permanent certificate of occupancy for the Project issued by the City's Development Services department. Along with the Certificate of Occupancy, Company must submit certification that there are no mechanics, contractor's or materialman's liens against the property and provide documentation establishing that all other performance requirements, including the creation of jobs, have been met. If Company does not provide the required documentation prior to the end of the Term, this Agreement shall expire, and Company shall not be entitled to the grant funds. 5. Utilization of Local Contractors and Suppliers. Company agrees to exercise reasonable efforts in utilizing local contractors and suppliers, when available, in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50 -mile radius of Nueces County. Company agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Company to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Company is in compliance with this requirement. Failure to substantially comply with this requirement shall be a default hereunder. 6. Utilization of Disadvantaged Business Enterprises ("DBE'). Company agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be DBEs, including minority business enterprises, women -owned business enterprises and historically -underutilized business enterprises when available, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Company agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to DBEs, with a priority made for DBEs which are local. Company agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of Company to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if 3 Type B Business Incentive Agreement LaVista �1 Company is in compliance with this requirement. Failure to substantially comply with this requirement, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be DBEs, including minority business enterprises, women -owned business enterprises and historically -underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 7. Living Wage Requirement. In order to count as a permanent full-time job under this agreement, the job should provide a "living wage" for the employee. The target living wage under this Agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 8. Health Insurance. To qualify for this incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. The health insurance program must comply with all applicable laws. 9. Warranties. Company warrants and represents to Corporation the following: a. Company is a limited partnership duly organized, validly existing, and in good standing under the laws of the State of Texas, has all power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Company has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Company has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Company has received a copy of the Act and acknowledges that the funds granted under this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of Company is duly authorized to execute this Agreement on behalf of Company. 4 Type B Business Incentive Agreement LaVista f. Company does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Company is convicted of a violation under 8 U.S.C. Section 1324a(f), Company shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Company has been notified of the violation. 10. Compliance with Laws. During the Term of this Agreement, Company shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 11. Non -Discrimination. Company covenants and agrees that Company will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Project, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure. If the Corporation or Company are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Company are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 13. Assignment. Company may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Such approval will not be unreasonably denied. Any attempted assignment without approval is void and constitutes a breach of this Agreement. 14. Indemnity. Company covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees') against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any 5 Type B Business Incentive Agreement LaVista kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Company's activities conducted under or incidental to this Agreement, except to the extent that such injury, loss, or damage is caused by the negligence or willful misconduct of the Indemnitees. Company must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default by Company. The following events constitute a default of this Agreement by Company: a. The Corporation or City determines that any representation or warranty on behalf of Company contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Company or any attachment or other levy against the property of Company with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Company makes an assignment for the benefit of creditors. d. Company files a petition in bankruptcy or is adjudicated insolvent or bankrupt. e. If taxes owed by Company become delinquent, and Company fails to timely and properly follow the legal procedures for protest or contest. f. Company changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. Company fails to comply with one or more terms of this Agreement. 16. Notice of Default. Should the Corporation or City determine that Company is in default according to the terms of this Agreement, the Corporation or City shall notify 6 Type B Business Incentive Agreement LaVista Company in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Company to cure the event of default. 17. Results of Uncured Default by Company. After exhausting good faith attempts to address any default during the Cure Period and taking into account any extenuating circumstances that might have occurred through no fault of Company, as determined by the Board of Directors of the Corporation, the following actions may be taken for any default that remains uncured after the Cure Period. a. Company shall immediately repay all funds paid by Corporation to it under this Agreement. b. Company shall pay Corporation's reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Company of all sums due, the Corporation and Company shall have no further obligations to one another under this Agreement. 18. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Company's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Company is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 7 Type B Business Incentive Agreement LaVista 19. Company specifically agrees that Corporation shall only be liable to Company for the actual amount of the money grants to be conveyed to Company, and shall not be liable to Company for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Company to be accompanied by all necessary supporting documentation. 20. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 21. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Company: LaVista Pointe, LP Attn: Jeffory D. Blackard 401 Adriatica Parkway, 7th Floor McKinney, TX 75070 8 Type B Business Incentive Agreement LaVista Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 23. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 24. Relationship of Parties. In performing this Agreement, both the Corporation and Company will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 25. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or 9 Type B Business Incentive Agreement LaVista of\ unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Company. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14 shall survive the termination of this Agreement. (Remainder of this page intentionally left blank) 10 Type B Business Incentive Agreement LaVista Corpus Christi B Corporation By: Scott Harris President Date: Attest: By: Rebecca Huerta Assistant Secretary LaVista Pointe, LP By Blackard General Partner III nc., the general partner or LaVista Pointe, LP By: Jeffory Blackard President Date: t) ) 2v\ g THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on QgUe-MJO-C 1 , 2018, by Jeffory Blackard, President of Blackard General Partner III, Inc., a Texas corporation, on behalf of the corporation. Notary Public State of Texas Type B Business Incentive Agreement LaVista ,.•``PrP''., BENJAMIN ROLLINS .�� °ems ?:°;;• ei Notary Public, State of Texas =�4. 'e= Comm. Expires 06-21-2022 '%n%%%%%%%% Notary ID 13182201-0 11 A Report of the Economic Impact of LaVista Pointe in Corpus Christi, Texas May 16, 2018 Prepared for: Corpus Christi Regional Economic Development Corporation One Shoreline Plaza 800 North Shoreline Suite 1300 South Corpus Christi, TX 78401 Prepared by: Impact DataSource 4709 Cap Rock Drive Austin, Texas 78735 (512) 892-0205 Fax (512) 892-2569 www.impactdatasource.com ■. •'::: IMPACT 1.111 DataSource Table of Contents The Report: Introduction 3 Summary of the Results of the Analysis 3 Description of the Facility 5 Economic Impact of the Firm 5 Costs and Benefits for Local Taxing Districts 6 Net Benefits to be Received by the City from the Firm and New Workers 9 Possible Tax Abatement the May be Available to the Firm 10 Analysis of Possible Incentives that May be Offered to the Firm 10 Conduct of the Analysis 11 About Impact DataSource 12 Data and Rates Used in the Analysis 13 Schedules Showing the Results of Economic Impact Calculations 20 Schedules Showing the Results of Costs and Benefits Calculations: City of Corpus Christi 25 Nueces County 28 Corpus Christi Independent School District 29 Del Mar College 31 Hospital District 31 Corpus Christi Crime Control District 32 Corpus Christi MTA 33 Page 2 New Net Revenues for the City over Ten Years J A Report of the Projected Economic Impact from LaVista Pointe Introduction This report presents the results of an economic impact analysis performed by Impact DataSource, Austin, Texas. The analysis was to determine the impact that LaVista Pointe will have on the economy of the Corpus Christi area and the costs and benefits for local taxing districts over the next ten years. Summary of the Results of the Analysis The analysis shows that the City of Corpus Christi will receive the following additional new net revenues from the company's facility in Corpus Christi and from direct and indirect workers over the next ten years: Tax Abatement New net revenues Present value of new net revenues $1,522,597 $1,097,682 The City of Corpus Christi is considering abating the firm's property taxes at the following percentages: Percentage of Taxes to be Abated Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% Page 3 If taxes are abated, as proposed, the following property taxes will be abated by the city: City Taxes to be Abated Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 so so so so so so so so so so Total $0 Type A Corporation Incentives The Type A corporation is considering incentives for the company to create engineering jobs in the city. These possible incentives may have the following average annual rate of return and payback period: Return and Payback on Tax Revenues for the City Net revenues for the City over the next five years Net revenues for the City over the next ten years Analysis of possible incentives for the firm: Average Annual Rate of Return Payback on the Period Type A of Corporation's Incentives Possible Investment to the City, Incentives Incentives in Years $625,000 24.4% 4.6 $683,170 $1,522,597 Page 4 Total Possible City and Type A Corporation Incentive Package The estimated possible incentive package for the project is shown below. Possible Incentive Package City tax abatement, 50% for five years Type A corporation cash incentives with 4.6 year payback Total $0 $625,000 $625,000 Description of Facility LaVista Pointe is a proposed 150 unit apartment complex and 25 boat dock slips. Monthly rents on apartment units will be about $1,000 and rentals on each slip will be about $280 a month. The developer will invest $15 million in the facility. The project will create eight new jobs with an annual payroll of $280,000. The Economic Impact of the Company over the Next 10 Years The company, its workers and workers in indirect jobs created in the community will have the following economic impact on the Corpus Christi area over the next ten years: Economic Impact of the Company Operations Over the Next 10 Years Total number of new direct and indirect jobs to be created Number of direct and indirect workers who will move to the City Number of new residents in the City Number of new residential properties to be built in the City Number of new students expected in Corpus Christi ISD Salaries to be paid to direct and indirect workers Taxable sales and purchases expected in the City The value of new residential property to be built for direct and indirect workers who move to the City by Year 10 The firm's property added to local tax rolls 12 0 0 0 0 $5,441,975 $10,342,640 $0 $14,000,000 How this economic activity translates into costs and benefits for local taxing districts is discussed next. Page 5 Costs and Benefits for Local Taxing Districts over the Next 10 Years Local taxing districts can expect costs and benefits over the next ten years from operations of the firm, its workers and workers in indirect jobs created in the community. These costs and benefits are scheduled below, beginning with the revenues that will be received by local taxing districts. Revenues for Local Taxing Districts Public Revenues from the Firm's Operations over Next Ten Years Sales Taxes Property Taxes Utility Revenues Utility Franchise Fees City of Corpus Christi Nueces County Corpus Christi ISD Port of Corpus Christi Del Mar College Hospital District Corpus Christi Crime Control District Corpus Christi MTA Total $142,211 $12,928 $51,713 $206,853 $929,379 $472,138 $1,897,039 $0 $397,333 $185,944 $3,881,833 $5,764,747 $5,764,747 $162,769 $162,769 Hotel Occupancy Taxes Other Taxes and User Fees Additional State and Federal School Funding Total Revenues City of Corpus Christi Nueces County Corpus Christi ISD Port of Corpus Christi Del Mar College Hospital District Corpus Christi Crime Control District Corpus Christi MTA Total $0 $0 $0 $0 $0 $0 $6,999,107 $472,138 $1,897,039 $0 $397,333 $185,944 $12,928 $51,713 $10,016,202 Page 6 Costs for Local Taxing Districts While local taxing districts will receive revenues from the firm, its workers and from indirect workers, local districts may also incur additional costs. The following costs will be incurred over the next ten years, as a result of the firm's operations in Corpus Christi. Public Costs from the Firm's Operations Over the Next Ten Years Costs of Providing Monthly Cost of Costs of Utilities to the Municipal Providing Facility and Services for Services to New New to New Residents Residents Students Total City of Corpus Christi $5,476,510 $0 Nueces County Corpus Christi ISD Port of Corpus Christi Del Mar College Hospital District Corpus Christi Crime Control District Corpus Christi MTA Total so $5,476,510 $0 $0 $0 $0 $0 $0 so $5,476,510 $0 $0 $5,476,510 Page 7 Net Benefits for Local Taxing Districts The net benefits from the firm's operations for local taxing districts over the next 10 years will be as follows: Net Benefits Over the First 10 Years from the Firm's Operations Benefits Net Costs Benefits City of Corpus Christi Nueces County Corpus Christi ISD Port of Corpus Christi Del Mar College Hospital District Corpus Christi Crime Control District Corpus Christi MTA Total $6,999,107 $5,476,510 $1,522,597 $472,138 $0 $472,138 $1,897,039 $0 $1,897,039 $0 $0 $0 $397,333 $0 $397,333 $185,944 $0 $185,944 $12,928 $0 $12,928 $51,713 $0 $51,713 $10,016,202 $5,476,510 $4,539,692 Discounted Cash Flow for Local Taxing Districts The discounted cash flow over the next ten years for each taxing district from the firm's operations is shown below: Discounted Cash Flow Over the Next 10 Years City of Corpus Christi Nueces County Corpus Christi ISD Port of Corpus Christi Del Mar College Hospital District Corpus Christi Crime Control District Corpus Christi MTA Total $1,097,682 $344,217 $1,383,054 $0 $289,679 $135,564 $9,374 $37,496 $3,297,065 The above discounted cash flow or present value of net benefits is a way of expressing in today's dollars, dollars to be paid or received in the future. Today's dollar and a dollar to be received or paid at differing times in the future are not comparable because of the time value of money. The time value of money is the interest rate or each taxing district's discount rate. This analysis uses a discount rate of 6% to make the dollars comparable -- by expressing them in today's dollars or in present value. Page 8 Net Benefits to be Received by the City of Corpus Christi from (1) the Firm and (2) New Workers Over the First Ten Years The City of Corpus Christi will receive benefits from spending and investments by the firm and from spending by workers. These benefits, over the next 10 years, are shown below for these two categories. Schedule of Benefits for the City from the Firm and New Workers Benefits from: Total The Firm Workers Benefits Revenues: Sales taxes $116,022 $26,190 $142,211 Property taxes $929,379 $0 $929,379 Utility revenues $5,764,747 $0 $5,764,747 Utility franchise fees $162,769 $0 $162,769 Other taxes and user fees $0 $0 Hotel -motel taxes $0 $0 Total revenues Costs: Costs of providing utilities Costs of providing municipal services for new residents $6,972,917 $26,190 $6,999,107 $5,476,510 $0 $5,476,510 $0 $0 Total costs: $5,476,510 $0 $5,476,510 Net benefits $1,496,407 $26,190 $1,522,597 Percent of total net benefits 98% 2% for the City Page 9 Tax Abatement that May Be Available to the Firm The City of Corpus Christi is considering abating the firm's property taxes at the following percentages: Percentage of Taxes to be Abated Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Year 9 Year 10 0% 0% 0% 0% 0% 0% 0% 0% 0% 0% If taxes are abated, as proposed, the following property taxes will be abated: City Taxes to be Abated Year 1 $0 Year 2 $0 Year 3 $0 Year 4 $0 Year 5 $0 Year 6 $0 Year 7 $0 Year 8 $0 Year 9 $0 Year 10 $0 Total $0 Analysis of Possible Incentives that May be Offered to the Firm The Type A corporation may considering other incentives for the company to add property to local tax rolls and create new jobs in the city. This analysis considers the possible Type A corporation's incentives that may be provided to the firm as a public investment for the benefit of the City. The returns on this investment are the additional net benefits that the City will receive from the firm, its workers and workers in indirect jobs created in the community, in the form of additional taxes and other revenues. Page 10 Four calculations analyzing this investment were made -- net benefits, discounted cash flow, rate of return on investment and payback period. Total net benefits and discounted cash flow for the City are scheduled above. Rate of return on investment and payback period are discussed and scheduled below. Rate of return on investment is the average annual rate of return, over each of the next ten years, that the City will receive from additional revenues as a result of the City's investment in the facility. Payback period is the number of years that it will take the City to recover the investment from revenues that the City will receive from the firm and its new direct and indirect employees. The average annual rates of return on investment over the next ten years and the investment payback period on the Type A corporation's possible incentives for the company are shown below: Return and Payback on Tax Revenues for the City Net revenues for the City over the next five years Net revenues for the City over the next ten years Analysis of possible incentives for the firm: Average Annual Rate of Return Payback on the Period Type A of Corporation's Incentives Possible Investment to the City, Incentives Incentives in Years $625,000 24.4% 4.6 $683,170 $1,522,597 Conduct of the Analysis This analysis was conducted by Impact DataSource using data, rates and information supplied by the firm to the Corpus Christi Regional Economic Development Corporation and other information supplied by the CCREDC. In addition, Impact DataSource used certain estimates and assumptions. Using this data, the economic impact from the facility and the costs and benefits for the City of Corpus Christi and other local taxing districts were calculated for a ten year period. In addition to the direct economic impact of the firm and its employees, spin-off or indirect and induced benefits were also calculated. Indirect jobs and salaries will be created in new or existing area firms, such as office supply companies and air conditioning service firms, that may supply goods and services to the firm. In addition, induced jobs and salaries are created in new or existing local businesses, such as retail stores, gas stations, banks, restaurants, and service companies that may supply goods and services to new workers and their families. Page 11 To estimate the indirect and induced economic impact of the facility and its employees on the Corpus Christi area, regional economic multipliers were used. Regional economic multipliers for Texas and areas of the state are included in the US Department of Commerce's Regional Input -Output Modeling System (RIMS II). Two types of regional economic multipliers were used in this analysis: an employment multiplier and an earnings multiplier. An employment multiplier was used to estimate the number of indirect and induced jobs created and supported in the Corpus Christi area. An earnings multiplier was used to estimate the amount of salaries to be paid to workers in these new indirect and induced jobs. The multipliers show the estimated number of indirect and induced jobs created for every one direct job at the facility and the amount of salaries paid to these workers for every dollar paid to a direct worker at the facility. The multipliers used in this analysis are the following: Employment multiplier Earnings multiplier 0.4480 0.7348 About Impact DataSource Impact DataSource is 24 -year-old Austin economic consulting, research and analysis firm. The firm has conducted economic impact analyses of numerous projects in Texas and 39 other states. In addition, the firm has developed economic impact analysis computer programs for several clients, including the New Mexico Economic Development Department. The firm's principal, Jerry Walker, performed this economic impact analysis. He is an economist and has Bachelor of Science and Master of Business Administration degrees in accounting and economics from Nicholls State University, Thibodaux, Louisiana. Data used in the analysis, along with schedules of the results of calculations, are on the following pages. Page 12 Corpus Christi City Council /CCREDC LaVista Pointe mon. mnm n• im �Yu.nn.P.n••n...n.dn. ..0.1°"""1-WU!... nn.Ynn..u.n.uA ppy AEI Nu...u.P..n..nn. t [! EYfll�3�p�CnlNl[.PnnP.Y..1.1MEMA... ., un.Y_.Y.nnnn.en _ ;1 �n.ur.uw.+Arnrn.nn .' _t,_. .nnr.urn •.• yin. nn+p,rwnw.,.{"s��y to '� Corpus 'Christi WEE.10 rc+a.ar�ruc n.veLO.wnar cnvo.nrOW 1111010* Economic Development Tools • Located with a Texas Enterprise Zone -20% of residents below poverty line. • $14 million in investment • 8 full-time jobs • Begin construction by July 1, 2019 • Must have the certificate of Occupancy on the whole project before the grant is paid out. (rear loaded) • Complies with new Type B guidelines following the City Council/Type B Board/CCREDC workshop • To be used for infrastructure • In the next ten years the the City would receive$60,533 without development. With this development the City will receive $806,331 over the same ten years. Return on Investment of 24.4% and a payback of 4.6 years LaVista Pointe will be located on the northwest end of North Beach at entrance to Corpus Christi Project Site Plan 4 -11 11111111 -mM -ir emilMid= - "MN1. Thank you AGENDA MEMORANDUM First Reading Item for the City Council Meeting of November 13, 2018 Second Reading Item for the City Council Meeting of November 27, 2018 DATE: TO: Keith Selman, Interim City Manager FROM: Becky Perrin, Interim Director of Parks and Recreation BeckyP@cctexas.com; 361-826-3464 November 11, 2018 Approve sale of parkland CAPTION: Ordinance approving the sale of Creekway Park (7306 Prairie) to Abel Garza, Jr. and Cynthia P. Garza for $85,000 PURPOSE: To approve the sale of park property and authorize execution of documents to finalize real estate sales transactions. BACKGROUND AND FINDINGS: In October 2012, the Parks & Recreation Master Plan is approved by City Council and identified 27 parks to be repurposed by means of adoption, lease, transfer to another government entity, sale or allowing them to return to a natural state. Three of 27 were repurposed and/or adopted shortly after the plan was approved. In June and July 2014, public hearings were held at City Council to place the remaining 24 parks on the ballot for approval of voters to sell. During this time, seven additional parks were adopted or transferred to another agency for maintenance and removed from list to be considered by voters. Ballot language for Proposition 3 — Sale of City Parkland for the remaining 17 parks was established. In September 2014, City Council passed a resolution mandating the proceeds of sales were to be reinvested in existing parks and established a process for notification to adjacent landowners prior to each sale. In November 2014, voters approved Proposition 3 to authorize the city to list designated park properties for sale. In early 2015, the City elected the vehicle for selling the properties would be to list them with a licensed real estate broker and negotiate the highest cash offer for each property. Three parks were removed from the list because leases or sales with governmental entities are being explored. The Clower Company (TCC) was identified through the request for qualification process to represent the City in the transactions. The properties were listed for sale in a multiple listing service on January 24, 2016. Signs were posted at the parks and TCC made contact with all entities who had expressed interest in the parks since Proposition 3 was approved. In addition, residents within 500 feet of each park were notified by mail that the park was being listed for sale. While there has been interest in each of the properties, the negotiated cash offers have been received for the three properties presented today. By state law, the city may only accept the highest cash offer for each property. By city ordinance, the proceeds from the sale of the parks must be reinvested in the park system according to the 2012 Parks & Recreation Master Plan. Home and property owners within 500 feet of each of the parks being considered for sale today were notified via mail of the agenda item and the opportunity to make public comment. In addition, a sign was posted in the park noting the time and date of this city council meeting The properties will be sold "As -Is" and the City will not incur the cost of removing any existing equipment or buildings as a condition of sale. Any utilities required for development would be modified/improved at the cost of developer/purchaser. In addition, any zoning changes should be handled by the developer/purchaser on an individual basis. ALTERNATIVES: Do not approve sale of parkland properties. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: City Council must approve real estate transactions. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal, Finance 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: none RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Contract Presentation Ordinance approving the sale of Creekway Park (7306 Prairie) to Abel Garza, Jr. and Cynthia P. Garza for $85,000 Whereas, pursuant to Resolution 030211, Ordinance 030253, and Texas Local Government Code section 253.001, an election was held on November 4, 2014 which authorized sale of certain parklands; Whereas, the City entered into a broker agreement pursuant to Texas Local Government Code section 253.014 and the broker has submitted the highest cash offer received; Whereas, as required in Resolution 030278, at least 10 days prior to the first reading of this ordinance, notice was sent to the property owners within 500 feet of the park land to be sold giving notice of the time, date, and location of the council meeting, contact phone number; and a statement that interested parties may appear; and signage was posted at each park; Whereas, Texas Local Government Code Section 253.001 requires the governing body to adopt an ordinance directing the municipality's mayor or city manager to execute the conveyances; Now, therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The statements made in the recital paragraphs of this ordinance are true and correct and incorporated into this ordinance. SECTION 2. That the following sale of surplus property with any and all improvements thereon is hereby approved: Creekway Park at or near 7306 Prairie, Corpus Christi, Texas, to Abel Garza, Jr. and Cynthia P. Garza for $85,000. SECTION 3. That the City Manager is authorized to execute any and all documents necessary to complete the real estate sales transactions including but not limited to zoning and plat applications, and all closing documents including special warranty deeds. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Mayor Joe McComb Ben Molina Rudy Garza Everettt Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor TEXAS ASSOCIATION OF REALTORS' COMMERCIAL CONTRACT - UNIMPROVED PROPERTY USE OF THIS FORM SY PERSONS WHO ARE NOS MEMBERS OF NE TE!ZAS ASSOCIATION OF REAL:TORSO IS NOT :AUTHORiZEti. Cremes Aasociatiom.nf REALTOHS1,.Inc.2014 PARTIES: Seller agrees to sell and convey to Buyer the Property described .in Paragraph 2. Buyer agrees to buy the Property from Seller for the sales price stated in Paragraph 3. The parties to this contract are: Seller: City of Cornus Christi. a Texas municipal corporation Address: 1201 Leonard St. Corpus Christi. Texas 78401 Phone: E-mail: Fax; Other. Buyer: Abel Garza, Jr. & Cvnthia P. Garza Address: 1447 [tiff Mails Corpus Christi, Texas 78401 Phone: 361.947,5896 E-mail; abelspavincinamail.com Fax: Other: 2. PROPERTY: A, "Property" means that real property situated in Nueces County, Texas at .7244 Praire, CC, Texas (address) and that is .legally described on the attached Exhibit "A" or as follows: An unimproved tract of land of land located at 7244 Praire known as Creekway Park being legally described as Creekway, Lot 1, Block 3, Corpus Christi, Nueces County Texas with any and all improvements contained thereon. NCAD Tax ID #1968-0003-0010. See Exhibit "A" attached hereto. B. Seller will sell and convey the Property together with: (1) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest _ „ . r _ ' _ 3 3 7 - - _ 7 Y (2) Seller's interest in all leases, rents, and security deposits for all or part of the Property; and (3) Seller's interest in all licenses and permits related to the Property. (Describe any exceptions, reservations, or restrictions in Paragraph 12 or an addendum.) (if mineral rights are to be reserved an appropriate .addendum should be attached) 3. SALES PRICE: A. At or before closing, Buyer will pay the following sales price for the Property: (1) Cash portion payable by Buyer at closing 85,000.00 (2) Sum of all financing described in Paragraph 4 $ 0.00 (3) Sales price (sum of 3A(1) and 3A(2)) , $ 85,000.00 (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer C:`t' Page 1 of 1.3 ampler generated rising AUSoCam¢ar17 from ArdaRsaly, LIC.1061 W. Ptpelne, Slate 101, Host, TX 77453, MOO) 722-1178 Uniting, Prised 822'.16 ARA 12122011: Commercial Contract - Unirnproved Property. concerning 7244 Praire, Corpus Christi, Texas - Creekway Park B. Adjustment to Sales Price: (Check (1) or (2) only.) (1) The sales price will not be adjusted based on a survey. ❑ (2) The sales price will be adjusted based on the latest survey obtained under Paragraph. 6B. (a) The sales price is calculated on the basis of $ . N/A (i) square foot of 0 total area ❑ net area. GI (li) acre of 1 1 total area CI net area. per: (b) "Total area" means all land area. within the perimeter boundaries .of the Property. "Net area" a means total area less any area of the Property within: la (1) public .roadways; .. CI (ii) rights-of-way and easements other than those that directly provide utility services to the Property; and 1T (iii) N/A (c) .if the sales price is adjusted by more than N/A % of the stated sales price, either party may terminate this contract by providing written notice to the other party within N/A days after the terminating party receives the survey. If neither party terminates this contract or if the variance is less than the stated percentage, the adjustment to the sales price will be made to the cash portion of the sales price payable by Buyer. 4. FINANCING: Buyer will finance the portion of the sales price under Paragraph 3A(2) as follows: ❑ A. Third Party Financing: One or more third party loans in the totalamount of $ N/A This contract: U (1) is not contingent upon Buyer obtaining third party financing. CI (2) is contingent upon Buyer obtaining third party financing in accordance with the. attached Commercial Contract Financing Addendum (TAR -1931). ❑ B. Assumption: In accordance with the attached Commercial Contract Financing Addendum (TAR -1931), Buyer will assume the existing promissory note secured by the Property, which balance at closing will be $ N/A ❑ C. Seller Financing: The delivery of a promissory note and deed of trust to Seller under the terms of the. attached Commercial Contract Financing Addendum (TAR -1931) in the amount of $ N/A 5. EARNEST MONEY: A. Not later than 3 days after the effective date, Buyer must deposit $ 1,000.00 as earnest money with San Jacinto Title Company (title company) at 520 Lawrence St., Corpus Christi, Texas 78401. (address) ShellyGrahmann (closer). If Buyer fails to timely deposit the earnest money, Seller may terminate this contract or exercise any of Seller's other remedies under Paragraph 15 by providing written notice to Buyer before Buyer deposits the earnest money. B. Buyer will deposit art additional amount of $ N/A with the :title company to be made part of the earnest money on or before: ❑ (i) N/A days s after Buyer's right to terminate under Paragraph 7B expires; or ▪ (ii) N/A Buyer will be in default if Buyer fails to deposit the additional amount required by this Paragraph 58 within 3 days after Seller notifies Buyer that Buyer has not timely deposited the additional amount. (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer I " c` , L t Page 2 of 13 circular Oersereted using PritoCrintract 7 "`. trans kutnRadly, ILC, 1060 W. Pipeline, Suite 101, Hurst, TX 76053, 001322 i 179 2 Printed 812160A 12,2212:20100 E Commercial Contract- unimproved Property concerning 7244 Praire, Corpus Christi, Texas - Creekway Park C. Buyer may instruct the title company to deposit the earnest money inan interest-bearing account at a federally insured financial institution and to credit any .interest to Buyer. 6. TITLE POLICY AND SURVEY: A. Title Policy: (1) Seller, at Seller's expense, will furnish Buyer an Owners Policy of Title Insurance (the title policy) issued by any underwriter of the title company in the amount of the sales price, dated at or after closing, insuring Buyer against Toss under the title policy, subject only to: (a) those title exceptions permitted by this contract or as may be approved by Buyer in writing; and (b) the standard printed exceptions contained in the promulgated form of title policy unless this contract provides otherwise. (2) The standard printed exception as to discrepancies, conflicts, or shortages .in area and. boundary lines, or any encroachments or protrusions, or any overlapping improvements: Cl (a) will not be amended or deleted from the title policy. (b) will be amended to read "shortages in areasat the expense of ® .Buyer ❑ Seller. (3) Within 5 days after the effective date, Seller will furnish Buyer a commitment for title insurance (the commitment) including legible copies of recorded documents "evidencing title exceptions.. Seller authorizes the title company to deliver the commitment and related documents. to Buyer at Buyer's address. B. Survey: Within 10 days after the effective date: I (1) Buyer will obtain a survey of the Property at Buyer's expense and deliver a copy of the survey to Seller. The survey must be made in accordance with the: (i) ALTA/ACSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors' standards for a Category to survey under the appropriate condition. Seller will reimburse Buyer N/A (insert amount) of the cost of the survey at closing, if closing occurs. ❑ (2) Seller,. at Seller's expense, will furnish Buyer a survey of the Property dated after the effective date. The survey must be made in accordance with the: (i) ALTA/AGSM Land Title Survey standards, or (ii) Texas Society of Professional Surveyors standards for a Category IA survey under the appropriate condition. ❑ (3) Seller will deliver to Buyer and the title company a true and correct copy of Seller's most recent survey of the Property along with an affidavit required by the title company for approval of the existing surrey. If the existing survey is not acceptable to the title company, Seller, at Seller's expense, will obtain a new or updated survey acceptable to the title company and deliver the acceptable survey to Buyer and the title company within 20 days after Seller receives notice that the existing survey is not acceptable to the title company. The closing date will be extended daily up to. 20 days if necessary for Seller to deliver an acceptable survey within the time required, Buyer will reimburse Seller, N/A (insert amount) of the cost of the new or updated survey at closing, if closing occurs. C. Buyer's Obiections to the Commitment and Survey: (1) Within 5 days after Buyer receives the commitment, copies of the documents evidencing the title exceptions, and any required survey, Buyer may object in writing to matters disclosed in the items if: (a) the matters disclosed are a restriction upon the Property or constitute a defect or encumbrance to title other than those permitted by this contract or liens that Seller will satisfy at. closing or Buyer will assume at closing, or (b) the items show that any part of the Property lies in a (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer n ' G-, Page 3 of 1.3 =later generated usoC nt ct 7 "', torn AuteReatp, LLC, 1060 W. Swine, Sults 101, F4mt. 7X 76083.1,000) 322-1170 1100004 Printut 92210 AL1121227101 t Commercial Contract- Unimproved Property concerning 7244 Praire, Corpus Christi, Texas - Creekway Park special. flood hazard area (an "A" or V' zone as defined by FEMA). It Paragraph 6B(1) applies, Buyer is deemed to receive the survey on the earlier of: (i) the date of Buyer's actual receipt of the survey; or (ii) of the deadline specified in Paragraph 6B. (2) Seller may, but is not obligated to, cure Buyer's timely objections within 15 .days after Seller receives the objections. The closing date will be extended as necessary to provide such time to cure the objections. If Seller fails to cure the objections by the time required, Buyer may terminate this contract by providing written notice to. Seller within 5 days after the time by which Seller must cure the objections. If Buyer terminates, the earnest moneY1 less any independent consideration under Paragraph 7B(1), will be refunded to Buyer. (3) Buyer's failure to timely object or terminate under this Paragraph 6C is a waiver of Buyer's right to object except that Buyer will not waive the requirements in Schedule. C of the commitment. 7. PROPERTY CONDITION: A. Present Condition: Buyer accepts the Property in its present condition except that Seller, at Seller's expense, will complete the following before closing:. None, Buyer accepts the said property in its "AS IS WHERE IS condition with any and all faultar See Exhibit B attached hereto. • B. Feasibility Period: Buyer may terminate this contract for any reason within 30 days .after the effective date (feasibility period) by providing Seller written notice of termination. ;(Check only one box.) El (1) If Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer less: $ 100.00 that Seller will retain as independent consideration for Buyer's unrestricted right to terminate. Buyer has tendered the independent consideration to Seller upon payment of the amount specified in Paragraph 5A to the title company. The independent consideration is to be credited to the sales price only upon closing of the sale. If no dollar amount is stated in this Paragraph 7B(1) or if Buyer fails to deposit the earnest money, Buyer will not have the right to terminate under this Paragraph 7B_ CI (2) Not later than S days after the effective date, Buyer must pay Seller $ N/A as independent consideration for Buyer's right to terminate by tendering such amount to Seller or Seller's agent, if Buyer terminates under this Paragraph 7B, the earnest money will be refunded to Buyer and Seller will retain the independent consideration. The independent consideration will be credited to the sales price only upon closing of the sale. If no dollar amount is statedin this Paragraph 7B(2) or if Buyer fails to pay the independent consideration, Buyer will not have the right to terminate under this Paragraph 7B. C. Inspections, Studies, or Assessments: (1) During the feasibility period, Brayer, at Buyer's expense, may complete or cause to be completed any and all inspections, studies, or assessments of the Property (including all improvements and fixtures). desired by Buyer: (2) Buyer must: (a) employ only trained and qualified inspectors and assessors; (b) notify Seller, in :advance, of when the inspectors or assessors will be on the Property; (c) abide by any reasonable entry rules or requirements of Seller; (d) not interfere with existing operations or occupants of the Property; and (e) restore :the Property to its original condition if altered due to inspections, studies, or assessments that Buyer completes or causes to be, completed. (TAR -1802) 4-1-14 Initialed for Identification by Seller , and Buyer /1 " t a Page 4 of 13 artpRar pereretad,sirg AnloCeminict 7 ^', from AubReatq, LLC, 1666 W. Pipeline, Seta 161, Hast, 7X 76453, 19661322.1176 Unite( Prinked 9:22:16 AM 17}227261! Corn °rcia! Contract - unimproved Property concerning 7244 Praire, Corpus Christi, Texas - Creekway Park (3) Except for those matters that arise from the negligence of Seller or Seller's agents, Buyer is responsible for any claim, liability, encumbrance, cause of action, and expense resulting from Buyers inspections, studies, or assessments, including any property damage or personal injury. Buyer will indemnify, hold harmless, and defend Seller and Seller's agents against any claim involving a matter for which Buyer is responsible under this paragraph. This paragraph survives termination of this contract. D. Property Information: (1) Delivery of Property Information: Within Buyer: (Check all that apply.) 5 days after the effective date, Seller will deliver to • • • — •S1 • • - ■1 -MS • • end- © (9) (2) Return of Property Information: If this contract terminates for any reason, Buyer will, not later than 10 days after the termination date: (Check all that apply.) • (a) return to Seller all those items described in Paragraph 7D(1) that Seller delivered to Buyer in other than an electronic format and all copies that Buyer made of those items; (b) delete or destroy all electronic versions of those items described in Paragraph 70(1) that Seller delivered to Buyer or Buyer copied; and ® (c) deliver copies of all inspection and assessment reports related to the Property that Buyer completed or caused to be completed. This .Paragraph 70(2) survives termination of this contract. E, Contracts Affecting Operations: Until dosing, Seller: (1) will operate the Property in the same manner as on the effective date under reasonably prudent business standards; and (2) will not transfer or dispose of any part of the Property, any interest or right in the Property, or any of the personal property ar other items described in Paragraph 2B or sold under this contract. After the feasibility period ends, Seller may not enter into, amend, or terminate any other contract that affects the operations of the Property without Buyer'swritten approval. 8. LEASES: A. Each written lease Seller is to assign to Buyer under this contract must be in full force and effect according to its terms. Seller may not enter into any new lease, fail to comply with any existing lease,. or make any amendment ar modification to any existing .lease without Buyer's written consent. Seller must disclose, in writing, if any of the following exist at the time Seller provides the leases to the Buyer or subsequently occur before dosing: (1) any failure by Seller to comply with Seller's obligations under the leases; (2) any •circumstances under any lease that entitle the tenant to terminate the lease or seek any offsets. or damages; (3) any advance sums paid by a tenant under any lease; (TAR -1802) 4-1-14 Initialed for Identification by Seiler � 47L and Buyar • ` �, l—T Page 5 of 13 =War ge12 * rg Aut:Cmltract 7', from AutoRe91y, IIC,106£! W. Pipe:1m Facia 101, Hi ra,, IX 76053, (NO) 322-1179 7et Prided 0:22°17 AIX 12=201: Commercial Contract - Unimproved Property concerning 7244 Praire, Corpus Christi, Texas - Creekway Park (4) any concessions, bonuses, free rents, rebates, brokerage commissions, or other matters that affect any lease; and (5) any amounts payable under the leases that have been assigned or encumbered, except as security for loan(s) assumed or taken subject to under this contract. B. Estoppel Certificates: Within N/A days after the effective date, Seller will deliver to Buyer estoppel certificates signed not earlier than N/A by each tenant that leases space in the Property. The estoppel certificates must include the certifications contained in the current version of TAR Form 1938 - Commercial Tenant Estoppel Certificate and any additional information requested by a third party lender providing financing under Paragraph 4 if the third party lender requests such additional information at least 10 days prior to the earliest date that Seller may deliver the signed estoppel certificates. 9. BROKERS: A. The brokers to this sale are: Principal Broker: The Clower Company Agent: George B. Glower Address: P.Q. Box 2525 Corpus Christi, Texas 78403 Cooperating Broker: NIA N/A Agent: N/A Address: N/A Phone & Fax: 361.880.4111/361.880.4118 Phone .& Fax: NIA E-mail: gbclower@aol.com E-mail: N/A License No,: 428055 License No.: N/A Principal Broker: (Check only one box) •Cooperating Broker represents Buyer. ® represents Seller only. U represents Buyer only. is an intermediary between Seller and Buyer. B. Fees: (Check only (1) or (2) below.) (Complete the Agreement Between Brokers on page 13 only if (1) is selected.) ® (1) Seller will pay Principal Broker the fee specified by separate written commission agreement between Principal Broker and Seller. Principal Broker will pay Cooperating .Broker the fee specified in the Agreement Between Brokers found below the parties' signatures to this contract. ❑ (2) At the closing of this sale, Seller will pay: Principal Broker a total cash fee of: Cooperating Broker a total cash fee of: In 4.5% %• of the sales price. ❑ N/A %% of the sales price. ❑ NIA . ❑ N/A The cash fees will be paid in. Nueces County, Texas. Seller authorizes the title company to pay the brokers from the Seller's proceeds at closing. NOTICE: Chapter 62, Texas Property Code, authorizes a broker to :secure an earned commission with a lien against the Property. C. The parties may not amend this Paragraph 9 Without the written consent of the brokers affected by the amendment. (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer A.C,N9t7 Page 6 of 13 anytaer generated using AutaCantraci 7 tram AubRera1q, ILC, 1060 W, P1pe116, State 101, Hurst, TX 76053,1800) 322-1178 112 Printed 022:17 AM 12122/2011 0 Commercial Contract - Unimproved Property concerning 7244 Praire, Corpus Christi, Texas - Creekway Park 10. CLOSING: A. The date of the closing.of the sale (closing date) will be an or beforethe later of: (1) FivP (5) days after the expiration of the feasibility period. ❑ N/A (specific date). 0 N/A (2) 7 days after objections made under Paragraph 6C have been cured or waived. B. If either party fails to close by the closing date, the non -defaulting party inay exercise the remedies in Paragraph 15. C. At closing, Seller will execute and deliver, at Seller's expense, a 0 general El special warranty deed. The deed must include a vendor's lien if any part of the sales price is financed. The deed must convey good and indefeasible title to the Property and show no exceptions other than those permitted under Paragraph 6 or other provisions of this contract. Seller must convey the Property: (1) with no liens, assessments, or other security interests against the Property which will not be. satisfied out of the sales price, unless securing loans Buyer assumes; (2) without any assumed loans in default; and (3) with no persons in possession of any part of the Property as lessees, tenants at sufferance, or trespassers except tenants under the written leases assigned to Buyer under this contract. D. At closing, Seller, at Seller's expense, will also deliver to Buyer: (1) tax statements showing no delinquent taxes ori the Property, (2) an assignment of all leases to or on the Property; (3) to the extent assignable, an assignment to Buyer of any licenses and permits related to the Property; (4) evidence that the person executing this contract is legally capable and authorized to bind Seller; (5) an affidavit acceptable to the title company stating that Seller is not a foreign person or, if Seller is a foreign person, a written authorization for the title company to: (I) withhold from Seller's proceeds an amount sufficient to comply applicable tax law; and (ii) deliver the amount to the Internal Revenue Service (IRS) together with appropriate tax forms; and (6) any notices, statements, certificates, affidavits, releases, and other documents required by this contract, the commitment, or law necessary for the closing of the sale and issuance of the title policy, all of which must be completed by Seller as necessary. E. At closing, Buyer will: (1) pay the sales price in good funds acceptable to the title company; (2) .deliver evidence that the person executing this contract is legally capable and authorized to bind Buyer; (3) sign and send to each tenant in a lease for any part of the Property a written statement that: (a) acknowledges Buyer has received and is responsible for the tenant's security deposit, and (b) specifies the exact dollar amount of the security deposit; (4) sign an assumption of all leases then in effect; and (5) execute and deliver any notices, statements, .certificates, or other documents required by this contract or law necessary to close the sale. F. Unless the parties agree otherwise, the closing documents will be as found in the basic forms in the current edition of the State Bar of Texas Real Estate Forms Manual without any additional clauses. 11. POSSESSION: Seller will deliver possession of the Property to Buyer upon dosing and funding of this sale in its present condition with any repairs Seller is obligated to complete under this contract, ordinary wear and tear excepted. Any possession by Buyer before closing or by Seller after closing that is not authorized by a separate written lease agreement is a landlord -tenant at sufferance relationship between the parties. (TAR -1802) 4-1-14 Initialed For Identification by Seller , and Buyer e , t/{ Page 7 of 13 nprter peneratad ramp OtdoCant act T ", kam iufaRealy, LLC. IOW W. Hilmar, Sino 101, Fkaat, 1X 78050,1800) 322-1178 Pr-udaQ 9:22.18 AAA 12722.20112J2011 Commercial Contract - Unimproved Property concerning 7244 Praire, Corpus Christi, Texas - Creekway Park 12. SPECIAL PROVISIONS: The following special provisions apply .and will control in the event of a conflict with other provisions of this contract. (if special provisions are contained in an Addendum, identify the Addendum here and reference the Addendum in Paragraph 22a) See attached Addendum to Commercial Contract attached hereto 13. SALES EXPENSES: A. Seller's Expenses: Seller will pay for the following at or before closing: (1) releases of existing liens, other than those liens assumed by Buyer, including prepayment penalties and recording fees, (2) release of Seller's loan liability, if applicable, (3) tax statements or certificates; (4) 'preparation of the deed; (5) one-half of any escrow fee, (6) costs to record any documents to cure title objections that Seller must cure, and (7) other expenses that Seller will pay under other previsions of this :contract. B. Buyer's Expenses: Buyer will pay for the following at or before closing: (1) all loan expenses and fees; (2) preparation of any deed of trust, (3) recording fees forthe.deed and any deed of trust; (4) premiums for flood insurance as may be required by Buyer's lender; (5) one-half of any escrow fee; (6) other expenses that Buyer will pay under other provisions of this contract. 14. PRORATIONS: A. Prorations: (1) Interest on any assumed loan, taxes, rents, and any expense reimbursements from tenants will be prorated through the closing date. (2) if theamount of ad valorem taxes for the year in which the sale closes is not available on the closing date, taxes will be prorated on the basis of taxes assessed in the previous year. If the taxes for the year in which the sale closes vary from the amount prorated at closing, the parties will adjust the prorations when the tax statements for the year in which the sale closes become available. This Paragraph 14A(2) survives closing. (3) If Buyer assumes a loan or is taking the Property subject to an existing lien, Seller will transfer all reserve deposits held by the lender for the payment of taxes, insurance premiums, and other charges to Buyer .at closing and Buyer will reimburse such amounts to Seller by an appropriate adjustment at closing. Rollback Taxes: If Seller changes the use of the Property before closing or if a denial of a special valuation on the Property claimed by Seller results in the assessment of additional taxes, penalties, or interest (assessments) for periods before closing, the assessments will be the obligation of the Seller. If this sale or Buyer's use of the Property after closing results in additional assessments for periods before closing, the assessments Will be the obligation of Buyer. This Paragraph 14B survives closing. C. Rent and Security Deposits: At closing, Seller will tender to Buyer all security deposits and the following advance payments received by Seller for periods after closing: prepaid expenses, advance (TAR -1802) 4-1-14 Initialed for identification by Seller and Buyer 47C, Page 8 of 13 B. ,spier {prorated using Au beentree 7 T°, from A 4 Rely, LLC, 1464 W. Pipeke, Sir! 141, Flre4 7X 76457, (8601 320.1170 Printed 932:18 Apo 12/27122/? 4 t:t Commercial Contract - Unimproved Property concerning 7244 Praire, Corpus Christi, Texas - Creekway Park rental payments, and other advance payments paid by tenants. Rents prorated to one party but received by the other party will be remitted by the recipient to the party to whom it was prorated within 5 days after the rent is received. This Paragraph 14C survives closing. 15. DEFAULT: A. If Buyer fails to comply with this contract, Buyer is in default and Seller, as Sellers sole remedy(ies), may terminate this contract and receive the earnest money, as liquidated damages for Buyer's :failure except for any damages resulting from Buyer's inspections, studies or assessments in accordance with Paragraph 7C(3) which Seller may pursue, .or (Check if applicable) 11 enforce specific performance, or seek such other relief as may be provided by law. B. If, without fault, Seller is unable within the time allowed to deliver the estoppel certificates, .survey or the commitment, Buyer may: (1) terminate this contract and receive the earnest money, less any independent consideration under Paragraph 7B(1), as liquidated damages and as Buyer's sole remedy, or (2) .extend the time for performance up to 15 days and the closing will be extended as necessary. C. Except as provided in Paragraph 15B, if Seller fails to comply with this contract, Seller is in default and Buyer may: (1) terminate this contract and receive the earnest money, Tess any independent consideration under Paragraph .7B(1), as liquidated damages and .as Buyer's sole remedy; or (2) cnforpe-specific pc c, or 3cck auch other relief ea may be provided by law, or both. 16. CONDEMNATION: If before closing, condemnation proceedings are commenced against any part of the Property, Buyer may: A. terminate this contract by providing written notice to Seller within 15 days after Buyer is advised of the condemnation proceedings and the earnest money, Tess any independent consideration paid under Paragraph 7B(1), will be refunded to Buyer; or B. appear and defend in the condemnation proceedings and any award will, .at Buyer's election, belong to: (1) Seller and the sales price will be reduced by the same amount; or (2) Buyer and the sales price will not be reduced. 17. ATTORNEY'S FEES: If Buyer, Seller, any broker, or the title company is a prevailing party in any legal proceeding brought under or with relation to this contract or this transaction, such party is entitled to recover from the non -prevailing parties all costs of such proceeding and reasonable attorney's fees. This Paragraph 17 survives termination of this contract. 18. ESCROW: A. At closing, the earnest money will be applied first to any cash down payment, then to Buyer's closing costs, and any excess will be refunded to Buyer. If no closing occurs, the title company may require payment of unpaid expenses incurred on behalf of the parties and a written release of liability of the title company from all parties, B. If one party makes written demand for the earnest money, the title company will give notice .of the demand by providing to the other party a copy of the demand. if the title company does not receive written objection to the demand from the other party within 15 days after the date the title company sent the demand tothe other party, the titlecompany may disburse the earnest money to the party making demand, reduced by the amount of unpaid expenses incurred on behalf of the party receiving the earnest money and the title company may pay the same to the creditors. (TAR -1802) 4-1-14 Initialed for Identification by Seller and Buyer A C- , Mr Page .9 .of 15 orrpter gone:start using A,aoCartract 7'*, ham Autnliealy, ELC, WOW. Ptpaire, &it i0t, TX 76053, 16007 322.1T7a En li0ec Printed 0.22.16 AEA 12,221201; Commercial Contract - Unimproved Property concerning 7244 Praire, Corpus Christi, Texas - Creekway Park C. The title company will deduct any independent consideration under Paragraph 78(1) before disbursing any earnest money to Buyer and will pay the independent •consideration to Seller. D. if the title company complies with this Paragraph 18 each party hereby releases the title company from .all claims related to the disbursal of the earnest money. E. Notices under this Paragraph 18 must be sent by certified mail, return receipt requested. Notices to the title company are effective upon receipt by the title company. F. Any party who wrongfully fails orrefuses to sign a release acceptable to tte title company within 7 days after receipt of the request will be liable to the other party for liquidated damages in an amount equal to the sum of. (i) three times the amount of the earnest money, (ii) the earnest money; (iii) reasonable attorney's fees; and (iv) all costs of suit. G. © Seller © Buyer intend(s) to complete this transaction as a part of an exchange of like -kind properties in accordance with Section 1031 of the Internal Revenue Code, as amended. All expenses in connection with the contemplated exchange will be paid by the exchanging party. The other party will not incur any expense or liability with respect to the exchange. The parties agree to cooperate fully and in good faith to arrange and consummate the exchange so as to comply to the maximum extent feasible with the provisions of Section 1031 of the Internal Revenue Code: The other provisions of this contract will not be affected in the event the: contemplated exchange fails to occur. 19. MATERIAL FACTS: To the best of Seller's knowledge and belief: (Check only one box.) dctrimcntally affect the erdinary uoc of the Property; 20. NOTICES: All notices between the parties under this contract must be in writing and are effective when hand -delivered, mailed by certified mail return receipt requested, or sent by facsimile transmission to the parties addresses or facsimile numbers stated in Paragraph 1. The parties will send copies of any notices to the broker representing the party to whom the notices are sent. © A. Seller also consents to receive any notices by e-mail at Seller's e-mail address stated in Paragraph 1. 0 B. Buyer also consents to receive any notices by e-mail at Buyer's e-mail address stated in Paragraph 1. 21. DISPUTE RESOLUTION: The parties agree to negotiate in good faith in an effort to resolve any dispute related to this contract that may arise. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation before resorting to arbitration or litigations and will equally share the costs of (TAR -1802) 4-1-14 Initialed for Identification by Seller and BuYer A , _ Page 10 of 13 rtµaet Fnerated using PeoCaotraet 7 TM, from Aulateaty. 11C, 1080 W. Rpet05, Suite Int. F9aat T%T8053, (8001222.1178 Untliec Prided: 9:2219 .41.1 12/22/201! Commercial Contract - Unimproved Property concerning 7244 Praire, Corpus Christi, Texas - Creekway Park a mutually acceptable mediator. This paragraph survives termination of this contract. This paragraph. does not precludea party from seeking equitable relief from a court of competent jurisdiction. 22. AGREEMENT OF THE PARTIES: A. This contract is binding on the parties, their heirs, executors, representatives, successors, and permitted assigns. This contract is to be construed in accordance with the laws of the State of Texas. If any term or condition of this contract shall be held to be invalid or unenforceable, the remainder of this contract shall not be affected thereby. B. This contract contains the entire agreement of the parties and may not be .changed except in writing. O. If this contract is executed in anumber .of identical counterparts, each counterpart is an original and all counterparts, collectively, constitute one agreement. D. Addenda which are part of this contract are: (Check all that apply) 1 (1) Property Description Exhibit identified in Paragraph 2; 0 El (4) Commercial Contract Addendum for Special Provisions (TAR -1940); D ra)—Adeleafiltim for Coastal Arm Property (TAR 1015); (8) Information About Brokerage Services (TAR -2501), and ® (9) Addend' im to Commercial Conked - Unimproved and Fxhibii;5 -AS IS Addendum ■ l M (Note: Counsel for the Texas Association of REALTORSO (TAR) has determined that any of the foregoing addenda which are promulgated by the Texas Real Estate Commission (TREC) or published byTAR' are appropriate for use with this fotrri. E. Buyer ® may 0 may not assign this contract. If Buyer assigns this contract, Buyer will be relieved of any future liability under this contract only if the assignee assumes, in writing, all obligations and liability of Buyer under this contract. 23. TIME: Time is of the essence in this contract. The parties require strict compliancewith the times for performance. If the last day to perform under a provision of this contract falls on a Saturday, Sunday, or legal holiday, the time for performance is extended until the end of the next day which is not a Saturday, Sunday, or legal holiday. 24. EFFECTIVE DATE: The effective date of this contract for the purpose of performance of all obligations is the datethe title company receipts this contract after all parties execute this contract. 25. ADDITIONAL NOTICES: A. Buyer should have an abstract covering the Property examined by an attorney of Buyer's selection, or Buyer should be furnished with or obtain a title policy. B. If the Property is situated in a utility or other statutorily created district providing water, sewer, drainage,. or flood control facilities and services, Chapter 49, Texas Water Code, requires Seller to deliver and Buyer to sign the statutory notice relating to the tax rate, bonded indebtedness, or standby fees of the district before final execution of this contract. C. Notice Required by §13.257, Water Code: "The real property, described .below, that you are about to purchase may be located in a certificated water or sewer service area, which is authorized by law to provide water or sewer service to the properties in the certificated area. If your property is located in a certificated area there may be special costs or charges that you will be required to pay before you can (TAR -1802) 4-1-14 Initialed for Identification by Seller enpulargenereted using AutoCentrsct T TM, tarn AVaReaty, LLC, 1060 W. Realm, Mite 101, Kest, 1X76053, OM) 322-1170 and Buyer, Page 11 of 13 Witte( Printed 922:19 0M 12P22i291: Commercial Contract - Unimproved Property concerning 7244 Praire, Corpus Christi, Texas - Creekway Park receive water or sewer service. There may be a period required to construct lines or other facilities necessary to provide water or sewer service to your property. You are advised to determine if the property is in a certificated area and contact the utility service provider to determine the cost that you. will be required to pay and the period, if any, that is required to provide water or sewer service to your property. The undersigned purchaser hereby acknowledges receipt of the foregoing notice at or before the execution of a binding contract for the purchase of the real property described in the notice or at closing of purchase of the real property." The real property is described in Paragraph 2 of this contract. D. If the Property adjoins or shares a common boundary with the tidally influenced submerged. lands of the state, §33.135 of the Texas Natural Resources Code requires a notice regarding coastal area property to be included as: part of this contract. E. If the Property is located seaward of the •Gulf Intracoastal Waterway, §61.025, Texas Natural Resources Code, requires a notice regarding the seaward location of the Property to be included as part of this contract. F. If the Property is located outside the limits of a municipality, the Property may now or later be included in the extra -territorial jurisdiction (ETJ) of a municipality and may now or later be subject to annexation by the municipality. Each municipality maintains a map that depicts its boundaries and ETJ. To determine if the Property is located within a municipality's ETJ, Buyer should contact all municipalities located In the general proximity of the Property for further information. G. Brokers are not qualified to perform property inspections, surveys, engineering studies, environmental assessments, or inspections to determine compliance with zoning, governmental regulations, or laws. Buyer should seek experts to perform such services. Buyer should .review local building codes, ordinances and other applicable laws to determine their effect on the Property. Selection of experts, inspectors, and repairmen is the responsibility of Buyerand not the brokers. Brokers are riot qualified to determine the credit worthiness of the parties. 26. CONTRACT .AS OFFER: The execution of this contract by the first party constitutes an offer to buy or sell the Property. Unless the other party accepts the offer by 5:00 p.m., in the time zone in which the Property is located, ori October 34th, 2018 , the offer will lapse and become null and void. READ THIS CONTRACT CAREFULLY. The brokers and agents make no representation. or recommendation as to the legal sufficiency, legal effect, or tax consequences of this document or transaction. CONSULT your attorney BEFORE signing. Seller: City of Corpus Christi. a Texas municipal corporation Buyer: Abel Garza, Jr. & Cynthia P. Garza By: By: By (signature): By (signature):i, Printed Name: Printed Name: Title: Title: By: By: By (signature): By (signature): Printed Name: Printed Name: Title: Title: (TAR -1802) 4-1-14 Page 12 of 13 smgster generated ming AttaCaltreet 7 " . from AutaReetry, LLC, 1999W. Plpe6na, Suite tat; eke* 1X 79953,11109) 322.1179 Ditties Protest 9.22 19 M1 1=2E2911 Commercial Contract - Unimproved Property concerting 7244 Praire, Corpus Christi, Texas - Creekway Park AGREEMENT BETWEEN BROKERS {use only if.Paragreph 9B(1) is effective) Principal Broker agrees to pay (Cooperating Broker) a fee when the Principal Broker's fee is received. The fee to be paid to Cooperating Broker will be: eor % of the sales price, or © % of the Principal Broker's fee. The title company Is authorized and directed to pay Cooperating Broker from Principal Broker's fee at closing. This Agreement Between Brokers supersedes any prior offers artd agreements for compensation between brokers. Principal Broker: Cooperating Broker: . By: By: ATTORNEYS Seller's attorney: Buyer's attorney: Address: Phone & Fax: E-mail: Seller's attorney requests copies of documents, notices, and other information: © the title company sends to Seller. D Buyer sends to Seiler. Address: Phone & Fax: E-mail: Buyer's attorney requests copies of documents, notices, and other. information: 0 the title company sends to Brayer. CI Seller sends to Buyer. ESCROW RECEIPT The title company acknowledges receipt of; © A. the contract on this day (effective. date); ❑ B. earnest money in the amount of $ in the form of . on Title company: Address: By Phone & Fax: Assigned file number (GF#): E-mail: (TAR -1802) 4-1-14 errpter generated using AutaCartract 7 "', taro AeAeReely, LLC, 1000 W. Pipefre, Site 101, Hull, IX 70057, {000) 022.1170 Page 13 of 13 11ri0et Prated 02210 MA 12722t2R1; ADDENDUM to the COMMERCIAL CONTRACT - IMPROVED PROPERTY between THE CITY OF CORPUS CHRISTI, a Texas Municipal Corporation (the "SELLER") and Abel Garza, Jr., & Cynthia P. Garza (the "BUYER") 1. This contract is contingent upon final approval from the Corpus Christi City Council. 2. Buyer acknowledges that the subject property is being sold in its AS IS WHERE 1S condition with any and all faults per the addendum attached hereto as Exhibit B. 3. Buyer, at Buyer's sole expense, shall be responsible for any and all platting and/or zoning application fees and any associated expenses related to platting or rezoning the said property. 4. If due to factors beyond Seller's control, the commitment and/or the exception documents are not delivered within the time required, either party may terminate this contract and the earnest money be refunded to Buyer, as its sole remedy. 5. Buyer, at Buyer's sole expense during the Feasibility Period will verify with the City of Corpus Christi — Development Services that the Buyer's intended use is permitted in the current zoning district of RS -TF (Two Family) for the said property. 6. In regards to Paragraph 17 — ATTORNEY FEES: the last sentence shall be modified to read as followed: "This Paragraph 17 survives termination of this contract, however, the Seller shall not be liable for any such attorney's fees." 1 Seller's Initial's , Bayer's Initia .sA- c-,17 EXHIBIT "A" Property Description .440.30' CAR 42 W MLA TOWNHOM $ 49 r.4 rp #4.0! 4w. 4i 50,4 40 61114 y- :39 n 38 1 F� . 3 i Air es 6 40R 4 4U-8 MED'< 04 62.30 42 8 £Th WIN 43 Ir.Tt, LAKE VEOINA DR. til si:. ')y o _ .03.10 15.T1 35 312„ 52 _0 144 An unimproved tract of land located at 7244 Prairie being legally described as Creekway, Lot 1, Block 3, Corpus Christi, Nueces County, Texas with any and all improvements contained thereon. NCAD Tax ID# 1968-0003-0010. Seller's Initial's Buyer's Initial's 0 e Cyt' li EXHIBIT "B" "AS -IS" PURCHASE (A) BUYER ACKNOWLEDGES AND AGREES THAT BUYER IS PURCHASING THE PROPERTY "ASIS" "WHERE -IS" AND "WITH ALL FAULTS" WITHOUT ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES, EITHER EXPRESSED OR IMPLIED, OF ANY KIND, NATURE, OR TYPE WHATSOEVER FROM, OR ON BEHALF OF, SELLER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, BUYER ACKNOWLEDGES AND AGREES THAT SELLER HEREBY EXPRESSLY DISCLAIMS, ANY AND ALL IMPLIED WARRANTIES CONCERNING THE CONDITION OF THE PROPERTY AND ANY PORTIONS THEREOF, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL CONDITIONS, PRESENCE OR ABSENCE OF HAZARDOUS MATERIALS, AND ALSO THE IMPLIED WARRAN'T`IES OF HABITABILITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. (B) BUYER ACKNOWLEDGES AND AGREES THAT BUYER HAS NOT RELIED, AND WILL NOT RELY, UPON ANY REPRESENTATIONS OR WARRANTIES (ORAL OR WRITTEN) MADE BY OR PURPORTEDLY MADE ON BEHALF OF SELLER, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE EXPRESSLY SET FORTH IN THIS AGREEMENT. (C) EXCEPT AS OTHERWISE SPECIFICALLY PROVIDED IN THIS AGREEMENT, BUYER AGREES THAT NO REPRESENTATION BY OR ON BEHALF OF SELLER OR THE SELLER'S AGENTS HAVE BEEN MADE TO BUYER AS TO THE CONDITION OF THE PROPERTY, ANY RESTRICTIONS RELATED TO THE DEVELOPMENT OF THE PROPERTY, THE APPLICABILITY OF OR COMPLIANCE WITH ANY GOVERNMENTAL REQUIREMENTS, INCLUDING, BUT NOT LIMITED TO, ENVIRONMENTAL LAWS, OR THE SUITABILITY OF THE PROPERTY FOR ANY PURPOSE WHATSOEVER. Seller's Initial's , Buyer's Initial's s THE QLOWER CO WNW Brokerage a Development • Management Information About Brokerage Services Texas law requires all real estate license holders to give the fallowing information about brokerage services fa prospective buyers, tenants,sellers and landlords. TYPES OF REAL ESTATE LICENSE HOLDERS: • ABROKER is responsiblefor all brokerage activities,including acts performed by sales agents sponsored by the broker. • A SALES AGENT must be supervised by a brokerto perform any services and works with clients on behalf of the broker. A BROKER'S MINIMUM DUTIES REQUIRED BYLAW 4A cllent Is the person or party Al at the broker represents): • Put the interests of the client above all others, including the broker'sown interests; • Inform the client of any material information about the property or transaction received by the broker; • Answer the client's questions and present any offerto or counter-offer from the client, and • . Treat all parties to a real estate transaction honestly and fairly. A LICENSE BOLDER CAN REPRESENTA PARTY IN A REAL ESTATE TRANSACTION; • AS AGENT OR SUBAGENT FOR OWNER (SELLER/LANDLORD); The broker becomes the property owner's agent through an agreement with the owner, usually in a written listing to sell or property management agreement. A subagent represents the owner, not the buyer, through an agreement with theowner's broker. An owner's agent must perform the broker's minimum duties above and must inform the owner of any material information about theproperty or transaction known by the agent, including information disclosed to the agent or subagent by the buyer or buyer's agent. • AS AGENT FOR BUYER/TENANT The broker becomes the buyer/tenant's agentby agreeing to represent the buyer, usually through a written representation agreement. A buyer's agent must perform the broker's minimum duties above and must inform the buyer of any material information about the property or transaction known by the agent, including information disclosed to. the agent by the seller orSellers agent. . • AS AGENT FOR BOTH - INTERMEDIARY: To act as an intermediary between the parties the broker must first obtain the written agreement of each party to the transaction. The written agreement must state who will pay the broker and, in conspicuous bold or underlined print, set forth the broker's obligationsas an intermediary: A broker who acts as an intermediary: • Must treat all parties to the transaction impartially and fairly, • May, with the parties' written consent, appoint a different license holder associated with the :broker to each party (owner and. buyer) to communicate with, provide opinions and advice to, and carry out the instructions of each party to the transaction. • Must not :unless specifically authorized inwriting to do so by the party,disclose: o that the owner will accept a price less than the written asking price; o that thebuyer/tenantwill pay a price greater than the price submitted in a written offer; and o any confidential information or any other information that a party specifically instructs the broker in writing not to disclose, unless required to do so by law. TO AVOID DISPUTES, ALL AGREEMENTS BETWEEN YOU AND A BROKER SHOULD BE IN WRITING AND CLEARLY ESTABLISH; • The brokers duties and responsibilities to you, and your obligations under the representation agreement. • Who will pay thebroker for services provided to you, when paynrentwill be made and how the payment will be calculated. LICENSE HOLDER CONTACT INFORMATION; This notice is being provided for information purposes, It does notcreate an obligation for you to use the broler'sservices. Please acknowledge receipt ofthis notice below and retain a copy for your records. 11-2-2015 George B. Clower 428055 Broker's Lkensed Name or Primary Assumed Business Name Designated Broker's Name gbclower@aol.corn License No. Email License No.. Agent' sSupervisor's Name License No. Sales Agent/Associate's Name License No. 38'1.688.5542 Phone Ell Phone Email . Phone Emil Phone. BuyerfenantlSeller/ andlard fr roars Date Regulated bythe Texas Real Estate Commission Information available at www irec texas gov IABS 1-0 CORPUS CHRISTI PARKS& RIECRCATION Sale of Park Land Council Presentation November 13, 2018 Sale of Parkland CORPUS CHRISTI PARK S& RECREATION • Proposition 3 — Voter approval for sale of park land on November 4, 2014 • Progress • Properties listed January 24, 2016 • Signs posted in parks • Adjacent landowners were notified by mail • Broker has contacted list of interested parties gathered • Received & negotiated offers Sale of Parkland -Prop 3 on 11-04-14 # PARK S& RECREATION Name of Park Congress Creekway Violet Cabra San Carlos Acushnet Durant Parklane Peary Willow Fountain Mt. Vernon Penn Place TOTAL ACREAGE Address 4017 Capital 7306 Prairie 4301 Violet (FM 24) 1323 W. Broadway 12650 Figueroa St. 6746 Aaron 6113 Durant 4600 Arlene 1750 Paul Jones 11418 Willowood Creek 4938 Moody 5151McArdle 4302 Aaron Acres 1.96 0.87 1.55 1.36 2 9.96 2.84 1.95 1 0.93 1.62 7.25 1.67 34.96 Planning Area 5 5 1 2 1 5 5 5 5 1 2 5 5 Council Dist List Price 3 $275,000 5 $115,000 1 $125,000 1 $25,000 1 $42,500 5 $640,000 5 $150,000 3 $125,000 5 $37,500 1 3 5 5 $60,000 $70,000 $1,605,000 $120,000 $3,390,000 Highest Cash Offer $85,000 $115,000 $655,000 $130,000 $121,000 $36,000 $50,000 $70,000 $1,756,765 $100,000 $ 3,118,765 Status Available Offer Sold; Ord No. Available Available Sold; Ord No. 030823 Sold; Ord No. 030823 Sold; Ord No. 030823 Sold; Ord No. 030823 Sold; Ord No. 030823 Sold; Ord No. 030849 Sold; Ord No. 030849 Sold; Ord No. 030933 Creekway Park- 7244 Prairie CORPUS CHRISTI PARKS& RlcRMATION 0.87 acres Prior offer of $75,000 did not close New Offer: $85,000 Abel Garza &BaptistR�1 ()Villa of Corpus Christi South 0, • (°4P�Oc° v ic`a ° // C1‘1% Cynthia Garza Stripes Solid Rock en Jones Elementary School T 9 Worship Center 9 yOr*to. ne/fra Yoe is o°a 14 1 \ Comdr p ass 0. 4 Sale of Parkland CORPUS CHRIST! PARK S& RECREATION • Offers Received Creekway • Next Steps • Continue to negotiate highest cash offer for remaining parcels • After sale closure, appropriate funds in the Community Enrichment Fund. Sale of Parkland CORPUS CHRIST! PARK S& RECREATION Questions? 6 AGENDA MEMORANDUM First Reading for the City Council Meeting of 11/13/2018 Second Reading for the City Council Meeting of 11/27/2018 DATE: October 29, 2018 TO: Keith Selman, Interim City Manager FROM: Steven Viera, Director of Human Resources SteveV@cctexas.com (361) 826-3445 Texas Municipal Retirement System (TMRS) Annual Repeating Updated Service Credits, Increase in Retirement Annuities and Increased Deposit Rate of 7%. CAPTION: Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are members of the City Of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; to increase the rate of deposits to the Texas Municipal Retirement System by the employees of the City; and establishing an effective date for the ordinance. PURPOSE: The purpose of this ordinance is to provide "Updated Service Credits" and "Increased Prior and Current Service Annuities" in TMRS on an Annual Repeating basis and increase the Rate of Deposit to 7% by the employees of the City. Updated Service Credit (USC) — Is a provision adopted by City ordinance that may increase the value of employee retirement benefits by accounting for increases in salary later in the employee's career. Annuity Increase, or Cost of Living Adjustment (COLA) — Is provided as an increase in annuities for retirees. COLAs are a plan enhancement to help retirees with increases in their cost of living after retirement. These provisions also adhere to the negotiation of "Updated Service Credits" and "Increased Prior and Current Service Annuities" in the collective bargaining agreement with Corpus Christi Police Officer's Association (CCPOA), Government Accounting Standards, as interpreted by the City's external auditor, dictating that the City must record the liability as if annually repeating for the term of the contract (which ends on September 30, 2019). BACKGROUND AND FINDINGS: On July 27, 2004, for an effective date of January 1, 2005, Council adopted "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an annual basis (annually repeating, not requiring approval by Council each year). Ordinance 025865 On December 7, 2010 Council approved the contract with the Corpus Christi Police Officer's Association (CCPOA), which included provisions for "Updated Service Credits" and "Increased Prior and Current Service Annuities" on an "Ad Hoc" basis. On December 14, 2010 Council approved Ordinance 028892 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2011. On November 15, 2011, Council approved Ordinance 029290 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2012. On December 11, 2012, Council approved Ordinance 029692 authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2013. On December 17, 2013, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2014. On December 16, 2014, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2015. On December 16, 2015, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2016. On December 13, 2016, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2017. On December 19, 2017, Council approved Ordinance authorizing "Updated Service Credits" and "Increased Prior and Current Service Annuities" for 2018. ALTERNATIVES: The City is restricted by the terms of the collective bargaining agreement with the CCPOA and provisions of the state statute governing TMRS. State statute extends to services performed by qualifying members of such system who presently are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City. This is a five year contract which is effective from August 1, 2015 through September 30, 2019. OTHER CONSIDERATIONS: The City budgeted and was contributing 22.46% since January 2018 thru December 31, 2018. In January 2019, the City will increase its contribution to 24.61% to address the liability issue and this will allow the City to get back to an annual repeating contribution for updated service credits, increase in retirement annuities and increased deposit rate of 7%. CONFORMITY TO CITY POLICY: Adoption of this ordinance is in accordance with the Agreement negotiated with the Corpus Christi Police Officers' Association. EMERGENCY / NON -EMERGENCY: Non -emergency RECOMMENDATION: Staff recommends adoption of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing and allowing, under the Act governing the Texas Municipal Retirement System, "Updated Service Credits" in said system on an annual basis for service performed by qualifying members of such system who at the effective date of the allowance are members of the City of Corpus Christi; providing for increased prior and current service annuities for retirees and beneficiaries of deceased retirees of the City; to increase the rate of deposits to the Texas Municipal Retirement System by the employees of the City; and establishing an effective date for the ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. Authorization of Updated Service Credits. (a) On the terms and conditions set out in Sections 853.401 through 853.404 of Subtitle G of Title 8, Government Code, as amended (hereinafter referred to as the "TMRS ACT"), each member of the Texas Municipal Retirement System (hereinafter referred to as the "System") who has current service credit or prior service credit in the System in force and effect on the 1st day of January of the calendar year preceding such allowance, by reason of service in the employment of the City, and on such date had at least 36 months of credited service with the System, shall be and is hereby allowed "Updated Service Credit" (as that term is defined in subsection (d) of Section 853.402 of the TMRS Act). (b) The Updated Service Credit hereby allowed and provided for shall be 100% of the "base Updated Service Credit" of the member (calculated as provided in subsection (c) of Section 853.402 of the TMRS Act). (c) Each Updated Service Credit allowed hereunder shall replace any Updated Service Credit, prior service credit, special prior service credit, or antecedent service credit previously authorized for part of the same service. (d) In accordance with the provisions of subsection (d) of Section 853.401 of the TMRS Act, the deposits required to be made to the System by employees of the several participating departments on account of current service shall be calculated from and after the effective date of this ordinance on the full amount of such person's compensation as an employee of the City. Section 2. Increase in Retirement Annuities. (a) On terms and conditions set out in Section 854.203 of the TMRS Act, the City hereby elects to allow and to provide for payment of the increases below stated in monthly benefits payable by the System to retired employees and to beneficiaries of deceased employees of the City under current service annuities and prior service annuities arising from service by such employees to the City. An annuity increased under this Section replaces any annuity or increased annuity previously granted to the same person. (b) The amount of the annuity increase under this Section is computed as the sum of the prior service and current service annuities on the effective date of retirement of the person on whose service the annuities are based, multiplied by 70% of the percentage change in Consumer Price Index for All Urban Consumers, from December of the year immediately preceding the effective date of the person's retirement to the December that is 13 months before the effective date of this Section. (c) An increase in an annuity that was reduced because of an option selection is reducible in the same proportion and in the same manner that the original annuity was reduced. (d) If a computation hereunder does not result in an increase in the amount of an annuity, the amount of the annuity will not be changed hereunder. (e) The amount by which an increase under this Section exceeds all previously granted increases to an annuitant is an obligation of the City and of its account in the benefit accumulation fund of the System. Section 3. Dates of Allowances and Increases. The initial allowance of Updated Service Credit and Increase in Retirement Annuities hereunder shall be effective on January 1, 2019, subject to approval by the Board of Trustees of the System. An allowance of Updated Service Credits and an increase in retirement annuities shall be made hereunder on January 1 of each subsequent year until this ordinance ceases to be in effect under subsection (e) of Section 853.404 of the TMRS Act, provided that, as to such subsequent year, the actuary for the System has made the determination set forth in subsection (d) of Section 853.404 of the TMRS Act. Section 4. Increased Deposit Rate: All employees of the City, who are members of the Texas Municipal Retirement System, shall make deposits to the System at the rate of 7% of their individual earnings effective 1st day of January 1, 2019. Section 5. Effective Date. Subject to approval by the Board of Trustees of the System, this ordinance shall be and become effective on the 1st day of January, 2019. Section 6. Severence. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: 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 3 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 13, 2018 Second Reading Ordinance for the City Council Meeting of December 11, 2018 DATE: TO: October 22, 2018 Keith Selman, Interim City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 Authorize supplemental lease agreement with United States Coast Guard (USCG) to construct additional parking lot and storage area at Corpus Christi International Airport in support of USCG Air Station- Corpus Christi. CAPTION: Ordinance authorizing execution of an amendment to the lease with the U.S. Coast Guard for 1.61 acres at Corpus Christi International Airport to extend the term of the lease up to 20 years at an initial annual rate of $5,610.56 and ratifying language in the lease documents as may be necessary to be consistent with requirements of the U.S. Coast Guard. PURPOSE: The agreement sets out the terms and conditions between the City of Corpus Christi and USCG to lease 1.61 acres of land on airport. The lease term is for up to a twenty year period with annual options in exchange for a monthly lease payment of $467.54. In addition, a 3% escalator clause will be in effect after an initial five-year period. The leased airport property will be used for the construction of additional parking and storage area across from Sector Headquarters on Glasson Road. BACKGROUND AND FINDINGS: On June 19, 2018, the City Council approved Ordinance 031461 which authorized a lease agreement of up to five years with the United States Coast Guard. Due to timing and funding considerations, the USCG requested a shorter term lease to begin the construction contract bid process with the intent of requesting a long term lease as the construction bid process moved along. The USCG officially dedicated its Sector/Air Station Corpus Christi Headquarters located on airport property on March 2, 2018. The USCG Corpus Christi Sector carries out its' mission 24 hours a day, 365 days a year up and down the Texas Gulf Coast from Brownsville to Port O'Connor and in a variety of waterways. The mission includes search and rescue, law enforcement, Ports and Waterways Security, maritime Safety, Drug and Migrant Interdiction and Marine and Environmental protection. The General Services Administration (GSA) and USCG jointly worked on the design and construction of the USCG facility. The facility includes parking for approximately 200 vehicles. The USCG has determined that additional parking spaces are needed. ALTERNATIVES: No viable alternative exists. OTHER CONSIDERATIONS: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal Financial Services Management and Budget FINANCIAL IMPACT: ❑ Operatin Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $9,621,673 $9,621,673 Encumbered / Expended Amount 0 0 This item (additional revenue) $5,610 $5,610 BALANCE $9,627,283 $9,627,283 Fund(s): Airport Fund - 4610 Comments: None RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Agreement with Exhibits Ordinance authorizing execution of an amendment to the lease with the U.S. Coast Guard for 1.61 acres at Corpus Christi International Airport to extend the term of the lease up to 20 years at an initial annual rate of $5,610.56 and ratifying language in the lease documents as may be necessary to be consistent with requirements of the U.S. Coast Guard. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute an amendment to the existing lease with the U.S. Coast Guard for approximately 1.61 acres at Corpus Christi International Airport, such real property to be used for parking and storage purposes, in order to extend the term of the lease up to a maximum of 20 years at an initial annual lease rate of $5,610.56. Furthermore, the City Council ratifies any necessary modifications and corrections to the language in the lease and lease amendment documents as may be required to be consistent with requirements of the U.S. Coast Guard. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgement of a court, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication of this ordinance must be made twice in the official publication of the City of Corpus Christi, with all publication costs to be paid by the tenant, as required by the City Charter. SECTION 4. This ordinance is effective on and after the 61st day of passage. 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 Debbie Lindsey -Opel Ben Molina Everett Roy Lucy Rubio Greg Smith 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 Debbie Lindsey -Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 1 of 2 PASSED AND APPROVED this the day of , 2018 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 2 of 2 GENERAL SERVICES ADMINISTRATION PUBLIC BUILDING SERVICE SUPPLEMENTAL LEASE AGREEMENT SUPPLEMENTAL AGREEMENT NO. DATE -_ 9/01/18 Ta LEASE No TO HSCG82-17-01-0021 ADDRESS OF PREMISES 200 Block of West Glasson Drive Corpus Christi, Texas, 78406 THIS AGREEMENT, made and entered into this date by and between Corpus Christi International Airport whose address is 1000 International Drive Corpus Christi, TX., 784Cc hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter WHEREAS, the parties hereto desire to amend the above Lease. NOW THEREFORE, these parties for the considerations hereinafter mentioned effective 09/1/2018 as follows: called the Government covenant and agree that the said Lease is amended, availability of funds, this Lease may, on the fiscal year through June 30, date. Change paragraph 2 to read: OPTION: Subject to at the option of the Government be renewed annually 2038. All other terms and conditions of the lease shall remain in force and effect. IN WITNESS WHEREOF, the parties subscribed their names as of the above LESSOR BY (Signature) (Title) IN PRESENCE OF (Signature) (Address) UNITEDII AMERICA Patricia M. Dixon BY 43:F 4s 41 Real Estate Contracting Officer (Signatuu ummd 5ua[ } S FORM GSA JUL 87 276 PROPOSED OVERFLOW PARKING LOT AND STORAGE AREA 192 PARKING SLOTS - 70,132 SF (1.61 Acres) frigumIti 1141.14-1.11:11H4lurriti:}1111111.- .----S - 17P•t7-,-I!!!!!4!!!II.cr,riS:— EXHIBIT A - USCG Development AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 13, 2018 Second Reading Ordinance for the City Council Meeting November 27, 2018 DATE: November 11, 2018 TO: Keith Selman, Interim City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 Valerie H. Gray, P. E., Executive Director of Public Works valerieg@cctexas.com (361) 826-3729 FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Andres Leal, Jr, P.E., Director of Street Operations andyl@cctexas.com (361) 826-1957 One-way Street Ordinance Amendment Removing a Portion of the One -Way Street Designations between Shoreline Boulevard and Water Street for Five City Streets in the Downtown Area CAPTION: Corpus Christi Code is revised to remove the one-way designation on portions of Starr Street, Peoples Street, Schatzell Street, William Street and John Sartain Street. PURPOSE: This amendment provides for the authorization to convert two blocks on Starr, Peoples, and Schatzell, and one block on William and John Sartain between Shoreline Boulevard and Water Street from one-way to two-way traffic flow. BACKGROUND AND FINDINGS: On April 24, 2018, City Council adopted the Tax Increment Reinvestment Zone (TIRZ) #3 (Downtown) Traffic and Planning Analysis that proposed conversion of several one-way streets to two-way streets. This proposed conversion is anticipated to better connect the Sea Wall and T - Heads with Shoreline Boulevard and the Marina Arts District, enhancing commercial activities and pedestrian environment. Project No: N/A 1 AL/LH Legistar No.: 18-0808 Rev. 3 —11/2/2018 Infrastructure improvements include traffic signal upgrades with replacement/upgrades to traffic signs and pavement markings. Pavement is anticipated to require some seal coats to blacken out existing markings with appropriate surface restoration prior to placing new pavement markings. One-way traffic flow is designated by ordinance and requires a revision to the City's Code of Ordinances (City Ordinance Section 53-250(a)) to remove the one-way traffic flow designation. Starr Street, Peoples Street, Schatzell Street, William Street, and John Sartain Street are designated as one-way streets between Lower Broadway to Shoreline Boulevard. The project will be partially funded through TIRZ #3. The City's Transportation Advisory Commission recommended approval of proposed ordinance amendment on May 21, 2018. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item conforms to the City Charter requirements to amend the Code of Ordinances. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Engineering Services, Street Operations, Planning, Business Liaison FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital X Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE COMMENTS: TBD Project No: N/A Legistar No.: 18-0808 2 AL/LH Rev. 3 —11/2/2018 RECOMMENDATION: City Staff recommends approval of this ordinance amendment and conversion to two-way street sections. LIST OF SUPPORTING DOCUMENTS: Ordinance Location Map Vicinity Map Presentation Project No: N/A 3 AL/LH Legistar No.: 18-0808 Rev. 3 — 11/2/2018 Corpus Christi Code is revised to remove the one-way designation on portions of Starr Street, Peoples Street, Schatzell Street, William Street and John Sartain Street. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-250 Schedule I – One-way streets and alleys, subsection (a) is revised to amend the one-way designation for portions of Starr Street, Peoples Street, Schatzell Street, William Street, and John Sartain Street. "Sec. 53-250. - Schedule I—One-way streets and alleys. (a) In accordance with section 53-104 and when properly signposted, traffic shall move only in the direction indicated upon the streets and alleys set out in this section. All streets designated as one-way during school days shall be one-way only between those hours established by the city manager, or such officers or employees of the city designated by the city manager, so as to be compatible with school hours and when so indicated by signs. Street or Portion of Street Direction of Traffic John Sartain Laguna Street, between Lower Broadway and East Water Street East Shorclinc Boulcvard (Ord. No. 19886, § 1, 7 28 1987) Peoples Street, between Lower Broadway and Water Street East West Shoreline Boulevard '--- - - i - -- - _ - - - -- - - e - Shoreline Boulevard Schatzell Street, between Lower Broadway and Water Street West West Shoreline Boulevard Schatzel Street, from West Shoreline Boulcvard to East West Shoreline Boulevard Starr Street, between East Shoreline and Lower Broadway and West Water Street. (Ord. No. 17101, § 1, 6 30 1982) Williams Street, between West Shoreline Boulevard and Lower Broadway and Water Street West Williams Street, from West Shoreline Boulevard to East West Shoreline Boulevard 11 SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor CORPUS CHRISTI LEOPARD SHIP CHANNE z O z oo 0 PROPOSED DOWNTOWN TWO WAY STREET CONVERSION SCALE: N.T.S. AERIAL FLOWN 2014 CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI CORPUS CHRISTI NAVAL AIR STATION FLOUR BLUFF LAGUNA MADRE PROPOSED DOWNTOWN TWO WAY STREET CONVERSION LOCATION MAP CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS STARR STREET BETWEEN SHORELINE BLVD. & WATER ST. PEOPLES STREET BETWEEN SHORELINE BLVD. Sc WATER ST. SCHATZELL STREET BETWEEN SHORELINE BLVD. & WATER ST. LAWRENCE WILLIAM STREET BETWEEN SHORELINE BLVD. & WATER ST. WILLIAM JOHN SARTAIN STREET (LAGUNA STREET) BETWEEN SHORELINE BLVD. & WATER ST. JOHN SARTAIN LEGEND a EXISTING STREET FLOW Q PROPOSED TWO WAY STREET FLOW PROPOSED DOWNTOWN TWO WAY STREET CONVERSION VICINITY MAP -- PROPOSED TWO WAY STREET LIMITS RECENT TWO WAY STREET CONVERSION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF STREET OPERATIONS Corpus Chr sti Engineering Ordinance Amending One-way Street Designations in the Downtown Area City Council Presentation November 13, 2018 Location Map Corpus Chr sti Engineering SHIP CHAN PROPOSED DOWNTOWN STREET TWO WAY TRAFFIC CONVERSION CORPUS CHRISTI BAY O TEXAS A&M UNIVERSITY CORPUS CHRISTI N SCALE: N.T.S. CORPUS CHRISTI NAVAL AIR STATION FLOUR BLUFF kA, 2 Vicinity Map Corpus Chr sti Engineering (�t 9S2a' .-....AV 'y5'.' r -TeP,.., --" u• p SS PRR Ty % % STARR STREET 'i ,. TA mmM NOM 99I t PIER 4. m F p '"A 1.5••°!--4,,``-` , r�zJ_�'� r PEOPLES STREET 1,: _,.y OMEN 9uWEl1D.e�ts[ I SCHAT7ELL. 4 a..,.;y,,. - 1 1U.z,..1.. _ _ i .4 SCHATZELL STREET 5 F Ei i SII IE EAS 11E11Sr. I SCALE: N.T.S. o• LAWRENCE 1 ViILLIAM STREET ERWEN some e 911. t MUER WIL4m WILLIAM QI (� J (t' V JOHN SARTAIN STREET (LAGUNA STREET; JOHN E[1Q l W SL JOHN SARTAIN - • z Lel 0 JOHN SARTAIN I c> <4.1 ev1d• 11iS_k" INVl;' •. *alp dWN1bd1100 LEGEND a EXISTING STREET FLOW Q PROPOSED TWO WAY STREET FLOW ---- PROPOSED TWO WAY STREET LIMITS RECENT TWO WAY STREET CONVERSION Background Corpus Chr'sti Engineering On April 24, 2018, City Council adopted a Traffic and Planning Analysis for TIRZ #3. The following summarizes the recommendations: • Enhance pedestrian environment and commercial activity between seawall and T -heads with Shoreline Blvd and Marina Arts District • Remove "One -Way" Designations between Shoreline Blvd and Water St on the following streets: Starr St Peoples St Schatzell St William St and Laguna St. (John Sartain St.) • Implement improvements, pavement preparation and markings, traffic signage, and traffic signal timing adjustments 40140 Corpus Chr 5ti Engineering Questions AGENDA MEMORANDUM 1st Reading Ordinance for the City Council Meeting of November 13, 2018 2nd Reading Ordinance for the City Council Meeting of November 27, 2018 DATE: October 12, 2018 TO: Keith Selman, Interim City Manager FROM: Rudy Bentancourt, Director of Housing and Community Development RudyB(acctexas.com (361)826-0000 Transfer of Surplus City Properties to the Community Development Corporation of Brownsville CAPTION: Ordinance approving an Affordable Housing Agreement between the City and Community Development Corporation of Brownsville and authorizing the execution of the Agreement and any other necessary documents to carry out the terms of the Agreement. PURPOSE: This item seeks to support the community by providing City property to a qualified affordable housing organization. BACKGROUND AND FINDINGS: In accordance with Chapter 253 of the Texas Local Government Code, the City of Corpus Christi may, by ordinance, provide for the manner in which any land acquired by the City may be sold to qualified non-profit corporations for the development of affordable single-family housing units so as long as reasonable conditions are imposed and met. The City has determined that Community Development Corporation of Brownsville (CDCB) is a qualified non-profit corporation that develops housing for low-income individuals and families as a primary activity to promote community-based revitalization of the municipality. The City desires to convey the three (3) parcels of land to CDCB, and CDCB agrees to accept the land and to build single-family affordable housing on each parcel in accordance with the terms and conditions of the Agreement. ALTERNATIVES: Do not allow this conveyance. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This item conforms to City Policy EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Housing and Community Development Legal Department 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 recommend approving this ordinance which allows for the conveyance of surplus City property to a qualified non-profit organization for the purpose of developing affordable housing. LIST OF SUPPORTING DOCUMENTS: Ordinance CDCB Agreement Letter of Request — CDCB Ordinance approving an Affordable Housing Agreement between the City and Community Development Corporation of Brownsville and authorizing the execution of the Agreement and any other necessary documents to carry out the terms of the Agreement Whereas, it is the City Council's express intention and goal to support the creation, construction, and occupation of affordable housing available to low-income individuals and families within the City of Corpus Christi ("City"); Whereas, to advance the goal, the City Council has determined that particular parcels of municipally -owned land may be sold to qualified nonprofit corporations for the development of affordable single-family housing units so long as reasonable conditions are imposed and met; Whereas, in accordance with Section 253.010 of the Texas Local Government Code, the City Council may provide for the manner in which any land acquired by the city may be sold to a qualified nonprofit corporation; Whereas, the City has determined that the Community Development Corporation of Brownsville, a Texas nonprofit corporation, ("CDCB") is a qualified nonprofit corporation pursuant to the provisions of Section 253.010 of the Texas Local Government Code; Whereas, the City desires to convey three parcels of land to CDCB for development of single-family affordable housing subject to the terms and conditions set forth in the Affordable Housing Agreement attached hereto as Exhibit "A;" and Whereas, the City agrees to convey the three parcels of land to CDCB, and CDCB agrees to accept the land and to build single-family affordable housing on each parcel in accordance with the terms and conditions of the Agreement. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager or designee is authorized to execute all necessary documents related to the transfer of three parcels of land owned by the City to Community Development Corporation of Brownsville for development of single-family affordable houses on each lot in accordance with the terms and conditions of the Affordable Housing Agreement attached hereto as Exhibit "A." Section 2. Subject to terms and conditions set out in the Affordable Housing Agreement attached hereto as Exhibit "A," the City Manager or designee is authorized to convey the following parcels of land to CDCB: (1) 502 18th Street, Lot 2, Block 5, H.E. Luter Partition, Corpus Christi, Texas; (2) 508 18th Street, Lot 1, being a part of Tract 5, H.E. Luter Partition, also known as Lots 1 and 2 of Neylands Colonial Mexicana Addition, Corpus Christi, Texas; (3) 4238 Barrera, South one-half (1/2) of Lot 12, Block 3, Molina Addition, Corpus Christi, Texas. Section 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision of this ordinance be given full force and effect for its purpose. Section 4. A copy of the executed documents shall be filed in the office of the City Secretary. [Remainder of Page is Blank] 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 Everette Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED, this the day of 2018. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor AFFORDABLE HOUSING AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND COMMUNITY DEVELOPMENT CORPORATION BROWNSVILLE 1. Agreement for New Construction of Affordable Housing. This agreement ("Agreement") between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Community Development Corporation of Brownsville, a Non - Profit Corporation ("CDCB") is made to govern the terms of the City's transfer of three vacant residential lots to CDCB in return for CDCB's construction of three single-family affordable houses on the lots. 2. Effective Date. The effective date of this Agreement is the date on which the last party executes this Agreement. 3. Term. The term of this Agreement extends twenty-four (24) months from the effective date. 4. CDCB's Responsibilities. a. CDCB shall construct three new single-family houses in Corpus Christi on the lots identified below. These houses shall be constructed in compliance with the City's Zoning Ordinance, Unified Development Code, International Building Codes (as amended by the City) and all other applicable city ordinances and regulations. 1. 502 18th Street, Lot 2, Block 5, H.E. Luter Partition, Corpus Christ, Texas. 2. 508 18th Street, Lot 1, being part of Tract No. 5, H.E. Luter Partition, also known as Lots 1 and 2 of Neylands Colonia Mexicana Addition, Corpus Christ, Texas. 3. 4238 Barrera, South one-half (1/2) of Lot 12, Block 3, Molina Addition, Corpus Christi, Texas. b. The City certifies only that it is the owner of lots and that there are no City liens against the property ('hereinafter "Property"). CDCB shall be solely responsible for obtaining title insurance, surveys or boundary line surveys for the Property if they so desire. c. CDCB shall complete construction of three (3) new single-family homes on the lots referenced herein and shall offer the houses for sale as affordable housing, as that term is defined in Title 42 of the United States Code, Section 12745. d. CDCB shall recruit qualified homebuyers to purchase the three new houses and CDCB shall ensure that the applicants qualify as low-income or low -to -moderate income individuals or families who qualify under Affordable Housing Income Guidelines for Nueces County, Texas and as provided in Federal law. e. All construction work must be performed in a workmanlike manner and in accordance with the applicable housing standards, building codes and other applicable state, federal or local laws. f. The houses must be certified to meet Texas Department of Insurance windstorm requirements. Additionally, the houses must be constructed to meet the requirements of the International Energy Conservation Code. g. CDCB shall not request any funding from the City to construct the houses identified herein which are to be used for affordable housing as that term is defined in federal law. h. CDCB shall start construction on at least one house within one -hundred and eighty (180) days of the effective date of this Agreement and shall complete construction of all three houses within thirty (30) months of the effective date of this Agreement. 5. City's Responsibilities. a. Following City Council approval of this Agreement and execution of the Agreement by both parties, the City will convey the three (3) parcels of land identified below and more particularly described in Exhibit "A" attached hereto. (1) 502 18th Street, Lot 2, Block 5, H.E. Luter Partition; (2) 508 18th Street, Lot 1, part of Tract 5, H.E. Luter Partition; and (3) 4238 Barrera Drive, South "/z of Lot 12, Block 3, Molina Addition. b. The City will convey the referenced vacant lots to CDCB in consideration of CDCB's commitment to build single-family houses on each lot as affordable housing. Once the houses are constructed, the houses must be sold to a person or family whose income level qualifies them for affordable housing as set forth in federal law and regulations. This transaction is also subject to the imposition of restrictive covenants in the conveyance documents including but not limited to: (1) A restriction that limits development of a structure on the property to single-family residential housing and only those structures that meet the definition of "affordable housing," as defined under federal law, available for purchase by low income or low -to -moderate income individuals and families; and (2) A reversionary clause in the City's benefit, that would require the property to be automatically reverted back to the City if CDCB fails to construct single-family affordable houses on the Tots within the time period set out in this Agreement or should CDCB fail to sell the houses to a low-income or low -to -moderate income person or family who qualifies for affordable housing under federal law and regulations. c. City's Disclaimer. Except for City's special warranty of title to be contained in the Special Warranty Deed to CDCB at closing, but subject to the limitations contained herein, City hereby specifically disclaims any warranty, guaranty, or representation, oral or written; past, present or future, of, as to, or concerning (i) the nature and condition of the Property, including but not by way of limitation, the water, soil, geology and the suitability thereof, and of the Property, for any and all activities and uses which CDCB may elect to conduct thereon, income to be derived therefrom or expenses to be incurred with respect thereto, or any obligations or any other matter or thing relating to or affecting the same; (ii) the nature and extent of any easement, right-of-way, lease, possession, lien, encumbrance, license, reservation, condition or otherwise; and (iii) the compliance of the Property or the operation of the Property with any laws, rules, ordinances, or regulations of any government or other body. City will convey the above identified parcels of land "as is, where is," with all faults; certifying only that there are no liens on the identified properties and the City is the current owner of the identified properties. d. Environmental Disclaimer. EXCEPT AS STATED IN THIS AGREEMENT, IN CONNECTION WITH THE CONVEYANCE OF THE PROPERTY, CITY HAS NOT MADE AND DOES NOT MAKE, ANY REPRESENTATIONS, WARRANTIES OR COVENANTS OF ANY KIND OR CHARACTER WHATSOEVER, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE QUALITY OR CONDITION OF THE PROPERTY, THE SUITABILITY OF THE PROPERTY FOR ANY AND ALL ACTIVITIES AND USES WHICH CDCB MAY CONDUCT THEREON, COMPLIANCE BY THE PROPERTY WITH ANY LAWS, RULES, ORDINANCES OR REGULATIONS OF ANY APPLICABLE GOVERNMENTAL AUTHORITY OR HABITABILITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SPECIFICALLY, CITY DOES NOT MAKE ANY REPRESENTATIONS REGARDING HAZARDOUS WASTE, AS DEFINED BY THE LAWS OF THE STATE OF TEXAS AND ANY REGULATIONS ADOPTED PURSUANT THERETO OR THE U. S. ENVIRONMENTAL PROTECTION AGENCY REGULATIONS AT 40 C.F.R., PART 261, OR THE DISPOSAL OF ANY HAZARDOUS WASTE OR ANY OTHER HAZARDOUS OR TOXIC SUBSTANCES IN OR ON THE PROPERTY. Subject to the warranties and representations made by City in this Agreement, CDCB agrees to accept the Property at Closing with the Property being in its present AS IS condition WITH ALL FAULTS. 6. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, and word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Program Agreement automatically. 8. Compliance with Laws. CDCB shall comply with all applicable federal, State, and City laws, rules, and regulations which may be relevant to CDCB's performance under this Agreement. 9. Jurisdiction and Venue. a. This Agreement will be governed by and construed in accordance with the laws of the State of Texas. b. All actions brought to enforce compliance with this Agreement must be brought in Nueces County, Texas, where this Agreement was entered and must be performed. 10. Acknowledgment and Construction of Ambiguities. The parties expressly agree that each has independently read and does understand this Agreement. By CDCB's execution of this Agreement, CDCB agrees to be bound by the terms, covenants, and conditions contained in this Agreement. Any ambiguities in this Agreement may not be construed against the drafter. 11. Notices. a. All notices, demands, requests, or replies provided for or permitted under this Agreement, by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by deposit with an ovemight express delivery service, for which service has been prepaid; or (5) by fax transmission. b. Notice deposited with the United States Postal Service in the manner described above will be deemed effective three (3) business days after deposit with the United States Postal Service. Notice by telegram or ovemight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax transmission will be deemed effective upon transmission, with proof of confirmed delivery. c. All such communications must only be made to the following: If to the City: City of Corpus Christi Housing Community Development P.O. Box 9277 Corpus Christi, Texas 78469-9277 (361) 826-3232 Office With a copy to: City of Corpus Christi Attn: City Attorney P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3361 Office If to CDCB: Community Development Corporation of Brownsville 901 E. Levee Street Brownsville, Texas 78520 (956) 541-4955 Office d. Either party may change the address to which notice is sent by using a method set out above. Habitat shall notify the City of an address change within 10 working days after the address is changed. 12. Warranties. CDCB warrants and represents to the City the following: a. CDCB is a duly organized Non -Profit Corporation, exempt from Federal taxation under Sec. 501(c)(3) of the Internal Revenue Code of 1986, as amended, and is a legal entity in good standing under the laws of the State of Texas authorized to do business in the State of Texas. b. CDCB has the authority to enter into and perform, and will perform, the terms of this Agreement. c. CDCB has timely filed and will timely file all local, State, and federal tax reports and retums required by law to be filed and all taxes, assessments, fees, and other govemmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. The parties executing this Agreement on behalf of CDCB are duly authorized to execute this Agreement on behalf of CDCB. 13. Events of Default. The following events constitute a default of this Agreement: a. Failure of CDCB to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The City determines that any representation or warranty on behalf of CDCB contained in this Agreement or in any financial statement, certificate, report, proposal, or opinion submitted to the City in connection with this Agreement was incorrect or misleading in any material respect when made. c. Any judgment is assessed against CDCB or any attachment or other levy against the property of CDCB, with respect to a claim, remains unpaid, undischarged, or not dismissed for a period in excess of 30 days. d. CDCB has made an assignment for the benefit of creditors. Provided, however, CDCB may take out a mortgage on the lots described herein for the purposes of building single-family affordable houses on the lots. e. CDCB files a petition in bankruptcy or is adjudicated insolvent or bankrupt. f. If taxes on property owned by CDCB become delinquent and CDCB fails to timely and properly follow the legal procedures to protest or contest. 14. Relationship of Parties. In performing this Agreement, the City and CDCB shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint -ventures, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 15. No Assignment. CDCB may not transfer this Agreement or any of the rights contained in this Agreement without the prior written consent of the other party to this Agreement. Provided, however, this clause shall not prevent CDCB from mortgaging the lots described herein to build single-family affordable houses on the lots as set forth herein. 16. Disclosure of Interests. In compliance with Section 2-349 of the City's Code of Ordinances, the Recipient shall complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit "B", the contents of which, as a completed form, are incorporated in this document by reference as if fully set out in this Agreement. CDCB 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:llwww.cctexas.comlgovernmenticity-secretarvlconflict- disclosurelindex 17. Certificate of Interested Parties. (Exhibit "C"). CDCB 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, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/leoal/ch46.html. 18. Non-discrimination. CDCB may not discriminate nor permit discrimination against any person or group of persons on the grounds of race, gender, disability, religion, age, or national origin in any manner prohibited by the laws of the United States or the State of Texas. The City retains the right to take any action the United States or the State of Texas may direct to enforce this non-discrimination covenant. 19. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 20. Entire Agreement. This Agreement and the referenced and incorporated documents constitute the entire agreement between the City and CDCB for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Agreement, unless contained in this Agreement, are expressly revoked, as the parties intended to provide for a complete understanding, within the provisions of this Agreement and its referenced and incorporated documents, of the terms, conditions, promises, and covenants relating to each party's required performance under this Agreement. [SIGNATURE PAGE FOLLOWS] CITY OF CORPUS CHRISTI Samuel "Keith" Selman Interim City Manager Date: COMMUNITY DEVELOP ' CO ` ' ORATION OF BROWNSVILLE Name: ',i I 'man/ ' Title: a. ► r ! $ Date: S4 ECilA.' Vivi 'Li, 2011) EXHIBIT A The lots to be conveyed by the City to CDCB as part of the Affordable Housing Agreement, are described as follows: 502 18th Street: Lot Two (2), Block Five (5), H.E. Luter Partition, City of Corpus Christi, Nueces County, Texas, according to the established map or plat thereof recorded in Volume 31, page 27A, Map and Plat Records of Nueces County, Texas. 508 18th Street: FIRST TRACT: Lot No. One (1), being part of Tract No. Five (5), of Luter Partition and being also known as LOT 1 OF NEYLANDS COLONIA MEXICANA ADDITION which plat has not been filed for record, City of Corpus Christi, Nueces County, Texas, and the tract hereby conveyed being described as follows: BEGINNING at the point of intersection of the South line of Lot 5, of said Luter Partition with the East line of 18th Street which is the Southwest comer of Lot 5 of said Luter Partition and the Southwest comer of this tract; THENCE in Northerly direction along the East line of 18th Street and West line of Lot 5, Luter Partition a distance of 25 feet to a point for the Northwest corner of this tract; THENCE in an Easterly direction parallel with the South line of Lot 5 Luter Partition, 102.1 feet to a point for the Northeast comer of this tract; THENCE in a Southerly direction parallel with the East line of 18th Street and West line of Lot 5 Luter Partition, a distance of 25 feet to point in South line of Lot 5 Luter Partition for the Southeast comer of this tract; THENCE in a westerly direction along the Southerly line of Lot 5 Luter Partition to the place of beginning. SECOND TRACT: Being part of Tract 5 of H. E. Luter Partition and being also known as LOT 2 OF NEYLANDS COLONIA MEXICANA ADDITION, which plat has not been filed for record, City of Corpus Christi, Nueces County, Texas, and the tract hereby conveyed being described as follows: BEGINNING at the point of intersection of the South line of Lot or Tract 5 of said Luter Partition with the East line of 18th Street; THENCE in a Northerly direction along the East line of 18th Street and the West line of Lot 5, Luter Partition a distance of 25 feet for POINT OF BEGINNING, THENCE continuing same direction, a distance of 25 feet for the Northwest corner of this tract; THENCE in an Easterly direction parallel with the South line of Lot 5 Luter Partition, 102.1 feet to a point for the Northeast corner of this tract; THENCE in a Southerly direction parallel with the East line of 18th Street and West line of Lot 5 Luter Partition, a distance of 25 feet to a point for the Southeast comer of this tract; THENCE in a Westerly direction along a line parallel with the South line of Lot 5 Luter Partition, 102.1 feet to the Northeast comer of this tract and PLACE OF BEGINNING. 4238 Barrera Drive: The South One-half (S 1/2) of Lot Twelve (12), Block Three (3), Molina Addition, a subdivision in the City of Corpus Christi, Nueces County, Texas, as shown by the map or plat thereof recorded in Volume 9, Page 53, Map Records of Nueces County, Texas, to which reference is her made for all pertinent purposes. EXHIBIT B CITY OF CORPUS CHRISTI - DISCLOSURE OF INTERESTS 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 the definitions for the Disclosure of Interest in Section 11- General Information. COMPANY NAME: MAILING ADDRESS: CITY: ZIP: FIRM is: 1. Corporation 4. Association 2. Partnership ( ) 3. Sole Owner ( ) 5. Other ( ) DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach a 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) 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 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 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 CERTIFICATE: 1 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: EXHIBIT C ATTACH FORM 1295 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2018-404830 Date Fled: 09/17/2018 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. Community Development Corporation of Brownsville Brownsville, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 000000 Affordable Housing for City of Corpus Christi Residents 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling 1 Intermediary City of Corpus Christi Corpus Christi (and vicinity), TX X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is , and my date of birth Is My address is . (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is True and correct. Executed in County, State of on the day of 20 . (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.6711 COMMUNITY DEVELOPMENT CORPORATION OF BROWNSVILLE 901 East Levee Street Brownsville, Texas 78520 May 15, 2018 City Manager of the City of Corpus Christi 1202 Leopard Street Corpus Christi Texas 78401 City Manager Margie C. Rose, On behalf of the Community Development Corporation of Brownsville, CDCB, it is a pleasure to have the opportunity to partner with the City of Corpus Christi to assist in expanding affordable housing options. CDCB is requesting the conveyance of (4) infill development properties currently owned by the City located at the following addresses: - (1) 502 Eighteenth Street, Corpus Christi Texas 78405 & (2) 508 Eighteenth Street, Corpus Christi Texas 78405 (3) 4238 Barrera Drive, Corpus Christi Texas 78416 (4)1018 Lake Street, Corpus Christi Texas 78401 CDCB is a private 501(c)3 non-profit community housing development corporation (CHDO). Founded in 1974, CDCB has been providing safe, sanitary affordable housing to the citizens for the past 41 years. Overithe last 9 months, we have been training a local contractor and designing model housing that is truly affordable. In process, located at 2517 Persimmons Corpus Christi, Tx 78415, is a 1,581 square foot, 3 bedroom and 2 bath, single-family unit with granite counter tops, stainless steel appliances (dishwasher, stove, refrigerator, microwave), enclosed water heater, windstorm certified, energy star and one -car garage house. The sale price for this home will be roughly $155,000 (construction is roughly $120,000 - lot cost is $25,000); Removing the garage would reduce the sale price to $135,000. Conveyance of infill property by the City of Corpus Christi will allow a reduction of overall cost (cost of property acquisition) — making the house more affordable for the future homeowners in Corpus Christi. On the requested lots above — CDCB will work with Corpus Christi clients 80% AMI and below to design and construct new residential houses for homeownership. Sales prices for these single-family homes will range between $90,000 —160,000 and each unit will range between 800 and 1600 square feet. CDCB will operate and administer the home builder and buyer program conducting and carrying out the following activities and duties. • Borrower Applicant Intake and qualification review, including income qualification (80% or less of AMI) • Conduct Homebuyer Counseling for each client (in partnership with Catholic Charities) • Environmental Site Approval (if necessary for client home purchase) - design and construction • Manage Closing Process as it relates to sourcing of funds We hope conveyance of said (4) properties is agreeable to the City of Corpus Christi. If you have any questions and/or concerns please do not hesitate to contact me. We look forward to working with the City of Corpus for affordable housing infill development. Best, OIL?j Chloe Dotson Director of Real Estate Development Community Development Corporation of Brownsville 956.579.4489 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 13, 2018 Second Reading Ordinance for the City Council Meeting of November 27, 2018 DATE: October 12, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Closing of a portion of a utility easement located at 6024 Crosstown State Highway 286 CAPTION: Ordinance abandoning and vacating a 0.300 acre portion of an existing utility easement out of Cabaniss Acres No. 2 Subdivision, Lot 6, located at 6024 Crosstown State Highway 286. PURPOSE: The purpose of this ordinance is to close, abandon and vacate a portion of an existing utility easement. The addition of property and subsequent re -platting renders the utility easement unnecessary. BACKGROUND AND FINDINGS: CDS Muery, representing AEP Texas Inc. (Owner) is requesting the closing, vacation and abandonment of a 0.300 acre portion of an existing 15 -foot utility easement out of Cabaniss Acres No. 2 Subdivision, Lot 6, located at 6024 Crosstown State Highway 286. This abandonment and vacation of the utility easement is being requested by the owner due to the addition of property and subsequent re -platting. All public and franchised utilities were contacted and none of the City departments or franchised utility companies stated objections regarding the proposed utility easement closure. The closure is being proposed to allow development of an AEP Texas Inc. service center. ALTERNATIVES: Denial of the proposed utility easement closure, abandonment and vacation. This will adversely impact the Owner's ability to move forward with development of the subject property. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: These requirements are in compliance with the City Code of Ordinances 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 utility easement closure. No utilities are located in the proposed easement closure. FINANCIAL IMPACT: Oaeratin Revenue Caaital 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 easement closure. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Presentation Ordinance abandoning and vacating a 0.300 acre portion of an existing utility easement out of Cabaniss Acres No. 2 Subdivision, Lot 6, located at 6024 Crosstown State Highway 286. WHEREAS, CDS Muery, representing AEP Texas Inc. (Owner) is requesting the abandonment and vacation of 0.300 acre portion of an existing utility easement out of Cabaniss Acres No. 2 Subdivision, Lot 6, located at 6024 Crosstown State Highway 286; WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate a 0.300 acre portion of an existing utility easement, subject to compliance by the Owner with the conditions specified in this ordinance. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Pursuant to the request of CDS Muery, representing AEP Texas Inc. (Owner), a 0.300 acre portion of an existing utility easement out of Cabaniss Acres No. 2 Subdivision, Lot 6, located at 6024 Crosstown State Highway 286, as recorded in Volume 67, Page 237 of the 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 "A," which is a metes and bounds description and field notes, "Exhibit B", which is the graphical representation of the legal, which are attached to and incorporated in this ordinance by reference as if it was fully set out herein in their entireties. SECTION 2. The abandonment and vacation of the utility easement described in Section 1 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 easement 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. b. The maintenance responsibilities for the vacated easement reverts to AEP Texas Inc. (Owner). c. Failure to comply with all the conditions outlined in this Ordinance within 180 days will hereby make the Ordinance null and void. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Lucy Rubio Paulette Guajardo Greg Smith Michael Hunter Everett Roy Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor "4 CDS muerY ENGINEERS • SURVEYORS EXHIBIT A 0.300 OF AN ACRE UTILITY EASEMENT CLOSURE BEING a 0.300 of an acre utility easement closure over and across a portion of Lot 6 of the Cabaniss Acres No. 2 Subdivision as described in volume 68, page 885, Map Records of Nueces County, Texas, same also being a portion of a 15' utility easement as described in Cabaniss Acres No. 2 Subdivision and recorded in volume 67, page 237, Map Records of Nueces County, Texas, same also being described by a drawing (Utility Easement Closure-Rl.dwg, dated October 17, 2018) attached to and made a part hereof and being more particularly described by metes and bounds as follows: COMENCENCING at a 1/2" iron rod found with plastic cap stamped "CDS/MUERY S.A. TX." lying in the northwest right-of-way line of Ayers Street (BU286A) (100' wide right-of-way) as described in volume G, page 548, County Court Records of Nueces County, Texas, for the east corner of the aforementioned Lot 6 and the south corner of a 1.23 acre tract of land out of Lot 2, Block 7 as described and recorded in volume 2207, page 815, Deed Records of Nueces County, Texas; THENCE along the northwest right-of-way line of the aforementioned Ayers Street (BU286A) and the southeast line of the aforementioned Lot 6, S28°39'40"W a distance of 424.52 feet to a point; THENCE leaving the northwest right-of-way line of the aforementioned Ayers Street (BU286A) and the southeast line of the aforementioned Lot 6, and along the northeast line of the aforementioned 15' utility easement, N61°51'17"W a distance of 15.00 feet to the PLACE OF BEGINNING and the east corner of the herein described 0.300 of an acre tract; THENCE leaving the northeast line of the aforementioned 15' utility easement, S28°39'40"W a distance of 15.00 feet to a point in the southwest line of said 15' utility easement for the south corner of the herein described 0.300 of an acre tract; THENCE along the southwest line of the aforementioned 15' utility easement, N61 °51'17"W a distance of 870.21 feet to a point in the east line of a 20' utility easement as described and recorded in volume 68, page 885, Map Records of Nueces County, Texas, for the west corner of the herein described 0.300 of an acre tract; THENCE leaving the southwest line of the aforementioned 15' utility easement, along the east line of the aforementioned 20' utility easement, N28°57'03"E a distance of 0.21 feet to a point and N30°20'07"E a distance of 14.80 feet to a point in the northeast line of said 15' utility easement for the north corner of the herein described 0.300 of an acre tract, from which a TXDOT Type 11 Brass Disk Monument in the east right-of-way line of State Highway 286, as described and recorded in volume 8, page 806 Lis Pendens Records of Nueces County, Texas (a variable width right-of-way) bears N61°51'17"W a distance of 20.02 feet and S30°20'07"W a distance of 14.28 feet; Page 1 of 2 UTILITY EASEMENT CLOSURE-Rl.docx October 17, 2018 3411 Magic Drive • San Antonio, Texas 78229 • Phone: (210) 581-1 1 11 • Fax: (210) 581-5555 • TBPE No. F-1733 • TBPLS No. 100495-00 THENCE leaving the southeast line of the aforementioned 20' utility easement, along the northeast line of the aforementioned 15' utility easement, S61°51'17"E a distance of 869.78 feet to the PLACE OF BEGINNING and containing 0.300 of an acre of land. The bearing basis for this survey is Grid North, Texas State Plane Coordinate System, NAD 1983(HARN), South Zone. THE STATE OF TEXAS X X KNOWN TO ALL MEN BY THESE PRESENTS: COUNTY OF BEXAR X I, John T. Kubala, a Registered Professional Land Surveyor, do hereby certify that the above field notes were prepared using information obtained by an on the ground survey made under my direction and supervision in August 2014 thru January 2016 and October 2018. Date (714- day of fit). 2018 A.D. Page 2 of 2 UTILITY EASEMENT CLOSURE-R1.docx October 17, 2018 T. Kub� �2 Registered Professional Land Surveyor No. 4505 - State of Texas 3411 Magic Drive • San Antonio, Texas 78229 • Phone: (210) 581-11 II • Fax: (210) 581-5555 • TBPE No. F-1733 • TBPLS No. 100495-00 0 d N61'51'17'W 15.00' POB N: 17,152, 693.82 E: 1, 328, 453.64 S28'39'40"W 15.00' DETAIL A NOT TO SCALE r COI VARIABLE STATE HIGHWAY 286 TXDOT TYPE II BRASS DSK MONUMENT FOUND ( 200' S30'20'07"W 14.28' 400' 5 LEGEND 0 — FOUND MONUMENTATION Q — UNMONUMENTED POINT POB — PLACE OF BEGINNING POC — PLACE OF COMMENCEMENT D.R.N.C. — DENOTES DEED RECORDS OF NUECES COUNTY, TEXAS M.R.N.C.— DENOTES MAP RECORDS OF NUECES COUNTY, TEXAS R — PROPERTY LINES TXDOT — TEXAS DEPARTMENT OF TRANSPORTATION LEGAL DESC. UTILfTY EASEMENT CLOSURE-R1.docx CDS JOB NO. 118258 BEARING BASIS: GRID NORTH COORDINATE SYSTEM: TEXAS STATE PLANE, NAD 1983(HARN), SOUTH ZONE ALL DISTANCES SHOWN ARE SURFACE. (GRID X 1.00002 = SURFACE) THIS EXHIBIT REPRESENTS A BOUNDARY SURVEY ONLY. 0 BOHEMIAN COLONY LANDS 1.23 ACRES OUT OF LOT 2, BLOCK 7, VOL. 2207, PG. 815, D.R.N.C. LOT 1-R, BLOCK 1 CABANISS ACRES NO. 2 VOL. 67, PG. 583 M.R.N.C. REMAINING PORTION OF A 0.146 OF AN ACRE DRAINAGE EASEMENT DOC. NO. 2008027124 0.P.R.N.C. 20' UTILITY EASEMENT CABANISS ACRES NO. 2 VOL. 67, PG. 237 M.R.N.C. ;SEE DETAIL B 0---0 LOT 2, BOHEM/AN VOL. SECTION 7 COLONY LANDS A, PG. 48 M.R.N.C. LOT 6 CABANISS ACRES NO. 2 VOL. 68, PG. 885 M.R.N.C. S61'51'17"E 869.78' N61'51'17"W 870.21' N61'51'17"W 20.02' N30'20'07"E 14.80' N28'57'03"E 0.21' I 1 200' 100' 0 O ce L r 200' IMM DETAIL B NOT TO SCALE 20' UTILITY EASEMENT CABANISS ACRES NO. 2 VOL. 67. PG. 237 M.R.N.C. UTILITY EASEMENT CLOSURE 0.300 OF AN ACRE (13.050 S0. FT.) 15' UTILITY EASEMENT CABANISS ACRES NO. 2 VOL. 67, PG. 237 M.R.N.C. SEE DETAIL A 15' UTILITY EASEMENT CABANISS ACRES NO. 2 VOL 67, PC. 237 M.R.N.C. 1/2" IRON ROD FOUND WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX" it POC 50' I 50' II // P'`j wJ j EXHIBIT B SKETCH TO ACCOMPANY FIELDNOTES for a 0.300 of an acre utility easement closure, over and across Lot 6, Cabaniss Acres No. 2 Subdivision, volume 68, page 885, Map Records of Nueces County, Texas. 1 CDS muerY ENGINEERS • SURVEYORS DRAWN BY: J. RODRIGUEZ DATE: OCTOBER 17, 2018 DRAWING NAME: UTILITY EASEMENT CLOSURE—R1.DWG IRE "" Brp CABANISS ACRES VOL. 10, PG. 20 LOT 2 0 LOT 9 M.R.N.C. LOT 1 LOT 8 LOT 7 LOT 6 LOT 5 LOT 4 LOT 3 0 BOHEMIAN COLONY LANDS 1.23 ACRES OUT OF LOT 2, BLOCK 7, VOL. 2207, PG. 815, D.R.N.C. LOT 1-R, BLOCK 1 CABANISS ACRES NO. 2 VOL. 67, PG. 583 M.R.N.C. REMAINING PORTION OF A 0.146 OF AN ACRE DRAINAGE EASEMENT DOC. NO. 2008027124 0.P.R.N.C. 20' UTILITY EASEMENT CABANISS ACRES NO. 2 VOL. 67, PG. 237 M.R.N.C. ;SEE DETAIL B 0---0 LOT 2, BOHEM/AN VOL. SECTION 7 COLONY LANDS A, PG. 48 M.R.N.C. LOT 6 CABANISS ACRES NO. 2 VOL. 68, PG. 885 M.R.N.C. S61'51'17"E 869.78' N61'51'17"W 870.21' N61'51'17"W 20.02' N30'20'07"E 14.80' N28'57'03"E 0.21' I 1 200' 100' 0 O ce L r 200' IMM DETAIL B NOT TO SCALE 20' UTILITY EASEMENT CABANISS ACRES NO. 2 VOL. 67. PG. 237 M.R.N.C. UTILITY EASEMENT CLOSURE 0.300 OF AN ACRE (13.050 S0. FT.) 15' UTILITY EASEMENT CABANISS ACRES NO. 2 VOL. 67, PG. 237 M.R.N.C. SEE DETAIL A 15' UTILITY EASEMENT CABANISS ACRES NO. 2 VOL 67, PC. 237 M.R.N.C. 1/2" IRON ROD FOUND WITH PLASTIC CAP STAMPED "CDS/MUERY S.A. TX" it POC 50' I 50' II // P'`j wJ j EXHIBIT B SKETCH TO ACCOMPANY FIELDNOTES for a 0.300 of an acre utility easement closure, over and across Lot 6, Cabaniss Acres No. 2 Subdivision, volume 68, page 885, Map Records of Nueces County, Texas. 1 CDS muerY ENGINEERS • SURVEYORS DRAWN BY: J. RODRIGUEZ DATE: OCTOBER 17, 2018 DRAWING NAME: UTILITY EASEMENT CLOSURE—R1.DWG IRE "" Brp Easement Closure for Cabaniss Acres No. 2 Subdivision, Lot 6 (6024 Crosstown State Highway 286) City Council Presentation November 27, 2018 Vicinity Map At N Aerial Overview Proposed 15' wide utility easement closure Staff Recommendation Approval J AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting of November 27, 2018 DATE: October 24, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director of Development Services NinaM@cctexas.com (361) 826-3276 Approval of a Deferment Agreement for Puerto Los Caballeros CAPTION: Motion authorizing execution of Deferment Agreement ("Agreement") with Puerto Los Caballeros, LLC ("Developer"), for construction of waterline extension. PURPOSE: Puerto Los Caballeros, LLC, is required to install approximately 3,200 linear feet of 6 - inch waterline extension to provide adequate water service to the proposed commercial development. BACKGROUND AND FINDINGS: Puerto Los Caballero, LLC, is requesting a deferment agreement to guarantee the construction and installation of a 6 -inch waterline extension and provide water service to the commercial development of 39.750 acres, situated in the Mariano Lopez de Herrera Grant, Abstract No. 606, Nueces County, Texas, being the same 39.750 Acre Tract described in Warranty Deed from 624 Property, LLC, a Texas limited liability company to Puerto Los Caballeros LLC, as recorded in Document No. 2017042666. Official Public Records of Nueces County, Texas. The plat for Puerto Los Caballeros Tract Bock 1, Lot 1 was approved by Planning Commission on May 16, 2018. A layout of existing and proposed improvements is included as Exhibit 2 of the agreement. The development is located south of Northwest Blvd (FM 624) and east of County Road 73. Per Unified Development Code (UDC) Section 8.1 Puerto Los Caballeros, LLC is obligated to construct waterline public improvements. River Acres Water System, the utility provider, has authorized service to the property. River Acres Water System will approve plans for construction and inspect and accept the public improvements. Approved construction drawings must be provided by owner for review and acceptance by the City's Development Services Engineer. UDC Section 8.1.3.A provides that all infrastructure and public improvements shall be designed and installed in accordance with the Comprehensive Plan and applicable area development and master plans. Section 8.1.10 provides that a deferment agreement can permit subdivision plats to be approved for recordation prior to completion of improvements if cause exists to delay the required improvements for plat recordation and if a financial security is provided. The owner desires to record the plat prior to installation of the public improvements to advance business plans including construction of the water line. Since the subject property is being served by River Acres Water System, and the City will not be accepting the infrastructure, the owner requests deferment of the public improvements without a financial security. The deferment agreement provides that no building permit for vertical structures shall be issued for all or any portion of the real property that is subject of the Plan until the deferred improvements are constructed, installed in working order, and accepted by the River Acres Water System. If the owner defaults, the City shall not issue any building permits for vertical structures or certificate of occupancy. This covenant shall run with the land. Any deviations from the approved standard form agreement which required a financial security requires a recommendation from the Planning Commission and approval by the City Council in accordance with UDC Section 8.1.10.6.4. ALTERNATIVES: Disapproval of the Deferment Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Article 8 Subdivision Design and Improvements UDC Section 8.1 General Provisions. EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital x Not Applicable Fiscal Year: 2018-2019 Project to Date Expenditures Current Year Future Years TOTALS Fund(s): Comments: RECOMMENDATION: On October 31, Planning Commission recommended approval of the deferment agreement. Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Agreement (CIP only) Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: On October 31, Planning Commission recommended approval of the deferment agreement. Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Agreement DEFERMENT AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § This deferment agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipality, and Puerto Los Caballeros (the "Owner") in order to defer the completion of certain required public improvements prior to recording the final plat of Puerto Los Caballeros Tract, Block 1, Lot 1, Corpus Christi, Nueces County, Texas (the "Plat"). A copy of the Plat is attached and incorporated by reference into this Agreement as Exhibit 1. WHEREAS, the Owner is obligated under Section 8.1 of the Unified Development Code ("UDC") to construct the required public improvements before the final Plat is endorsed by the City's City Engineer or Development Services Engineer, as applicable ("City Engineer"); WHEREAS, the Owner is seeking to delay the construction of the required public improvements ("Deferred Improvements") shown in Exhibit 2, which exhibit is attached and incorporated by reference into this Agreement, and to have the Plat filed immediately with the County Clerk of Nueces County, Texas; WHEREAS, in order to have the Plat filed prior to completion of the Deferred improvements, the Owner agrees to construct the improvements in Exhibit 2; WHEREAS, by signing this Agreement, the Owner represent that they have completed all other subdivision and platting requirements under the UDC including required park dedications; WHEREAS, by signing this Agreement, the Owner represent that they have executed all park deferment agreements, maintenance agreements, and all special covenants required under the UDC, in accordance with the UDC; WHEREAS, the Owner is entering into this Agreement pursuant to Section 8.1.10 of the UDC in order to defer construction and record the final Plat. NOW, THEREFORE, for the consideration set forth in this Agreement, the City and Owner agree as follows: 1. The preamble to this Agreement is substantive content in this Agreement and upon which all parties to this Agreement have relied and will continue to rely during the term of this Agreement. 2. Pursuant to the Owner's representations in the preamble to this Agreement and In consideration of the Owner's covenants in this Agreement, the City agrees to waive the requirement that construction of the Deferred Improvements be Deferment Agmt Puerto Los Caballeros, Puerto Los Caballeros Tract, Block 1, Lot 1, 10!17!18 (Final) Page 1 of 6 completed before the final Plat is endorsed by the City Engineer and filed for record with the County Clerk of Nueces County, and City further agrees to allow the Owner to delay construction of the Deferred Improvements. 3. Detailed construction drawings must be provided by the Owner and accepted by the City's Development Services Engineer prior to the start of construction of the Deferred Improvements. 4. The Owner shall construct the Deferred Improvements in accordance with the River Acres Water System engineering standards in effect at the time of construction and in accordance with the construction drawings accepted pursuant to the paragraph above. 5. No building permit for vertical structures shall be issued for all or any portion of the real property that is subject of the Plat until the Deferred Improvements are constructed, installed in working order, and accepted by the River Acres Water System in accordance with the provisions of this Agreement. 6. Upon completion of the Deferred Improvements by the Owner as verified by the Assistant City Manager and Director of Development Services and acceptance of the Deferred Improvements by the River Acres Water System, this agreement is terminated. 7. The City and Owner agree that if the Owner formally vacates the current Plat with approval of the Planning Commission, this agreement is terminated. 8. If Owner defaults in any of their covenants or obligations under this Agreement, the City shall not issue any building permits for vertical structure or certificate of occupancy for projects subject of the Plat. 9. The City reserves the right not to issue certificates of occupancy for all or any portion of the real property that is subject of the Plat until the Deferred Improvements are constructed, installed in working order, and accepted by the City Engineer in accordance with the provisions of this Agreement. 10. No party may assign this Agreement or any rights under this Agreement without the prior written approval of the other party and by amendment to this Agreement. 11. By execution of this Agreement, the Owner covenants to construct the Deferred Improvements required by this Agreement, and this covenant shall be a covenant running with the land and authorized by the Owner. The City, at the Owner's expense, shall file for record this Agreement in the official public records of Nueces County. 12. The following Plat note will be added to the Final Plat prior to recordation: No certificate of occupancy or building permit will be issued unless water is available Deferment Agmt Puerto Los Caballeros, Puerto Los Caballeros Tract, Block 1, Lot 1, 10/17/18 (Final) Page 2 of 6 to serve the property and public improvements are constructed pursuant to deferment agreement. 13. No changes or modifications to this Agreement may be made, nor any provisions waived, unless the change or modification is made in writing and signed by persons authorized to sign agreements on behalf of each party. 14. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application thereof to any person or circum- stance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. 15. The Owner shall, in compliance with Section 2-349 of the City's Code of Ordinances, complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit 3, the contents of which, as a completed form, are incorporated in this Agreement by reference as if fully set out here in its entirety. 16. The Owner shall comply with all federal, state, and local laws, regulations, and rules applicable to performance of this Agreement. 17. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created pursuant to this Agreement are performable in Nueces County, Texas. Venue for all actions arising from or pursuant to this Agreement shall be brought in Nueces County, Texas. 18. Strict performance of the provisions of this Agreement by the Owner is required by the City as a condition of this Agreement. The Owner specifically acknowledge and agree that failure by the Owner to adhere or comply with any term, condition, or requirement of this Agreement constitutes a default of this Agreement. 19. All signatories to this Agreement warrant and guarantee that they have the authority to act on behalf of the person or entity represented and make this Agreement binding and enforceable by their signature. 20. This Agreement is to be executed in One Original, of which constitutes an original document. This Agreement becomes effective and is binding upon and inures to the benefit of the City and Owner and their successors and assigns from and after the date the Agreement has been executed by all signatories. Deferment Agmt Puerto Los Caballeros, Puerto Los Caballeros Tract, Block 1, Lot 1, 10/17/16 (Final) Page 3 of 6 (EXECUTION PAGES FOLLOW) Deferment Agmt Puerto Los Caballeros, Puerto Los Caballeros Tract, Block 1, Lot 1, 10/17/18 (Final) Page 4 of 6 EXECUTED IN ONE ORIGINAL and made effective this day of , 20 CITY OF CORPUS CHRISTI P. O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-3240 Office (361) 826-4428 Fax Signature Printed Name: Title: Assistant City Manager, or Designee THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , 20_, by , (title) for the City of Corpus Christi, Texas. Notary Public's Signature APPROVED AS A STANDARD FORM LEGAL DOCUMENT: , 20 CITY ATTORNEY Signature Printed Name: Title: Assistant City Attorney Deferment Agmt Puerto Los Caballeros, Puerto Los Caballeros Tract, Block 1, Lot 1, 10/17/18 (Final) Page 5 of 6 OWNER: PUERTO LOS CABALLEROS, LLC P.O. BOX 9605 CORPUS CHRISTI, TEXAS 78469 OFFICE: (361)882-8870 FAX: (361)767-1 Signature ft\-0 Printed Name: h) 12 -PH Title: ri1 Y\ Date: 1019 l b - STATE OF 1, COUNTY OF S This instrument was acknowledged before me on Ocre, e c 19 PUERTO LOS CABALLEROS, LLC, A TEXAS, LIMITED LIABILITY behalf of said corporation.---- Notary,Pt'bl'it's Signa t re ,20I,by (title) of COMPANY, on XAVIER GALVAN Notary 10 1 125186163 My Commission Expires February 1, 2021 Attached and incorporated by reference into this Agreement: Exhibit 1 — Plat Exhibit 2 -- Required Public Improvements Exhibit 3 — Disclosure of Interests Deferment Agmt Puerto Los Caballeros, Puerto Los Caballeros Tract, Block 1, Lot 1, 10/17/18 (Final) Page 6 of 6 l Notes: 1.) Total platted area contains 39.75 Acres of Land. (Includes Street Dedication) 2.) The receiving water for the storm water runoff from this property is the Nueces River upstream of the Calallen Salt Water Intrusion Dam located 1.1 miles from Nueces Bay and the Oso Creek. The TCEQ has classified the aquatic life use for this segment of the Nueces River as "high". TCEQ also categorized the Nueces River as "contact recreation" use. Additional water quality protection measures must be observed for this receiving water due to the TCEQ designation as a "public water supply". The TCEQ has not classified the aquatic life use for the Oso Creek, but it is recognized as an environmentally sensitive area. The Oso Creek flows directly into the Oso Bay. The TCEQ has classified the aquatic life use for the Oso Bay as "exceptional" and "oyster waters" and categorized the receiving water as "contact recreation" use. 3.) 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. 4.) By graphic plotting only, this property is in Zone "C" on Flood Insurance Rate Map, Community Panel No. 485494 0256 C, City of Corpus Christi, Texas, which bears an effective date of March 18, 1985 and is not in a Special Flood Hazard Area. 5.) The yard requirement, as depicted is a requirement of the Unified Development Code and is subject to change as the zoning may change. 6.) If any lot is developed with residential uses, compliance with open space regulation will be required during the building permit phase. State of Texas County of Nueces Puerto Los Caballeros, LLC, a Texas limited liability company, hereby certifies that it is the owner of the lands embraced within the boundaries of the foregoing plat; that it has had said lands surveyed and subdivided as shown; that streets shown are dedicated to the public use forever; that easements as shown are dedicated to the public use for the installation, operation and use of public utilities; and that this map was made for the purpose of description and dedication. This the day of , 20 By. Puerto Los Caballeros, LLC, a Texas limited liability company By. Daniel J. Murphy, member State of Texas County of Nueces This instrument was acknowledged before me by Daniel J. Murphy, member of Puerto Los Caballeros, LLC, a Texas limited liability company, on behalf of said entity in said capacity. This the day of , 20 Notary Public in and for the State of Texas MAY 1 6 2018 i PLANNING COMMISSION Plat of Puerto Los Ca ball eros Tract Block 1, Lot 1 39.750 Acres, situated in the Mariano Lopez de Herrera Grant, Abstract No. 606, Nueces County, Texas, being the same 39.750 Acre Tract described in Warranty Deed from 624 Property, LLC, a Texas limited liability company to Puerto Los Caballeros LLC, as recorded in Document No. 2017042666, Official Public Records of Nueces County, Texas. State of Texas County of Nueces This final plat approved by the Corpus Christi — Nueces County Health Department. This the day of 2018. Any private sewage system shall be approved by the Corpus Christi — Nueces County health Department prior to installation. Lauren Rabe, MPA Nueces County, Health Department 0 L 0 Name 0 0 0 U Site ounty of Nueces City of Corpus Christi River eights Riverview Drive East Riverview Drive cn cn 0 it coq. as a 0 0 0 0 0 CL 0 0 0 Trinit 0 0 1) a River 0 otic '`ed /-p prairie Cr o�`y a?, Spaul Read 11111 Northwest Boulevard (Form to Market Road 624) Borber River 0 Siesta Loo Location Map: N. .S. State of Texas County of Nueces This final plat of the herein described property was Services of the City of Corpus Christi, Texas. This the day of approved by the Department of Development 20 William J. Green, P.E. Development Services Engineer State of Texas County of Nueces This final plat of the herein described property was Texas by the Planning Commission. approved on behalf of the City of Corpus Christi, This the day of , 20 Nina Nixon—Mendez, FAICP Secretary State of Texas County of Nueces I, Kara Sands, Clerk of the County instrument dated the day of filed for record in my office the duly recorded the day of Volume , Page Eric Villarreal, P.E. Chairman Court in and for said County, do hereby certify that the foregoing , 20 , with its certificate of authentication was day of , 20 At O'clock __cul , and 20 , at O'clock Jul , in said County in Map Records. Witness my hand and seal of the County Court, in and for said County, at office in Corpus Christi, Texas, the day and year last written. No. Filed for Record Kara Sands, County Clerk Nueces County, Texas at O'clock M 20 By. Deputy State of Texas County of Nueces I, James D. Carr, a Registered Professional Land Surveyor for Urban Engineering, have prepared the foregoing map from a survey made on the ground under my direction and is true and correct to the best of my knowledge, information and belief; I have been engaged under contract to set all Lot and Block corners as shown herein and to complete such operations with due and reasonable diligence consistent with sound professional practice. This the day of , 20 Preliminary, this document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. James D. Carr, R.P.L.S. Texas License No. 6458 URBAN ENGINEERING TBPE FIRM NO. 145, TBPLS FIRM NO. 10032400 2725 SWANTNER OR, CORPUS CHRISTI. TX 78404 PHONE: 381.854.3101 WWW.URBANENO.COM Submitted: 1/24/18 SCALE: 1"=100' JOB NO.: 43212.00.00 SHEET: 1 of 2 DRAWN BY: XG © 2018 by Urban Engineering urbansurve 1Ourbanen•.com f _A Broad Acres Addition, Unit 3 Vol. 45, Pg. 150, M.R.N.C.T. Lot 2-4 I I 0 -o In o L D o L ~ v U 0 . ¢Z� U� O O V ®Z o � a_ -C O^ 30 O O to OV�/�0 c m O. al i o p uo c¢co s 6,.0 ^ OI C\ .'-I 0 O '- � CJ C 0 hO Z O O (.3 C N 0, O > s O O In ✓ 01 C 0 4 C O 0 -J ml v "4 -175'17.-E.ANY D.E. — Lot 1 Lot 2 Lot 3 Lot 4 Lot 7 Block 1 Dove Creek Subdivision Vol. 48, Pg. 70, M.R.N.C.T. Lot 10 Lot 11 Lot A_4 Lot A-2 Northw Tr A est Heights, Unit 1 Vol. t 43, Pg. 196, M.R.N.C.T. 39.35 Acres 1,714,163sf 75'8. L. 1 I I I I 1 I 1 I 1 E SU.E. Lot A-3 Plat of Puerto Los Caballeros Tract Block 1, Lot 1 39.750 Acres, situated in the Mariano Lopez de Herrera Grant, Abstract No. 606, Nueces County, Texas, being the same 39.750 Acre Tract described in Warranty Deed from 624 Property, LLC, a Texas limited liability company to Puerto Los Caballeros LLC, as recorded in Document No. 2017042666, Official Public Records of Nueces County, Texas. N80"4 07 77es.57= 17_ North 1/3 of um37 , 16 Acre Tract described in Vol20. P0g°f the es Mariano LosO.R.N Cb Grant °ndono1pMcIntapez de eparitT°t Pc1(DoNo. 990562 O.P.R N C.T.(Owner: Peggy Wright and Billy Earl Wright ) .57' Legend* e Concrete Monument Found 5/8 Inch Iron Rod with yellow plastic cap stamped • "Bass & Welsh" Found • 5/8 Inch Iron Rod in concrete ♦ 5/8 Inch Iron Rod Found O 5/5 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set MAY 1 6 2018 PLANNING COMM 150 100 50 0 100 200 Graphic Scale 1"=100, • URBAN ENGINEERING 1BPE nisi NO. 145, 1BPLS MN N0. 10032400 2725 SWMIINER OR, CORPUS CHRISM 1% 78404 PHONE 351.854.3101 WWW.URBMIENG.CON Submitted: 1/24/18 SCALE: 1"=100' JOB NO.: 43212.00.00 SHEET: 2 of 2 DRAWN BY: XG 02018 by Urban Engineering urbansurveyl•urbaneng.com 1 CONSTRUCTION PLANS FOR WATERLINE EXTENSION SEPTEMBER 2018 PREPARED FOR MURPHY LLC - RAWS CORP. NUECES COUNTY, TEXAS NORTHWEST BLVD. CORPUS CHRISTI LOCATION MAP 10000 5000 0 10000 20000 GRAPHIC SCALE IN FEET CALL BEFORE YOU DIG! *Texas Know what's below. CaII before you dig. PARTICIPANTS REQUEST 48 HOURS NOTICE BEFORE YOU DIG, DRILL, OR BLAST — STOP AND CALL 811 THE LONE STAR NOTIFICATION COMPANY AT 1-800-669-8344 HANSON O Copyright Hanson Professional Services Inc. 2018 VICINITY MAP 500 0 GRAPHIC SCALE IN FEET 500 1000 Hanson Professional Services Inc. 4501 Gollihar Rd. Corpus Christi, Texas 78411 TBPE F-417 / TBPLS F-10039500 / TBAE F -BR 2458 SHEET INDEX 1 COVER SHEET 2 GENERAL NOTES 3 SITE LAYOUT 4 WATERLINE ALIGNMENT 4A MURPHY DEVELOPMENT LOOP 5 STORM WATER POLLUTION PREVENTION PLAN 6 DETAILS 1 OF 2 7 DETAILS 2 OF 2 BOARD MEMBERS PRESIDENT VICE PRESIDENT SEC./TREASURER DIRECTOR DIRECTOR DIRECTOR FIELD MANAGER KYLE CLARK DARRELL DUSEK CLAUDE BRADSHAW, JR. CHARLES TENPENNEY RONNIE LIGHTFOOT BRENT BURKHART Dwg. No. 16L01480 THIS DOCUMENT IS RELEASED FOR THE PURPOSE OF REVIEW UNDER THE AUTHORITY OF: Nom PAUL u. PII AP1:713C PP SMOI No. O2 Dob: 51/10/201A AND R IS NOT TO BE USED FOR ANY OTHER PURPOSE. 1 1 of 7 sheets 1. GENERAL REQUIREMENTS A. WORK AREAS SHALL BE KEPT, AT ALL TIMES, FREE OF DEBRIS AND NON—HAZARDOUS MATERIAL TO THE SATISFACTION OF THE OWNER. ALL EXISTING PIPING AND CONDUITS SHALL HAVE TEMPORARY PROTECTION DURING CONSTRUCTION. THE CONTRACTOR SHALL COORDINATE STORAGE OF MATERIALS, PARKING OF VEHICLES, AND RESTRICTIONS OF WORK WITH THE OWNER. AFTER PROJECT COMPLETION, THE SITE SHALL BE CLEANED UP TO ITS CONDITION PRIOR TO THE START OF CONSTRUCTION TO THE SATISFACTION OF THE OWNER. B. THE CONTRACTOR SHALL DISPOSE OF ALL MATERIALS REMOVED WHICH ARE NOT TO BE REINSTALLED OR SALVAGED ON THE PROJECT. DISPOSAL OF MATERIALS SHALL BE THE RESPONSIBILITY OF THE CONTRACTOR. C. UNLESS PRIOR PERMISSION IS OBTAINED FROM THE OWNER, THE CONTRACTOR SHALL CONFINE ALL CONSTRUCTION ACTIVITY, STAGING, AREAS, ETC. WITHIN THE LIMITS OF CONSTRUCTION. D. ADEQUATE BARRICADES, WARNINGS, AND UGHTING WILL BE EMPLOYED FOR SAFETY AND TRAFFIC FLOW. ALL WORK SHALL BE DONE IN ACCORDANCE WITH THE TEXAS MANUAL OF UNIFORM CONTROL DEVICES FOR STREETS AND HIGHWAYS, AT NO SEPARATE PAY. E. THE CONTRACTOR SHALL REMOVE, REPLACE, AND RESTORE TO ORIGINAL CONDITION, ELEVATION AND LOCATION, ALL EXISTING CULVERTS, MAILBOXES, AND OTHER EXISTING IMPROVEMENTS, INCLUDING DRIVEWAYS AND ROADS ENCOUNTERED DURING CONSTRUCTION. ALL ENTRANCES SHALL BE RESTORED IMMEDIATELY. INGRESS AND EGRESS TO PROPERTY ADJACENT TO CONSTRUCTION SHALL BE MAINTAINED BY THE CONTRACTOR, AT NO SEPARATE PAY. DRIVEWAYS SHALL BE SAW CUT AND REPLACED WITH MATERIALS MEETING THE SAME DEPTH AND WIDTH REQUIREMENTS AS THE EXISTING DRIVEWAYS. F. TREE TRIMMING SHALL BE DONE IN ACCORDANCE WITH STANDARD HORTICULTURAL PRACTICES. TREES WITHIN THE RIGHT OF WAY SHALL BE REMOVED AS DIRECTED BY THE OWNER. G. BRUSH CLEARING SHALL BE DONE WHEN NECESSARY. ALL CLEARED BRUSH SHALL BE REMOVED FROM THE SITE. H. EXCAVATIONS SHALL NOT BE MADE DURING INCLEMENT WEATHER. WATER ACCUMULATION IN EXCAVATIONS EXCEEDING ONE INCH (1") SHALL BE PUMPED OUT BEFORE THE UTILITY LINE IS PLACED. I. CONTRACTOR SHALL MARK ALL AS—BUILT CONDITIONS FOR UTIUTY LINES ON THE PLANS AND SUBMIT TO THE ENGINEER AT THE END OF THE PROJECT. J. THE CONTRACTOR SHALL BE AVAILABLE FOR A PRE—CONSTRUCTION CONFERENCE WITH THE ENGINEER, NUECES COUNTY, AND RIVER ACRES WATER SUPPLY CORPORATION PRIOR TO THE START OF CONSTRUCTION. THE TIME AND PLACE OF THE CONFERENCE SHALL BE SET BY THE COUNTY FOLLOWING AWARD OF THE CONTRACT. K. THE CONTRACTOR SHALL PROVIDE INTERIM DRAINAGE DURING CONSTRUCTION AS REQUIRED. USE PUMPS, TEMPORARY DITCHES, ETC. TO MAINTAIN WELL DRAINED SITE FREE OF STANDING WATER AND WATER SOFTENED SOILS. L THE CONTRACTOR SHALL "POTHOLE" ALL FIBER OPTIC AND UTILITY LINES AHEAD OF THE CONSTRUCTION CREWS AND VERIFY EXISTING VERTICAL ELEVATIONS PRIOR TO START OF CONSTRUCTION. ALL COSTS ASSOCIATED WITH POTHOLING SHALL BE PAID FOR BY THE CONTRACTOR. ONE CALL SHALL MARK THE UNES PRIOR TO POTHOLING. M. PERMITS HAVE BEEN ACQUIRED FROM THE COUNTY FOR COMPLETION OF THIS PROJECT. THE CONTRACTOR SHALL REVIEW THESE PERMITS AND MEET ANY CONSTRUCTION REQUIREMENTS OUTLINED WITHIN THE DOCUMENTS. A COPY OF ALL THE DOCUMENTS SHALL BE KEPT ON THE CONSTRUCTION SITE AT ALL TIMES. 2. UTILITY COORDINATION 0 z CW1 5- S1UMBER S V in 8.9Mzs e, N o a i A. THE CONTRACTOR SHALL VISIT THE PROJECT SITE IN ORDER TO BECOME FAMILIAR WITH THE SITE CONDITIONS PRIOR TO COMMENCING ANY WORK. THE CONTRACTOR IS TO RESEARCH THE EXISTING CONDITIONS AND PROPOSED WORK TO BECOME FULLY AWARE OF THE INTENT OF THE WORK. THE CONTRACTOR WILL BE REQUIRED TO ACQUIRE ALL NECESSARY PERMITS AND PAY ASSOCIATED FEES. B. THE DRAWINGS SHOW AS MUCH INFORMATION AS CAN BE REASONABLY OBTAINED BY THE SURVEY PARTY CREWS, FROM THE OWNER, AND FROM UTILITY RECORDS REGARDING THE LOCATION AND NATURE OF PIPELINES, STORM SEWER, WATERUNES, SEWER LINES, TELEPHONE CONDUITS, GAS LINES, ETC. HOWEVER, THE ACCURACY OR COMPLETENESS OF SUCH INFORMATION IS NOT GUARANTEED. IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO LOCATE SUCH UNDERGROUND FEATURES SUFFICIENTLY IN ADVANCE OF OPERATION TO PRECLUDE DAMAGE TO SAME. DAMAGE TO EXISTING UTIUTIES SHALL BE THE RESPONSIBIUTY OF THE CONTRACTOR. C. CONTRACTOR SHALL HAVE SOLE RESPONSIBILITY OF FIELD VERIFYING EACH UTILITY LOCATION AT LEAST FORTY EIGHT (48) HOURS PRIOR TO COMMENCING ANY ITEMS OF WORK. D. THE CONTRACTOR SHALL NOTIFY ALL RESIDENTIAL/BUSINESS OWNERS, UTILITY COMPANIES, AND STATE/LOCAL OFFICIALS (WHEN APPLICABLE) ALONG THE UTILITY ALIGNMENT A MINIMUM OF 48 HOURS IN ADVANCE OF CONSTRUCTION. THE FOLLOWING ARE TELEPHONE NUMBERS FOR ENTITIES MOST LIKELY TO BE AFFECTED: Dig Tess 1-800-344-8377 Texas One Call System 1-800-245-4545 Texas Excavation Safety System 1-800-344-8377 Lone Star Notification Company 1-800-669-8344 Southwestem Bell Locate Group 1-800-828-5127 City of Aransas Pass 1-361-758-3111 Texas Department of Transportation 1-361-364-6405 County Commissioner Nina Trevino 1-361-364-6170 GENERAL NOTES E. IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO MAKE CHANGES IN WATERUNE GRADES TO PERMIT THE LINES TO PASS ALL UNDERGROUND LINES, AS AUTHORIZED BY THE ENGINEER, AND IN ACCORDANCE WITH TCEQ'S "TEXAS ADMINISTRATIVE CODE" CHAPTER 217, SEPARATION DISTANCES, INSTALLATION METHODS, AND MATERIALS UTILIZED MUST MEET CHAPTER 290.44(E) OF THE CURRENT RULES. THESE ADJUSTMENTS SHALL BE PERFORMED BY THE CONTRACTOR AT NO INCREASE IN THE CONTRACT PRICE, NOR ANY ADJUSTMENT TO THE CONTRACT TIME DUE TO DELAYS DUE TO UTILITY CONFLICTS. MINIMUM CLEARANCE BETWEEN WATER AND SEWER LINES, MANHOLES AND/OR SEPTIC TANK DRAINFIELDS AS REQUIRED BY THE TCEQ "DESIGN CRITERIA FOR SEWAGE SYSTEMS" STATES THAT WATER AND SEWER LINES SHALL BE NO CLOSER THAN 9 FEET IN ALL DIRECTIONS AND PARALLEL LINES SHALL NOT BE INSTALLED IN THE SAME TRENCH. IF THE 9 FEET SEPARATION CANNOT BE ACHIEVED, THE FOLLOWING SHALL APPLY: A. PARALLEL LINES: * SEWER LINE SHALL BE PVC MEETING ASTM SPECIFICATIONS WITH A MINIMUM 150 PSI PRESSURE RATING. * VERTICAL SEPARATION SHALL BE A MINIMUM OF 2 FEET BETWEEN THE OUTSIDE DIAMETERS. * HORIZONTAL SEPARATION SHALL BE A MINIMUM OF 4 FEET BETWEEN OUTSIDE DIAMETERS AND THE SEWER LINE SHALL BE BELOW THE WATER LINE. B. CROSSINGS: * SEWER LINE SHALL BE PVC MEETING ASTM SPECIFICATIONS WITH A MINIMUM 150 PSI PRESSURE RATING. * AN ABSOLUTE MINIMUM DISTANCE OF 6" BETWEEN OUTSIDE DIAMETERS SHALL BE MAINTAINED. * THE SEWER SHALL BE LOCATED BELOW THE WATER LINE. * ONE 18 FOOT TO 20 FOOT JOINT OF SEWER LINE MUST BE CENTERED ON THE WATER LINE. F. IN THE EVENT OF DAMAGE TO UNDERGROUND UTILITIES, WHETHER SHOWN OR NOT IN THE DRAWINGS, THE CONTRACTOR SHALL MAKE THE NECESSARY REPAIRS TO PLACE THE UTILITIES BACK IN SERVICE AT NO INCREASE IN THE CONTRACT PRICE. ALL SUCH REPAIRS SHALL CONFORM TO THE REQUIREMENTS OF THE COMPANY OR AGENCY OPERATING THE UTILITY. G. IN THE EVENT THAT UNDERGROUND UTILITIES NOT SHOWN ON THE DRAWINGS ARE ENCOUNTERED, IT SHALL BE THE CONTRACTORS RESPONSIBIUTY TO CONSTRUCT THE WORK AS INTENDED, AT NO INCREASE IN THE CONTRACT TIME AND PRICE. H. TRENCH EXCAVATION SHALL NOT PRECEDE BACKFILL BY MORE THAN 200 FEET. NO TRENCH SHALL BE LEFT OPEN AFTER NORMAL WORKING HOURS. I. THE SERVICE CONNECTIONS SHALL BE INSTALLED ALONG THE PROPERTY UNES AT THE LOCATIONS INDICATED ON THE PLANS OR AS DIRECTED BY THE ENGINEER. THE CONTRACTOR SHALL INFORM THE PROPERTY OWNER OF HIS INTENT TO INSTALL THE SERVICE CONNECTION. THE PROPERTY OWNER WILL BE GIVEN THE OPPORTUNITY TO DICTATE THE LOCATION OF THE SERVICE CONNECTION. THE CONTRACTOR IS REMINDED THAT SERVICE CONNECTIONS SHOWN ON THE PLANS ARE FOR BIDDING PURPOSES ONLY, AND SHALL BE LOCATED IN THE FIELD DURING CONSTRUCTION. J. THE CONTRACTOR SHALL BE RESPONSIBLE FOR HAVING THE PROPERTY OWNERS COMPLETE AND EXECUTE A "TEMPORARY UTILITY CONSTRUCTION AGREEMENT" PRIOR TO ANY WORK BEING DONE ON PRIVATE PROPERTY. COPIES OF THESE DOCUMENTS SHALL BE MADE AVAILABLE TO THE OWNER AND ENGINEER. K. THE CONTRACTOR AND COUNTY INSPECTOR SHALL MEET WITH THE PROPERTY OWNER TO DISCUSS THE METER LOCATION, ALIGNMENT OF SERVICE LINE, AND LOCATION OF CONNECTION TO SERVICE LINE PRIOR TO BEGINNING WORK ON THEIR PROPERTY. A TWO FOOT GAP SHALL BE MAINTAINED BETWEEN CONNECTION AND SERVICE LINE (THIS LINE SHALL BE CAPPED). L. A CUSTOMER SERVICE INSPECTION CERTIFICATE SHALL BE COMPLETED PRIOR TO PROVIDING WATER SERVICE TO EACH RESIDENT (INSPECTION FORM IS FOUND IN THE APPENDIX); THIS SHALL BE CONSIDERED SUBSIDIARY TO THE CONTRACT AND NO SEPARATE PAY WILL BE MADE FOR THIS WORK. INDIVIDUALS WITH THE FOLLOWING CREDENTIALS SHALL BE RECOGNIZED AS CAPABLE OF PERFORMING A CUSTOMER SERVICE INSPECTION CERTIFICATION. * PLUMBING INSPECTORS AND WATER SUPPLY PROTECTION SPECIAUSTS UCENSED BY THE TEXAS STATE BOARD OF PLUMBING EXAMINERS * CUSTOMER SERVICE INSPECTORS WHO HAVE COMPLETED A COMMISSION APPROVED COURSE, PASSED AN EXAMINATION ADMINISTRATED BY THE EXECUTIVE DIRECTOR, AND HOLD A PROFESSIONAL LICENSE AS A CUSTOMER SERVICE INSPECTOR. M. PIPE LINE INSTALLATION WORK INVOLVING OPEN CUTTING OR BORING WILL BE CONSIDERED SUBSIDIARY TO THE CONTRACT AND NO SEPARATE PAYMENT WILL BE MADE FOR THIS WORK. IF OPEN CUT, DRIVEWAY SHALL BE REPAIRED OR REPLACED WITH MATERIALS MEETING THE SAME DEPTH AND WIDTH REQUIREMENTS ON THE EXISTING DRIVEWAYS. 3. WATERUNE CONSTRUCTION A. ANY WATER DISTRIBUTION SYSTEM MUST BE CONSTRUCTED IN ACCORDANCE WITH THE CURRENT TCEQ RULES AND REGULATIONS FOR PUBLIC WATER SYSTEMS 30 TAC CHAPTER 290 SUBCHAPTER D, AND NO PIPE WHICH HAS BEEN USED FOR ANY PURPOSE OTHER THAN THE CONVEYANCE OF DRINKING WATER SHALL BE ACCEPTED OR RELOCATED FOR USE IN ANY PUBLIC DRINKING WATER SUPPLY. B. ANY CONNECTION TO EXISTING WATERLINES SHALL BE COORDINATED WITH THE WATERLINE OWNER. THE CONTRACTOR WILL NOT BE ALLOWED TO OPERATE EXISTING VALVES WITHOUT PERMISSION FROM THE BAFFIN BAY WATER SUPPLY CORPORATION. C. PLASTIC PIPE FOR USE IN PUBLIC WATER SYSTEMS MUST BEAR THE NATIONAL SANITATION FOUNDATION SEAL OF APPROVAL (NSF—PW). D. UNLESS OTHERWISE NOTED, ALL NEW WATERLINES SHALL BE PVC MEETING THESE MINIMUM REQUIREMENTS: * 4" THROUGH 12", AWWA C-900, DR 18 IN ADDITION, ALL NEWLY INSTALLED PIPES AND RELATED PRODUCTS MUST CONFORM TO THE AMERICAN NATIONAL STANDARDS INSTITUTE/NATIONAL SANITATION FOUNDATION (ANSI/NSF) STANDARD 61 AND MUST BE CERTIFIED BY AN ORGANIZATION ACCREDITED BY ANSI/NSF. E. FITTINGS UTILIZED FOR THE WATERLINE INSTALLATION SHALL BE DUCTILE IRON. EACH FITTING SHALL BE WRAPPED WITH TWO LAYERS OF POLYETHYLENE (8 MIL THICKNESS). THE WRAPPING SHALL BE LAPPED IN SUCH A MANNER THAT ALL SURFACES OF PIPE VALVES AND FITTING, INCLUDING JOINTS, SHALL HAVE A DOUBLE THICKNESS OF POLYETHYLENE. F. THE USE OF PIPES AND PIPE FITTINGS THAT CONTAIN MORE THAN 8% LEAD OR SOLDERS AND FLUX THAT CONTAIN MORE THAN 0.2% LEAD IS PROHIBITED IN THE FOLLOWING CIRCUMSTANCES FOR INSTALLATION OR REPAIR OF ANY PUBLIC WATER SUPPLY AND FOR INSTALLATION OR REPAIR OF ANY PLUMBING IN A RESIDENTIAL OR NON RESIDENTIAL FACILITY PROVIDING FOR HUMAN CONSUMPTION AND CONNECTED TO A PUBLIC DRINKING WATER SUPPLY SYSTEM. G. CONTRACTORS SHALL RESTRAIN THE WATER LINE UTILIZING A MECHANICAL RESTRAINT SYSTEM. ALL BENDS, FITTINGS, CHANGES IN DIRECTION OR OTHER PIPE CONFIGURATIONS WHICH COULD RESULT IN PIPE SEPARATION SHALL BE RESTRAINED. H. WATER TRANSMISSION AND DISTRIBUTION LINES MUST BE INSTALLED IN ACCORDANCE WITH THE MANUFACTURER'S INSTRUCTION. HOWEVER, THE TOP OF THE WATERUNE MUST BE LOCATED BELOW THE FROST LINE AND IN NO CASE SHALL THE TOP OF THE WATERLINE BE LESS THAN 36 INCHES BELOW GROUND SURFACE AND 48" AT DITCH CROSSINGS. HOWEVER, AT UTILITY CROSSINGS, IT MAY BE NECESSARY TO PLACE THE WATERUNE DEEPER. THE PRIMARY METHOD FOR THESE VERTICAL OFFSETS SHALL BE BELL DEFLECTIONS. THESE ADJUSTMENTS SHALL BE COMPLETED AT NO SEPARATE INCREASE TO THE CONTRACT, AND NEED TO BE COORDINATED WITH THE OWNER. L. PRIOR TO SCHEDULING THE TIE—IN TO THE EXISTING WATERLINE, THE CONTRACTOR SHALL EXCAVATE THE EXISTING PIPING AND CONFIRM THE TYPE OF MATERIAL, SIZE, AND DIMENSIONS. ONCE THIS HAS BEEN COMPLETED, HE MAY ORDER ALL MATERIAL REQUIRED FOR THE 11E—IN. ALL TIE—IN WORK WILL BE THROUGH A JOINT EFFORT BETWEEN THE CONTRACTOR, ENGINEER, BAFFIN BAY WATER SUPPLY CORPORATION, AND KLEBERG COUNTY. ONCE THE 11E—IN WORK HAS COMMENCED ON THE SYSTEM, IT SHALL CONTINUE UNTIL WATER SERVICE HAS BEEN RE—ESTABUSHED. M. THE CONTRACTOR SHALL NOT PLACE THE PIPE IN WATER OR WHERE IT CAN BE FLOODED WITH WATER OR SEWAGE DURING ITS STORAGE OR INSTALLATION. 4. DEWATERING I. NEW WATERUNES SHALL BE PRESSURE TESTED, DISINFECTED, AND SHALL PASS TWO BACTERIOLOGICAL TESTS PRIOR TO BEING PLACED INTO SERVICE. DISINFECTION SHALL OCCUR IN ACCORDANCE WITH AWWA STANDARD C651 AND THEN FLUSH AND SAMPLE LINES BEFORE BEING PLACED INTO SERVICE. SAMPLES SHALL BE COLLECTED FOR MICROBIOLOGICAL ANALYSIS TO CHECK THE EFFECTIVENESS OF THE DISINFECTION PROCEDURE WHICH SHALL BE REPEATED IF CONTAMINATION PERSISTS. A MINIMUM OF ONE SAMPLE FOR EACH 1000 FT. OF COMPLETED WATER LINE WILL BE REQUIRED OR AT THE NEXT AVAILABLE SAMPLING POINT BEYOND 1000 FT. AS DESIGNATED BY THE DESIGN ENGINEER. PRESSURE TESTING AGAINST NEW VALVES WILL NOT BE ALLOWED. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING ALL EQUIPMENT, FITTINGS, METERS, VALVES, BACK—FLOW PREVENTORS, ETC. REQUIRED TO COMPLETE THE TEST. IF A COUPLING OR ADAPTER IS REQUIRED FOR THE FINAL TIE—IN, THE CONTRACTOR SHALL PROVIDE ONE AT HIS COST. THE HYDROSTATIC LEAKAGE RATE SHALL NOT EXCEED THE AMOUNT ALLOWED OR RECOMMENDED BY AWWA FORMULA FOR PVC PIPE: L = (N)(D)(P)/7400. THE FORMULA FOR DUCTILE IRON OR CAST IRON IS L = (S)(D)(P)/133,200. ALL REQUIRED TESTING SHALL BE PAID BY THE CONTRACTOR, AND ALL RESULTS SHALL BE COPIED TO THE OWNER, RIVER ACRES WATER SUPPLY CORPORATION, AND ENGINEER. A REPRESENTATIVE OF THE OWNER, RIVER ACRES WATER SUPPLY CORPORATION, AND ENGINEER SHALL BE PRESENT FOR ALL TESTS. J. WATER FOR THE WATERLINE TESTING MAY BE PURCHASED FROM THE OWNER. THE CONTRACTOR IS RESPONSIBLE FOR COORDINATING THE PURCHASE OF WATER. K. A PRE 11E—IN MEETING SHALL BE CONDUCTED PRIOR TO CUTTING PAVEMENTS, BLOCKING TRAFFIC, OR CUTTING INTO EXISTING WATERLINES CONTRACTOR SHALL BE RESPONSIBLE FOR DEWATERING AS INDICATED ON PLANS AND WHEN NECESSARY. CONTRACTOR SHALL NOT PUMP WATER IN SUCH A MANOR AS TO FLOOD OR IMPOSE WATER ONTO ADJACENT PROPERTY OWNERS. DEWATERING SHALL BE CONSIDERED SUBSIDIARY TO THE WATERLINE INSTALLATION AND WILL NOT BE PAID SEPARATELY. ANTICIPATED AREAS THAT MAY REQUIRE DEWATERING ARE SHOWN ON THE PLANS. LEGEND 1� T N N EXISTING FIRE HYDRANT PROPOSED FIRE HYDRANT EXISTING WATER VALVE PROPOSED WATER VALVE EXISTING WATERLINE PROPOSED WATERLINE PROPOSED WATER METER SEESMIM ASPHALT REPAIR SECTION - LOT LINE CENTER LINE OF ROAD m MIL 0 NG LP CO EDGE OF PAVEMENT EXISTING EASEMENT PROPOSED EASEMENT RIGHT OF WAY (R.O.W.) HOMES RECEIVING SERVICE DRIVEWAY REPAIR PIPELINE CROSSING KINDERMORGAN NATURAL GAS SEADRIFT LIQUID PETROLEUM KOCH CRUDE OIL ENTERPRISE PIPELINE HOUSTON PIPELINE - PRIORITY AREA BOUNDARY i NOTICE 1. ALL CONTRACTORS) AND SUBCONTRACTOR(S) ON THIS PROJECT ARE SOLELY RESPONSIBLE FOR CONTACTING TEXAS 811, LONE STAR 811, AND OTHER UTILITY LOCATING COMPANIES, AS WELL AS LOCAL UTILITIES (WATER, STORM SEWER, SANITARY SEWER, GAS, TRAFFIC, ETC.) BY ALL MEANS POSSIBLE FOR THE LOCATING AND MARKING OF UNDERGROUND AND ABOVE GROUND UTILITIES PRIOR TO CONSTRUCTION. 2. NAISMITH ENGINEERING,INC. AND ITS REPRESENTATIVES MAKE NO GUARANTEES THAT ALL UTILITIES WITHIN AND ADJACENT TO THE PROJECT SITE ARE INDICATED ON THE CONSTRUCTION DRAWINGS. 3. DAMAGES TO UTILITIES WILL BE THE SOLE RESPONSIBILITY OF THE CONTRACTOR TO REPAIR AT HIS SOLE EXPENSE. 1-800469-8344 OR www.lonestar811.com GIVE 4 WORKING DAYS (M -F) NOTICE Know what's below. Call before you dig. as 811 4 WORKING 7 OR M -F) NOTICE.org GIVE 4 WORKING DAYS (M -F) NOTICE REVISION DATE DRAWN DESIGNED REVIEWED FOR INTERIM REVIEW 1)10 DOCUMENT I5 RELEASED FOR DE PURPOSE OF RENEW I11OER 11E RUMMY OF: Narrow PAUL Y PVHCZ6( RE. Serial Na.: 82060 Date 9/10/2018 AND IT I5 NOT TO BE USED FOR Nn OTHER FURPOSE MURPHY LLC 15641 Northwest Blvd. Robstown, TX 78380 Hanson No. 16L0148B Filename NEI -8857 Scale AS SHOWN Date 9/10/2018 HANSON OCopyright Hanson Professional Services Inc. 2018 LAYOUT VM 9/10/2018 DRAWN VM 9/10/2018 REVIEWED PMP 9/10/2018 Hanson Professional Services Inc. 4501 Gollihar Rd. Corpus Chrisiti, Texas 78411 TBPE F-417 TBPLS F-10039500 TBPG F-50556 TBAE F -BR 2458 Phone: (361) 814-9900 (800) 677-2831 www.hanson-inc.com Offices Nationwide GENERAL NOTES WATERLINE EXTENSION MURPHY LLC - RAWS WATERLINE EXTENSION NUECES COUNTY, TEXAS 2 2 of 7 sheets o � co o 34+63 area , PROPOSED 6" WATERLINE X 7.5'* TYP. APPROX. 50 ± 12. STEEL CASING WATERLINE 15' EASEMENT (0.601 acres Doc. XXXXX DRN C T) 25+00 PROPOSED 6" WATERLINE 24+00 15. EASEMENT 23+00 22+00 (0.407 acres Doc. XXXXX K 9+00 18+00 17+00 F . 624 RR -0.W. 7.5'+ TVP. 161 EASEMENT (0.103 acres Doc. XXXXX 14+00 13+00 12+00 11+00 KEVIN E. ROBERTSON, ET. 0X. 20.01 ACRES DOC.NO. 1996018500 PUERTO LOS _0 9+00 8+00 CABALLEROS LLC 39.750 ACRES DOC.NO. 2017042666 DOC.NP. D.R.,N.C.,T 7'0 7+00 6+00 5+00 4+00 3+00 2+00 SANDRA RATHKE 7.458 ACRES 000.N0.2015022782 PROPOSED 6" WATERLINE 13 4CREsS DOC NO.200Z0 SO48S REMAINDER OF 13 ACRE TRACT DOC.N0.20017050485 s 0 75 150 300 GRAPHIC SCALE IN FEET 1 /NUMBER REVISION DATE DRAWN DESIGNED REVIEWED FOR INTERIM REVIEW TH9HE DOCUMENT IS RELEASED FORRTHEAPoSEDF REVIEW UNDER THE 80190606 OF: Nome: PAUL 0. PIMRCZYK, P.E. MURPHY LLC 15641 Northwest Blvd. Robstown, TX 78380 Hanson Na. 16L0148B HANSON ED Copyright Hanson Professional Services Inc. 2018 TBPE F-417 TBPLS F-10039500 TBPG F-50556 TBAE F -BR 2458 Phone: (361) 814-9900 (800) 677-2831 Oww•haNationwide Offices Nationwide SITE LAYOUT 3 3 of 7 sheets Filename NEI -8857 scale AS SHOWN WATERLIEN ALIGNMENT WATERLINE EXTENSION MURPHY LLC - RAWS WATERLINE EXTENSION NUECES COUNTY, TEXAS Date 9/10/2018 Hanson Professional Services Inc. 4501 Gollihar Rd. Corpus Chrisiti, Texas 78411 Date: No.: 82080 Dae: 9/10/2018 LAYOUT VM 9/10/2018 D IT 15 TO USED FOR DRAWN VM 9/10/2018 REVIEWED PMP 9/10/2018 1 oM ooco o o� PROPOSED 6"X6" DIMJ. TEE 1-6" GATE VALVE PROPOSED 6"X6" D.I.M.J. TEE GATE VALVE PUERTO LOS CABALLEROS LLC 39.750 ACRES DOC.NO. 2017042666 DOC.NP. D.R.,N.C.,T PROPOSED 6" 0900 PVC WATERLINE 420 6 L F. TO BE INSTALLED BY OPEN CUT PROPOSED 6" 0900 PVC WATERLINE 480 ± L F TO BE INSTALLED BY OPEN CUT PROPOSED 6" C900 PVC WATERLINE 440 ± L.F. TO BE INSTALLED BY OPEN CUT PROPOSED 6" 90' D.I.M J. BEND 1-2" WATER METER 1- IRRIGATION WATER METER 1-6" FIRE HYDRANT REMAINDER OF 13 ACRE TRACT DOC.N0.20017050485 D.R.,N.C.,T. s 0 40 80 160 GRAPHIC SCALE IN FEET NEED TO VERIFY IF ON-SITE WORK IS TO BE COMPLETED UNDER THIS CONTRACT /NUMBER REVISION DATE DRAWN DESIGNED REVIEWED FOR INTERIM REVIEW THIS MEM. IS RELEASED FOR THE PURPOSEOF REVIEW AUTHOR UNDER THE AUIHORRY OF: Nome: PAUL M. PIIARCZ1O. P.E.Date MURPHY LLC 15641 Northwest Blvd. Robstown, TX 78380 Hanson Na 16L01486 HANSON o Copyright Hanson Professional Services Inc 2018 TBPE F-417 TBPLSF-10039500 TBPG F-50556 TBAE F -BR 2458 Phone: (361) 814-9900 (800) 677-2831 om www.hanson-inc.com Offices Nationwide Nationwide MURPHY DEVELOPMENT LOOP ' 4 A 4A of 7 sheets Filename NEI -8857 Scale AS SHOWN WATERLINE EXTENSION MURPHY LLC - RAWS WATERLINE EXTENSION NUECES COUNTY, TEXAS 9/1 0/201 8 . Hanson Professional Services Inc. 4501 Gollihar Rd. Corpus Chrisiti, Texas 78411 Serial Na.: 82060 Date: 8/10/2016 LAYOUT VM 9/10/2018 D IT IS TO USED FOR DRAWN VM 9/10/2018 REVIEWED PMP 9/10/2018 o co o N o� PROPOSED 6" D.I.M J. GATE VALVE 34+63 PROPOSED 6" FIRE HYDRANT PROPOSED 6" C900 PVC WATERLINE 1465 L.F. TO BE INSTALLED BY OPEN CUT APPROX. CONCRETE PAVEMENT REPAIR 480 SF WADE RIVER SUBi ""G'BLOCK 4, LOT 1 VOLUME 68, PAGE 916 M.R,N.C.,T. PROPOSED 6" FIRE HYDRANT F M 624 25+00 PROPOSED 6" C900 PVC WATERLINE 50 L.F. t TO BE INSTALLED BY OPEN CUT ASPHALT PAVEMENT REPAIR 54 SF 24,00►mn- 23,pp —— .r4..,.W 22+pp 21+00 PROPOSED 6" FIRE HYDRANT 18,00 _ 6..14—_ 17+00 LEGEND PROPOSED 6" D.I.M.J. GATE VALVE PLUG WI BLIND FLANGE PROPOSED FIRE HYDRANT PROPOSED WATER VALVE PROPOSED WATERLINE PROPOSED EASEMENT CENTER LINE OF ROAD EDGE OF PAVEMENT PROPOSED 6" FIRE HYDRANT PROPOSED 6"06" D.I.M.J. TEE 1-6" D1M.J. GATE VALVE KEVIN E. ROBERTSON, ET. UX. 20.01 ACRES D0C.N0. 1996018500 D.R.,N.C.,T. _ NORTHWEST BOULEVARD (F.M. 624) ORIGHT—OF—WA PROPOSED 6" FIRE HYDRANT PROPOSED 6" C900 PVC WATERLINE 2100 L.F. TO BE INSTALLED BY OPEN CUT F M 624 R.O.W PROPOSED 6" FIRE HYDRANT •00 PROPOSED 6" 2' SPOOL 1-6" D.I. M.J. GATE VALVE PROPOSED 6"06" D.I. M.J. TEE GATE VALVE PUERTO LOS CABALLEROS LLC 39.750 ACRES DOC.NO. 2017042666 DOC.NP. D.R.,N.C.,T PROPOSED 6" FIRE HYDRANT PROPOSED 26 SF ASPHALT REPAIR SANDRA RATHKE 7.458 ACRES DOC. N 0.201 5022782 D.R.,N.C.,T. s 0 40 80 160 GRAPHIC SCALE IN FEET /NUMBER REVISION DATE DRAWN DESIGNED REVIEWED FOR INTERIM REVIEW THIS DOCUMENT Is RELEASED FOR THE PURPOSE OF RENEW UNDER THE AUTHORITY OF: Nome: PAUL M. PIIARCZYK, P.E MURPHY LLC 15641 Northwest Blvd. Robstown, TX 78380 Hanson Na 16L01486 HANSON ® Copyright Hanson Professional Services Inc. 2018 TBPE F-417 TBPLSF-10039500 TBPG F-50556 TBAE F -BR 2458 Phone: (361) 814-9900 (800) 677-2831 Oww•haNationwide Offices Nationwide WATERLINE ALIGNMENT 4 4 of 7 4 sheets Filename NEI -8857 Scale AS SHOWN WATERLINE EXTENSION MURPHY LLC - RAWS WATERLINE EXTENSION NUECES COUNTY, TEXAS Date 9/10/2018 Hanson Professional Services Inc. 4501 Gollihar Rd. Corpus Chrisiti, Texas 78411 Date: Na'` 82060 Date: 9/10/2018 LAYOUT VM 9/10/2018 D INS NOT Po a USED FOR DRAWN VM 9/10/2018 REVIEWED PMP 9/10/2018 1 c8 s co o o r STRAW BALE 23+00 22+00 ec NORTHWEST BOULEVARD ' (F.M. 624) 130 MOW—OF—WAY) 17+00 1^+00 15+00 14+000� PUERTO LOS CABALLEROS LLC 39.750 ACRES DOC.NO. 2017042666 DOC.NP. D.R..N.C..T KEVIN a ROBERTSON, ET, UX. 20.01 ACRES DOC.NO, 1996018500 11+00 10+00 9+00 8+00 1:. 00 2+00 1+00 SANDRA RATHKE 7.458 ACRES DOC.N0.2015022782 13 ACRE -3 DOC N0.2p00 50485 REMANDER OF 13 ACRE TRAGI DOC.N0.20017050485 STRAWBALE NOTES: 1.SHALLBE A5 SOON AS PRACTICABLE 2. SHALL REMAIN IN PLACE AND MAINTAINED UNTIL DISTURBED AREA IS STABILIZED BY PERMANENT MEASURES OR ENGINEER OR OWNER APPROVES REMOVAL 3. DAILY YRINSPE TION IS TO BE MADE BY THE 4. SILT ACCUMULATION OF 1e THE HEIGHT OF THE STRAW BALE FENCE SHALL BE REMOVED PRIOR TO A STORM EVENT AND IMMEDIATELY AFTERWARDS. 2578 22 pWROOD�EEN DIAMETER STEEL38AR BINDINGS SECTION MUM N9YIYI111111YIYIYII' 1199911/4 LD NOT TO SCALE STRAW RAI F (SR) NOT TO SCALE TOWARDS PREVIOUSLY LAID BALE FLOW FLOW III 1 II 1 211111111:1 FLOW TIGHTLY WITH GSTORAW M TERIAL PLAN J LOW le )FLOW NOT TO SCALE STRAW BALE REQUIREMENTS: 1. STRAW BALE MATERIAL SHALL BE COMPOSED OF NATURAL VEGETATIVE MATERIAL APPROVED BY THE ENGINEER. 2. STRAW BALE SIZE: SHALL WIDTH OF14 NCHES,AMINIMUM LENGTH INCHES, HEIGHT OF 1INCHES AND WEIGH AMINIMUM OF 50 LBS. 3. BINDINGS: SHALL BE OF WIRE (14 GAUGE MIN.), NYLON OR POLYPROPYLENE ROPE (12 GAUGE MIN.). JUTE AND COTTON BINDING IS NOT ALLOWED. 4. STRAW BALE PLACEMENT: BUTT THE ENDS OR SIDES OF THE STRAW BALES TIGHTLY AGAINST EACH OTHER, ANY GAPS SHALL BE FILLED COMPLETELY WITH STRAW MATERIAL 5. STAKE MATERIAL: WOOD STAKE — MADE FROM NON—TREATED LUMBER OF SHAPE AND SIZE STATED WHICH IS FREE OF ANY DEFECTS. SAEMLTEAR REINFORCEMENT — SHALL BE A MINIMUM 3/8 INCH IN 6. IMMEDIATELY REPLACE STRAW BALES THAT ARE DAMAGED OR DETERIORATING. NOTE: • STRAW BALE, OR ENGINEER APPROVED EQUAL SHALL BE PLACED ACROSS EXISTING DITCHES WITHIN THE R.O.W. (STRAW BALES ARE NOT DRAWN TO SCALE AND SHALL NOT BE PLACED WITHIN THE ROADWAY). SBF s 0 75 150 300 GRAPHIC SCALE IN FEET LEGEND STRAW BALE FENCE STRAW BALE 1 /NUMBER REVISION DATE DRAWN DESIGNED REVIEWED FOR INTERIM REVIEW THIS DOCUMENT G RELEASED FOR THE PURPOSE OF RENEW UNDER THE AUTHORRY OF: Nome: PAUL M. PIIARCZYK, P.E MURPHY LLC 15641 Northwest Blvd. Robstown, TX 78380 Hanson No 16L01486 HANSON o Copyright Hanson Professional Services Inc. 2018 TBPE F-417 TBPLS F-10039500 TBPG F-50556 TBAE F -BR 2458 Phone: (361) 814-9900 (800) 677-2831 www.hanson-inc.com Offices Nationwide STORM WATER POLLUTION PREVENTION PLAN 5 5 of 7 sheets Filename NEI -8857 Scale AS SHOWN WATERLINE EXTENSION MURPHY LLC - RAWS WATERLINE EXTENSION NUECES COUNTY, TEXAS Dote 9/10/2018 Hanson Professional Services Inc. 4501 Gollihar Rd. Corpus Chrisiti, Texas 78411 S.ne 9/10/2018 Date: No.: /2080 LAYOUT VM 9/10/2018 D IS NOT TO USED FOR DRAWN VM 9/10/2018 REVIEWED PMP 9/10/2018 SEE PLAN FOR BORING OR OPEN CUT INSTALLATION AND FOR LENGTHS AND DIAMETERS OF CASING PIPES. TWO SPACERS SHALL BE PLACED AT EACH END OF CASING (TYP.) WATERUN7 } 11=II4III�II Ilk II REQUIRED AT EACH JOINT TO PREVENT OVERBEWNG (TM.) iiii STEEL CASING STEEL CASING PIPE WALL THICKNESS CHART MINIMUM THICKNESS 1/4" (0.250") 5/16" 0.3125") 3/8" 0.375") 7/16" 0.4375") 1/2" 0.50") 9/16" 0.5625") 5/8" 0.625") DIAMETER OF CASING PIPE 12" OR LESS OVER 12" - 18" OVER 18" - 22" OVER 22" - 28" OVER 28" - 34" OVER 34" - 42" OVER 42" - 48" THIS CHART I5 ONLY FOR SMOOTH STEEL CASING PIPES WITH MINIMUM YIELD STRENGTH OF 35,000 psi. 6II IL CASING DETAIL SEAL ENDS OF CASING WITH 2500 P51 CONCRETE, BRICK AND MORTAR (MINIMUM LENGTH 12"), OR RUBBER SEAL WITH STAINLESS BANDS SCALE: N.T.S CASING SPACER SHALL BE SIZED TO CLEAR BELL OF PVC PIPE CASING NOTES: 1. CASING SPACERS SHALL BE PROJECTION TYPE, TOTALLY NON-METAWC SPACERS CONSTRUCTED OF PREFORMED SECTIONS OF HIGH DENSITY POLYETHYLENE. SPACERS SHALL BE ISO 9002 CERTIFIED FOR STRENGTH AND QUALITY. SPACERS SHALL BE MANUFACTURED BY RACI OR APPROVED EQUAL. 2. CASING SPACERS SHALL BE INSTALLED PER MANUFACTURER SPECIFICATION. 3. CASING SPACER SPACING SHALL BE DETERMINED BY MANUFACTURER. 4. A MINIMUM OF THREE SPACERS PER JOINT OF PVC PIPE SHALL BE USED. 5. BORINGS MAY BE INSTALLED EITHER "WET" OR "DRY" UNLESS ROADWAY OWNER REQUIRES OTHERWISE. 6. CASING SHALL EXTEND FROM CENTERLINE OF DITCH TO CENTER UNE OF DITCH PRO SELECT CAST IRON PSV88450 VALVE BOX 6" PVC C-900 PIPE RISER COMPACT BACKFILL TO LEVEL OF PACKING GLAND THEN PLACE SINGLE LAYER BRICK AROUND ENTIRE VALVE. ADJUSTABLE VALVE BOX & COVER TO REST ON BRICK. NATURAL GRADE #3 BARS CONCRETE (MAXIMUM 2500 psi) SOUD BRICK SUPPORT MECHANICAL JOINT, NON -RISING STEM, SERIES 2500 DUCTILE IRON RESIDENT WEDGE GATE VALVE, MEETING THE REQUIREMENTS OF AWWA C509. ALL VALVES AND FITTINGS TO BE WRAPPED IN 8 MIL POLYETHYLENE SHEATHING. SEAL WITH DUCT TAPE. SAND ENCASEMENT _� SAND ENCASEMENT NOTE: THRUST BLOCK ALL VALVES LOCATED AT A DEPTH OF 2 FEET OR GREATER SHALL TYPICAL GATE VALVE INSTALLATION oPEIRNnNG 801 EXTENsoNS. SCALE: N.T.S. CONSTRUCTION NOTES: 1. ALL BENDS, FITTINGS, VALVES, AND REDUCERS ARE TO BE RESTRAINED. 2. CONTRACTOR SHALL MEASURE THE O.D. OF ALL EXISTING PIPE AT EACH CONNECTION TO DETERMINE THE CORRECT GASKET DIAMETER PRIOR TO STARTING THE CONNECTION. IF SPECIAL GASKETS ARE REQUIRED, THEY SHALL BE PROVIDED BY THE CONTRACTOR AT NO ADDmONAL COSTS. 3. DEFLECT PIPE AND FITTINGS AS NECESSARY TO MAKE CONNECTIONS TO EXISTING PIPE AND FITTINGS. 4. IF A SLEEVE OR FITTING IS REQUIRED TO COMPLETE THE CONNECTION, ITS COST SHOULD BE INCLUDED IN THE CONNECTION COST. 5. CONTRACTOR SHALL PROVIDE D.I. ADAPTER COUPUNGS WHEN AC PIPE IS PRESENT. CONTRACTOR SHALL LOCATE THE EXISTING AC PIPE BELLS WHERE REQUIRED AND FOLLOW THE INSTRUCTIONS IN THE CONTRACT DOCUMENTS FOR CONNECTING, REMOVING, AND DISPOSING OF THE AC PIPE. CONTRACTOR SHALL BE RESPONSIBLE FOR VERIFYING THE 0.D. OF ALL AC PIPE CONNECTIONS TO CORRECTLY SIZE ADAPTER COUPLING. 6. 4" MAINS AND LARGER SHALL BE DR 18, CLASS 150, MEETING THE REQUIREMENTS OF A.W.WA. C-900 PIPE. JOINTS FOR PIPE 4" AND LARGER SHALL BE THE ELASTEMERIC GASKET TYPE MEETING THE REQUIREMENTS OF A.S.T.M. F-477. 7. ALL FITTINGS 6" AND LARGER WILL BE CLASS 250 DUCTILE IRON MECHANICAL JOINT TYPE (MORTAR LINED) AND WRAPPED WITH 8 MIL. POLYETHYLENE. 8. CONCRETE THRUST BLOCKING SHALL BE PROVIDED AT ALL FITTINGS AND FIRE HYDRANTS UNLESS SHOWN OTHERWISE AND PROVIDE BEARING AREA SUFFICIENT THAT THE FITTINGS WILL NOT MOVE DURING TESTING PRESSURES. 9. CONTRACTOR SHALL NOTIFY THE CORPORATION (361-387-2614) AT LEAST 24 HOURS PRIOR TO EXCAVATION WITHIN 20 FEET OF ANY EXISTING WATER LINE. IT SHALL BE THE CONTRACTORS RESPONSIBILITY TO KEEP THE OFFICE INFORMED AT LEAST ONCE EACH DAY OF HIS ACTIVITIES WHILE WORKING IN SAID 20 FEET. THE ACTUAL CONNECTION MUST BE MADE IN PRESENCE OF A RIVER ACRES WATER SUPPLY CORPORATION REPRESENTATIVE. 10. CONTRACTOR SHALL INSTALL #12 COPPER W.P. DETECTOR WIRE WITH ALL MAIN UNES. THE WIRE SHALL BE BROUGHT UP AT EACH FIRE HYDRANT AND WRAPPED AROUND TWICE. ALL JOINTS SHALL BE SOLDERED AND WRAPPED IN PVC COATING. 3' MAXIMUM JOINT REQUIRED FOR PVC PIPE ONLY, ON BOTH ENDS OF CASING. 6" C900 PIPE SWIVEL X SOUD ADAPTER rc BURY OR AS REQUIRED FIRE HYDRANT. WITH DRAIN HOLES. MATCHING REQUIREMENTS OF AWWA C502 0.000 HOSE NOZZLE (2 REQUIRED) PUMPER NOZZLE 18" MIN. NOTE: ALL HYDRANT NOZZLES SHALL HAVE NATIONAL STANDARD THREADS. SEE DETAIL FOR TYPICAL VALVE INSTALLATION. SHEET 29 8 MIL POLYETHYLENE SLEEVE (TYP.) MECHANICAL JOINT INLET SHOE MECHANICAL }JOINT SWIVEL TEE WITH 6" OUTLET. CONCRETE BLOCKING M N. DIMENSIONS 24" DM. X 24" DEEP 6" PVC NIPPLE GRAVEL DRAIN PIT WATERLINE INSTALL 2 -STAINLESS STEEL RODS AT EACH FIRE HYDRANT. RODS SHALL BE A MIN. OF 3/4" DIA. AND SHAM HAVE BRACKETS TO CLEAR RINGS. M.J., BELLS. NUTS AND WASHER SHALL ALSO BE PROVIDED. FIRE HYDRANT ASSEMBLY SCALE: N.T.S. NOTE: HYDRANT ADJUSTMENT OTHER THAN STANDARD LENGTHS; SHALL BE CONSIDERED SUBSIDIARY TO THE TO THE FIRE HYDRANT ASSEMBLY BID ITEM. 1 PROPERTY LINE 6" C900 VARIABLE LENGTH PIPE NEW M.J. FIRE HYDRANT 6" M.J. VALVE M.J. SWIVEL HYDRANT TEE TYPE 1 6" 90' SWIVEL BEND 6" M.J. VALVE NOTE: SAW -CUT ASPHALT & BASE FULL DEPTH PRIOR TO TRENCHING. SAW -CUT ASPHALT SURFACE AGAIN AFTER COMPACTING TRENCH BACK FILL. SAW CUT 4" EITHER SIDE OF TRENCH WALL AFTER BACK FIWNG TRENCH. PAVEMENT SHALL BE REPLACED TO ORIGINAL CONDITION. UNDISTURBED NATURAL GROUND A. BACK FILL SHALL BE SELECT MATERIAL FROM TRENCH EXCAVATION AND COMPACTED TO THE SAME COMPACTION OF SURROUNDING NATURAL GROUND. B. PROVIDE SAND BEDDING TO A POINT 4" ABOVE TOP OF PIPE. THE SAND SHALL CONTAIN NO ROCKS, PORTIONS OF ANY TREES (INCLUDING STUMPS OR ROOTS) A CLAY CONTENT WHICH EXCEEDS FOUR PERCENT (48 , AND NO LARGE CLUMPS OF CLAY WHICH ARE MORE T N TWO INCHES (2") IN DIAMETER. THE SAND SHAH BE PLACED AND COMPACTED TO ELIMINATE ANY VOIDS AROUND THE PIPE, AND SHALL BE COMPACTED TO A MINIMUM OF 858 STANDARD PROCTOR. M.J. SWIVEL HYDRANT TEE TYPE 2 PROPERTY LINE NEW M.J. FIRE HYDRANT FIRE HYDRANT ASSEMBLY DETAIL N.T.S. NOTE: TYPE 2 FIRE HYDRANT ASSEMBLY WILL ONLY BE ALLOWED WITH SPECIFIC APPROVAL BY THE RIVER ACRES WATER SUPPLY CORPORATION WHITE P BACKGROUND C W 1 "\U A P T T E I E L, R 1 BLUE LETTERS N BEFORE .1 COLLECT 361-287-2619 RIVER ACRES WATER SUPPLY CORPOPMON NATURAL GROUND TOP SOIL. BUILD UP SOIL OVER TRENCH 4" MAXIMUM HEIGHT DO NOT BLOCK DRAINAGE DETECTION TAPE/WIRE io1 TRENCH STANDARD BACK FILL SCALE: N.T.S. BLUE BACKGROUND WHITE LETTERS WHITE LETTERS IF MARKER 15 INSTALLED IN LOOSE. SANDY OR MARSHY SOILS USE CARSONITE ANCHOR INSTALLED AS RECOMMENDED BY MANUFACTURER 2 BULB TYPE POP RIVETS PER ANCHOR BARB WATERLINE MARKER DETAIL N.T.S. NOTE' 1. MARKERS SHALL BE CARSONITE UTILITY MARKER CUM -375. DECALS SHALL BE CW -112 FOR WATER LINE AND CYN -116 FOR VALVES 2. MARKERS SHALL BE INSTALLED WITH CARSONITE ROAD MARKER DRIVER D-400 AS RECOMMENDED BY MANUFACTURER OR APPROVED EQUAL. 3. IF MARKERS ARE INSTALLED IN HARD OR ROCKY SURFACES. USE CARSONITE PILOT HOLE DRIVER P-100 AS RECOMMENDED BY MANUFACTURER 4. IF MARKER IS INSTALLED IN LOOSE, SANDY OR MARSHY SOILS, BURIED DEPTH SHALL BE 24" MIN. 5. IF MARKER IS INSTALLED IN HARD OR ROCKY SURFACES. BURIED DEPTH SHALL BE 18" MIN. 6. MARKER SHALL BE INSTALLED AT EACH COUNTY R.O.W. UNE WHERE IT IS CROSSED BY A WATERLINE. "NUMBER // DATE DRAWN %/ i FOR INTERIM REVIEW THS DOCUMENT IS RELEASED FOR THE PURPOSE DF RENEW UNDER THE AIRHORIIY y Name: PAUL N. PIV0009zy5. RE MURPHY LLC 15641 Northwest Blvd. Robstown, TX 78380 Hanson Na. 16L0148B HANSON ®Copyright Hanson Professional Services Inc. 2018 TBPE F 417 TBPF-100395004 TBPG F-50556 TBAE F -BR 2458 Phone: (361) 814-9900 (800) 677-2831 www.hanson-inc.com Offices Nationwide DETAILS 1 OF 2 6 I. WATER LINE m io1 TRENCH STANDARD BACK FILL SCALE: N.T.S. BLUE BACKGROUND WHITE LETTERS WHITE LETTERS IF MARKER 15 INSTALLED IN LOOSE. SANDY OR MARSHY SOILS USE CARSONITE ANCHOR INSTALLED AS RECOMMENDED BY MANUFACTURER 2 BULB TYPE POP RIVETS PER ANCHOR BARB WATERLINE MARKER DETAIL N.T.S. NOTE' 1. MARKERS SHALL BE CARSONITE UTILITY MARKER CUM -375. DECALS SHALL BE CW -112 FOR WATER LINE AND CYN -116 FOR VALVES 2. MARKERS SHALL BE INSTALLED WITH CARSONITE ROAD MARKER DRIVER D-400 AS RECOMMENDED BY MANUFACTURER OR APPROVED EQUAL. 3. IF MARKERS ARE INSTALLED IN HARD OR ROCKY SURFACES. USE CARSONITE PILOT HOLE DRIVER P-100 AS RECOMMENDED BY MANUFACTURER 4. IF MARKER IS INSTALLED IN LOOSE, SANDY OR MARSHY SOILS, BURIED DEPTH SHALL BE 24" MIN. 5. IF MARKER IS INSTALLED IN HARD OR ROCKY SURFACES. BURIED DEPTH SHALL BE 18" MIN. 6. MARKER SHALL BE INSTALLED AT EACH COUNTY R.O.W. UNE WHERE IT IS CROSSED BY A WATERLINE. "NUMBER REVISION DATE DRAWN DESIGNED REVIEWED FOR INTERIM REVIEW THS DOCUMENT IS RELEASED FOR THE PURPOSE DF RENEW UNDER THE AIRHORIIY y Name: PAUL N. PIV0009zy5. RE MURPHY LLC 15641 Northwest Blvd. Robstown, TX 78380 Hanson Na. 16L0148B HANSON ®Copyright Hanson Professional Services Inc. 2018 TBPE F 417 TBPF-100395004 TBPG F-50556 TBAE F -BR 2458 Phone: (361) 814-9900 (800) 677-2831 www.hanson-inc.com Offices Nationwide DETAILS 1 OF 2 6 6 of 7 sheets nen.. NEI -8857 Scale AS SHOWN WATERLINE EXTENSION MURPHY LLC - RAWS WATERLINE EXTENSION NUECES COUNTY, TEXAS Date 9/10/2018 Hanson Professional Services Inc. 4501 Gollihar Rd. Corpus Chrisiti, Texas 78411 Serial Na.: /2010 Date: 9/10/2018 LAYOUT VM 9/10/2018 D IT IS TOUSED FOR DRAWN VM 9/10/2018 REVIEWED PMP 9/10/2018 co co co o -" 0 1. THRU UNE CONNECTION. TEE 2. THRU UNE CONNECTION, CROSS USED AS TEE 3. DIRECTION CHANGE, ELBOW 4. DIRECTION CHANGE VERTICAL, BEND 5. DIRECTION CHANGE, TEE USED AS ELBOW 6. DIRECTION CHANGE 7. DIRECTION CHANGE, CROSS USED AS ELBOW 8. THRU LINE CONNECTION, WYE 9. HYDRANT RUNOUT SERIES 1300 UNI—FLANGE BLOCK BUSTER RESTRAINT SERIES 1350 UNI—FLANGE BLOCK BUSTER RESTRAINT TYPICAL RESTRAINT LOCATIONS FOR PVC & D.I. PIPE SCALE: N.T.S. RECOMMENDED RESTRAINT LENGTHS FOR HORIZONTAL OFFSETS OF PVC PIPE (Lr) NOM. PIPE SIZE (IN.) 90' BEND 45' BEND 22.5' BEND 11.25' BEND SIZE ON SIZE TEE* VALVE/ DEAD— END 4" 4 S FT 35Q FT 2 S FT 1 SQ FT 1 SQ FT 6" 4 17 FT. 7 FT. 4 FT. 2 FT. 18 FT. 28 FT. 6 24 FT. 10 FT. 5 FT. 3 FT. 29 FT. 39 FT. 8 32 FT. 13 FT. 7 FT. 4 FT. 42 FT. 51 FT. 10 38 FT. 16 FT. 8 FT. 4 FT. 52 FT. 62 FT. 12 45 FT. 19 FT. 9 FT. 5 FT. 64 FT. 73 FT. • RECOMMENDED RESTRAINT LENGTHS FOR TEES ARE FOR THE BRANCH OUTLET AND ASSUME A MINIMUM 2 FT. SECTION OF PIPE ATTACHED TO EACH SIDE OF THE RUN. RESTRAINT DEVICES SHOULD ALSO BE INSTALLED ON BOTH RUN JOINTS OF THE TEE ITSELF. NOTE: ANY JOINTS THAT FALL WITHIN THESE RECOMMENDED LENGTHS SHOULD BE RESTRAINED (ON EACH SIDE OF BENDS, ON THE BRANCH OUTLET OF TEES, AND BEFORE DEAD—ENDS). CONTRACTOR TO VERIFY RESTRAIN SYSTEM W/MANUFACTURER OF PIPE AND RESTRAINTS. PVC RESTRAINT LENGTHS BASED ON USING 8016 OF THE REQUIRED RESTRAINTS FOR D.I./POLY. • THE FOLLOWING PARAMETERS ARE FOR THE ABOVE TABLE PIPE MATERAIL SOIL TYPE SAFELY FACTOR TRENCH TYPE DEPTH OF BURY TEST PRESSURE LENGTH ALONG RUN D.I. CLAY 2.5 4 3 FT. 150 PSI 2 FT. TYPICAL THRUST BLOCK ANY BEND 2500 psi. CONCRETE NOTE I_=mu1 STUBBED SOIL E.E..-=LIfSfT1!TIhAT1=71lTl w=i—. 4 MIN 6" MIN. THRUST BLOCK DETAIL WRAP IN 2 LAYERS OF 8 MIL POLYETHYLENE SHEETING SCALE: N.T.S. WHEN POURING THRUST BLOCKS, CONTRACTOR SHALL TAKE CARE NOT TO LET CONCRETE INTERFERE WITH M.J. FLANGE & BOLT CONNECTION. AU. FITTINGS AND CONCRETE BLOCKS TO BE WRAPPED IN 6 MIL POLYETHYLENE SHEATHING PRIOR TO POURING THRUST BLOCK. SAND ENCASEMENT :l UNDISTURBED SOIL 0 6" MIN WATER UNE I-11. UNDISTURBED SOIL IIA—Illi 11=III=111- 111-111-111— 1=111=111=111_ GATE VALVE. SEE DETAIL, SHEET 5. CONCRETE BLOCKING 111-111-111 1=11 I- 17 11111 . 1111 UNDISTURBED SOIL WATER LINE SAND ENCASEMENT 8 MIL POLYETHYLENE THRUST BLOCK DETAIL SHOWING TYPICAL VALVE LOCATION SCALE: N.T.S. MINIMUM THRUST BLOCK AREA REQUIRED PIPE SIZE TEES & VALVES 900 BEND 45 0 BEND 22 1/2 0 BEND 11 1/4 0 BEND 4" 4 S FT 35Q FT 2 S FT 1 SQ FT 1 SQ FT 6" 950 FT 7 S FT 450 FT 2 S FT 1 SQ FT 8" 16 SQ FT 11 SQ FT 6 SO FT 3 SQ FT 2 S FT 10" 24 SQ FT 17 SQ FT 10 SO FT 5 SQ FT 4 SQ FT 12" 35 SQ FT 25 SQ FT 14 SQ FT 7 S FT 4 SQ FT THRUST BLOCK NOTES : 1. 2. WHERE TRENCH WALL HAS BEEN DISTURBED, EXCAVATE ALL LOOSE MATERIAL AND EXTEND THRUST BLOCK TO UNDISTURBED SOIL 3. ON TEES AND BENDS, EXTEND THRUST BLOCK FULL LENGTH. 4. NO CONCRETE SHALL BE POURED OVER BOLTS OR ON TOP OF FITTINGS. 5. BACKFILL SHALL CONSISTS ENTIRELY OF CLEAN SOIL FREE OF ROCK FRAGMENTS. ANY MUCK ENCOUNTERED SHALL BE REPLACED WITH ACCEPTABLE BACKFILL. THRUST BLOCKS SHALL BE POURED AGAINST UNDISTURBED SOIL. 6. ALL CONCRETE SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 2500 PSI AT 28 DAYS. 7. NO SEPARATE PAYMENT. 8. NO CONCRETE IS ALLOWED AROUND NUTS OR BOLTS. A MINIMUM OF 4" CLEARANCE SHALL BE MAINTAINED BETWEEN CONCRETE AND BOLTS. 9. 150 PSI WAS USED FOR THE HEAD AND 1,000 LB WAS USED FOR BEARING CAPICATY FOR THE ABOVE TABLE. OF UTILITY TO BE CROSSED 1 OD'± 340'± Ht 440'± 11 5 PVC DEFLECTION GUIDE 1. R IS THE INTENT OF THIS PROJECT TO MAINTAIN A MINIMUM COVER OF 3'-0" WHENEVER POSSIBLE. PVC DEFLECTION GUIDE FOR UTILITY CROSSINGS SCALE: N.T.S. 2, THE MAXIMUM ALLOWABLE DEFLECTION ON A JOINT OF PVC PIPE AND DUCTILE IRON PIPE IS APPROXIMATELY 2' PER JOINT. THIS UTIUTY DEFLECTION GUIDE IS BASED ON THE ASSUMPTION THAT THE BEGINNING AND ENDING ELEVATIONS ON THE PIPE ARE LEVEL. 3. THE CONTRACTOR IS RESPONSIBLE FOR CALCULATING THE MIN. DEFLECTION DISTANCES REQUIRED TO CLEAR THE UTILITY. IT IS RECOMMENDED THAT HE EXCAVATE WELL AHEAD OF THE PIPE LAYING CREW IN ORDER TO MAINTAIN MAXIMUM ALLOWABLE DEFLECTION REQUIREMENTS. 4. THE CONTRACTOR MAY CHOOSE TO USE M.J.,D.I. FITTINGS FOR THE ADJUSTMENTS. HOWEVER, THE FITTINGS MUST BE RESTRAINED IN ACCORDANCE WITH THE VERTICAL THRUST RESTRAINT SYSTEM DETAIL NO ADDITIONAL COST WILL BE P910 BY THE OWNER. 5. SECTIONS OF UNE WHICH EXCEED THE MAXIMUM ALLOWABLE DEFLECTION REQUIREMENTS WILL HAVE TO BE CORRECTED AT THE CONTRACTORS EXPENSE. PROPOSED 6" WATERLINE 80'-0" 80'-0" PROPERTY LINE WATERLINE DEFLECTION INTO EASEMENT DETAIL SCALE: N.T.S. 3 0 rc mL, 0.0 iu BURY OR AS REQUIRED FIRE HYDRANT, WITH DRAIN HOLES, MATCHING REQUIREMENTS OF AWWA C502 HOSE NOZZLE (2 REQUIRED) PUMPER NOZZLE 18" MIN. NOTE: ALL HYDRANT NOZZLES SHALL HAVE NATIONAL STANDARD THREADS. SEE DETAIL FOR TYPICAL VALVE INSTALLATION. SHEET 29 8 MIL POLYETHYLENE LYETHYLENE SLEEVE (TYP.) MECHANICAL JOINT INLET SHOE iI MECHANICAL (JOINT SWIVEL TEE WITH 6" OUTLET. CONCRETE BLOCKING M N. DIMENSIONS 24" DIA. X 24" DEEP 6" PVC NIPPLE GRAVEL DRAIN PIT WATERLINE INSTALL 2—STAINLESS STEEL RODS AT EACH FIRE HYDRANT. RODS SHALL BE A MIN. OF 3/4" DIA AND SHALL HAVE BRACKETS TO CLEAR RINGS. M.J.. BELLS. NUTS AND WASHER SHALL ALSO BE PROVIDED. FIRE HYDRANT ASSEMBLY SCALE: N.T.S. NOTE: HYDRANT ADJUSTMENT OTHER THAN STANDARD LENGTHS; SHALL BE CONSIDERED SUBSIDIARY TO THE TO THE FIRE HYDRANT ASSEMBLY BID ITEM. "NUMBER REVISION DATE DRAWN DESIGNED REVIEWED FOR INTERIM REVIEW THS DOCUMENT IS RELEASED FOR THE PURPOSE OF RENEW UNDER THE AUTHORITY OF: Name: PAUL N. PIV 0018, P5 MURPHY LLC 15641 Northwest Blvd. Robstown, TX 78380 Na. Hanson 16L0148B HANSON O Copyright Hanson Professional Services Inc. 2018 TBPE F 417 TBPLS F-10039500 TBPG F-50556 TBAE F -BR 2458 Phone: (361) 814-9900 (800) 677-2831 www.hanson-inc.com Offices Nationwide DETAILS 2 OF 2 7 7 I of 7 4 sheets Rlename NEI -8857 AS SHOWN WATERLINE EXTENSION MURPHY LLC - RAWS WATERLINE EXTENSION NUECES COUNTY, TEXAS Date 9/10/2018 Hanson Professional Services Inc. 4501 Gollihar Rd. Corpus Chrisiti, Texas 78411 Serial 9a.: /2010 Date: 9/10/2018 LAYOUT VM 9/10/2018 D IS NOT TOUSED FOR DRAWN VM 9/10/2018 REVIEWED PMP 9/10/2018 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Puerto Los Caballeros, LLC STREET: P.O. Box 9605 CITY: Corpus Christi, Texas ZIP: 78469 FIRM is:OCorporation @Partnership @Sole Owner @Association @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 N/A Job Title and City Department (if known) 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 N/A Title 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 N/A Board, Commission, or Committee 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 CERTIFICATE 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 4 the City of Corpus Christi, Texas as changes occur. Certifying Person: V�►i \1 l 1 u g Title: M'.IM 13�IZ (Print Name) n Signature of Certifying Person: C f ,, "' �1��,) J1/4„..A , Date: �c` 1$g • K NIFVFI f1PMFNTSVCClSHARFhR ANh fFVFI fIPMFNTIIIPPI Ir6TIAN Cr1PtAC1P CIMI.Ir, nHSrl rico loc r r I cor..ro crnraue.n c .n nn.c hhn Deferment Agreement for Puerto Los Caballeros Tract, Block 1, Lot 1 (south of Northwest Blvd (FM 624) and east of County Road 73) City Council Presentation November 13, 2018 Aerial Overview At N Vicinity Map t N Staff Recommendation Approval AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting of November 27, 2018 DATE: November 13, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, Director of Development Services NinaMcctexas.com (361) 826-3276 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2@cctexas.com (361) 826-3169 Amendment to Service Agreement No. 1820 Unified Development Code Updating Services CAPTION: Motion authorizing an amendment to Service Agreement No. 1820 Unified Development Code Updating Services with Kendig Keast Collaborative of Sugar Land, Texas in the amount of $7,250.00 for a revised total contract price of $53,412.00. PURPOSE: To approve an amendment to Service Agreement No. 1820 Unified Development Code Updating Services. BACKGROUND AND FINDINGS: Through a formal request for proposals (RFP) process, Development Services requested proposals from firms qualified and interested in providing services to review and evaluate the City's Unified Development Code and develop a framework for updating and simplifying the Code. Two proposals were evaluated by an evaluation team against the published criteria in the RFP; Kendig Keast Collaborative was awarded the contract as the highest scoring firm and best value to the City with a total value of $46,162.00 executed in September 2018. The contractor will provide an evaluation report that will include recommendations on overall language and content revisions, the sections which require specific revision, recommended definitions to be added, recommended edits, and language amendments. The report will provide a well-defined process for next steps in a multi -phased program to amend the UDC. After beginning work with the firm, Development Services determined amending the agreement to include a total of seven stakeholder roundtable meetings and a total of two Open Door Meetings adds greater value to the contract and will best serve the needs of the City. The additional stakeholder roundtables allow for external perspectives to the project, and the Open Door Meetings provide opportunities for any person interested to attend and understand the nature of the project, its timeline, and outcomes. The additional services will increase the contract by $7,250.00, and the total revised amount of this Service Agreement is not to exceed $53,412.00. ALTERNATIVES: Not applicable OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Development Services FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $562,380.35 $0.00 $562,380.35 Encumbered / Expended Amount $462,380.35 $0.00 $462,380.35 This item $7,250.00 $0.00 $7,250.00 BALANCE $92,750.00 $0.00 $92,750.00 Fund(s): Development Ser Comments: The contract value of $46,162.00 was funded in FY2017-18. The amendment cost is funded in FY2018-19. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement No. 1820 for Unified Development Code Updating Services Amendment No. 1 SERVICE AGREEMENT NO. 1820 Unified Development Code Updating Services THIS Unified Development Code Updating Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Kendig Keast Collaborative ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Unified Development Code Updating Services in response to Request for Bid/Proposal No. 1820 ("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 Unified Development Code Updating Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for twelve 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 $46,162.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Nina Nixon -Mendez Department: Development Services Phone: 361-826-3276 Email: NinaM@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 a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Nina Nixon -Mendez Title: Director of Development Services Address: 2406 Leopard Street, Corpus Christi, Texas 78408 Phone: 361-826-3276 Fax: 361-826-3006 IF TO CONTRACTOR: Kendig Keast Collaborative Attn: Bret Keast Title: CEO Address: 1415 Highway 6 South, Suite D-100, Sugar Land, Texas 77478 Phone: 281-242-2960 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 4 of 7 Approved as to Legal Form 12/15/17 INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 CONTRACTOR Signature: Printed Name: gf2rA ) ' Title: C E -C-> Date: ?)17 CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division Date: 1S 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. 1820 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. Background A. The City of Corpus Christi's Unified Development Code (UDC) was adopted in 2011 and has been amended periodically. The UDC was developed by a consultant, though subsequent language changes were provided by several community groups. Multiple authors and consolidations of prior ordinances resulted in redundancies, lack of consistency, and varying language styles. B. The City is implementing Encode, a software platform, which will provide online access, tables, and calculators for quantitative zoning requirements. This platform will create an improved presentation format for internal and external users. 1.2. Scope of Work A. Contractor shall review and evaluate the Unified Development Code and develop a framework for updating and simplifying the UDC by performing the following tasks: 1. Contractor shall recommend revisions to the current UDC language with content that is easily read, understandable, and interpretable. 2. Contractor shall review the zoning provisions to consider possible reorganization and consolidation of multiple tables. 3. Contractor shall assess overlay district sections to determine if use patterns by right can be applied in the base zoning without the necessity of the overlay district. 4. Contractor shall recommend edits to the sections pertaining to the Trust Fund to remove redundant language and provide a clear, concise chapter. Staff will provide Contractor recommendations for these sections. 5. Contractor shall address development processes or best management practices that are not currently included in the UDC. Development processes and best management practices may consist of, but are not limited to, the following: incentive zoning, density bonuses, development patterns supporting affordable housing, and low impact development. 6. Contractor shall conduct regularly scheduled phone conferences with staff. Page 1 of 2 7. Contractor shall provide monthly written reports of work performed. 1.3. Deliverables and Payment A. Contractor shall provide the Evaluation Report as follows: 1. The Evaluation Report will include recommendations on overall language and content revisions, the sections which require specific revision, recommended definitions to be added, recommended edits, and language amendments. 2. The Evaluation Report will provide a well-defined process for next steps in a multi -phased program to amend the UDC. 3. The Evaluation Report will be submitted to City Staff for review. 4. The Evaluation Report will be presented to the Planning Commission and City Council in two separate meetings. 5. The final Evaluation Report will address all comments from City Staff, Planning Commission, and City Council, evaluating and detailing the necessary edits with accompanying section references. 1.4. Schedule A. Anticipated timeline will be as follows: September 2018 Award of Contract September 2018 - January 2019 Project Evaluation March 2019 Staff Review April - May 2019 Presentations to Planning Commission and City Council June 2019 Final Evaluation Report Due 1.5. Work Site and Conditions A. Work will be conducted off-site with regularly scheduled phone conferences and monthly written reports of work performed. On-site meetings will include two presentations: one to Planning Commission and one to City Council. 1.6. Special Instructions A. The UDC can be viewed at: http://www.cctexas.com/services/construction- and-property-services/starting-building-project/zoning/udc Page 2 of 2 ATTACHMENT B: PRICING SCHEDULE CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP No. 1820 RFP Unified Development Code Updating Services PACE 1 OF 1 DATE: g )2.43/18 Kendig Keost Coliabarative PROPOSER AUT It ZED SI NATURE (1_, 1, Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal 2. Provide your best price for each Item. 3. In submitting this proposal, Proposer certifies that a. the prices in this proposal hove been arrived al independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; d. Proposer is an Equal Opportunity Employer: and the Disclosure of Interest information on tile with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c, Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION QTY UNIT TOTAL PRICE 1.0 Unified Development Code Updating Services; 1 Lump sum 4 tie Page 1 of 1 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract 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. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non -renewal, material change or termination required on all certificates and policies. PROFESSIONAL LIABILITY $1,000,000.00 Each Claim $1,000,000.00 Each Policy Year Aggregate C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage (if applicable) 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. Page 1 of 3 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: • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Provide 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 Page 2 of 3 the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Consulting Services for Updating COCC Unified Development Code 07/25/2018 sw Risk Management BOND REQUIREMENTS: No bond requirements necessary for this service agreement; Section 5. (B) is null for this service agreement. Page 3 of 3 ATTACHMENT D: WARRANTY Section 8. Warranty of this service agreement is null; warranty is not required. Page 1 of 1 Amendment City of Corpus Christi Purchasing Department Date: October 22, 2018 Service Agreement No.: Unified development Code Updating Services Reference: SA 1820 Service Agreement Current Value: $46,162 Amendment No. 1 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Kendig Keast Collaborative, Sugarland, Texas hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Service Agreement No. 1820 and all other duly executed Amendments, constitutes the entire agreement under the above -referenced Service Agreement between the City and the Contractor. This Amendment modifies Section 4. Compensation and Payment under the above - referenced service agreement, effective through the end date of the above -referenced service agreement as follows: Increases the contract by $7,250 for additional services added to Attachment's A and B, therefore the revised value of this Service Agreement is $53,412. This Amendment modifies Attachment A: Scope of Work, Section 1.2 under the above - referenced service agreement to include items 8 and 9, effective through the end date of the above -referenced service agreement as follows: 8. Contractor shall provide a total of seven stakeholder roundtables to offer external perspectives. All dates and times shall be approved by the Contract Administrator. 9. Contractor shall conduct a total of two Open -Door Meetings for any person interested in attending to understand the nature of the project, its timeline, and outcomes. All dates and times shall be approved by the Contract Administrator. This Amendment modifies Attachment B: Bid/Pricing Schedule under the above -referenced service agreement, effective through the end date of the above -referenced service agreement as follows: Item Description Qty Unit Total Price 1 Unified Development Code Updating Services 1 Lump Sum $46,162.00 2 Addition of Stakeholder Roundtables 1 Lump Sum $2,075.00 Page 1 of 2 3 Addition of Open Door Meetings, two -person trip, including preparation, travel time, plus the direct costs. 1 Lump Sum $5,175.00 Total $53,412.00 The Contractor and the City agree to and shall abide by all terms and conditions of the original Service Agreement and any Amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. 2.0‘C) Z3 Bret Keast Date Kim Baker Date Kendig Keast Collaborative Asst. Director of Financial Services City of Corpus Christi, Texas Page 2 of 2 A CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) 1, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: November 27, 2018 Legistar Number: 18-1368 Agenda Item: Motion authorizing an amendment to Service Agreement No. 1820 Unified Development Code Updating Services with Kendig Keast Collaborative of Sugar Land, Texas in the amount of $7,250.00 for a revised total contract price of $53,412.00. Amount Required: $7,250.00 Fund Name Accounting Unit Account No. Activity No. Amount Development Ser 4670-11300-281 530000 $7,250.00 Total $7,250.00 ❑ Certification Not Required Director of Financial Services Date: Run: 11/02/2018 at 9:55 AM Org Description 11200 Special Services 11300 Business Support Svcs 11305 Process Management Division 12201 Inspections Operations 60010 Transfer to General Fund 60420 Transfer to Maint Services Fd 80000 Reserve Appropriation TOTAL ORG CITY OF CORPUS CHRISTI, TEXAS SUMMARY OF APPROPRIATIONS AND EXPENDITURES FOR THE 12 MONTHS ENDED September 30, 2019 Original Budget 976,693.97 1,815,866.86 1,018,892.18 2,849,742.73 357,422.00 50,000.00 225,039.00 FUND: 4670 - Development Ser Amended Budget 1,098,694.46 2,278,810.59 1,037,789.93 2,965,115.24 357,422.00 50,000.00 225,039.00 Encumbrances/ Unencumbered Expenditures Commitments Balance 52,806.69 119,504.96 926,382.81 203,231.01 416,381.79 1,659,197.79 64,109.26 20,911.18 952,769.49 225,150.67 104,887.29 2,635,077.28 59,572.00 0.00 297,850.00 0.00 0.00 50,000.00 0.00 0.00 225,039.00 7,293,656.74 8,012,871.22 604,869.63 661,685.22 6,746,316.37 AGENDA MEMORANDUM Future Item for the Council Meeting of November 13, 2018 Action Item for the Council Meeting of November 27, 2018 DATE: November 13, 2018 TO: Keith Selman, Interim City Manager FROM: Becky Perrin, Interim Director, Parks and Recreation Department BeckyP@cctexas.com 361-826-3464 Dan Grimsbo, Executive Director of Utilities DanG(a�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2cctexas.com (361) 826-3169 Amendment to Service Agreement No. 596 Real Estate Brokerage Service for Surplus Properties CAPTION: Motion to authorize extension and amendment of agreement No. 596 for real estate broker services with The Clower Company at a commission rate of 4.5 percent for an estimated amount of $44,375.00, for a total estimated revised amount of $221,877.50. PURPOSE: The amendment will allow the City to continue real estate broker services for sale of unsold park properties and amend to add 3 additional City lots: 7101 Edgebrook Drive; 5205 Edinburg Circle; and 6099 Ennis Joslin. This agenda item will allow a 25% contract value increase. BACKGROUND AND FINDINGS: The Texas Local Government Code provides for sale of property through a real estate broker. The City is authorized to list property with a broker and City may sell the property to the buyer who submits the highest cash offer. If a contract is made with a broker to list the tract of real property for sale for at least 30 days with a multiple -listing service, the governing body on or after the 30th day after the date the property is listed may sell the tract of real property to the buyer who submits the highest cash offer. Offers are presented to City Council for approval by ordinance. On December 15, 2015, City Council authorized a Real Estate Brokerage Service Agreement with The Clower Company regarding sale of park properties at commission rate of 4.5%. The Parks Department is requesting extension of the agreement regarding the remaining unsold park properties including: Cabra at 1323 W. Broadway; San Carlos at 12650 Figueroa Street; and Penn Place at 4302 Aaron. In addition, the City has received inquiries from interested buyers regarding 3 lots (7101 Edgebrook Drive, 5205 Edinburg Circle and 6099 Ennis Joslin). It is requested that these lots be added to the list of properties to be sold under the Real Estate Broker Services Agreement. ALTERNATIVES: Utilize other methods for sale such as by sealed bid (previously authorized by Ordinance 030570 for the Edgebrook and Edinburg Circle lots) or by public auction. OTHER CONSIDERATIONS: Not Applicable CONFORMITY TO CITY POLICY: This conforms to the City's purchasing policies and procedures and State statues regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Parks and Recreation Water Utilities FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $0.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $0.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 Fund(s): N/A Comments: The broker fee will be deducted from the sales proceeds. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement for Real Estate Brokerage Service Agreement No. 596 Agreement to Extend and Amend Service Agreement 1 AGREEMENT TO EXTEND AND AMEND REAL ESTATE BROKERAGE SERVICE AGREEMENT Whereas, on December 15, 2015, the City of Corpus Christi ("the City") and The Clower Company ("Contractor") entered into a Real Estate Brokerage Service for sale of 14 surplus park properties at commission rate of 4.5% (the "Service Agreement"); Whereas, continued services under the Service Agreement are necessary regarding remaining unsold park properties including Cabra Park property at 1323 W. Broadway; San Carlos Park property at 126650 Figueroa; and Penn Place Park property at 4302 Aaron; Whereas, the City has received interest regarding 3 additional lots and the City desires to utilize real estate broker services for sale of these additional lots in accordance with Texas Local Government Code Section 253.014; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. The term of the Service Agreement is reinstated and extended for six additional months, with option to extend for one additional six-month term subject to the approval of the Contractor and the City Manager. 2. Section 1 "Services" of the Service Agreement is amended to include the following properties: 7101 Edgebrook Drive; 5205 Edinburg Circle; and 6099 Ennis Joslin. 3. This Agreement to extend and amend the Service Agreement takes effect upon signature by the City Manager after City Council approval. 4. Contractor agrees to comply with Texas Government Code Section 2252.908 and complete and submit Form 1295 Certificate of Interested Parties. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office as required. The signatory executing this Agreement on behalf of Contractor verifies that the Contractor does not boycott Israel and will not boycott Israel during the term of this Agreement. 5. All other terms and conditions of the Service Agreement remain in effect except as modified by this Agreement. AGREED TO BY: THE CLOWER COMPANY By: Name: <.7c ZC/rwe, Title: v/Cc /"-el/A'r# / Date: /G//B CITY OF CORPUS CHRISTI By: Samuel Keith Selman Interim City Manager Date: Attest: By: Rebecca Huerta City Secretary APPROVED AS TO FORM: This day of , 2018. By: Lisa Aguilar, Assistant City Attorney For the City Attorney 2 Real Estate Brokerage Service Agreement Service Agreement No. 5-7 �P THIS Real Estate Brokerage Service Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and ("Contractor"), effective for all purposes upon execution by the City Manager. The Cl ower Company WHEREAS Contractor has proposed to provide Real Estate Brokerage Service in response to Event No. 64; WHEREAS the City has determined Contractor to be the most advantageous proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor shall provide Real Estate Brokerage Service in accordance with Event No. 64 ("Services"), which request for proposal and related specifications, if any, are attached to this Agreement and incorporated by reference into this Agreement as Exhibit "A". Contractor's proposal to provide the services is attached to this Agreement and incorporated by reference into this Agreement as Exhibit "B". 2. Term. This Agreement is for a term of six (6) months, commencing on the date signed by the City Manager and continuing for six (6) months thereafter. The term includes an option to extend for up to three (3) additional six-month periods subject to the approval of the Contractor and the City Manager. 3. 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. All of the Contractor's notices and communications regarding this Agreement must be directed to the Contract Administrator, who serves as the Parks and Recreation Department Contract Administrator, unless indicated otherwise in this Agreement. 4. Independent Contractor. Contractor shall perform the Services hereunder as an independent contractor and furnish such Services in its own manner and method, and under no circumstances will any employee, agent, or representative of the Contractor be considered an employee of the City. 5. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Parks and Recreation Department Contract Administrator and the City's Risk Manager will be given at least thirty (30) days' notice of cancellation, material change in the coverages, 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 15 days of the City Manager's written request to Contractor. 6. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not 22 2015-463 12/15/15 M2015-135 The Clower Company INDEXED represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 8. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate district or county court in and for Nueces County, Texas. 10. Subcontractors. The 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 Parks and Recreation Department Contract Administrator. 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 are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 12. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. 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 stated m the notice, the City Manager may terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement without cause upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty-four (24) hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. 13. Taxes. The Contractor covenants to pay all applicable federal and state payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and alt other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended. Upon request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. 14. Drug Policy. The Contractor must adopt and enforce a "Drug Free Workplace" policy. 15. Violence Policy. The Contractor must adopt and enforce a "Violence in the Workplace" policy. 16. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand -delivered or faxed, with proof of accepted transmission, and on the third day after deposit in the U.S. mail if sent certified mail. Notice must be sent as follows: 23 IF TO CITY: City of Corpus Christi Attention: Development Services Department Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 1201 Leopard St. Corpus Christi, Texas 78401 Fax # (361) 826-4464 IF TO CONTRACTOR: Contractor Name: The Cl ower Company Contact Person: George B. Clower Mailing Address: P.O. Box 2525 City, State, ZIP: Corpus Christi , Texas 78403 Physical Address: 415 Starr St . City, State, ZIP: Corpus Christi , Texas 78401 Fax #: 361 .880.4118 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Real Estate Brokerage Service Agreement upon expiration of the original contract term or any extension period, the Contractor shall continue to provide goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month-to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 18. Severability. Each provision of this Agreement is severable and if, for any reason, any provision or any part thereof is determined to be invalid and contrary to any applicable law, such invalidity shall not impair the operation of or 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 thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITII THE FAULT OF ANY OTHER PERSON OR ENTITY. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR 24 SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. CITY OF CORPUS CHRISTI Signature:rv�:�. Printed Name: or ,r • t too — Title: Pe°CUIf ri .-k / • v- REBECCA HUERTA CITY SECRETARY Contractor: The Cl ower Signature: Printed Name: eTorge B. Cl ower Title: ice President Date: Nov. 16th, 2015 Date: ID -P-'/ 3— Incorporated by Reference: Exhibit A: Request for Proposal Event No. 64 (Available upon request) Exhibit B: Contractor's Proposal (Available upon request) PPRVAIO M b tom: (�ji,;f' Lisa 9u' Acristt.nt Ci ttomeY For City Attorney k2c-3- LAU►ri r,.. ff COUNCIL... I v...+. I SECRETARY CITY OF CORPUS CHRISTI PURCHASING DIVISION REQUEST FOR PROPOSAL ("RFP") Real Estate Brokerage Services Property Sale Event # 64 Release Date: July 18, 2015 Submission Due: August 14, 2015 Table of Contents Section 1 Notice of Request for Proposal 1.1 Request for Proposal 1.2 Submission of Proposal 1.3 Schedule Section 2 Conditions Governing the Procurement 2.1 RFP Notice Requirement 2.2 RFP Procedural and Content Questions 2.3 Basis for Proposal 2.4 Submission of Proposals 2.5 Proposal Terms and Conditions 2.6 Disclosure of Proposal Contents 2.7 Late Proposals 2.8 Signing of Proposals 2.9 Cost of Proposal 2.10 Disclosure of Interest 2.11 Ownership of Proposals 2.12 Disqualification or Rejection of Proposals 2.13 Rejection of Proposals 2.14 Right to Waive Irregularities 2.15 Withdrawal of Proposals 2.16 Amending of Proposals 2.17 Proposal Offer Firm 2.18 Proposer's Qualifications 2.19 Exceptions to RFP Specifications 2.20 Consideration of Proposals 2.21 Termination of RFP 2.22 Service Agreement 2.23 Precedence of Contract Documents 2.24 Governing Law 2.25 No Obligation 2.26 Contract Deviations 2.27 Sufficient Appropriation 2.28 Recommendation for Award 2.29 Award of Contract 2.30 Execution of Contract 2.31 Disputes 2.32 Change in Proposer's Representative 2.33 Term 2.34 Change Requests 2.35 Termination of Contract 2.36 Indemnification 2.37 Insurance Requirements 2.38 Right to Publish 2.39 Proposer's Ethical Behavior ii 2.40 Quantities 2.41 Use of Subcontractors Section 3 Scope of Work 3.1 General Information 3.2 Statement of Work 3.3 RFP Solicitation Support Materials 3.4 Proposal Requirements Section 4 Proposal Format and Organization 4.1 General Instructions 4.2 Proposal Format 4.3 Transmittal Letter 4.4 Service Agreement Section 5 Proposal Evaluation 5.1 Evaluation Committee 5.2 Evaluation Criteria Attachments Texas Association of Realtors - Commercial Real Estate Listing Agreement - Exclusive Right to Sell Form Real Estate Brokerage Services — Fee Schedule iii Section 1 Notice of Request for Proposal 1.1 Request for Proposal A. The City of Corpus Christi ("City") hereby issues this request for proposal ("RFP"). The City is seeking proposals from qualified Proposers for a Real Estate Brokerage Service for the sale of real property owned by the City of Corpus Christi, Texas. The City intends to enter into a contract (also referred to herein as "Contract" or "Agreement") resulting here from that commences on the date signed by the last signatory and shall continue for six (6) months and includes three (3) six-month extension options, subject to the approval of the Contractor and the City Manager or designee ("City Manager") B. The City hereby designates Lucille Gutierrez as the Procurement Officer with overall responsibility for procurement and administration of this service. Ms. Gutierrez's information is as follows: Lucille Gutierrez, CTPM Buyer City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: (361) 826-3176 Fax: (361) 826-3174 lucilleg@cctexas.com C. All inquiries or requests regarding this RFP must be submitted to the Procurement Officer indicated above, or his designee as specified in writing, in writing and online, via the City's Supplier Portal (http://www.cctexas.com/business/supplierportal) using the electronic question submission feature specific to this RFP. Such inquiries or requests must be submitted by the due date and time provided in Section 1.3 of this RFP. Other employees do not have the authority to respond for the City in writing and any attempt to question other employees regarding this RFP may result in the City disqualifying that Proposer. Only written responses from the Procurement Officer or his designee will be binding with regard to inquiries requesting clarification or additional information. The Procurement Officer's written responses will be released simultaneously to all prospective Proposers. D. The date and time the Proposer electronically submits its proposal via the City's Supplier Portal shall be electronically recorded by the Supplier Portal and shall be the official "time stamp" for the purpose of this RFP. The time maintained by the Supplier Portal shall be the official time for the purpose of the DUE DATE FOR PROPOSALS provided in Section 1.3 of this RFP. 1.2 Submission of Proposal A. PROPOSER SHALL SUBMIT ITS PROPOSAL ELECTRONICALLY, AS INSTRUCTED HEREIN, VIA THE CITY'S SUPPLIER PORTAL. All proposals must be complete and accurate and in the City -approved format specified herein. B. The City's Charter and the City's Electronic Procurement Policy require that all proposals submitted be sealed, secret, unopened and time -locked through the DUE DATE FOR PROPOSALS specified in this RFP. Therefore, proposals submitted directly to the City by facsimile machine, e-mail or hard copy will be considered non-responsive and will be eliminated from consideration. 4 1.3 Schedule C. Proposals will be received, electronically, before the date and time specified in Section 1.3 of this RFP. Without exception, proposals received on or after this deadline are late, shall be deemed non- responsive and shall not be considered. D. Proposers shall comply with the additional detailed instructions regarding submission of proposals found in Section 4 of this RFP. The following is the schedule for this procurement: Date Activity July 18, 2015 Request for Proposal issued July 30, 2015 Written questions are due, via the question feature in the City's Supplier Portal before 5:00 p.m. CT August 14, 2015 DUE DATE FOR PROPOSALS: Proposals due before 5:00 p.m. CT September 8, 2015 Projected Date Award of Contract will appear as "Future" Item on City Council Agenda, if applicable.* September 15, 2015 Projected Date Award of Contract will appear as "Consent" Item on City Council Agenda, if applicable.* September 15, 2015 Projected Alternate Date Award of Contract will appear as "Future" Item on City Council Agenda, if applicable.* September 22, 2015 Projected Alternate Date Award of Contract will appear as "Consent" Item on City Council Agenda, if applicable.* 5 Section 2 Conditions Governing the Procurement 2.1 RFP Notice Requirement Notice of the RFP will be published in the Corpus Christi Caller Times once a week for two consecutive weeks. The date of the first publication will be at least fourteen (14) days prior to the proposal due date. 2.2 RFP Procedural and Content Questions A. Any Proposer requiring further clarification of the RFP procedures should submit specific questions to the Procurement Officer as described in Section 1.1, C of this RFP. B. During a review of this RFP and preparation of the proposal, certain errors, omissions or ambiguities may be discovered. If so, or if there are doubts or concerns about the meaning of any part of this RFP, questions should be submitted to the Procurement Officer as described in Section 1.1, C of this RFP. 2.3 Basis for Proposal Only the infonnation contained in this RFP, questions and answers, addenda hereto and information supplied by the City in writing through the Procurement Officer should be used in the preparation of the Proposer's proposal(s). 2.4 Submission of Proposals A formal opening of the proposals shall not take place. 2.5 Proposal Terms and Conditions With its proposal, the Proposer must submit a complete set of any additional terms and conditions proposed for inclusion in the final Agreement. 2.6 Disclosure of Proposal Contents Proposals will be opened in a manner that avoids disclosure of the contents to competing Proposers and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract(s) are awarded; however, trade secrets and confidential information in the proposals are not open for public inspection. It is specifically provided, however, that each Proposer must identify any information contained in its proposal which it asserts is either a trade secret or confidential information. Such material must be conspicuously identified by marking each page containing such information as "confidential" or "proprietary". If such material is not conspicuously identified, then by submitting its proposal, a Proposer agrees that such material is considered public information. 2.7 Late Proposals Without exception, proposals must be submitted before the DUE DATE FOR PROPOSALS. Proposals received on or after the time and date specified in Section 1.3 are late and shall not be considered. 2.8 Signing of Proposals By submitting and signing a proposal, the Proposer indicates its intention to adhere to the provisions described in this RFP. Proposals signed for a partnership shall be signed in the Proposer's name by at least one general partner or in the Proposer's name by an attorney-in-fact. If signed by an attorney-in- fact, there should be attached to the proposal a Power -of -Attorney evidencing authority to sign proposals, dated the same date as the proposal, and executed in accordance with the legal requirements of the Proposer. Proposals signed for a corporation shall have the correct corporate name thereon and 6 shall bear the president's or vice president's original signature with the name and title written below the corporate name. Any other signature must be accompanied by a resolution of the board of directors authorizing such signature to contract in the corporation's name. The title of the office held by the person signing for the corporation shall appear below the signature of the officer. 2.9 Cost of Proposal This RFP does not commit the City to pay any costs incurred by a Proposer for preparation and submission of a proposal or for procuring or contracting for the items to be furnished under this RFP. All costs directly or indirectly related to preparing and responding to this RFP, including all costs incurred for supplementary documentation, shall be borne solely by the Proposer. 2.10 Disclosure of Interest The City of Corpus Christi's Code of Ordinances, Section 2-349, as amended, requires all persons and Proposers seeking to do business with the City to provide the Disclosure of Interest information on the City -supplied form included herewith. Every question must be answered. If the question is not applicable, answer with N/A. Proposers are obligated to provide updated information concerning the Disclosure of Interest, as warranted, for the duration of time the proposals are under consideration. 2.11 Ownership of Proposals All documents submitted in response to this RFP shall become the property of the City. 2.12 Disqualification or Rejection of Proposals Proposers may be disqualified for any of the following reasons: 1. There is reason to believe that collusion exists among the Proposers; 2. The Proposer is involved in any litigation against the City; 3. The Proposer is in arrears on an existing contract or has defaulted on previous contracts with the City; 4. The Proposer lacks financial stability; 5. The Proposer has failed to perform under previous or present contracts with the City; 6. The Proposer has failed to use the City's approved forms; 7. The Proposer has failed to adhere to one or more of the provisions established in this RFP; 8. The Proposer has failed to submit its Proposal in the format specified herein; 9. The Proposer has failed to submit its Proposal before the deadline established herein; 10. The Proposer has failed to adhere to generally accepted ethical and professional principles during the proposal process; or, 11. The Proposer has failed to provide a detailed cost summary in the proposal. 2.13 Rejection of Proposals Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled-for alternate proposals, incomplete proposals, erasures or irregularities of any kind. Proposals tendered or delivered after the official time designated for receipt of proposals shall be deemed non-responsive and shall not be considered. Proposals will not be accepted from the Brokerage Firm who performed the appraisals of the City's parks. 2.14 Right to Waive Irregularities Proposals shall be considered "irregular" if they show any admissions, alterations of form, additions or conditions not called for, unauthorized alternate proposals or irregularities of any kind. The Procurement Officer reserves the right to waive minor irregularities and mandatory requirements, provided that all responsive proposals failed to meet the same mandatory requirements and the failure to do so does not 7 otherwise materially affect the procurement. This right shall be exercised at the sole discretion of the Procurement Officer. 2.15 Withdrawal of Proposals Proposals may be withdrawn through the City's Supplier Portal prior to the exact hour and DUE DATE FOR PROPOSALS. 2.16 Amending of Proposals A Proposer may amend a proposal through the City's Supplier Portal prior to the exact hour and DUE DATE FOR PROPOSALS. 2.17 Proposal Offer Firm By submission of its proposal, the Proposer affirms that its proposal is firm for one hundred eighty (180) days after the DUE DATE FOR PROPOSALS. 2.18 Proposer's Qualifications The City may make such investigations as necessary to determine the ability of the Proposer to adhere to the requirements specified herein. The Procurement Officer will reject the proposal of any Proposer who is not a responsible Proposer. 2.19 Exceptions to RFP Specifications Although the specifications in the following sections represent the City's anticipated needs, there may be instances in which it is in the City's best interest to permit exceptions to specifications and evaluate alternatives. It is vital that the Proposer make very clear where exceptions are taken to the specifications and how the Proposer will provide alternatives. Therefore, exceptions, conditions or qualifications to the provisions of the City's specifications must be clearly identified as such, together with reasons for taking exception and inserted in the proposal at that point. If the Proposer does not make clear that an exception is being taken, the City will assume the Proposer is, in its proposal, responding to and will meet the specifications and requirements of this RFP. 2.20 Consideration of Proposals Discussions may be conducted with responsible Proposers qualified to be selected for award for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. In discussions, there shall not be disclosure of any information derived from proposals submitted by competing Proposers. Until award of the Contract is made by the City, the City reserves the right to reject any or all proposals, to waive technicalities, to re -advertise for new proposals or to proceed with the work in any manner as may be considered in the best interest of the City. Should the City require clarification from the Proposer, the City shall contact the individual named as the organization's contact person in the City's Supplier Portal. Evaluation of the proposal is the first step in a series of evaluation steps that will be conducted by the Committee. The City may elect to conduct post -submission reference checks, Proposer interviews or best and final offers with any Proposers that are not eliminated based on their proposal. 2.21 Termination of RFP The City reserves the right to cancel this RFP at any time. The City reserves the right to reject any or all proposals submitted in response to this RFP. 8 2.22 Service Agreement The fully executed Contract, as amended; the RFP, as clarified via questions and answers and addenda; and the proposal, as may be clarified in writing, constitute the agreement, in its entirety, between the City and the Contractor. Any other terms and conditions shall be null and void. 2.23 Precedence of Contract Documents In case of a conflict in the contract documents, first precedence shall be given to the fully executed Contract, as amended; second precedence will be given to the RFP, including questions, answers and addenda; and third precedence will be given to the proposal, including as may be clarified in writing. 2.24 Governing Law The laws of the State of Texas will govern the Contract. The contract shall be executed and venue shall lie in Nueces County, Texas. 2.25 No Obligation In no manner does this RFP obligate the City or any of its agencies to the eventual services offered until confirmed by an executed written Contract. 2.26 Contract Deviations Any additional terms or conditions, which may be the subject of negotiation, will be discussed only between the City and qualified Proposers. 2.27 Sufficient Appropriation Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the Contractor. The City's decision as to whether sufficient appropriations and authorizations are available shall be accepted by the Proposer as final. 2.28 Recommendation for Award City staff will recommend to the City Manager that award be made to the Proposer(s) whose proposal is determined by the City to be the most advantageous ("Best Value") to the City. 2.29 Award of Contract The City reserves the right to withhold final action on proposals for a reasonable time not to exceed one hundred eighty (180) days subsequent to the deadline for receipt of proposals. The award of a Contract(s), if an award is made, will be to the most responsible and responsive Proposer(s) that gives the City the "Best Value" and whose proposal meets the requirements and criteria set forth in this RFP. 2.30 Execution of Contract The City Manager shall authorize award of the Contract to the successful Proposer(s) and shall designate the successful Proposer(s) ("Contractor") as the City's Provider(s). The City will require the Contractor(s) to sign the documents necessary to enter into the required Contract with the City and to provide the necessary evidence of insurance as required in the Contract documents. No Contract for this project may be signed by the City without the authorization of the City Manager and no Contract shall be binding on the City unless and until it has been approved as to form by the City Attorney's Office and executed by the City Manager. 2.31 Disputes In the case of any doubt or difference of opinion with regard to the items to be furnished by a Proposer or the interpretation of the provisions of this RFP, the decisions of the City shall be final and binding upon all parties. 9 2.32 Change in Proposer's Representative The City reserves the right to require a change in Proposer's representatives if the assigned representatives are not, in the sole opinion of the City, adequately meeting the needs of the City. 2.33 Term The contract resulting herefrom will commence on the date signed by the last signatory and continue for six -months and includes three (3) six-month extension options, subject to the approval of the Contractor and the City Manager. By submission of its proposal, the Proposer agrees that the pricing quoted in its proposal is fixed and firm for the duration of the contract. 2.34 Change Requests Contract changes may only be made by an amendment to the Contract and executed in writing by the City and the Contractor and approved by the City Manager. 2.35 Termination of Contract A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. 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 stated in the notice, the City Manager may terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement without cause upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty-four (24) hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. 2.36 Indemnification CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. 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 REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF 10 ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. 2.37 Insurance Requirements I.PROPOSER'S LIABILITY INSURANCE 1. Successful Proposer shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Proposer must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Proposer shall furnish to the Risk Manager and Director of Development Services, two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. NOTES: Endorsements must be provided with certificate of insurance. Name of project and project number if applicable shall be listed in Description Box of Certificate of Insurance. 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 PROPOSERs 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $250,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 / $500,000 / $500,000 PROFESSIONAL LIABILITY $1,000,000 Per Claim or Occurrence 3. In the event of accidents of any kind related to this project, Proposer shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. 11 II. ADDITIONAL REQUIREMENTS 1. Proposer must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. 2. Proposer shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Proposer'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. Proposer shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Proposer shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Proposer agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or reductions in coverages or limits, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. City shall have the option to suspend Proposer'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 Proposer'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 Proposer to stop work hereunder, and/or withhold any payment(s) which become due to Proposer hereunder until Proposer demonstrates compliance with the requirements hereof. 12 7. Nothing herein contained shall be construed as limiting in any way the extent to which Proposer may be held responsible for payments of damages to persons or property resulting from Proposer's or its subcontractor's performance of the work covered under this agreement. 8. It is agreed that Proposer'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 and completed operations and activities under this agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2.38 Right to Publish Throughout the duration of the procurement process and resulting Contract term, Proposer must secure from the City written approval prior to the release of any information that pertains to the potential work or activities covered by the RFP or the resulting Contract. Failure to adhere to this requirement may result in disqualification of the Proposer's proposal or termination of the Contract. 2.39 Proposer's Ethical Behavior By submission of its proposal, the Proposer promises that Proposer's officers, employees, or agents will not attempt to lobby or influence a vote or recommendation related to the Proposer's proposal submitted in response to this RFP, directly or indirectly, through any contact with City Council members or other City officials between the date this RFP is released to the public and the date a contract is awarded by the City Manager. Such behavior will be cause for rejection of the Proposer's proposal at the discretion of the City Manager or his designee. 2.40 Quantities Quantities described herein are estimates and do not obligate the City to order or accept more than the City's actual requirements during the term of any contract, nor do the estimates limit the City to ordering less than its actual needs during the term of any contract, subject to availability of appropriated funds. The City reserves the right to add additional property or remove properties with the original terms and conditions throughout the term of the contract. 2.41 Use of Subcontractors The Proposer may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Proposer must obtain prior written approval from the Contract Administrator. In using subcontractors, the Proposer is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Proposer. All requirements set forth as part of the Contract are applicable to all subcontractors and their employees to the same extent as if the Proposer and its employees had performed the services. 13 Section 3 Scope of Work 3.1 General Information The City of Corpus Christi (City) is the county seat for Nueces County. Nueces County is considered a Tier One (1) location on the Gulf Coast. The City of Corpus Christi is seeking proposals from real estate brokerage/firms to sell real property located within the corporate city limits of Corpus Christi, Texas. It is the intent of this Request for Proposal (RFP) to have the successful broker(s) or firm(s), enter into a Professional Services Contract with the City of Corpus Christi to supply real estate brokerage services as outlined herein. 3.2 Statement of Work The following properties are owned by the City of Corpus Christi and are available for sale. For detailed information on each property, please review appendix A. Groups and Property Address Acre(s) Group One San Carlos Park, 12650 Figueroa, Violet Park, 4301 Violet Willow Park, 11418 Willowood 2.00 1.55 0.93 Group Two Cabra Park, 1323 W. Broadway 1.36 Fountain Park, 4938 Moody 1.62 Parklane Park, 4600 Arlene 1.95 Group Three Acushnet Park, 6746 Aaron 9.96 Congress Park, 4017 Capitol 1.96 Creekway Park, 7306 Prairie 0.89 Penn Place 4302 Aaron 1.67 Group Four Durant Park, 6113 Durant 2.70 Peary Park, 1750 Paul Jones 1.00 Ridgewood Park, 5730 Malden 5.04 Group Five Mt. Vernon Park, 5151 McArdle 7.25 The successful firm shall agree to contract with the City of Corpus Christi to provide the following: 1. Develop strategies for sale of designated City -owned properties (including but not limited to conducting a study of comparable properties). 2. Develop marketing materials to advertise sites for sale, distribute materials to potential buyers via the appropriate forms of media and report the results to the City on an agreed upon frequency. 14 3. Advise the City related to strategies to promote and sell the designated sites. Public presentations may be required. 4. Participate in site tours of City -owned property listed for sale. 5. Analyze and present offers from potential buyers and advise the City with respect to negotiations. 6. Represent the City in negotiations with a prospective buyer from the time of offer through closing. 7. Coordinate real estate transaction closing. 8. Handle all other customary activities and services associated with real estate transactions. The inventory of City owned property being considered for sale divided into five groups, are located throughout the community and are primarily located in residential or commercial areas. You are not required to make a proposal for all five groups. 3.2 MINIMUM REQUIREMENTS 1. Please note that response to this RFP are sought only from experienced brokers who can demonstrate their ability to perform and who have personnel with a proven track record of success in providing commercial real estate brokerage services. They must also be in good standing with the Texas Real Estate Commission. A proposal must demonstrate that the broker meets the following minimum qualifications to be eligible for consideration for this project: The firm, organization or company must have a minimum of one real estate broker licensed in the State of Texas. Other key real estate professionals, assigned to the contract, must be real estate agents licensed in the State of Texas. 2. The firm must have an office that has been continuously operated for the last five (5) years within Nueces County. 3. The lead broker assigned to the contract and responsible for the coordination and execution of work must have a minimum of five years of experience and a proven track record in providing commercial real estate brokerage transaction services involving large scale commercial properties for its clients. 4. Each real estate professional assigned to this contract must have a minimum of three (3) years of experience in his or her areas of expertise. All other assigned professionals must have a minimum of two (2) years of experience in their areas of expertise. 5. The City reserves the right to reject any and all offers provided by the selected brokerage/firm. 6. Sale of the real property under brokerage agreement must comply with the following section of the Texas Local Government Code: Sec. 253.014. BROKER AGREEMENTS AND FEES FOR SALE OF REAL PROPERTY BY HOME -RULE MUNICIPALITY. (a) In this section, "broker" means a person licensed as a broker under Chapter 1101, Occupations Code. (b) The governing body of a home -rule municipality may contract with a broker to sell a tract of real property that is owned by the municipality. (c) The governing body may pay a fee if a broker produces a ready, willing, and able buyer to purchase a tract of real property. (d) If a contract is made under Subsection (b) with a broker to list the tract of real property for sale for at least 30 days with a multiple -listing service, the governing body on or after the 30th day after the date the property is listed may sell the tract of real property to a ready, willing, and able buyer who is produced by any broker using the multiple -listing service and who submits the highest cash offer. (e) The governing body may sell a tract of real property under this section without complying with the public auction requirements prescribed by Section 253.008 or other law or the notice and bidding requirements prescribed by Section 272.001 or other law. Added by Acts 2013, 83rd Leg., R.S., Ch. 462 (S.B. 985), Sec. 1, eff. June 14, 2013. 15 3.3 RFP Solicitation Support Materials To facilitate consultant due diligence and response preparation, the following supplemental information is provided as part of the RFP solicitation package: Attachments Texas Association of Realtors - Commercial Real Estate Listing Agreement - Exclusive Right to Sell Form Real Estate Brokerage Services — Fee Schedule 16 Section 4 Proposal Format and Organization This section provides specific instructions on format and organization of the proposal to be submitted by the Proposer. Each Proposer may submit only one proposal in a totally self-supporting format without reference to any other proposal(s). 4.1 General Instructions A. To provide for ease and uniformity and to aid in the evaluation of proposals, Proposers shall comply with the sequence outlined herein. IN NUMBERING PROPOSALS, THE PROPOSER SHALL USE THE SAME SECTION NUMBERS AND TITLES AND SHALL PROVIDE ITS RESPONSES IN THE SAME ORDER AS EACH QUESTION IS NUMBERED AND ORDERED HEREIN. Failure to comply may result in rejection of the proposal. The proposal shall be completed in sections, which are described below. B. Proposers should be aware that all technical and operational specifications, equipment descriptions and marketing material submitted or made available will be incorporated by reference into any contract(s). The City discourages the inclusion of general marketing material or equipment manuals unless they are used to provide specific information or specifically requested by the City. C. The Proposer shall provide one electronic copy, via the electronic submission feature on Supplier Portal, as specified below, before the DUE DATE FOR PROPOSALS: 1. Although Proposers are not required to submit Sections 1, 2, 4 or 5 of this RFP in their proposal, if Proposer wishes to confirm, acknowledge or comment on any item in these sections, the Proposer may do so and submit same electronically. 2. Should Proposer desire to include any additional material, Proposer shall submit such material electronically. 4.2 Proposal Format A. This section outlines the minimum requirements for preparation and presentation of a proposal. B. The Proposer shall define the capabilities of their organization to supply and maintain the services as requested in this RFP. The response should be specific and complete in every detail and prepared in a simple and straightforward manner. C. Proposers are expected to examine the entire RFP including all specifications, standard provisions, instructions and attachments. Failure to do so will be at the Proposer's risk. Proposers should provide their best pricing for the services set out herein. 4.3 Transmittal Letter A. The transmittal letter shall be the first item in your proposal and shall indicate the intention of the Proposer to adhere to the provisions described in the RFP. The transmittal letter SHALL: 1. Be presented on company letterhead; 2. Identify the submitting organization; 3. Acknowledge receipt of any addenda to this RFP; 4. Identify, by name and title, and be signed by the person authorized by the organization to obligate the organization contractually. B. The second item in your proposal shall be a table of contents listing titles, sections and major sub- sections. All pages shall have a unique identifier and be numbered sequentially. 17 C. The third item in your proposal shall be the City of Corpus Christi's Disclosure of Interest. D. The fourth item in your proposal shall be the City of Corpus Christi's Business Designation Form. E. The fifth item in your proposal shall be your actual proposal, Texas Association of Realtors - Commercial Real Estate Listing Agreement - Exclusive Right to Sell Form, Real Estate Brokerage Services — Fee Schedule, and associated documents. 4.4 Service Agreement A sample SERVICE AGREEMENT is attached hereto that the successful Proposer will be required to sign. With the exception of certain terms and conditions which may be modified by mutual agreement between the City and the Proposer prior to final execution of the Contract, the final SERVICE AGREEMENT will conform to the SERVICE AGREEMENT included in this RFP. 18 Section 5 Proposal Evaluation The City will conduct a comprehensive, fair and impartial evaluation of all proposals received in response to this RFP. Each proposal will first be analyzed to determine overall responsiveness and completeness as defined in Section 4 Proposal Format and Organization, and Section 5.2 Evaluation Criteria. Failure to comply with the instructions or submission of a proposal that does not satisfy Sections 4 and 5.2 may result in the proposal being deemed non-responsive and may, at the discretion of the Committee, as defined in Section 5.1 below, result in the proposal being eliminated from further consideration. 5.1 Evaluation Committee An Evaluation Committee ("Committee") will be established to assist the City in the selection of a qualified Proposer. The Committee will be comprised of the Parks and Recreation Department's Assistant Director; Land Acquisition" Manager; Development Services Assistant Director; and Assistant City Attorney. The Committee will determine the responsiveness and acceptability of each proposal. The Committee will then engage in a detailed review of each proposal to evaluate the response in relation to the four (4) major evaluation factors identified in Section 5.2. 5.2 Evaluation Criteria A. The proposal evaluation and selection of a brokerage/firm for each Group of properties will be based on the following criteria: 1) Experience, Qualifications, and References 2 Marketing Strategies, 3) Fee Schedule and 4) Local Presence. The weight assigned to each of these parameters has been determined by the Committee and will be as indicated below: Experience, Qualification, References Marketing Strategies Fee Schedule Local Presence Total 20% 35% 40% 5% 100% B. Experience, Qualification and References (20%): Experience (8%) Number of year's brokerage firm has been in business Number of years lead realtor for this project Number of year support realtors for this project has been licensed Qualification (8%) Types and number of real estate transactions of firm in last 12-18 months Types and number of real estate transactions of lead realtor in last 12-18 Types and number of real estate transactions support realtors in last 12-18 References (4%) Positive feedback from references provided (5%) Negative feedback from references provided (0%) Total: 20% Marketing Strategies (35%): 19 Method for identifying potential buyers (10%) Expanse and quality of marketing materials and strategies (15%) Tools and methods for determining a listing price and quality of offers from prospective buyers (10%) Total: 35% Fee Schedule (40%) Best proposal gets (35%) Subsequent proposals receive proportionally less points (5%) Total: 40% Local Presence (5%) Local Presence (5%) Non -Local Presence (0%) Total: 5% In no case will the percentage assigned to each criterion be less than or greater than that stated above. The sum of the final percentages for all criteria will equal 100%. C. The Proposer's failure to provide information relative to the above criteria may result in the City deeming such proposal non-responsive and may, at the sole discretion of the Committee, result in elimination of said proposal from further consideration. The Committee reserves the right to conduct other evaluation and measurements of the proposals as may be necessary to make an informed decision. D. Firms submitting a proposal in response to the RFP may be required to give an oral presentation of their proposal. Additional technical and/or cost information may be requested for clarification purposes, but in no way change the original proposal submitted. Interviews are optional and may or may not be conducted. If an interview is conducted; it is essential that the brokerage/firm's personnel to be assigned to the work, as well as key representatives, be present at and participates in the interview. 20 Sample - Real Estate Brokerage Service Agreement Service Agreement No. THIS Real Estate Brokerage Service Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Real Estate Brokerage Service in response to Event No. 64; WHEREAS the City has determined Contractor to be the most advantageous proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor shall provide Real Estate Brokerage Service in accordance with Event No. 64 ("Services"), which request for proposal and related specifications, if any, are attached to this Agreement and incorporated by reference into this Agreement as Exhibit "A". Contractor's proposal to provide the services is attached to this Agreement and incorporated by reference into this Agreement as Exhibit "B". 2. Term. This Agreement is for a term of six (6) months, commencing on the date signed by the City Manager and continuing for six (6) months thereafter. The term includes an option to extend for up to three (3) additional six-month periods subject to the approval of the Contractor and the City Manager. 3. 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. All of the Contractor's notices and communications regarding this Agreement must be directed to the Contract Administrator, who serves as the Parks and Recreation Department Contract Administrator, unless indicated otherwise in this Agreement. 4. Independent Contractor. Contractor shall perform the Services hereunder as an independent contractor and furnish such Services in its own manner and method, and under no circumstances will any employee, agent, or representative of the Contractor be considered an employee of the City. 5. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Parks and Recreation Department Contract Administrator and the City's Risk Manager will be given at least thirty (30) days' notice of cancellation, material change in the coverages, 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 15 days of the City Manager's written request to Contractor. 6. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends each September 30th) is subject to budget approval and 21 appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 8. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate district or county court in and for Nueces County, Texas. 10. Subcontractors. The 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 Parks and Recreation Department Contract Administrator. 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 are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 12. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. 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 stated in the notice, the City Manager may terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement without cause upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty-four (24) hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. 13. Taxes. The Contractor covenants to pay all applicable federal and state payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended. Upon request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. 14. Drug Policy. The Contractor must adopt and enforce a "Drug Free Workplace" policy. 15. Violence Policy. The Contractor must adopt and enforce a "Violence in the Workplace" policy. 16. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand -delivered or faxed, with proof of accepted transmission, and on the third day after deposit in the U.S. mail if sent certified mail. Notice must be sent as follows: 22 IF TO CITY: City of Corpus Christi Attention: Development Services Department Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 1201 Leopard St. Corpus Christi, Texas 78401 Fax # (361) 826-4464 IF TO CONTRACTOR: Contractor Name: Contact Person: Mailing Address: City, State, ZIP: Physical Address: City, State, ZIP: Fax #: 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Real Estate Brokerage Service Agreement upon expiration of the original contract term or any extension period, the Contractor shall continue to provide goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month-to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 18. Severability. Each provision of this Agreement is severable and if, for any reason, any provision or any part thereof is determined to be invalid and contrary to any applicable law, such invalidity shall not impair the operation of or 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 thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF 23 ANY OTHER PERSON OR ENTITY. 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 REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Contractor: Signature: Printed Name: Title: Date: Incorporated by Reference: Exhibit A: Request for Proposal Event No. 64 (Available upon request) Exhibit B: Contractor's Proposal (Available upon request) 24 City of Corpus Christi SUPPLIER NUMBER TO BE ASSIGNED BYcITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, 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 next page for Filing Requirements, Certification and Definitions. COMPANY NAME: P. O. BOX: CITY: FIRM IS: 1. Corporation 4. Association STREET ADDRESS: STATE: 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 Department (if known) 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 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 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 25 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 of the city, including the board of any corporation created by the city. 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, whether under civil service or not, including part- time employees and employees of any corporation created by the city. 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. 26 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUSINESS DESIGNATION FORM ENSURE THIS FORM IS SUBMITTED WITH YOUR BID RESPONSE PLEASE INDICATE WHETHER YOUR COMPANY IS ANY ONE OF THE FOLLOWING: ❑ YES n NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC C BLACK ❑ HISPANIC ❑ NATIVE AMERICAN ❑ WOMAN Please visit the following website for information on becoming a Texas Certified HUB: http://www.window.state.tx.us/procurement/prog/hub/ ❑ YES ❑ NO - LOCAL SMALL BUSINESS (LSB) A for-profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas ❑ YES ❑ NO OTHER (PLEASE SPECIFY): ❑ THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE INFORMATION REQUESTED IN THIS FORM IS FOR STATISTICAL REPORTING PURPOSES ONLY AND WILL NOT INFLUENCE AWARD DECISIONS OR THE AMOUNT OF MONIES EXPENDED WITH ANY GIVEN COMPANY. EVENT NO: Firm Name: Telephone: - Ext. Address: Fax: City: State: Zip: E-mail: Date: Signer's Name: Title: Signature of Person Authorized to Sign Form (Please print or type) 27 THE CLOWER CO. Realtors / Developers Commercial /Industrial/ Retail 415 STARR STREET P.O. BOX 2525 CORPUS CHRISTI, TEXAS 78403 361/880-4111 Fax 361/880-4118 City of Corpus Christi Purchasing Division Attn: Lucille Gutierrez, CTPM P.O. Box 9277 Corpus Christi, Texas 78469-9277 September 3rd, 2015 RE: RFP — Real Estate Brokerage Services Event #64 Mrs. Gutierrez: The Clower Company submits herewith a proposal to City of Corpus Christi for Real Estate Brokerage Services, Event #64 for the disposition and sale of its surplus park lands located within the city limits of Corpus Christi. The Clower Company has received all documents and amendments related to this RFP including the revised Fee Schedule removing Caribbean Park from Group 4. I, George B. Clower, Vice President of The Clower Company have full authorization to execute a Real Estate Brokerage Service Agreement between the City of Corpus Christi, a home - rule municipal corporation and The Clower Company, a Texas corporation which will bind and obligate both parties contractually. If the City of Corpus Christi has any questions relating to the proposal that was submitted, please feel free to contact me at your earliest convenience. I can always be reached at 361.688.9542. Your consideration of my proposal is greatly appreciated. INDIVIDUAL MEMBER - SOCIETY OF INDUSTRIAL AND OFFICE REALTORS Sincerel Geor B. Clower, VP Th. lower Company Serving South Texas since the 1 930's Member of International Council of Shopping Centers Corpus Christi • Victoria • McAllen • Brownsville • Harlingen • Laredo CITY OF CORPUS CHRISTI PURCHASING DIVISION REQUEST FOR PROPOSAL ("RFP") Real Estate Brokerage Services Property Sale Event # 64 Release Date: July 18, 2015 Revised Date: July 30, 2015 Submission Due: August 14, 2015 Table of Contents Section 1 Notice of Request for Proposal 1.1 Request for Proposal 1.2 Submission of Proposal 1.3 Schedule Section 2 Conditions Governing the Procurement 2.1 RFP Notice Requirement 2.2 RFP Procedural and Content Questions 2.3 Basis for Proposal 2.4 Submission of Proposals 2.5 Proposal Terms and Conditions 2.6 Disclosure of Proposal Contents 2.7 Late Proposals 2.8 Signing of Proposals 2.9 Cost of Proposal 2.10 Disclosure of Interest 2.11 Ownership of Proposals 2.12 Disqualification or Rejection of Proposals 2.13 Rejection of Proposals 2.14 Right to Waive Irregularities 2.15 Withdrawal of Proposals 2.16 Amending of Proposals 2.17 Proposal Offer Firm 2.18 Proposer's Qualifications 2.19 Exceptions to RFP Specifications 2.20 Consideration of Proposals 2.21 Termination of RFP 2.22 Service Agreement 2.23 Precedence of Contract Documents 2.24 Governing Law 2.25 No Obligation 2.26 Contract Deviations 2.27 Sufficient Appropriation 2.28 Recommendation for Award 2.29 Award of Contract 2.30 Execution of Contract 2.31 Disputes 2.32 Change in Proposer's Representative 2.33 Term 2.34 Change Requests 2.35 Termination of Contract 2.36 Indemnification 2.37 Insurance Requirements 2.38 Right to Publish 2.39 Proposer's Ethical Behavior ii 2.40 Quantities 2.41 Use of Subcontractors Section 3 Scope of Work 3.1 General Information 3.2 Statement of Work 3.3 RFP Solicitation Support Materials 3.4 Proposal Requirements Section 4 Proposal Format and Organization 4.1 General Instructions 4.2 Proposal Format 4.3 Transmittal Letter 4.4 Service Agreement Section 5 Proposal Evaluation 5.1 Evaluation Committee 5.2 Evaluation Criteria Attachments Texas Association of Realtors - Commercial Real Estate Listing Agreement - Exclusive Right to Sell Form Real Estate Brokerage Services — Fee Schedule iii Section 1 Notice of Request for Proposal 1.1 Request for Proposal A. The City of Corpus Christi ("City") hereby issues this request for proposal ("RFP"). The City is seeking proposals from qualified Proposers for a Real Estate Brokerage Service for the sale of real property owned by the City of Corpus Christi, Texas. The City intends to enter into a contract (also referred to herein as "Contract" or "Agreement") resulting here from that commences on the date signed by the last signatory and shall continue for six (6) months and includes three (3) six-month extension options, subject to the approval of the Contractor and the City Manager or designee ("City Manager") B. The City hereby designates Lucille Gutierrez as the Procurement Officer with overall responsibility for procurement and administration of this service. Ms. Gutierrez's information is as follows: Lucille Gutierrez, CTPM Buyer City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Phone: (361) 826-3176 Fax: (361) 826-3174 lucilleg@cctexas.com C. All inquiries or requests regarding this RFP must be submitted to the Procurement Officer indicated above, or his designee as specified in writing, in writing and online, via the City's Supplier Portal (http://www.cctexas.com/business/supplierportal) using the electronic question submission feature specific to this RFP. Such inquiries or requests must be submitted by the due date and time provided in Section 1.3 of this RFP. Other employees do not have the authority to respond for the City in writing and any attempt to question other employees regarding this RFP may result in the City disqualifying that Proposer. Only written responses from the Procurement Officer or his designee will be binding with regard to inquiries requesting clarification or additional information. The Procurement Officer's written responses will be released simultaneously to all prospective Proposers. D. The date and time the Proposer electronically submits its proposal via the City's Supplier Portal shall be electronically recorded by the Supplier Portal and shall be the official "time stamp" for the purpose of this RFP. The time maintained by the Supplier Portal shall be the official time for the purpose of the DUE DATE FOR PROPOSALS provided in Section 1.3 of this RFP. 1.2 Submission of Proposal A. PROPOSER SHALL SUBMIT ITS PROPOSAL ELECTRONICALLY, AS INSTRUCTED HEREIN, VIA THE CITY'S SUPPLIER PORTAL. All proposals must be complete and accurate and in the City -approved format specified herein. B. The City's Charter and the City's Electronic Procurement Policy require that all proposals submitted be sealed, secret, unopened and time -locked through the DUE DATE FOR PROPOSALS specified in this RFP. Therefore, proposals submitted directly to the City by facsimile machine, e-mail or hard copy will be considered non-responsive and will be eliminated from consideration. 4 C. Proposals will be received, electronically, before the date and time specified in Section 1.3 of this RFP. Without exception, proposals received on or after this deadline are late, shall be deemed non- responsive and shall not be considered. D. Proposers shall comply with the additional detailed instructions regarding submission of proposals found in Section 4 of this RFP. 1.3 Schedule The following is the schedule for this procurement: Date Activity July 18, 2015 Request for Proposal issued July 30, 2015 August 3, 2015 Written questions are due, via the question feature in the City's Supplier Portal before 5:00 p.m. CT August 14, 2015 DUE DATE FOR PROPOSALS: Proposals due before 5:00 p.m. CT September 8, 2015 Projected Date Award of Contract will appear as "Future" Item on City Council Agenda, if applicable.* September 15, 2015 Projected Date Award of Contract will appear as "Consent" Item on City Council Agenda, if applicable.* September 15, 2015 Projected Alternate Date Award of Contract will appear as "Future" Item on City Council Agenda, if applicable.* September 22, 2015 Projected Alternate Date Award of Contract will appear as "Consent" Item on City Council Agenda, if applicable.* 5 Section 2 Conditions Governing the Procurement 2.1 RFP Notice Requirement Notice of the RFP will be published in the Corpus Christi Caller Times once a week for two consecutive weeks. The date of the first publication will be at least fourteen (14) days prior to the proposal due date. 2.2 RFP Procedural and Content Questions A. Any Proposer requiring further clarification of the RFP procedures should submit specific questions to the Procurement Officer as described in Section 1.1, C of this RFP. B. During a review of this RFP and preparation of the proposal, certain errors, omissions or ambiguities may be discovered. If so, or if there are doubts or concerns about the meaning of any part of this RFP, questions should be submitted to the Procurement Officer as described in Section 1.1, C of this RFP. 2.3 Basis for Proposal Only the information contained in this RFP, questions and answers, addenda hereto and information supplied by the City in writing through the Procurement Officer should be used in the preparation of the Proposer's proposal(s). 2.4 Submission of Proposals A formal opening of the proposals shall not take place. 2.5 Proposal Terms and Conditions With its proposal, the Proposer must submit a complete set of any additional terms and conditions proposed for inclusion in the final Agreement. 2.6 Disclosure of Proposal Contents Proposals will be opened in a manner that avoids disclosure of the contents to competing Proposers and keeps the proposals secret during negotiations. All proposals are open for public inspection after the contract(s) are awarded; however, trade secrets and confidential information in the proposals are not open for public inspection. It is specifically provided, however, that each Proposer must identify any information contained in its proposal which it asserts is either a trade secret or confidential information. Such material must be conspicuously identified by marking each page containing such information as "confidential" or "proprietary". If such material is not conspicuously identified, then by submitting its proposal, a Proposer agrees that such material is considered public information. 2.7 Late Proposals Without exception, proposals must be submitted before the DUE DATE FOR PROPOSALS. Proposals received on or after the time and date specified in Section 1.3 are late and shall not be considered. 2.8 Signing of Proposals By submitting and signing a proposal, the Proposer indicates its intention to adhere to the provisions described in this RFP. Proposals signed for a partnership shall be signed in the Proposer's name by at least one general partner or in the Proposer's name by an attorney-in-fact. If signed by an attorney-in- fact, there should be attached to the proposal a Power -of -Attorney evidencing authority to sign proposals, dated the same date as the proposal, and executed in accordance with the legal requirements of the Proposer. Proposals signed for a corporation shall have the correct corporate name thereon and 6 2.12 Disqualification or Rejection of Proposals shall bear the president's or vice president's original signature with the name and title written below the corporate name. Any other signature must be accompanied by a resolution of the board of directors authorizing such signature to contract in the corporation's name. The title of the office held by the person signing for the corporation shall appear below the signature of the officer. 2.9 Cost of Proposal This RFP does not commit the City to pay any costs incurred by a Proposer for preparation and submission of a proposal or for procuring or contracting for the items to be furnished under this RFP. All costs directly or indirectly related to preparing and responding to this RFP, including all costs incurred for supplementary documentation, shall be borne solely by the Proposer. 2.10 Disclosure of Interest The City of Corpus Christi's Code of Ordinances, Section 2-349, as amended, requires all persons and Proposers seeking to do business with the City to provide the Disclosure of Interest information on the City -supplied form included herewith. Every question must be answered. If the question is not applicable, answer with N/A. Proposers are obligated to provide updated information concerning the Disclosure of Interest, as warranted, for the duration of time the proposals are under consideration. 2.11 Ownership of Proposals All documents submitted in response to this RFP shall become the property of the City. Proposers may be disqualified for any of the following reasons: 1. There is reason to believe that collusion exists among the Proposers; 2. The Proposer is involved in any litigation against the City; 3. The Proposer is in arrears on an existing contract or has defaulted on previous contracts with the City; 4. The Proposer lacks financial stability; 5. The Proposer has failed to perform under previous or present contracts with the City; 6. The Proposer has failed to use the City's approved forms; 7. The Proposer has failed to adhere to one or more of the provisions established in this RFP; 8. The Proposer has failed to submit its Proposal in the format specified herein; 9. The Proposer has failed to submit its Proposal before the deadline established herein; 10. The Proposer has failed to adhere to generally accepted ethical and professional principles during the proposal process; or, 11. The Proposer has failed to provide a detailed cost summary in the proposal. 2.13 Rejection of Proposals Proposals may be rejected if they show any alteration of words or figures, additions not called for, conditional or uncalled-for alternate proposals, incomplete proposals, erasures or irregularities of any kind. Proposals tendered or delivered after the official time designated for receipt of proposals shall be deemed non-responsive and shall not be considered. Proposals will not be accepted from the Brokerage Firm who performed the appraisals of the City's parks. 2.14 Right to Waive Irregularities Proposals shall be considered "irregular" if they show any admissions, alterations of form, additions or conditions not called for, unauthorized alternate proposals or irregularities of any kind. The Procurement Officer reserves the right to waive minor irregularities and mandatory requirements, provided that all responsive proposals failed to meet the same mandatory requirements and the failure to do so does not 7 otherwise materially affect the procurement. This right shall be exercised at the sole discretion of the Procurement Officer. 2.15 Withdrawal of Proposals Proposals may be withdrawn through the City's Supplier Portal prior to the exact hour and DUE DATE FOR PROPOSALS. 2.16 Amending of Proposals A Proposer may amend a proposal through the City's Supplier Portal prior to the exact hour and DUE DATE FOR PROPOSALS. 2.17 Proposal Offer Firm By submission of its proposal, the Proposer affirms that its proposal is firm for one hundred eighty (180) days after the DUE DATE FOR PROPOSALS. 2.18 Proposer's Qualifications The City may make such investigations as necessary to determine the ability of the Proposer to adhere to the requirements specified herein. The Procurement Officer will reject the proposal of any Proposer who is not a responsible Proposer. 2.19 Exceptions to RFP Specifications Although the specifications in the following sections represent the City's anticipated needs, there may be instances in which it is in the City's best interest to permit exceptions to specifications and evaluate alternatives. It is vital that the Proposer make very clear where exceptions are taken to the specifications and how the Proposer will provide alternatives. Therefore, exceptions, conditions or qualifications to the provisions of the City's specifications must be clearly identified as such, together with reasons for taking exception and inserted in the proposal at that point. If the Proposer does not make clear that an exception is being taken, the City will assume the Proposer is, in its proposal, responding to and will meet the specifications and requirements of this RFP. 2.20 Consideration of Proposals Discussions may be conducted with responsible Proposers qualified to be selected for award for the purpose of clarification to assure full understanding of and responsiveness to the solicitation requirements. In discussions, there shall not be disclosure of any information derived from proposals submitted by competing Proposers. Until award of the Contract is made by the City, the City reserves the right to reject any or all proposals, to waive technicalities, to re -advertise for new proposals or to proceed with the work in any manner as may be considered in the best interest of the City. Should the City require clarification from the Proposer, the City shall contact the individual named as the organization's contact person in the City's Supplier Portal. Evaluation of the proposal is the first step in a series of evaluation steps that will be conducted by the Committee. The City may elect to conduct post -submission reference checks, Proposer interviews or best and final offers with any Proposers that are not eliminated based on their proposal. 2.21 Termination of RFP The City reserves the right to cancel this RFP at any time. The City reserves the right to reject any or all proposals submitted in response to this RFP. 8 2.22 Service Agreement The fully executed Contract, as amended; the RFP, as clarified via questions and answers and addenda; and the proposal, as may be clarified in writing, constitute the agreement, in its entirety, between the City and the Contractor. Any other terms and conditions shall be null and void. 2.23 Precedence of Contract Documents In case of a conflict in the contract documents, first precedence shall be given to the fully executed Contract, as amended; second precedence will be given to the RFP, including questions, answers and addenda; and third precedence will be given to the proposal, including as may be clarified in writing. 2.24 Governing Law The laws of the State of Texas will govern the Contract. The contract shall be executed and venue shall lie in Nueces County, Texas. 2.25 No Obligation In no manner does this RFP obligate the City or any of its agencies to the eventual services offered until confirmed by an executed written Contract. 2.26 Contract Deviations Any additional terms or conditions, which may be the subject of negotiation, will be discussed only between the City and qualified Proposers. 2.27 Sufficient Appropriation Any contract awarded as a result of this RFP process may be terminated if sufficient appropriations or authorizations do not exist. Such termination will be effected by sending written notice to the Contractor. The City's decision as to whether sufficient appropriations and authorizations are available shall be accepted by the Proposer as fmal. 2.28 Recommendation for Award City staff will recommend to the City Manager that award be made to the Proposer(s) whose proposal is determined by the City to be the most advantageous ("Best Value") to the City. 2.29 Award of Contract The City reserves the right to withhold fmal action on proposals for a reasonable time not to exceed one hundred eighty (180) days subsequent to the deadline for receipt of proposals. The award of a Contract(s), if an award is made, will be to the most responsible and responsive Proposer(s) that gives the City the "Best Value" and whose proposal meets the requirements and criteria set forth in this RFP. 2.30 Execution of Contract The City Manager shall authorize award of the Contract to the successful Proposer(s) and shall designate the successful Proposer(s) ("Contractor") as the City's Provider(s). The City will require the Contractor(s) to sign the documents necessary to enter into the required Contract with the City and to provide the necessary evidence of insurance as required in the Contract documents. No Contract for this project may be signed by the City without the authorization of the City Manager and no Contract shall be binding on the City unless and until it has been approved as to form by the City Attorney's Office and executed by the City Manager. 2.31 Disputes In the case of any doubt or difference of opinion with regard to the items to be furnished by a Proposer or the interpretation of the provisions of this RFP, the decisions of the City shall be final and binding upon all parties. 9 2.32 Change in Proposer's Representative The City reserves the right to require a change in Proposer's representatives if the assigned representatives are not, in the sole opinion of the City, adequately meeting the needs of the City. 2.33 Term The contract resulting here from will commence on the date signed by the last signatory and continue for six -months and includes three (3) six-month extension options, subject to the approval of the Contractor and the City Manager. By submission of its proposal, the Proposer agrees that the pricing quoted in its proposal is fixed and firm for the duration of the contract. 2.34 Change Requests Contract changes may only be made by an amendment to the Contract and executed in writing by the City and the Contractor and approved by the City Manager. 2.35 Termination of Contract A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. 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 stated in the notice, the City Manager may terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement without cause upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty-four (24) hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. 2.36 Indemnification CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR GROUP. 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 REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF 10 2.37 Insurance Requirements ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. I.PROPOSER'S LIABILITY INSURANCE 1. Successful Proposer shall not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Proposer must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Proposer shall furnish to the Risk Manager and Director of Development Services, two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. NOTES: Endorsements must be provided with certificate of insurance. Name of project and project number if applicable shall be listed in Description Box of Certificate of Insurance. Upon award The Clower Company will furnish copies of the required polices and name the City of Corpus Christi as a third party on all necessary and required policies 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 PROPOSERs 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $250,000 Combined Single Limit WORKERS' COMPENSATION EMPLOYER'S LIABILITY Statutory $500,000 / $500,000 / $500,000 PROFESSIONAL LIABILITY $1,000,000 Per Claim or Occurrence 11 3. In the event of accidents of any kind related to this project, Proposer shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS 1. Proposer must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States endorsement shall be included for Companies not domiciled in Texas. 2. Proposer shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Proposer'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. Proposer shall be required to submit replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Proposer shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Proposer agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, or comparable policy language, as respects to operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City. • The "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ■ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non -renewal or reductions in coverages or limits, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5. City shall have the option to suspend Proposer'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 Proposer'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 Proposer to stop work hereunder, and/or withhold any 12 payment(s) which become due to Proposer hereunder until Proposer demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Proposer may be held responsible for payments of damages to persons or property resulting from Proposer's or its subcontractor's performance of the work covered under this agreement. 8. It is agreed that Proposer'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 and completed operations and activities under this agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2.38 Right to Publish Throughout the duration of the procurement process and resulting Contract term, Proposer must secure from the City written approval prior to the release of any information that pertains to the potential work or activities covered by the RFP or the resulting Contract. Failure to adhere to this requirement may result in disqualification of the Proposer's proposal or termination of the Contract. 2.39 Proposer's Ethical Behavior By submission of its proposal, the Proposer promises that Proposer's officers, employees, or agents will not attempt to lobby or influence a vote or recommendation related to the Proposer's proposal submitted in response to this RFP, directly or indirectly, through any contact with City Council members or other City officials between the date this RFP is released to the public and the date a contract is awarded by the City Manager. Such behavior will be cause for rejection of the Proposer's proposal at the discretion of the City Manager or his designee. Quantities described herein are estimates and do not obligate the City to order or accept more than the City's actual requirements during the term of any contract, nor do the estimates limit the City to ordering less than its actual needs during the term of any contract, subject to availability of appropriated funds. The City reserves the right to add additional property or remove properties with the original terms and conditions throughout the term of the contract. 2.41 Use of Subcontractors The Proposer may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Proposer must obtain prior written approval from the Contract Administrator. In using subcontractors, the Proposer is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Proposer. All requirements set forth as part of the Contract are applicable to all subcontractors and their employees to the same extent as if the Proposer and its employees had performed the services. 13 Section 3 Scope of Work 3.1 General Information The City of Corpus Christi (City) is the county seat for Nueces County. Nueces County is considered a Tier One (1) location on the Gulf Coast. The City of Corpus Christi is seeking proposals from real estate brokerage/firms to sell real property located within the corporate city limits of Corpus Christi, Texas. It is the intent of this Request for Proposal (RFP) to have the successful broker(s) or firm(s), enter into a Professional Services Contract with the City of Corpus Christi to supply real estate brokerage services as outlined herein. 3.2 Statement of Work The following properties are owned by the City of Corpus Christi and are available for sale. For detailed information on each property, please review appendix A. Groups and Property Address Acre(s) Group One San Carlos Park, 12650 Figueroa, 2.00 Violet Park, 4301 Violet 1.55 Willow Park, 11418 Willowood 0.93 Group Two Cabra Park, 1323 W. Broadway 1.36 Fountain Park, 4938 Moody 1.62 Parklane Park, 4600 Arlene 1.95 Group Three Acushnet Park, 6746 Aaron 9.96 Congress Park, 4017 Capitol 1.96 Creekway Park, 7306 Prairie 0.89 Penn Place 4302 Aaron 1.67 Group Four Durant Park, 6113 Durant Peary Park, 1750 Paul Jones Ridgewood Park, 5730 Malden 1.00 2.70 1.00 5.04 Group Five Mt. Vernon Park, 5151 McArdle 7.25 The successful firm shall agree to contract with the City of Corpus Christi to provide the following: 1. Develop strategies for sale of designated City -owned properties (including but not limited to conducting a study of comparable properties). 2. Develop marketing materials to advertise sites for sale, distribute materials to potential buyers via the appropriate forms of media and report the results to the City on an agreed upon frequency. 14 3. Advise the City related to strategies to promote and sell the designated sites. Public presentations may be required. 4. Participate in site tours of City -owned property listed for sale. 5. Analyze and present offers from potential buyers and advise the City with respect to negotiations. 6. Represent the City in negotiations with a prospective buyer from the time of offer through closing. 7. Coordinate real estate transaction closing. 8. Handle all other customary activities and services associated with real estate transactions. The Clower Company agrees to Items 1 thru 8 in Paragraph 3.2 mentioned above. The inventory of City owned property being considered for sale divided into five groups, are located throughout the community and are primarily located in residential or commercial areas. You are not required to make a proposal for all five groups. 3.2 MINIMUM REQUIREMENTS 1. Please note that response to this RFP are sought only from experienced brokers who can demonstrate their ability to perform and who have personnel with a proven track record of success in providing commercial real estate brokerage services. They must also be in good standing with the Texas Real Estate Commission. A proposal must demonstrate that the broker meets the following minimum qualifications to be eligible for consideration for this project: The firm, organization or company must have a minimum of one real estate broker licensed in the State of Texas. Other key real estate professionals, assigned to the contract, must be real estate agents licensed in the State of Texas. George B. Clower Texas Broker Licence #428055 License Status - Active Tim Clower Texas Broker License #109096 License Status — Active 2. The firm must have an office that has been continuously operated for the last five (5) years within Nueces County. Have operated continuously out of our current office at 415 Starr St. since 1993 3. The lead broker assigned to the contract and responsible for the coordination and execution of work must have a minimum of five years of experience and a proven track record in providing commercial real estate brokerage transaction services involving large scale commercial properties for its clients. George B. Clower has 22 years of experience in commercial real estate brokerage and has a proven track record in handling large scale commercial properties. Some of the projects that I have been or currently involved in are the following: - Brokered the sale of Padre Staples Mall to Trademark Properties now La Palmera - Broker and development partner in La Terraza at Lomas del Sur Apartments (128 units) in Laredo, TX — New construction - Brokered the sale of Staples Center to Trademark Properties - Brokered the sale of McDermott Rig Facility (224+ acres) in Port Aransas - Current Leasing Agent and Development Partner in the Realm SPID & Rodd Field - Currently handling disposition of Walgreens surplus property — Corpus Christi and Rio Grande Valley 15 Currently handling disposition of Family Dollar surplus property — Corpus Christi and Rio Grande Valley - Acquisition Project - 15+ sites — National Retailer - San Antonio Acquisition Project — 5+ sites — National Fast Food user — NW Arkansas Disposition of Surplus Property — Nueces County - Disposition of Surplus Property — Walgreens — Rio Grande Valley and Corpus Christi Disposition of Surplus Property — Family Dollar — Rio Grande Valley Disposition of Surplus Property — Outback Steakhouse 4. Each real estate professional assigned to this contract must have a minimum of three (3) years of experience in his or her areas of expertise. All other assigned professionals must have a minimum of two (2) years of experience in their areas of expertise. George B. Clower — 22 years of experience in Commercial Real Estate Tim Clower — 50+ years of experience in Commercial Real Esate 5. The City reserves the right to reject any and all offers provided by the selected brokerage/firm. 6. Sale of the real property under brokerage agreement must comply with the following section of the Texas Local Government Code: Sec. 253.014. BROKER AGREEMENTS AND FEES FOR SALE OF REAL PROPERTY BY HOME -RULE MUNICIPALITY. (a) In this section, "broker" means a person licensed as a broker under Chapter 1101, Occupations Code. (b) The governing body of a home -rule municipality may contract with a broker to sell a tract of real property that is owned by the municipality. (c) The governing body may pay a fee if a broker produces a ready, willing, and able buyer to purchase a tract of real property. (d) If a contract is made under Subsection (b) with a broker to list the tract of real property for sale for at least 30 days with a multiple -listing service, the governing body on or after the 30th day after the date the property is listed may sell the tract of real property to a ready, willing, and able buyer who is produced by any broker using the multiple -listing service and who submits the highest cash offer. (e) The governing body may sell a tract of real property under this section without complying with the public auction requirements prescribed by Section 253.008 or other law or the notice and bidding requirements prescribed by Section 272.001 or other law. Added by Acts 2013, 83rd Leg., R.S., Ch. 462 (S.B. 985), Sec. 1, eff. June 14, 2013. The Clower Company agrees to comply with 3.2 Section 6 of the Texas Local Government Code Section 253.014. 3.3 RFP Solicitation Support Materials To facilitate consultant due diligence and response preparation, the following supplemental information is provided as part of the RFP solicitation package: Attachments Texas Association of Realtors - Commercial Real Estate Listing Agreement - Exclusive Right to Sell Form Real Estate Brokerage Services — Fee Schedule 16 Section 4 Proposal Format and Organization This section provides specific instructions on format and organization of the proposal to be submitted by the Proposer. Each Proposer may submit only one proposal in a totally self-supporting format without reference to any other proposal(s). 4.1 General Instructions A. To provide for ease and uniformity and to aid in the evaluation of proposals, Proposers shall comply with the sequence outlined herein. IN NUMBERING PROPOSALS, THE PROPOSER SHALL USE THE SAME SECTION NUMBERS AND TITLES AND SHALL PROVIDE ITS RESPONSES IN THE SAME ORDER AS EACH QUESTION IS NUMBERED AND ORDERED HEREIN. Failure to comply may result in rejection of the proposal. The proposal shall be completed in sections, which are described below. B. Proposers should be aware that all technical and operational specifications, equipment descriptions and marketing material submitted or made available will be incorporated by reference into any contract(s). The City discourages the inclusion of general marketing material or equipment manuals unless they are used to provide specific information or specifically requested by the City. C. The Proposer shall provide one electronic copy, via the electronic submission feature on Supplier Portal, as specified below, before the DUE DATE FOR PROPOSALS: 1. Although Proposers are not required to submit Sections 1, 2, 4 or 5 of this RFP in their proposal, if Proposer wishes to confirm, acknowledge or comment on any item in these sections, the Proposer may do so and submit same electronically. 2. Should Proposer desire to include any additional material, Proposer shall submit such material electronically. 4.2 Proposal Format A. This section outlines the minimum requirements for preparation and presentation of a proposal. B. The Proposer shall define the capabilities of their organization to supply and maintain the services as requested in this RFP. The response should be specific and complete in every detail and prepared in a simple and straightforward manner. C. Proposers are expected to examine the entire RFP including all specifications, standard provisions, instructions and attachments. Failure to do so will be at the Proposer's risk. Proposers should provide their best pricing for the services set out herein. 4.3 Transmittal Letter A. The transmittal letter shall be the first item in your proposal and shall indicate the intention of the Proposer to adhere to the provisions described in the RFP. The transmittal letter SHALL: 1. Be presented on company letterhead; 2. Identify the submitting organization; 3. Acknowledge receipt of any addenda to this RFP; 4. Identify, by name and title, and be signed by the person authorized by the organization to obligate the organization contractually. B. The second item in your proposal shall be a table of contents listing titles, sections and major sub- sections. All pages shall have a unique identifier and be numbered sequentially. 17 C. The third item in your proposal shall be the City of Corpus Christi's Disclosure of Interest. D. The fourth item in your proposal shall be the City of Corpus Christi's Business Designation Form. E. The fifth item in your proposal shall be your actual proposal, Texas Association of Realtors - Commercial Real Estate Listing Agreement - Exclusive Right to Sell Form, Real Estate Brokerage Services — Fee Schedule, and associated documents. 4.4 Service Agreement A sample SERVICE AGREEMENT is attached hereto that the successful Proposer will be required to sign. With the exception of certain terms and conditions which may be modified by mutual agreement between the City and the Proposer prior to final execution of the Contract, the final SERVICE AGREEMENT will conform to the SERVICE AGREEMENT included in this RFP. 18 Section 5 Proposal Evaluation The City will conduct a comprehensive, fair and impartial evaluation of all proposals received in response to this RFP. Each proposal will first be analyzed to determine overall responsiveness and completeness as defined in Section 4 Proposal Format and Organization, and Section 5.2 Evaluation Criteria. Failure to comply with the instructions or submission of a proposal that does not satisfy Sections 4 and 5.2 may result in the proposal being deemed non-responsive and may, at the discretion of the Committee, as defined in Section 5.1 below, result in the proposal being eliminated from further consideration. 5.1 Evaluation Committee An Evaluation Committee ("Committee") will be established to assist the City in the selection of a qualified Proposer. The Committee will be comprised of the Parks and Recreation Department's Assistant Director; Land Acquisition Manager; Development Services Assistant Director; and Assistant City Attorney. The Committee will determine the responsiveness and acceptability of each proposal. The Committee will then engage in a detailed review of each proposal to evaluate the response in relation to the four (4) major evaluation factors identified in Section 5.2. 5.2 Evaluation Criteria A. The proposal evaluation and selection of a brokerage/firm for each Group of properties will be based on the following criteria: 1) Experience, Qualifications, and References 2 Marketing Strategies, 3) Fee Schedule and 4) Local Presence. The weight assigned to each of these parameters has been determined by the Committee and will be as indicated below: Experience, Marketing Qualification, I Strategies iiReferences 20% 35% Fee Schedule 40% B. Experience, Qualification and References (20%): Experience (8%) Number of year's brokerage firm has been in business Local Presence Total 5% 100% 80+ years in Corpus Christi Number of years lead realtor for this project George B. Clower - 22 years — Licensed Number of year support realtors for this project has been licensed Tim Clower — 50+ Years - Licensed 19 Qualification (8%) Types and number of real estate transactions of firm in last 12-18 months 22 Transactions - Industrial Sale — Unimproved 8+ acres — IH37; Commercial Sale — Unimproved 1.5+ Acres — Staples & Everhart; - Commercial Sale - 4520 Crosstown Expressway Commercial Sale — Unimproved 5+ Acres — Laredo - Commercial Sale — Unimproved 1.7+ acres — Alameda St. - Commercial Sale — Unimproved 4.96 acres — Springdale, AR - Commercial Sale — Unimproved 1.6 acres — Siloam Springs, AR Commercial Pad Site — Unimproved 1+ Acres — Saratoga; - Commercial Pad Site — Unimproved 0.9+ Acres — Rodd Field Rd. Commercial Pad Site — Unimproved 17+ Acres — Portland - Retail Shopping Center - Saxet Center — Sale Retail Shopping Center - Morrison Crossing —Brownsville — Acquisition Commercial/Industrial Sale — McDermott Facility — 220+ Acres — Port Aransas - Retail Lease — Morrison Crossing — 2,450+ Sqft - Brownsville Retail Lease — Morrison Crossing — 1,400+ Sqft — Brownsville - Retail Lease —1722 Rodd Field Rd. Retail Lease — Wooldridge Center — 5,000+ Sqft. Industrial Lease —110 N. Staples St. - Condominium Sale — La Plaza Condos — Brownsville Condominium Sale — La Plaza Condos - Brownsville Disposition — Lease Buyout - Family Dollar — La Joya - Disposition Sale — Commercial Pad Site — CVS Pharmacy - Edinburg Types and number of real estate transactions of lead realtor in last 12-18 Same as above Types and number of real estate transactions support realtors in last 12-18 Same as above References (4%) Positive feedback from references provided (5%) The NRP Group — San Antonio Debra Guerrero — 210-487-7878 work - dguerreroAnrpgroup.com Dan Markson — 210-487-7878 work - dmarkson(cr),nrpgroup.com American Bank — Corpus Christi George Hawn — 361-882-5435 Encore Development - Dallas Terry Parker — 512-547-0077 cell - tparker(c�encore.bz Fernando Camargo — 469-358-2913 cell - fcamargo@encore.bz 20 Negative feedback from references provided (0%) Total: 20% Marketing Strategies (35%): Method for identifying potential buyers (10%) Expanse and quality of marketing materials and strategies (15%) Tools and methods for determining a listing price and quality of offers from prospective buyers (10%) Total: 35% See Marketing Strategy and individual marketing strategy spreadsheet Attached hereto Fee Schedule (40%) Best proposal gets (35%) Subsequent proposals receive proportionally less points (5%) Total: 40% See Real Estate Brokerage Services - Fee Schedule Attached hereto Local Presence (5%) Local Presence (5%) Non -Local Presence (0%) Total: 5% Have had a local presence and an established real estate firm in Corpus Christi since the 1930's. In no case will the percentage assigned to each criterion be less than or greater than that stated above. The sum of the final percentages for all criteria will equal 100%. C. The Proposer's failure to provide information relative to the above criteria may result in the City deeming such proposal non-responsive and may, at the sole discretion of the Committee, result in elimination of said proposal from further consideration. The Committee reserves the right to conduct other evaluation and measurements of the proposals as may be necessary to make an informed decision. D. Firms submitting a proposal in response to the RFP may be required to give an oral presentation of their proposal. Additional technical and/or cost information may be requested for clarification purposes, but in no way change the original proposal submitted. Interviews are optional and may or may not be conducted. If an interview is conducted; it is essential that the brokerage/firm's personnel to be assigned to the work, as well as key representatives, be present at and participates in the interview. 21 Sample - Real Estate Brokerage Service Agreement Service Agreement No. THIS Real Estate Brokerage Service Agreement (this "Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), acting by and through its City Manager or his designee ("City Manager"), and ("Contractor"), effective for all purposes upon execution by the City Manager. WHEREAS Contractor has proposed to provide Real Estate Brokerage Service in response to Event No. 64; WHEREAS the City has determined Contractor to be the most advantageous proposer; NOW, THEREFORE, Contractor and City enter into this Agreement and agree as follows: 1. Services. Contractor shall provide Real Estate Brokerage Service in accordance with Event No. 64 ("Services"), which request for proposal and related specifications, if any, are attached to this Agreement and incorporated by reference into this Agreement as Exhibit "A". Contractor's proposal to provide the services is attached to this Agreement and incorporated by reference into this Agreement as Exhibit "B". 2. Term. This Agreement is for a term of six (6) months, commencing on the date signed by the City Manager and continuing for six (6) months thereafter. The term includes an option to extend for up to three (3) additional six-month periods subject to the approval of the Contractor and the City Manager. 3. 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. All of the Contractor's notices and communications regarding this Agreement must be directed to the Contract Administrator, who serves as the Parks and Recreation Department Contract Administrator, unless indicated otherwise in this Agreement. 4. Independent Contractor. Contractor shall perform the Services hereunder as an independent contractor and furnish such Services in its own manner and method, and under no circumstances will any employee, agent, or representative of the Contractor be considered an employee of the City. 5. Insurance. Before Services can begin under this Agreement, the Contractor's insurance company must deliver a Certificate of Insurance as proof of the required insurance coverages to the Contract Administrator. Additionally, the certificate must state that the Parks and Recreation Department Contract Administrator and the City's Risk Manager will be given at least thirty (30) days' notice of cancellation, material change in the coverages, 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 15 days of the City Manager's written request to Contractor. 6. Assignment. No assignment of this Agreement nor any right or interest herein held by the Contractor is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is the essence of this Agreement, and the City's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 7. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City (the City's fiscal year ends each September 30th) is subject to budget approval and appropriations providing for such contract item as an expenditure in the fiscal budget. The City does not 22 represent that a budget item for this Agreement will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. 8. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 9. Compliance with Laws. This Agreement is subject to all applicable federal, state and local laws. All duties of the parties will be performed in Corpus Christi, Texas. The applicable law for any legal disputes arising out of this Agreement is the law of Texas, and the forum and venue for such disputes is the appropriate district or county court in and for Nueces County, Texas. 10. Subcontractors. The 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 Parks and Recreation Department Contract Administrator. 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 are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the services. 11. Amendments. This Agreement may be amended only in writing and signed by persons authorized to execute the same by both parties. 12. Termination. A. The City Manager may terminate this Agreement for Contractor's failure to perform the services specified in this Agreement and its exhibits. 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 stated in the notice, the City Manager may terminate this Agreement immediately thereafter. Failure to keep all insurance policies in force for the entire term of this Agreement is grounds for termination. B. Alternatively, the City may terminate this Agreement without cause upon twenty (20) days' advance written notice to the Contractor. However, the City may terminate this Agreement upon twenty-four (24) hours' advance written notice to the Contractor for the Contractor's failure to pay any required taxes or to provide proof of payment of taxes as set out in this Agreement. The Contractor may terminate this Agreement upon ninety (90) days' advance written notice to the City. 13. Taxes. The Contractor covenants to pay all applicable federal and state payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other taxes in accordance with Circular E "Employer's Tax Guide", Publication 15, as it may be amended. Upon request, the City Manager shall be provided proof of payment of these taxes within fifteen (15) days of such request. 14. Drug Policy. The Contractor must adopt and enforce a "Drug Free Workplace" policy. 15. Violence Policy. The Contractor must adopt and enforce a "Violence in the Workplace" policy. 16. Notice. Notice must be given by personal delivery, facsimile (fax), or by certified mail, postage prepaid and return receipt requested, and is deemed received on the date hand -delivered or faxed, with proof of accepted transmission, and on the third day after deposit in the U.S. mail if sent certified mail. Notice must be sent as follows: 23 IF TO CITY: City of Corpus Christi Attention: Development Services Department Contract Administrator P. O. Box 9277 Corpus Christi, Texas 78469-9277 1201 Leopard St. Corpus Christi, Texas 78401 Fax # (361) 826-4464 IF TO CONTRACTOR: Contractor Name: Contact Person: Mailing Address: City, State, ZIP: Physical Address: City, State, ZIP: Fax #: 17. Month -to -Month Extension. If the City has not completed the procurement process and awarded a new Real Estate Brokerage Service Agreement upon expiration of the original contract term or any extension period, the Contractor shall continue to provide goods/services under this Agreement at the most current price, in accordance with the terms and conditions of this Agreement or extension, on a month-to-month basis not to exceed six months. Any month-to-month provision of goods/services by the Contractor under this Agreement automatically terminates on the effective date of a new contract. 18. Severability. Each provision of this Agreement is severable and if, for any reason, any provision or any part thereof is determined to be invalid and contrary to any applicable law, such invalidity shall not impair the operation of or 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 thereof had been omitted. 19. INDEMNIFICATION. CONTRACTOR SHALL INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE ON ACCOUNT OF DEATH, PERSONAL INJURIES, PROPERTY LOSS OR DAMAGE OR ANY OTHER KIND OF LOSS OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR 24 SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL REASONABLY SATISFACTORY TO INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SURVIVE THE EXPIRATION OR SOONER TERMINATION OF THIS AGREEMENT. CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Contractor: Signature: Printed Name: Title: Date: Incorporated by Reference: Exhibit A: Request for Proposal Event No. 64 (Available upon request) Exhibit B: Contractor's Proposal (Available upon request) 25 City of Carpu s sti SUPPLIER NUMBER TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST Corpus Christi Code § 2-349, 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 next page for Filing Requirements, Certification and Definitions. COMPANY NAME: The Clower Company, Inc. P. O. BOX: 2525 STREET ADDRESS: 415 Starr St. CITY: Corpus Christi STATE: Texas ZIP: 78403-2525 FIRM IS: 1. Corporation E. 2. Partnership 4. Association 5. Other 3. Sole Owner 0 DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name N/A Consultant 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: George B. Clower Title: Vice President (Type or Print) Signature of Certifying Person: DEFINITIONS Date: 9-3-15 a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. 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, whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. CITY OF CORPUS CHRISTI PURCHASING DIVISION BUSINESS DESIGNATION FORM ENSURE THIS FORM IS SUBMITTED WITH YOUR BID RESPONSE PLEASE INDICATE WHETHER YOUR COMPANY IS ANY ONE OF THE FOLLOWING: ❑ YES ® NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate: ❑ ASIAN PACIFIC ❑ BLACK ❑ HISPANIC ❑ NATIVE AMERICAN ❑ WOMAN Please visit the following website for information on becoming a Texas Certified HUB: http://www.window.state.tx.us/procurement/prog/hub/ ❑ YES ® NO - LOCAL SMALL BUSINESS (LSB) A for-profit entity employing less than 49 employees located within the City limits of Corpus Christi, Texas ❑ YES ❑ NO OTHER (PLEASE SPECIFY): THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE INFORMATION REQUESTED IN THIS FORM IS FOR STATISTICAL REPORTING PURPOSES ONLY AND WILL NOT INFLUENCE AWARD DECISIONS OR THE AMOUNT OF MONIES EXPENDED WITH ANY GIVEN COMPANY. EVENT NO: 64 Firm Name: The Clower Company Telephone: 361-880-4111 Ext. Address: P.O. Box 2525 Fax: 361-880-4118 City: Corpus Christi State: TX Zip: 78403-2525 E-mail: gbclower@aol.com i Date: 9-3-15 Signature of Person to Sign Form thorized Signer's Name: George B. Clower Title: Vice President (Please print or type) TEXAS ASSOCIATION OF REALTORS COMMERCIAL REAL ESTATE LISTING AGREEMENT EXCLUSIVE RIGHT TO SELL USE OF THIS FORM BY PERSONS WHO ARE NOT MEMBERS OF THE TEXAS ASSOCIATION OF REALTORS® IS NOT AUTHORIZED. ©Texas Association o1 REALTORS®, Inc. 2014 1. PARTIES: The parties to this agreement (this Listing) are: Seller: City of Corpus Christi, a Texas home -rule municipal corporation Address: P.O. Box 9277 City, State, Zip: Corpus Christi, Texas 78469-9277 Phone: Fax: E -Mail: Broker:The Clower Company, a Texas corporation Address: P.O. Box 2525 City, State, Zip: Corpus Christi, Texas 78403 PhOne:361-880-4111 Fax: 361-880-4118 E -Mail: gbclower@aol.com Seller appoints Broker as Seller's sole and exclusive real estate agent and grants to Broker the exclusive right to sell the Property. 2. PROPERTY: A. "Property" means the following real property in Texas: Address: City of CC - Surplus Park Lands City: Corpus Christi COUnty: Nueces Legal Description (Identify exhibit if described on attachment): See Exhibit "A" - Property descriptions attached hereto Zip: B. Except as otherwise provided in this Listing, Broker is to market the Property together with: (1) all buildings, improvements, and fixtures; (2) all rights, privileges, and appurtenances pertaining to the Property, including Seller's right, title, and interest in any minerals, utilities, adjacent streets, alleys, strips, gores, easements and rights-of- way; (3) Seller's interest in all leases, rents, and security deposits for all or part of the Property; (4) Seller's interest in all licenses and permits related to the Property; (5) Seller's interest in all third party warranties or guaranties, if transferable, relating to the Property or any fixtures; (6) Seller's interest in any trade names, if transferable, used in connection with the Property; and (7) all Seller's tangible personal property located on the Property that is used in connection with the Property's operations except: N/A (Describe any exceptions, reservations, or restrictions in Special Provisions or an addendum. If the Property is a condominium, attach Condominium Addendum to Listing (TAR -1401).) (TAR -1301) 4-1-14 Initialed for Identification by Seller and Broker/Associate Page 1 of 9 Computer generated using AutoContract 7 TM, from AutoReally, LLC, 1060 W. Pipeline, Suite 101, Burst, TX 76053, (800) 322-1178 LA - City of CC to TCC - Lake St. - 090315.w:rill Printed: 2:42:23 PM 9/3/2015 Commercial Listing concerning City of CC - Surplus Park Lands Corpus Christi 3. LISTING PRICE: A. Seller instructs Broker to market the Property at the following gross sales price: $ TBD (Listing Price). B. Seller agrees to sell the Property for the Listing Price or any other price acceptable to Seller. Seller will pay all typical closing costs charged to sellers of commercial real estate in Texas (seller's typical closing costs are those set forth in the commercial contract forms published by the Texas Association of REALTORS®) except N/A 4. TERM: A. This Listing begins on October 1st, 2015 and ends at 11:59 p.m. on April 30th, 2016 Seller may terminate this Listing on notice to Broker any time after January 31st, 2016 B. If Seller enters into a binding written contract to sell the Property before the date this Listing begins and the contract is binding on the date this Listing begins, this Listing will not commence and will be void. 5. BROKER'S FEE: A. Fee: When earned and payable, Seller will pay Broker a fee of: (1) 4.500% of the sales price. ❑ (2) N/A B. Earned: Broker's fee is earned when any one of the following occurs during this Listing: (1) Seller sells, exchanges, agrees to sell, or agrees to exchange all or part of the Property to anyone at any price on any terms; (2) Broker individually or in cooperation with another broker procures a buyer ready, willing, and able to buy all or part of the Property at the Listing Price or at any other price acceptable to Seller; (3) Seller grants or agrees to grant to another person an option to purchase all or part of the Property; (4) Seller transfers or agrees to transfer all or part of Seller's interest (stock or shares) in any entity that holds title to all or part of the Property for the purpose of conveying all or part of the Property to another person; or (5) Seller breaches this Listing. C. Payable: Once earned, Broker's fee is payable either during this Listing or after it ends at the earlier of: (1) the closing and funding of any sale or exchange of all or part of the Property; (2) Seller's refusal to sell the Property after Broker's Fee has been earned; (3) Seller's breach of this Listing; or (4) at such time as otherwise set forth in this Listing. Broker's fee is not payable if a sale of the Property does not close or fund as a result of: (i) Seller's failure, without fault of Seller, to deliver to a buyer a deed or a title policy as required by the contract to sell; (ii) loss of ownership due to foreclosure or other legal proceeding; or (iii) Seller's failure to restore the Property, as a result of a casualty loss, to its previous condition by the closing date set forth in a contract for the sale of the Property. (TAR -1301) 4-1-14 Initialed for Identification by Seller and Broker/Associate Page 2 of 9 Computer generated using AutoContract 7 TM from AutoRealty, LLC, 1060 W. Pipeline, Suite 101, Hurst, TX 76053, (800) 322-1178 LA - City of CC to TCC - Lake St. - 090315.aw,Y Printed: 2:42:24 PM 9/3/2015 Commercial Listing concerning City of CC - Surplus Park Lands Corpus Christi D. Other Fees: (1) Lease of Property: If, during this Listing, Broker procures a tenant to lease all or part of the Property and Seller agrees to lease all or part of the Property to the tenant, Seller will pay Broker at the time the lease is executed the fee described below. If, during the term of the lease, the tenant agrees to purchase all or part of the Property, Seller will pay Broker the fee specified in Paragraph 5A in addition to the amount described below. ❑ (a) TBD% of all base rents to be paid over the term of the lease and the same percentage of the following items to be paid over the term of the lease: ❑ expense reimbursements; and ❑ (b) N/A (2) Renewals, Extensions, or Expansions of Property: If, during this Listing or after it ends, Seller renews, extends, or expands the lease, Seller will pay Broker, at the time the renewal, extension, or expansion becomes effective, a fee of: ❑ (a) N/A % of all base rents to be paid over the term of the renewal or extension and the same percentage of the following items to be paid over the same term: ❑ expense reimbursements based on initial amounts ❑ ❑ (b) N/A % of all base rents to be paid over the term of the expansion and the same percentage of the following items to be paid over the same term: ❑ expense reimbursements based on initial amounts ❑ N/A ; or ❑ (0) N/A In addition to their ordinary meanings, "extensions, "renewals," and "expansions" include new leases for more, less, or different space in the building or complex in which the property is located. (3) Breach by Buyer Under Contract: If Seller collects earnest money, the sales price, or damages by suit, compromise, settlement or otherwise from a buyer who breaches a contract for the sale of all or part of the Property entered into during this Listing, Seller will pay Broker, after deducting attorney's fees and collection expenses, an amount equal to the lesser of one-half of the amount collected after deductions or the amount of the Broker's Fee stated in Paragraph 5A. Any amount paid under this Paragraph 5D(3) is in addition to any amount that Broker may be entitled to receive for subsequently selling the Property. (4)Service Providers: If Broker refers Seller or a prospective buyer or tenant to a service provider (e.g., mover, cable company, telecommunications provider, utility, or contractor) Broker may receive a fee from the service provider for the referral. Any referral fee Broker receives under this Paragraph 5D(4) is in addition to any other compensation Broker may receive under this Listing. (5)Other Fees and/or Reimbursable Expenses: N/A E. Protection Period: (1) "Protection period" means that time starting the day after this Listing ends and continuing for 90 days. (TAR -1301) 4-1-14 Initialed for Identification by Seller and Broker/Associate Page 3 of 9 Computer generated using A,AoContmci 7 "', from AutoReally, LLC, 1060 W. Pipeline, Suite 101, Hurst, TX 76053, (800) 322-1178 LA - City of CC to TCC - Lake St - 090315.axni Printed: 2:42:25 PM 9/3/2015 Commercial Listing concerning City of CC - Surplus Park Lands Corpus Christi (2) Not later than 10 days after this Listing ends Broker may send Seller written notice specifying the names of persons whose attention Broker has called to the Property during this Listing. If Seller agrees to sell or lease all or part of the Property during the protection period to a person named in the notice or to a relative or business associate of a person named in the notice, Seller will pay Broker, upon the closing of the sale or upon execution of the lease, the amount Broker would have been entitled to receive if this Listing were still in effect. (3) "Person" means any person in any capacity whether an individual or entity. "Sell" means any transfer of any interest in the Property whether by agreement or option. (4) This Paragraph 5E survives termination of this Listing. F. County: All amounts payable to Broker are to be paid in cash in Nueces County, Texas. G. Escrow Authorization: Seller authorizes, and Broker may so instruct, any escrow or closing agent authorized to close a transaction for the purchase or acquisition of the Property to collect and disburse to Broker all amounts payable to Broker under this Listing. NOTICE: Under Chapter 62, Texas Property Code, Broker is entitled to claim a lien against the Property to secure payment of an earned commission. 6. EXCLUSIONS: A. Under a prior listing agreement Seller is obligated to pay another Texas licensed broker a fee if Seller sells or leases all or part of the Property before None to any of the following persons: (named exclusions). B. If Seller enters into a contract to sell or lease all or part of the Property to a named exclusion before the date specified in Paragraph 6A, Seller will not be obligated to pay Broker the fees under Paragraph 5 of this Listing, but Seller will pay Broker, upon the closing of the sale or upon execution of the lease, a fee equal to: (1) % of the sales price if Seller sells the Property; (2) % of all base rents to be paid over the term of the lease if Seller leases the Property and the same percentage of the following items to be paid over the term of the lease: ❑ expense reimbursements; ❑ ; and (3) N/A C. If Seller enters into a contract to sell or lease all or part of the Property to a named exclusion, Broker will ❑ will not assist Seller in negotiating and closing the sale or lease to the named exclusion. 7. ACCESS TO THE PROPERTY: Authorizing access to the Property means giving permission to another person to enter the Property, disclosing security codes necessary to enter the Property to such person, and lending a key to the Property to such person. To facilitate the showing and sale of the Property, Seller instructs Broker and Broker's associates to: (i) access the Property at reasonable times; (ii) authorize other brokers, inspectors, appraisers, lenders, engineers, surveyors, and repair persons to enter the Property at reasonable times; and (iii) duplicate keys to facilitate convenient and efficient showings. 8. COOPERATION WITH OTHER BROKERS: Broker will allow other brokers to show the Property to prospective buyers. If the other broker procures a buyer who purchases the Property, Broker will offer to pay the other broker a portion of Broker's fee under Paragraph 5. (TAR -1301) 4-1-14 Initialed for Identification by Seller and Broker/Associate Page 4 of 9 Computer generated using AutoContract 7 n", from AutoRealty, LLC, 1060 W. Pipeline, Suite 101, Hirst, TX 76053, (800) 322-1178 LA - City of CC to TCC - Lake St. - 090315.axni Printed: 2:42:25 PM 9/3/2015 Commercial Listing concerning City of CC - Surplus Park Lands Corpus Christi 9. INTERMEDIARY: (Check A or B only.) t4 A. Intermediary Status: Broker may show the Property to interested prospective buyers or tenants who Broker represents. If a prospect who Broker represents offers to buy or lease the Property, Seller authorizes Broker to act as an intermediary and Broker will notify Seller that Broker will service the parties in accordance with one of the following alternatives. (1) If a prospect who Broker represents is serviced by an associate other than the associate servicing Seller under this Listing, Broker may notify Seller that Broker will: (a) appoint the associate then servicing Seller to communicate with, carry out instructions of, and provide opinions and advice during negotiations to Seller; and (b) appoint the associate then servicing the prospect to the prospect for the same purpose. (2) If a prospect who Broker represents is serviced by the same associate who is servicing Seller, Broker may notify Seller that Broker will: (a) appoint another associate to communicate with, carry out instructions of, and provide opinions and advice during negotiations to the prospect; and (b) appoint the associate servicing the Seller under this Listing to the Seller for the same purpose. (3) Broker may notify Seller that Broker will make no appointments as described under this Paragraph 9A and, in such an event, the associate servicing the parties will act solely as Broker's intermediary representative, who may facilitate the transaction but will not render opinions or advice during negotiations to either party. ❑ B. No Intermediary Status: Seller agrees that Broker will not show the Property to prospects who Broker represents. Notice: If Broker acts as an intermediary under Paragraph 9A, Broker and Broker's associates: • may not disclose to the prospect that Seller will accept a price less than the asking price unless otherwise instructed in a separate writing by Seller; • may not disclose to Seller that the prospect will pay a price greater than the price submitted in a written offer to Seller unless otherwise instructed in a separate writing by the prospect; • may not disclose any confidential information or any information Seller or the prospect specifically instructs Broker in writing not to disclose unless otherwise instructed in a separate writing by the respective party or required to disclose the information by the Real Estate License Act or a court order or if the information materially relates to the condition of the property; • may not treat a party to the transaction dishonestly; and • may not violate the Real Estate License Act. 10. CONFIDENTIAL INFORMATION: During this Listing or after it ends, Broker may not knowingly disclose information obtained in confidence from Seller except as authorized by Seller or required by law. Broker may not disclose to Seller any information obtained in confidence regarding any other person Broker represents or may have represented except as required by law. 11. BROKER'S AUTHORITY: A. Broker will use reasonable efforts and act diligently to market the Property for sale, procure a buyer, and negotiate the sale of the Property. B. In addition to other authority granted by this Listing, Broker may: (1) advertise the Property by means and methods as Broker determines is appropriate in any media, including but not limited to: (a) placing a "For Sale" sign or similar marketing sign on the Property; and (b) creating and placing information about the Property (including interior and exterior photographs or videos): (TAR -1301) 4-1-14 Initialed for Identification by Seller and Broker/Associate Page 5 of 9 Computer generated using AutoContract 7 TM, from AutoRea6y, LLC, 1060 W. Pipeline, Suite 101, Hurst, TX 76053, (800) 322-1178 LA- City of CC to TCC- Lake St. - 090315.axrri Printed: 2:42:26 PM 9/3/2015 Commercial Listing concerning City of CC - Surplus Park Lands Corpus Christi (i) on the Internet on Broker's website and on other websites as Broker determines; (ii) in any advertisements whether in print or electronic media; and (iii) into listing services that may publicize the information on the Internet or by other means; (2) reproduce, display, and distribute information about the Property, including the information described under Paragraph 11B(1), for the purposes of marketing the Property; (3) furnish comparative marketing and sales information about other properties to prospects; (4) disseminate information about the Property to other brokers and prospects, including applicable disclosures, notices, or other information that Seller is required to make under law or a contract; (5) obtain information from any holder of any note secured by a lien on the Property; (6) accept, in trust, any earnest money, option fee, security deposit, or other money related to the purchase or lease of the Property and deliver such money for deposit in accordance with a contract for the sale or lease of the Property; (7) disclose the sales price and terms of a sale or a lease to other brokers, appraisers, other real estate professionals, and any listing services into which information about the Property is placed; (8) place information about this Listing and a transaction for the Property on an electronic platform (an electronic platform is typically an Internet -based system where professionals related to the transaction, such as title companies and lenders, may receive, view, and input information); and (9) advertise that Broker "sold" or "leased" the Property after the closing of a sale or execution of a lease of the Property in which Broker was involved. NOTICE: Any submission of information to a listing service must be made in accordance with listing service's rules. C. Broker is not authorized to execute any document in the name of or on behalf of Seller concerning the Property. D. Photographs, videos, and compilations of information submitted to a listing service are the property of the listing service for all purposes. 12. REPRESENTATIONS: A. Except as provided otherwise in this Listing, Seller represents that: (1) Seller has fee simple title to and peaceable possession of the Property and all its improvements and fixtures thereon, unless rented, and the legal capacity to convey the Property; (2) Seller is not bound by a listing agreement with another broker for the sale, exchange, or lease of the Property that is or will be in effect during this Listing; (3) no person or entity has any right to purchase, lease, or acquire the Property by an option, right of refusal, or other agreement; (4) there are no delinquencies or defaults under any deed of trust, mortgage, or other encumbrance on the Property; (5) the Property is not subject to the jurisdiction of any court; (6) Seller owns sufficient intellectual property rights in any materials which Seller provides to Broker related to the Property (for example, brochures, photographs, drawings, or articles) to permit Broker to reproduce and distribute such materials for the purposes of marketing the Property or for other purposes related to this agreement; and (7) all information relating to the Property Seller provides to Broker is true and correct to the best of Seller's knowledge. B. Seller and Broker must disclose any known material defect in the Property to a prospective buyer. (Check only one box.) ❑ (1) Seller is not aware of any material defects to the Property except as stated in the attached Commercial Property Condition Statement (TAR -1408). Seller authorizes Broker to furnish prospective buyers and other brokers with a copy of the Commercial Property Condition Statement (TAR -1408). (TAR -1301) 4-1-14 Initialed for Identification by Seller and Broker/Associate Page 6 of 9 Computer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipeline, Suite 101, Hurst. TX 76053, (B00) 322-1178 LA - City of CC to TCC - Lake St. - 090315.axml Primed: 2:42:26 PM 8/3/2015 Commercial Listing concerning City of CC - Surplus Park Lands Corpus Christi (2) Except as otherwise provided in this Listing, Seller is not aware of: (a) any subsurface: structures, pits, wastes, springs, or improvements; (b) any pending or threatened litigation, condemnation, or assessment affecting the Property; (c) any environmental hazards or conditions that materially affect the Property; (d) whether the Property is or has ever been used for the storage or disposal of hazardous materials or toxic waste, a dump site or landfill, or any underground tanks or containers; (e) whether radon, asbestos containing materials, urea -formaldehyde foam insulation, lead-based paint, toxic mold (to the extent that it adversely affects the health of ordinary occupants) ,or other pollutants or contaminants of any nature now exist or have ever existed on the Property; (f) any wetlands, as defined by federal or state law or regulation, on the Property; (g) any threatened or endangered species or their habitat on the Property; (h) any present or past infestation of wood -destroying insects in the Property's improvements; (i) any contemplated material changes to the Property or surrounding area that would materially and detrimentally affect the ordinary use of the Property; (j) any material physical defects in the improvements on the Property; or (k) any condition on the Property that violates any law or ordinance. (List any exceptions to (a) -(k) in Special Provisions or an addendum.) 13. SELLER'S ADDITIONAL PROMISES: Seller agrees to: A. cooperate with Broker to facilitate the showing and marketing of the Property; B. not negotiate with any prospective buyer who may contact Seller directly, but refer all prospective buyers to Broker; C. not enter into a listing agreement with another Broker for the sale or exchange of the Property to become effective during this Listing; D. not enter into a listing agreement for the lease of all or part of the Property with another broker to become effective during this Listing without Broker's written permission; E. provide Broker with copies of the following, if any, relating to the Property: a current rent roll, all leases including any amendments, architectural plans and drawings, renderings, survey, a current operating statement, environmental inspection reports, engineering reports, and other relevant information that Broker may request during this Listing; F. advise Broker of any tenants moving in or out of the Property; G. complete any disclosures or notices required by law or a contract to sell the Property; H. amend any applicable notices and disclosures if any material change occurs during this Listing; and I. at Sellers expense, remove from the Property all: (1) "For Sale" (or similarly worded) signs other than Broker's signs; (2) "For Lease" (or similarly worded) signs from the Property unless the Property is listed for lease with another broker; and (3) "For Information" (or similarly worded) signs other than Broker's signs. 14. LIMITATION OF LIABILITY: A. If the Property is or becomes vacant during this Listing, Seller must notify Seller's casualty insurance company and request a "vacancy clause" to cover the Property. Broker is not responsible for the security of the Property nor for inspecting the Property on any periodic basis. B. Broker is not responsible or liable in any manner for personal injury to any person or for Toss or damage to any person's real or personal property resulting from any act or omission not caused by Broker, including but not limited to injuries or losses caused by: (1) other brokers, inspectors, appraisers, lenders, contractors, surveyors, engineers, and other persons who are authorized to access the Property; (2) acts of third parties (for example, vandalism or theft); (3) freezing or broken water pipes (4) a dangerous condition on the Property; and (5) the Property's non-compliance with any law or ordinance. (TAR -1301) 4-1-14 Initialed for Identification by Seller and Broker/Associate Page 7 of 9 Computer generated using AutoContract 7 "' from AutoRealty, LLC, 1060 W. Pipeline, Suite 101, Hurst, TX 76053, (800) 322-1178 LA - City of CC to TCC - Lake St. - 090315.axn1 Printed: 2:42:27 PM 9/3/2015 Commercial Listing concerning City of CC - Surplus Park Lands Corpus Christi C. Seller agrees to indemnify and hold Broker and Broker's associates harmless from any damages, costs, attorney's fees, and expenses: (1) that arise from Seller's failure to disclose any material information about the Property; (2) that are caused by Seller giving incorrect information to Broker, other brokers, or prospects; (3) that arise from any claim for misuse of intellectual property in any materials or information that Seller provided to Broker related to the Property or this agreement; or (4) that are otherwise caused by Seller or Seller's negligence. 15. SPECIAL PROVISIONS: All terms and conditions to be agreeable with the Owner. The property(s) are being sold in its "AS IS, WHERE IS" condition with any and all faults. The agreement shall include an option to extend for up to three (3) additional six-month periods subject to the approval of the listing broker and the City Manager. 16. DEFAULT: If Seller breaches this Listing, Seller is in default and will be liable to Broker for the amount of Broker's fee specified in Paragraph 5A and any other fees Broker is entitled to receive under this Listing. If a sales price is not determinable in the event of an exchange or breach of this Listing, the Listing Price will be the sales price for the purpose of calculating Broker's fee. If Broker breaches this Listing, Broker is in default and Seller may exercise any remedy at law. 17. MEDIATION: The parties agree to negotiate in good faith in an effort to resolve any dispute that may arise between the parties. If the dispute cannot be resolved by negotiation, the parties will submit the dispute to mediation. The parties to the dispute will choose a mutually acceptable mediator and will share the costs of mediation equally. 18. ATTORNEY'S FEES: If Seller or Broker is a prevailing party in any legal proceeding brought as a result of a dispute under this Listing or any transaction related to or contemplated by this Listing, such party may recover from the non -prevailing party all costs of such proceeding and reasonable attorney's fees. 19. ADDENDA: Addenda or information that are part of this Listing are: El A. Information About Brokerage Services (TAR -2501) if B. Property Description Exhibit identified in Paragraph 2 ❑ D. Commcrcial Property Condition Statcmcnt (TAR 1108) ❑ E. Information About On Sitc Scwcr Facility (TAR 1407) U F. Information about Special Flood Hazard Aroae (TAR 1111) ❑ G N/A 20. AGREEMENT OF THE PARTIES: A. Entire Agreement: This Listing is the entire agreement of the parties and may not be changed except by written agreement. B. Assignability: Neither party may assign this Listing without the written consent of the other party. C. Binding Effect: Seller's obligations to pay Broker an earned fee is binding upon Seller and Seller's heirs, administrators, executors, successors, and permitted assigns. D. Joint and Several: All Sellers executing this Listing are jointly and severally liable for the performance of all its terms. E. Governing Law: Texas law governs the interpretation, validity, performance, and enforcement of this Listing. (TAR -1301) 4-1-14 Initialed for Identification by Seller and Broker/Associate Page 8 of 9 Computer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipeline, Suite 101, Hurst, TX 76053, (800) 322-1178 LA - City of CC to TCC - Lake St - 090315.axn4 Printed 2:42:27 PM 9/3/2015 Commercial Listing concerning City of CC - Surplus Park Lands Corpus Christi F. Severability: If a court finds any clause in this Listing invalid or unenforceable, the remainder of this Listing will not be affected and all other provisions of this Listing will remain valid and enforceable. G. Partial Sales or Leases: If Seller sells or leases part of the Property before the date this Listing ends, this Listing will continue for the remaining part of the Property through the term of this Listing. H. Notices: Notices between the parties must be in writing and are effective when sent to the receiving party's address, fax, or e-mail specified in Paragraph 1. 21. ADDITIONAL NOTICES: A. Broker's fees or the sharing of fees between brokers are not fixed, controlled, recommended, suggested, or maintained by the Texas Association of REALTORS®, its local affiliates, or any listing service. Broker's fees are negotiable. B. The Property must be shown and made available to all persons without regard to race, color, religion, national origin, sex, disability, or familial status. Local ordinances and the National Association of REALTORS® Code of Ethics may provide for additional protected classes (e.g., creed, status as a student, marital status, sexual orientation, or age). C. If the Property contains a residential dwelling built before 1978, federal law requires the Seller to: (1) provide the buyer with the promulgated lead hazard information pamphlet (TAR -2511); and (2) disclose the presence of any known lead-based paint or lead-based paint hazards. D. Broker cannot give legal advice. This is a legally binding agreement. READ IT CAREFULLY. If you do not understand the effect of this Listing, consult your attorney BEFORE signing. Seller: City of Corpus Christi, a Texas home -rule municipal corporation By: By (signature): Printed Name: Title: Date: By: By (signature): Printed Name: Title: Date: (TAR -1301) 4-1-14 Computer generated using AutoContract 7 TM, from AutoRealty, LLC, 1060 W. Pipeline, Suite 101, Burst, TX 76053, (800) 322-1178 Broker: Broker / Company Name: The Clower Company, a Texas corporation 121,714'6. By (signature): � Printed Name: George - Clower Title: Vice President License No. 428055 Date: Page 9 of 9 LA- City of CC to TCC- Lake St. - 090315.awnl Printed: 2:42:28 PM 9/3/2015 EXHIBIT A —Property Descriptions TAR COMMERCIAL REAL ESTATE LISTING AGREEMENT EXCLUSIVE RIGHT TO SELL between the City of Corpus Christi and The Clower Company GROUP ONE San Carlos Park, 12650 Figueroa Tax ID# 2385-0390-0105 Legal: Farias G/ Grant, 2 Acres out of Tract 39, Corpus Christi, Nueces County, Texas Violet Park, 4301 Violet Tax ID# 4868-0001-0010 Legal: Martine Lots 1 thru 3, Block 1, Corpus Christi, Nueces County, Texas Willow Park, 11418 Willowood Tax ID# 9707-0000-0000 Legal: Willowood Unit 5-B, Corpus Christi, Nueces County, Texas GROUP TWO Cabra Park, 1323 W. Broadway Tax ID# 6403-0001-0040 Tax ID# 6403-0003-0090 Tax ID# 6403-0003-0095 Tax ID# 6403-0003-0160 Tax ID# 6403-0004-0010 Legal: Parker Lots 4, 5, & 6, Block 1A, Parker E 45' of Lot 9, W 90' of Lot 9, Lot 16, Block 3C less Por to ROW Parker Lot 1, Block 4D less Por to ROW, Corpus Christi, Nueces County, Texas Fountain Park, 4938 Moody Tax ID# 8949-0002-1000 Legal: Two Fountations Unit 2, 1.616 Acres, Corpus Christi, Nueces County, Texas Parklane Park, 4600 Arlene Tax ID# 4778-0005-0100 Legal: Margo Plaza Park Area Block 5, Corpus Christi, Nueces County, Texas GROUP THREE Acushnet Park, 6746 Aaron Tax ID# 1864-0001-0010 Legal: Country Club Estates #20, Lot 1, Block 1, Corpus Christi, Nueces County, Texas Congress Park, 4017 Capitol Tax ID# 1724-0006-0030 Legal: Congress Place Unit 2, Lot 3, Block 6, Corpus Christi, Nueces County, Texas Creekway Park, 7306 Prairie Dr. Tax ID# 1968-0003-0010 Legal: Creekway Lot 1, Block 3, Corpus Christi, Nueces County, Texas Penn Place 4302 Aaron Tax ID# 6567-0001-0250 Legal: Penn Place Subdivision, Lot 25, Block 1, Corpus Christi, Nueces County, Texas liPage- Exhibit A GROUP FOUR Durant Park, 6113 Durant Tax ID# 5338-0000-0020 Legal: Moore Blanche School Sub. Lot 2, 2.7 Acres, Corpus Christi, Nueces County, Texas Peary Park, 1750 Paul Jones Tax ID# 6528-0000-0400 Legal: Peary Place Unit 1 Park, Corpus Christi, Nueces County, Texas Ridgewood Park, 5730 Malden Tax ID# 7223-0005-0030 Legal: Ridgewood Unit 1, Lot 3, Block 5, Corpus Christi, Nueces County, Texas GROUP FIVE Mt. Vernon Park, 5151 McArdle Rd. Tax ID# 5427-0009-0000 Legal: Mt. Vernon Unit 3, 7.245 Acres Park, Corpus Christi, Nueces County, Texas 21 Page- Exhibit A Real Estate Brokerage Services Fee Schedule — Revised 7/30/2014 Groups and Property Address Acre(s) Commission Rate Additional Fees and Services Total Group Package Group One San Carlos Park, 12650 Figueroa, 2.00 4.5% None 4.5% Violet Park, 4301 Violet 1.55 Willow Park, 11418 Willowood 0.93 Group Two Cabra Park, 1323 W. Broadway 1.36 4.5% None 4.5% Fountain Park, 4938 Moody 1.62 Parklane Park, 4600 Arlene 1.95 Group Three Acushnet Park, 6746 Aaron 9.96 4.5% None 4.5% Congress Park, 4017 Capitol 1.96 Creekway Park, 7306 Prairie 0.89 Penn Place 4302 Aaron 1.67 Group Four Caribbean Park, 601 Mediterranean 4,08 4.5% None 4.5% Durant Park, 6113 Durant 2.70 Peary Park, 1750 Paul Jones 1.00 Ridgewood Park, 5730 Malden 5.04 Group Five 4.5% None 4.5% Mt. Vernon Park, 5151 McArdle 7.25 THE GLOWER CO. Brokerage • Development • Management MARKETING STRATEGY Prepared for the City of Corpus Christi Surplus Park Land - Event #64 by The Clower Company Commercial & Industrial Brokerage & Development 415 STARR ST. P.O. BOX 2525 CORPUS CHRISTI, TEXAS 78403-2525 361.880.4111 work 361.880.4118 Fax TEXAS • ARKANSAS MARKETING STRATEGY City of Corpus Christi Surplus Park Land —14 Parks Corpus Christi, Nueces County, Texas L MARKETING PROGRAMS OBJECTIVES The Clower Company's efforts in marketing the surplus park lands owned by the City of Corpus Christi being located throughout the city limits of Corpus Christi, Nueces County Texas, will be directed toward the following specific objectives: A. Evaluate the surplus park lands to determine the highest and best uses not only acceptable to the City of Corpus Christi, but marketable in its "as is" condition and present economic conditions; B. Expose the property to all logical local and state users and or investors who would be potential purchasers of the surplus park lands. II. STAFFING Tim and George B. Clower will be primarily responsible for the marketing of the property and will both serve as the project coordinators. They will report directly to the City Manager and or the designated personnel. A. Represent the best interests of the City of Corpus Christi in the marketing program; B. Coordinate and disseminate information to all designated within the local organization structure; C. Counsel with and make and/or receive recommendations on prospect ideas, deal making and deal closing with the City of Corpus Christi; D. Generally provide an avenue of direct communication between all potential Buyers and the City of Corpus Christi. Page 1 III. STATUS REPORT Brief monthly reports will be filed by the Clower Company, if required with the City of Corpus Christi. These reports will include a summary of the month's marketing activities and progress reports when and if applicable. A current file will be maintained and shall include a prospect sheet for each inquiry received by The Clower Company. At a glance, the sheet will show current status, call-backs, etc. If a transaction fails to materialize, the prospect sheet would include the reason why. This file will be available to the City Manager and or the designated personnel. IV. MISCELLANEOUS SALES PRESENTATIONS The local banks, local Chamber of Commerce's, local Builder's Association, Real Estate Association of Corpus Christi, surrounding Economic Development Corporations and various Trade Organizations. We propose to contact each of these groups in major Texas cities, making them aware of the City of Corpus Christi surplus park lands and the amenities they have to offer. V. COOPERATING BROKER'S PROMOTION The Clower Company realizes the importance of other commercial and industrial brokers in the real estate community and it is our intent to seek, encourage, and appreciate their cooperation to further insure the success of marketing the property. In this regard, the following is accomplished: A. B. Page 12 The Clower Company's list of real estate brokers, salesmen and members of the Society of Industrial and Office Realtors (SIOR), Certified Commercial Investment Members (CCIM) and International Council of Shopping Center Owners (ICSC), both locally and throughout the state, are reviewed and updated, if necessary, in order to insure that a current mailing list is available. Announcement information and brochures are provided to brokers in other specialties and any other organization that can assist with our marketing efforts. VI. SIGNS We propose to place numerous signs on the property announcing the availability of the property(s), if permitted by the City of Corpus Chrisit. The signs carry The Clower Company name, logo and telephone number in order to facilitate and service any and all inquiries. The signs will be designed and the cost entirely borne by The Clower Company. VIL SALES LITERATURE A. Data Sheets - In order to expedite dissemination of information about the property, we propose initially to prepare a basic one page data sheet to be mailed and/or faxed to all commercial and industrial brokers and salesmen, and to all potential users. By using this data sheet as an initial mailer, we affect double exposure and contact with each individual or firm to whom it is sent. The cost of the data sheet and all mailing costs shall be entirely borne by The Clower Company. B. Brochures - A brochure and/or information sheet will be prepared and specifically designed to show the property. A letter detailing terms will accompany the brochure in mailings to potential users and brokers. The cost of the brochures will be entirely borne by The Clower Company. C. Internet - The property(s) sales information will be placed on certain commercial real estate web sites, for example Loopnet and or CoStar, which will enable the properties to be viewed and marketed to potential Buyers and/or their Broker representatives throughout the United States, looking to locate to the Corpus Christi trade area. VIII. MAILING The project coordinator will be responsible for maintaining a current mailing, email, and fax list. He will bear primary accountability for the mailing program and will also be accountable for seeing that any inquiries coming from the Page 1 3 mailings, emails or faxes are properly responded to, either by himself or other associates. The mailing, email and fax list will be initially started and then continually increased to concentrate on identifying and contacting those segments of the marketplace that are most logical prospects for this property. A. All individual and corporate real estate investors known to The Clower Company; B. Specific logical firms and/or management companies who could utilize one or more of the properties, whether local, regional, national or international; C. Cooperative brokers; D. Dallas, Houston, San Antonio, Austin, Laredo, Lower Rio Grande Valley and Victoria Chambers of Commerce; E. Members of the Society of Industrial and Office Realtors (SIOR), Certified Commercial Investment Members (CCIM), Association of Builders and Contractors (ABC) and the International Council of Shopping Centers (ICSC) both locally and throughout the state. F All local governmental agencies including the Corpus Christi Independent School District; G. Surrounding property owners; A coordinated direct follow-up program will be instituted with the mailing program so as to maximize the effectiveness of all mail -outs. IX. PERSONAL CALLS The project coordinator is responsible for seeing that personal calls are made by representatives and associates of The Clower Company in the logical market area. These personal calls will be programmed on a priority basis with those users Page 1 4 felt to be the most logical prospects being contacted first. These personal calls will be reported on a regular basis, as called for Under Paragraph "III." of this marketing program. X. REGISTRATION OF CLIENTS The registration of clients is a very delicate subject and must be accomplished in a very professional manner in order to effectively serve a client. The Clower Company recognizes the value of co-op brokers who truly represent a client and, therefore, will honor a registry if: A. Client designates exclusive broker by letter; and, B. Broker introduces client personally to project coordinator. XL AL WAYS THERE The Clower Company will be available 7 days a week, 24 hours a day to insure prompt responses to interested parties requests and to show the surplus park lands to Potential Buyers at their convenience, if necessary. XII. CONCLUSION The marketing of these properties is a major undertaking and with the amount of time, effort and money which will be expended in obtaining Buyers, it is necessary for The Clower Company to be given the exclusive listing. For this listing we agree to work diligently to dispose of these assets in a timely manner. Page 15 GROUP PARK NAME ADDRESS MARKETING STRATEGY City of City of Corpus Christi Surplus Park Land - 14 Sites ACREAGE FUTURE LAND D THE CLOWER CO. Brokerage • Development • Management 1 San Carlos Park 12650 Figueroa 2 LDR This property would be marketed to the adjoining property Owner and to surrounding Owners in the immediate vicinity looking to have a large residential lot or lots. 1 Violet Park 4301 Violet 1.55 LDR/COMM This property would be marketed to the adjoining property Owner. The property would also be marketed to local businesses as well since it can be a commercial site. 1 Willow Park 11418 Willowood 0.93 LDR This property would be marketed to the original home builder, as well as other home builders who have constructed homes in this quadrant of CC. This is a residential site only. 2 Cabra Park 1323 W. Broadway 1.36 MDR This property would be marketed to the surrounding property Owners in the immediate area including the POCCA. The site lends itself to be repurposed for other than residential use. 2 Fountain Park 4938 Moody 1.62 LDR This property would be marketed to the surrounding property Owners in the immediate area, as well as developers looking to construct a smaller floor plan similar to the existing homes. 2 Parklane Park 4600 Arlene 1.95 LDR This property would be marketed to the surrounding property Owners as well as certain builders looking to building on 4 lots after replatted. This is a residential site only. 3 Acushnet Park 6746 Aaron 9.96 LDR Due to the size of this tract, this site would be marketed to subdivision developers willing to replat the property. This is a residential site only. 3 Congress Park 4017 Capitol 1.96 MDR/LDR This property would be marketed to the existing apartment Owner which surrounds the property, as well as other small multifamily and/or townhomes developers. Page 2 - City of CC - Surplus Park Land - Marketing Strategy 3 Creekway Park 7306 Praire 0.89 LDR This property would be marketed to home builders in the area as well as the surrounding property Owners. This is a residential site only. 3 Penn Place 4302 Aaron 1.67 LDR Due to the size and configuration of this site, the property would be marketed to the CCISD for future expansion purposes. CCISD is the logical Buyer for this site. 4 Durant Park 6113 Durant 2.7 LDR This property would be marketed to the adjoining property Owner to the east to increase his acreage size, as well as the CCISD. This is a residential site only. 4 Peary Park 1750 Paul Jones 1 LDR This property would be marketed to home builders looking to develop small residential lots. This is a residential site only. 4 Ridgewood Park 5730 Malden 5.04 LDR/MDR Due to the size of this site, it would be marketed to home builders and small subdivision developers. The immediate corner would be used for commercial, but residential is ideal. 5 Mt. Vernon Park 5151 McArdle Rd. 7.25 LDR/COMM This property would be marketed to the adjoining property Owners as well as multi family and commercial developers. This property could be used for commmercial or multifamily 39.88 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting of November 27, 2018 DATE: November 13, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG(c�cctexas.com (361) 826-1718 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Amendment to Uniformed Security Guard Service Agreement CAPTION: Motion authorizing an amendment to Service Agreement No. 830 for additional security guard services at O. N. Stevens Water Treatment Plant with BasE Security and Fire Consultants, LLC, of Rosenberg, Texas, in the amount not to exceed $208,269.25 for a total revised amount not to exceed $1,968,755.50. PURPOSE: The purpose of this agenda item is to increase the hours of Level 2 security guards at O. N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The contract hours requested by the Utilities Department originally for this service was 2,470 hours per contract year. However, the water treatment plant had a need to add the services of Level 2 security guards at O. N. Stevens Water Treatment Plant, including a guard posted at the Contractor Entrance on Hearn Road, with such additional services beginning on April 1, 2017 and lasting for the remaining term of the agreement. Additional security coverage is required by Homeland Security, at the water treatment plant, due to a construction project underway. ALTERNATIVES: None OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statues regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2018-2019 Current Year Future Years TOTALS Budget $1,157,862.94 $0.00 $1,157,862.94 Encumbered / Expended Amount $371,300.53 $0.00 $371,300.53 This item $208,269.25 $0.00 $208,269.25 BALANCE $578,293.16 $0.00 $578,293.16 Fund(s): Water Fund Comments: RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement No. 830 for Uniformed Security Guard Services Amendment No. 6 Amendment City of Corpus Christi Purchasing Division Date: October 30, 2018 Service Agreement No.: 830 — Uniformed Security Guard Services Reference: RFP 152 Service Agreement Current Value: $1,760,486.25 Amendment No. 6 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and BasE Security and Fire Consultants, LLC, Rosenburg, Texas, hereinafter referred to as the Contractor, do hereby make and enter into this Amendment No. 6 (the' -Amendment") which, together with the Service Agreement No. 830 (the "Agreement") and all other duly executed amendments, constitutes the entire agreement under the above -referenced Service Agreement between the City and the Contractor. Section 3. Compensation and Payment in the Agreement is hereby amended to increase the hours at the O. N. Stevens Water Treatment Plant for an additional value not to exceed $208,269.25 for a total value not to exceed $1,968,755.50. 11. Attachment B of the Agreement is hereby amended to add the additional services of Level 2 Security Guards at O.N. Stevens Water Treatment Plant, including a guard posted at the Contractor Entrance on Hearn Road, with such additional services beginning on April 1, 2017 and lasting for the remaining term of the Agreement as follows: Item Description Quantity Unit Unit Price Total Price 5.2 Additional Level 2 Security Guards posted at O.N. Stevens Water Treatment Plant — Standard Hours — Total for Term from 4/1/2017 to 10/31/2019 13,895 HRS $14.75 $204,951.25 5.3 Additional Level 2 Security Guards posted at O.N. Stevens Water Treatment Plant — Overtime Hours — Total for Term from 4/1/2017 to 10/31/2019 150 HRS $22.12 $3,318.00 Total $208,269.25 The Contractor and the City agree to and shall abide by all terms and conditions of the original Service Agreement and any Amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. i l?" Sra Basile Date Kim Baker Date BasE Security and Fire Consultants, LLC Asst. Director of Financial Services City of Corpus Christi, Texas APPROVED AS TO LEGAL FORM: Assistant City Attorney Date SERVICE AGREEMENT No. 830 Uniformed Security Guard Services THIS Uniformed Security Guard Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and BasE Security & Fire consultants, LLC. ("Contractor), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Uniformed Security Guard Services in response to Request for Bid/Proposal No. 152 ("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, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Uniformed Security Guard Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 1. 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. This Agreement includes an option to extend the term for up to two additional 12 -month periods ("Option Period"), provided, the parties do so prior to expiration of the original term or the then -current Option Period. The decision to exercise the option to extend the term of this Agreement is, at all times, within the sole discretion of the City and is conditioned upon the prior written agreement of the Contractor and the City Manager. 3. Compensation and Payment. The total value of this Agreement is not to exceed $586,828.75, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Corpus Christi International Airport and O.N. Stevens work will all be authorized by Task Order. Task Orders will be issued for the work needed. No work will be performed without a Task Order. The Task Order will authorize a not to exceed amount for the Services at the price per hour outlined in this Agreement. Page 1 of 12 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: Marc Harrod, Senior Officer City Hall Liaison Officer 361-826-1751 MarcH@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 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 Page 2 of 12 bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Page 3 of 12 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: Senior Officer Marc Harrod City Hall Liaison Officer 1201 Leopard St. Corpus Christi, TX 78401 361-826-3697 IF TO CONTRACTOR: BasE Security & Fire Consultants, LLC. Attn: Sandra S. Basile Owner 24301 Brazos Town Xing 500-9 Rosenberg, TX 77471 Fax: (832) 595-1123 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED Page 4of12 THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments A -C B. the solicitation document, including addenda (Exhibit 1) C. the proposers proposal attachment D Page 5 of 12 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. 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. 24. 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 6 of 12 CONTRACTOR Signature: Printed Name:-wN,^_ya Title: Date: £J 101(0 CITY OF CORPUS CHRISTI Signature: � 4_Q12 -._a_."--? 5 Printed Name: Title: 't`'v-o `ter Date: i I -z / Le ATTEST: k)Ctle.t/e..-C,. • tAt- REBECCA HUERTA CITY SECRETARY Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance/Bond Requirements Attachment D: Proposers Proposal Incorporated by Reference Only: Exhibit 1: RFP No. 152 Approved as to form: /C i;j4,e.11 P.ritCA By T t,cK Assistant city Attorney ig@r City Attorney Page 7 of 12 Attachment A - Scope of Work 1. General Requirements (All Facilities): A. The Contractor shall provide all uniformed security guard services, "on-site" monitoring of various City Facilities as specifically outlined for each facility. Requirements for patrolling these areas shall be as outlined in this Scope of Work. B. Type of Security - The "Lead" Security Guard and one Back -Up Security Guard assigned to City Hall shall be armed with a firearm. Other Security Guards are forbidden to carry any type of firearm, visible or concealed except where otherwise specified for the specific facilities outlined in this scope of work. Any nightstick, baton, billy club, flashlight, or other device which might be construed as a protective weapon which the Contractor may wish the Security Guard to carry, must be specifically approved in advance by the Contract Administrator. C. Identification - Contractor must provide all Security Guards a certified identification card. Security Guards, supervisors, and any employee of the Contractor shall be required to wear a Contractor -provided photo identification card at all times. Contractor shall provide to the Contract Administrator a list containing the names and a passport -size photograph of each Security Guard assigned to duty. Contractor shall keep such list with photographs current at all times. No "trainees" will be allowed in place of Security Guards. D. Experience - "Lead" Security Guards assigned to duty at City Hall must have a minimum of three years' of experience as a Security Guard or Law Enforcement Officer and be a commissioned Level 3 Uniformed Security Guard. Back-up Security Guards assigned to City Hall must have a minimum of one year experience as a Security Guard or Law Enforcement Officer and be a commissioned Level 3 Uniformed Security Guard. Guards assigned to other City facilities must have six months experience as a Security Guard or Law Enforcement Officer and be a Level 2 Uniformed Security Guard, and must have been employed by Contractor for a minimum of six months. Contractor must provide Contract Administrator proof of years of experience. The Contract Administrator reserves the right to waive these requirements if Contractor can provide "good reason" concerning experience or time employed. E. Drug Testing - Contractor must use a drug testing laboratory certified by the Federal Substance Abuse & Mental Health Services Administration of the United States Department of Health and Human Services and must follow United States Department of Transportation Procedures identified in 49 Code of Federal Regulation, Part 40. Moreover, chain -of -custody procedures will be followed to account for the integrity of each specimen by tracking its handling and storage from point of specimen collection to final disposition of the specimen. Each specimen submitted for testing will be assayed for the presence of the following compounds: EMIT SCREEN GC/MS CONFIRMATION DETECTION LEVEL DETECTION LEVEL DRUG GROUP ng/ml' ng/ml" Amphetamines 500 250 Barbiturates 300-1000** 200 Benzodiazepines 300 200 Cocaine Metabolites 150 100 Marijuana Metabolites 50 15 Methadone 300 200 Methaqualone 300 200 Opiate Metabolites 300 300 Phencyclidine 25 25 Propoxyphene 300 200 * nonograms/milliliter ** The limit of detection varies according to the specific drug and/or metabolite(s) present. Contractor shall conduct drug testing prior to assignment and placement and will conduct random drug tests, in compliance this scope of work, on all Security Guards assigned to duty. Contractor shall review all drug tests. Any employee of the Contractor failing a drug test shall not be assigned to duty. Contractor will provide the written results of any drug test within 24 hours of City's request for same. F. Background Checks - At Contractor's expense, and as a prerequisite to placement, Contractor shall perform background and credit investigations on every Lead Security Guard and Back-up Security Guard and furnish the results of same to the Contract Administrator, or designee, who will determine each prospective guard's eligibility for placement with the City, prior to Contractor making placement. Contractor's failure to provide written proof, acceptable to the Contract Administrator, that the above-described background and credit checks were conducted for each Lead Security Guard and Back-up Security Guard prior to placement and are favorable for placement, shall result in the City deducting $500, for each such unauthorized placement, from the invoice applicable to the month in which such unauthorized placement(s) was/were made. Credit Investigations - All credit investigations shall be conducted on a national basis and shall reflect "Actual" credit history. For those prospective Lead Security Guards and Back-up Security Guards who have resided solely in the State of Texas for the ten years immediately preceding their placement with the City, the Contractor need only conduct a State of Texas background check which shall consist of a search for criminal convictions at the state level and in those counties in which said employee has resided. For those prospective Lead Security Guards and Back-up Security Guards who have resided outside the State of Texas at any time and for any duration of time during the ten years immediately preceding placement with the City, the Contractor shall conduct a national background check which shall consist of a search of the following for criminal convictions: federal records and records of the states and counties/parishes in which said prospective Lead Security Guards and Back-up Security has resided in the ten years immediately preceding placement with the City. All background checks shall search for criminal convictions and Also -Known -As (AKA). Security Guards must also comply with all Police Department security checks. An employee of the Contractor failing a background or Police Department check or who, in the opinion of the Contractor or the City, has an abnormally high debt -to -earnings ratio, shall not be assigned to duty at any City facility. G. Smoke Free - All City Facilities are "Smoke Free" buildings. Therefore, no smoking is allowed by employees, contractors, vendors, visitors or anyone within the building, including Contractor's employees. H. Training/Customer Service - All Security Guards assigned to duty shall be trained and undergo periodic refresher training in the following areas: (1) Red Cross -Certified First Aid procedures and resuscitation. Procedures including the use of cardio -pulmonary resuscitation (CPR) and the Heimlich maneuver. Proof of training for each assigned Security Guard must be submitted to the Contract Administrator. (2) Communication procedures including the use of portable two-way radio equipment and cellular telephones. (3) Police procedures in: public relations, facility security, personal safety, emergency management, personal assaults, disorderly conduct, public intoxication, juvenile delinquency, patrolling and surveillance and reporting techniques. (4) The Contractor will make sure all Security Guards are trained to write and maintain daily reports, including, but not limited to, those detailed in this scope of work. Security Guards will be trained to document activities or problems in City Facilities, as well as, properly complete accident or incident reports covering mishaps, unusual events, unexpected occurrences, and the like. 2. Contract Employees (All Facilities): Contractor's Security Guards and Supervisors will conduct themselves in a businesslike and professional manner at all times. The Contractor expressly agrees to remove from duty any Security Guard whose continued employment is deemed by the Contract Administrator to be contrary to the public interest or inconsistent with the best interest of the City. 3. Identification of Contract Employees (All Facilities): All of Contractor's employees regularly employed as Security Guards or in the direct supervision of Security Guards under this Contract shall be identified by a distinctive uniform complete with photo badge and name tag identifying each employee individually. 4. Pre -Performance Conference (All Facilities): Prior to commencing work under the Contract, the Contractor shall meet in conference with the Contract Administrator to develop mutual understandings relative to this contract and to provide for a smooth assumption of duties. 5. Damage or Loss of Property (All Facilities): The Contractor is responsible for taking action to protect City supplies and equipment and the personal property of its employees from loss, theft, damage, or tampering. 6. Invoicing Instructions (All Facilities): Contractor's invoices will be submitted to the Contract Administrator within five working days following the end of each calendar month in which services are performed. Upon verification of the work performed and charges, the Contract Administrator will process the invoices for payment. 7. Emergency Procedures (All Facilities): Contractor shall be thoroughly familiar with the fire prevention systems and Emergency Procedures Manuals for all Facilities. The Contractor and each Security Guard shall observe and enforce all building Fire and Safety regulations including but not limited to those regarding smoking and shall be cognizant of and observe all requirements for handling and storage of combustible waste, trash, etc. Contractor shall promptly report all infractions of these rules and requirements to the Contractor Administrator. 8. Contractor Quality Control (All Facilities): 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 to the extent that a senior officer of the Contractor will personally visit and inspect the on duty Security Guard randomly and not less than once during each day time shift. These visits will be recorded in the Daily Log kept by the Security Guard. All new Security Guards duties will be personally supervised by a Lead Security Guard or other experienced person for not less than the initial 16 hours the new Security Guard is on duty, to familiarize the new Security Guard with building systems and procedures before assuming independent duty. At least twice annually, the Contractor will conduct a comprehensive inspection of security operations, requirements, and weaknesses or problems. The results of this inspection will be compiled in a formal report, a copy of which will be given to the Contract Administrator, twice annually. The report will highlight current Contract performance and recommended solutions will be provided for any perceived problem areas. 9. City Quality Assurance (All Facilities): All phases of the services rendered under this Contract are subject to the inspection and approval of the Contract Administrator. If the Contractor's overall performance is unsatisfactory, the Contract Administrator will so notify the Contractor in writing. The Contractor shall reply to such notice in writing within three working days with an outline or plan of corrective action which must be acceptable to the Contract Administrator, or designee. Contractor's continued unsatisfactory performance shall be sufficient cause for termination of this contract. 10. Facility Specific Requirements: A. City Hall Specific Requirements: Services will be provided at City Hall located at 1201 Leopard Street, Corpus Christi, Texas. Security services for City Hall apply to all spaces contained within the City Hall building, including, but not necessarily limited to: screening of visitors to City Hall through the walk through metal detector or hand wand. Checking for identification cards of city employees that enter through the public entrance. Monitoring several security cameras that are placed in and around the building, patrolling of atriums, halls, restrooms, office spaces, work areas, conference rooms, public meeting areas, entranceways, lobbies, storage areas, elevators and stairways. Also included are patrolling of those parking areas, porches and walkways, drives and the Remote Utilities Depository Building immediately adjacent to and serving the City Hall complex. Security Access Systems and City Hall Fire Alarm Systems as described herein. B. Frost Bank Specific Requirements: Services will be provided at the Frost Bank Building located at 2406 Leopard Street, Corpus Christi, Texas. The Frost Bank Building also functions as the Emergency Operations Center (EOC) in the event of a disaster. The Contractor shall provide all uniformed Security Guard Surveillance, Security Services, "on-site" monitoring of the Frost Building Security Access Systems and Fire Alarm Systems, as described herein. Security services apply to all spaces contained within the Frost Bank Building, Corpus Christi, Texas, including, but not necessarily limited to: patrolling of halls, restrooms, office spaces, work areas, conference rooms, public meeting areas, entranceways, lobbies, storage areas, elevators and stairways. Also included are patrolling of parking areas, stairwells, porches and walkways, and drives. Requirements for patrolling these areas shall be as outlined in this scope of work. C. Juvenile Assessment Center (JAC) Specific Requirements: Services apply to all spaces contained within the JAC located in the Wilson Plaza Building at 615 Leopard Street, Suite 105, Corpus Christi, Texas including, but not limited to halls, restrooms, office spaces, work areas, public meeting areas, entranceways, lobbies, and storage areas. Also included is the parking area and walkway immediately outside the night-time entry door to the JAC. On-site surveillance services shall be limited to include working with on-site building security staff on the monitoring, verification and notification of alarms to the appropriate authorities. The Contractor shall be responsible for (a) the follow-up communication with building security on any signal from the installed building alarm system which shall be maintained by the Wilson Plaza Building and monitored by its own security staff; (b) notification of the activated alarm as it affects the JAC to the Community Services Superintendent and/or designee during normal or overnight working hours; and (c) ensuring all personnel and visitors to the JAC are safely evacuated from the building as required. Services for the JAC will include, but are not limited to, patrolling the interior and immediate exterior of the office suite to monitor for fire, theft, vandalism, irregular behavior, and unsafe conditions; advising patrons of the posted rules of conduct; opening the office suite in the morning and securing the office suite at the end of the day by ensuring all exit entries are locked; ensuring staff and patrons have cleared the office suite at closing time and, if requested, are safely escorted to their vehicles; and providing public with general directional information. D. Libraries Specific Requirements: The Libraries to be covered by these Services are as follows: La Retama Central Library located at 805 Comanche, Corpus Christi, Texas Ben F. McDonald Public Library located at 4044 Greenwood, Corpus Christi, Texas Dr. Clotilde P. Garcia Public Library located at 5930 Brockhampton, Corpus Christi, Texas Janet F. Harte Public Library located at 2629 Waldron Road, Corpus Christi, Texas Services apply to all spaces contained within the Libraries, including, but not limited to: halls, restrooms, office spaces, work areas, public meeting areas, entranceways, lobbies, storage areas, elevators, and stairways. Also included are parking lots, walkways, drives and the book depository immediately adjacent to and/or servicing the Libraries. On-site surveillance services shall include monitoring, verification and relay to appropriate authority all Fire, Police, security and other emergency alarms contained within the building. Response time for Fire Alarms shall be immediate and for Police and emergency security or panic alarms shall be not more than three minutes. Contractor shall be responsible for (a) the reception of a readily detectable signal from installed building alarm system which shall be maintained by the Libraries; (b) notification of the activated alarm to Contractor owned facilities; (c) discrimination of the type of alarm received as to Fire or security; (d) verification insofar as possible of the validity of the alarm; and (e) relay of the alarm to the appropriate agency, within the specified time limits; (f) two way communications between the uniformed security guard and staff at the public service desk. Security services for La Retama Central Library will include, but are not limited to: patrolling the interior and exterior of the building to monitor for fire, theft, vandalism, irregular behavior, and unsafe conditions; advising patrons of the posted rules of conduct; securing the building at closing by: ensuring that patrons and staff have cleared the building at closing, activating security alarm and ensuring that staff reach their vehicles safely at closing. Services for the Ben F. McDonald Public Library, Dr. Clotilde P. Garcia Public Library and Janet F. Harte Public Library will include, but are not limited to: patrolling the interior of the building to monitor for fire, theft, vandalism, irregular behavior, and unsafe conditions; advising patrons of the posted rules of conduct; ensuring that patrons and staff have cleared the building at closing and ensure that staff reach their vehicles safely at closing. At all locations: if the security guard suspects that a situation could escalate as to endanger employees, visitors or anyone in the Library, the security guard shall immediately call the Corpus Christi Police Departments 911 for assistance, the immediacy depending upon the situation encountered. The security guard will record incidents in a daily log and inform Library staff of incidents. E. O.N. Stevens Water Treatment Plant Specific Requirements= Services will be provided on an as needed basis at the O.N. Stevens Water Treatment Plant located at 13101 Up River Road, Corpus Christi, Texas. Task Orders will be issued for Security Guards at the O.N. Stevens Water Treatment Plant when the need arises for these services. Security Guard services apply to personnel and visitor monitoring of gate located on Hearn Road. F. Airport Specific Requirements: Services will be provided on an as needed basis at the Airport located at 1000 International Drive, Corpus Christi, Texas. Task Orders will be issued for Security Guards at the Airport when the need arises for these Services. Security Guards will patrol outside the buildings, outside parking areas, and man stationary gate checkpoints. Specific duties include checking the identity of driver's license of personnel wanting to enter secured areas of the airport, searching vehicles, and prohibiting unauthorized vehicles form parking in the proximity of the terminal building. While providing security services for events, the Security workers may be expected to guard against unauthorized entry and direct traffic in the parking areas. Many of these duties will involve public contact, therefore it is important that Security Workers be of good character, possess good communication skills, and pay attention to their personal appearance. They should have some experience in watching and safeguarding property, have the ability to give routine information, and be able to deal effectively with people in difficult circumstances. G. Corpus Christi - Nueces County Public Health District: Services will be provided at Corpus Christi/ Nueces County Public Health District (CCNCPHD) located at 1702 Horne Road, Corpus Christi, Texas. Security services for CCNCPHD apply to all spaces contained within the CCNCPHD building, including, but not necessarily limited to: patrolling of the lobby, halls, restrooms, office spaces, work areas, conference rooms, entranceways, storage areas, elevators and stairways. Also included are patrolling of those parking areas, loading docks, walkways, and the W.I.0 external building and modular building immediately adjacent to CCNCPHD complex. Security Access Systems and CCNCPHD Fire Alarm Systems, and security camera monitoring system of CCNCPHD as described herein. 11. Work Site and Conditions: A. City Hall - Services for City Hall shall be provided around the clock (24 hours per day, every day of the year). The work shall be performed in and about the City Hall building, Corpus Christi, Texas. The building consists of a basement, ground floor, five upper level floors with a mezzanine level for elevator operating equipment, and two stair wells. Net floor area in the building is approximately 130,000 square feet which consists primarily of commercial office spaces. The basement contains storage, training room, print shop, mail room, loading dock, mechanical room, computer center, and various office spaces. The first floor contains the main atrium, four prominent entrances, the office of the Mayor and City Secretary, City Council Chambers with meeting rooms, Utilities Business Offices and Collections, Central Tellers and Cash Management, Senior Community Services, E -Government, and Human Relations. Second floor through fifth floor contain offices, meeting rooms, storage, and reception areas. Sixth floor contains a meeting room, wellness clinic, and fitness room. Each floor has a male and female restroom. The City Hall building is served by three passenger elevators, one freight elevator; and two escalators. The escalators only serve the first and second floor levels. Also included are three paved and lighted on-site parking lots and a Remote Utilities Depository Building. City Hall is equipped with a metal detector, Security Access System, Closed Circuit Television System with multiplex monitors and recording capabilities serving several areas, an automatic fire alarm system and a full sprinkler (fire suppression) system. Some of the areas monitored by CCTV include Central Cashiering/Utilities Collection area, the City Secretary/Mayor's reception area, the four main entrances to the ground floor, and the loading dock in the basement. The City Council Chambers, City Secretary's Office, Mayor's Office and City Manager's Office, and Central Cashiering are equipped with panic alarms. As part of the Security Access System, the exterior doors and selected interior doors to certain secured areas are controlled by magnetic locks and card readers as well as by locking hardware. The Fire Alarm System and the Security Access System are located in the Security Center on first floor. The City Hall building is open to the public during normal business hours from 8 a.m. to 5 p.m., Monday through Friday except official City holidays. The City Council Chambers and other conference areas in the building are used for public meetings after normal business hours on a recurring basis. Customarily, after hours meetings are limited to the basement training room, first floor conference rooms, and City Council Chambers. On an average work day, the building houses approximately four hundred City employees and receives between one and two thousand visitors. Except for specific areas under lock and key, City Hall is generally open to the public during normal business hours. Security Guard Surveillance and Patrolling Procedures: Security Guards shall be assigned to duty at City Hall as follows: Shift A - Lead Security Armed Guard from 6:00 am to 3:00 pm, Monday through Friday. Lead Security Guard shall address any concerns that City staff may have regarding the security of the building, grounds, and parking lots, and shall be able to provide direction to the back-up security guard in order to get these resolved. A second Armed Security Guard which is the back-up to the Lead Security Guard shall be assigned to duty at City Hall from 7:00 am to 6:00 pm, Monday through Friday. Security Screeners: Two unarmed security guards will be positioned at the metal detector from 7:30 am until 5:00 pm. These two guards will welcome visitors to City Hall and direct them through the metal detector. If the metal detector is activated, a guard will wand the visitor with a hand wand to determine the source of the activation. The guards will also check employees that enter this entrance to make sure they have City identification cards. If so, they may pass without going through the metal detector. Shift B - The afternoon unarmed security guard will be assigned to duty from 3:00 pm to 11:00 pm, Monday through Friday. Shift C - The night unarmed security guard will be assigned to duty from 1 1:00 pm to 7:00 am, Monday through Friday night into Saturday morning. Weekend Shifts: One unarmed Guard shall be assigned to City Hall from 7:00 am Saturday until 7:00 pm Saturday night. One unarmed guard will be assigned to City Hall from 7:00 pm Saturday night to 7:00 am Sunday Morning. One unarmed guard will be assigned to City Hall from 7:00 am Sunday to 7:00 pm Sunday night. One unarmed guard will be assigned to City Hall from 7:00 pm Sunday night to 7:00 am Monday Morning. The weekend shift guards shall be responsible for patrolling the building's interior spaces. This shift may be broken up by Contractor. Besides providing industry standard Security Procedures and those identified in this Section, Security Guards shall provide for the following: Security Guards shall be responsible for screening visitors to City Hall through the walk through metal detector or wand. Checking for identification cards of city employees that enter through the public entrance. Patrolling the building's interior spaces, grounds, and parking lots. The Security Guard that is assigned to patrol the building's interior shall require that transients, vagrants, and others that are in City Hall for other than the conduct of normal business will peacefully leave the building. If the Security Guard suspects that a situation could escalate so as to endanger employees, visitors, or anyone in or at City Hall, he/she shall immediately call the Corpus Christi Police Department 911 for assistance, the immediacy depending upon the situation encountered. The Security Guard that is assigned to patrol the exterior or the parking lots, shall carry a cellular phone at all times while he/she is outside of the building. Special emphasis shall be paid to parking lot patrolling while employees are arriving for work in the morning and returning to their cars in the evening. Shift B Security Guards shall be responsible for screening visitors to City Hall through the walk through metal detector or wand. Checking for identification cards of City employees that enter through the public entrance. Patrolling the building's interior spaces. Additionally, special emphasis shall be paid to parking lot monitoring while attendees of after hour meetings are returning to their cars at night. The Security Guard shall be available to and responsible for escorting individuals from City Hall to their vehicles outside of normal business hours, if requested. While escorting outside of the building, outside normal business hours, the Security Guard shall carry a cellular phone at all times while he/she is outside the building. Shift C Security Guards shall be responsible for patrolling the building's interior spaces. B. Frost Bank - The work shall be performed in and about the Frost Building, Corpus Christi, Texas by Level 2 Unarmed Security Guards. The hours services are required are Monday through Friday 6:00 a.m. - 10:00 p.m. The building consists of a ground floor and four upper level floors. Net floor area in the building is an approximately 41,289 square feet which consists primarily of commercial office spaces. The first floor contains the main lobby, with one prominent entrance, Development Services, and cashiering services. Second floor through third floor contain offices, kitchen area, meeting rooms, storage, and reception areas of the Fire Department. Fourth floor contains the EOC, meeting rooms, office spaces, storage, and media area. Each floor has a male and female restroom. The Frost building is served by one elevator. Also included is an L-shaped paved and lighted on-site parking lot. The Frost Building is equipped with a Security Access System, Closed Circuit Television System with multiplex monitors and recording capabilities serving several areas, an automatic fire alarm system and a full sprinkler (fire suppression) system. As part of the Security Access System, the exterior doors and selected interior doors to certain secured areas are controlled by magnetic locks and card readers as well as by locking hardware. The Fire Alarm System and the Security Access System are located in an office on the third floor monitored by the Fire Department. The Frost Building is open to the public during normal business hours from 8 a.m. to 5 p.m., Monday through Friday except official City holidays. The conference areas in the building are used for public meetings after normal business hours on a recurring basis. On an average work day, the building houses approximately one hundred City employees and receives about five hundred visitors. Except for specific areas under lock and key, the Frost Building is generally open to the public during normal business hours. The public is to be escorted into any office on first floor by either City Staff or Security personnel. Security Services for the Frost Bank Building shall be required 16 hours per day, five days a week for 52 weeks out of the year. Security Guard Surveillance and Patrolling Procedures: A Level 2 Unarmed Security Guard shall be assigned to duty at the Frost Building from 6:00 a.m. to 10:00 p.m., Monday through Friday. Lead Security Guard shall address any concerns that City staff may have regarding the security of the building, grounds, and parking lots, and shall be able to provide direction to the back- up security guard in order to get these resolved. This shift may be broken up by the Contractor. Besides providing industry standard Security Procedures and those identified in the contract, Security Guards shall provide for the following: The Security Guard assigned to Frost Bank shall be responsible for continuously patrolling the building's interior spaces, grounds, and parking lots. The Security Guard that is assigned to patrol the building's interior shall require that transients, vagrants, and others that are in Frost Building for other than the conduct of normal business will peacefully leave the building. If the Security Guard suspects that a situation could escalate so as to endanger employees, visitors, or anyone in or at Frost Building, he/she shall immediately call the Corpus Christi Police Department 911 for assistance, the immediacy depending upon the situation encountered. The Security Guard assigned to Frost Bank shall patrol the exterior of the building and the parking lots frequently. The Security Guard shall carry a cellular phone at all times while outside of the building. Special emphasis shall be paid to parking lot patrolling while employees are arriving for work in the morning and returning to their vehicles in the evening. Additionally, special emphasis shall be paid to parking lot monitoring while attendees of after hour meetings are returning to their vehicles at night. The Security Guard shall be available to and responsible for escorting individuals from Frost Building to their vehicles outside normal business hours, if requested. While escorting outside of the building, outside normal business hours, the Security Guard shall carry a cellular phone at all times while he/she is outside the building. C. JAC - The work shall be performed at the Juvenile Assessment Center located in the Wilson Plaza Building at 615 Leopard Street, Suite 105, Corpus Christi, TX. The office suite is located on the first floor of the Wilson Plaza Building. The suite area is approximately 4,800 square feet which consists primarily of a lobby and reception desk area, plus ten offices, three storage rooms, a kitchen area, three rest rooms, a large conference with an adjacent open office area. Also included is public parking immediately in front of the office suite. The suite contains four entry/exit doorways. The office suite is open to the public for normal daytime business from 8:00 a.m. to 7:00 p.m. daily from Monday through Thursday, and Friday 8:00 a.m. to 5:00 p.m. except City of Corpus Christi holidays. The JAC is also open overnight from 10:30 p.m. to 6:30 a.m. each and every night for 365 days a year, regardless of holidays. The Contractor will be expected to maintain the following schedule: Monday through Friday* 9:00 a.m. 5:00 p.m. Monday through Sunday** 10:30 p.m. 6:30 a.m. *Guards are only needed for daytime shift when school is in session. **Office to remain locked at night except to admit a law enforcement officer. On an average work day, the office suite houses about 8 City of Corpus Christi employees during the day and receives one to twenty visitors (1 employee and 3 visitors at night). Except for specific areas restricted to JAC personnel, the suite is open to the public during daytime working hours. Periodically, JAC personnel may encounter difficulty identifying a parent or legal guardian to pick up a youth in JAC custody. JAC personnel may be required to stay beyond normal working hours until a responsible adult or a representative of Child Protective Services arrives. It is the expectation of the Contract Administrator that the Contractor ensures the security guard remain at his or her post at the JAC until the youth is released or the guard is relieved of duty by another security guard or a supervisor. D. Libraries - The work shall be performed at the main library, La Retama Central Library and designated branches which are generally open to the public. Security guards shall be responsible for continuously patrolling the building's interior spaces, grounds and parking lots. Security guards will observe staff walking to their vehicles at closing. La Retama Central Library consists of two operating floors and a closed third floor. Net floor area in the building is about 55,000 square feet which consists primarily of public areas. Public restrooms are located on both floors. The building is serviced by two elevators, on passenger and one freight. La Retama Central Library houses 17 Library and approximately 11 Police employees, with over 12,000 visitors a month. The Contractor will be expected to maintain the following schedule: Tuesday through Saturday 11:00 a.m. 6:30 p.m. Ben F. McDonald Public Library, 14,420 square feet, houses nine employees and receives on average over 9,000 visitors a month. The Contractor will be expected to maintain the following schedule: Monday through Wednesday 3:00 p.m. to 8:15 p.m. Thursday through Friday 2:00 p.m. to 6:15 p.m. Saturday 1:00 p.m. to 6:15 p.m. Dr. Clotilde P. Garcia Public Library, 13,233 square feet, a joint facility with Kaffie Middle School, houses nine Library and two school employees, with over 12,000 visitors a month. The Contractor will be expected to maintain the following schedule: Monday and Tuesday 3:30 p.m. to 8:15 p.m. Wednesday 3:30 p.m. to 9:15 p.m. Thursday through Friday 3:00 p.m. to 6:15 p.m. Janet F. Harte Public Library, 19,900 square feet, a joint facility with the Flour Bluff High School houses nine Library and two School employees, with over 13,000 visitors a month. The Contractor will be expected to maintain the following schedule: Monday through Thursday 3:15 p.m. to 8:15 p.m. Friday 2:15 p.m. to 6:15 p.m. E. O.N. Stevens - The O.N. Stevens Water Treatment Plant is open to the public only by prior arrangement during normal business hours from 8:00 a.m. to 5:00 p.m., Monday - Friday. If needed, the Security Guard shall be assigned to duty at the O.N. Stevens Water Treatment Plant work hours will be from 8:00 am to 5:30 pm Monday - Friday. Security Guard shall be responsible for continuously monitoring the Hearn Road entry gate at the O.N. Stevens Water Treatment Plant. If the Security Guard suspects that a situation could escalate so as to endanger employees, visitors, or anyone in or at the O.N. Stevens Water Treatment Plant, the Security Guard shall immediately call the Corpus Christi Police Department 911 for assistance, the immediacy depending upon the situation encountered. The Security Guard shall carry a cellular phone at all times that they are outside of the Security Guard Station. F. Airport - If needed, the work shall be performed at the Corpus Christi International 1000 International Drive in several locations on the property. The primary location is at the entrance to the Rental Car Ready Return Lot just east of the main terminal building. Other locations may include the terminal building, curbside in front of the building, parking lot facilities, and at other security gates around the perimeter of the airport. Current hours of operations are Monday - Friday 3:30 a.m. to 11:30 p.m. or after the last flight has arrived for the evening. On occasion the position will needed to be staffed outside of normal hours due to late flights. Hours and the number of required personnel are subject to change depending on the requirements of the Department of Homeland Security -Transportation Security Administration (DHS -TSA). Work may need to be performed in all types of weather conditions including inclement. Since the Rental Car Return Post is not equipped with any bathroom facilities, it shall be the Contractor's responsibility to provide their employees with breaks. Guards leaving their post without a suitable authorized CCIA badged guard from the Contractor will result in the Guard being removed from the post and would constitute a security violation and breach of contract. G. Corpus Christi - Nueces County Public Health District - The staff requirements of the CCNCPHD are one Security Guard for surveillance and staff, patient, and property safety & protection. The work shall be performed at the Corpus Christi-Nueces County Public Health District ("CCNCPHD") located at 1702 Horne Road. The primary entrance to the property is from Horne Road with a secondary access entrance from Greenwood Drive. There are also two freestanding buildings on the property that require services: the Women, Infant and Children ("W.I.0") building located directly behind the main facility, and the ("W.I.0") mobile administration building directly adjacent to the main W.I.0 building. The main facility consists of two operating floors with fifteen individual sections, a lobby, and an auditorium. Included on the facility property are several areas of parking immediately adjacent to all three buildings. The property has a gated area for mobile equipment to the north side of the building that is accessible by a PIN Code. The main building is serviced by one elevator and two stairwells. The CCNCPHD is open to the public during the normal business hours of 8:00 a.m. to 5:00 p.m. daily from Monday through Friday; however, on the first Monday of each month the facility is open from 8:00 a.m. to 6:00 p.m. The CCNCPHD is closed for all City of Corpus Christi observed holidays. The Contractor will be expected to maintain the following schedule: First Monday of each month 8:00 am - 6:30 pm Monday - Friday 8:00 am - 5:00 pm 12. Installed Systems: The following systems are to be monitored for each location: A. City Hall - (a) Fire alarm monitor and control: Bosch Security / Microm (b) Card access control system and ID Badge: RS2 Technologies (c) Video surveillance system, cameras and digital video recorders: Vicon Industries B. Frost Bank - (a) Fire alarm monitor and control: Bosch Security / Notifier (b) Card access control system and ID Badge: RS2 Technologies (c) Video surveillance system, cameras and digital video recorders: Vicon Industries (d) Intercommunication System: Ring Communications C. JAC - (a) Fire alarm monitor and control (b) Security Alarm monitor and control D. Libraries - (a) Fire alarm monitor and control (b) Security Alarm monitor and control E. O.N. Stevens - None at this time F. Airport - None at this time G. Corpus Christi - Nueces County Public Health District - The following systems are to be monitored for this location: (a) Fire alarm monitor and control (Safeguard services) (b) Security Alarm monitor and control (Safeguard services) (c) Card access control system and ID Badge (Safeguard services) (d) Video surveillance system, cameras and digital video recorders (Safeguard services) 13. Reports: The Contractor will prepare and submit the following reports for the City Hall, Frost Bank, JAC, the Libraries, O.N. Stevens*, Airport and Corpus Christi - Nueces County Public Health District: (a) Daily log - This report will be a running summary of activities of note during each work shift in the building and its environs. As a minimum the following items will be noted by the security guard and recorded in the log: (1) Name and rank of Security Guard. (2) Time on duty, time off duty. (3) Acknowledgment that oncoming Security Guard has read and understands all special instructions for the location. (4) Acknowledgment that required rounds of the building and adjacent areas have been made. (5) Unlocked doors after regular working hours or scheduled closing (6) Faulty or missing equipment in the building. (7) Fire hazards of any kind including trash accumulation and inoperative exits or blocked fire routes. (8) Lights or electrical equipment left on. (9) Safety hazards of any type. (10) Any violation of established security rules. *For O.N. Stevens only reports (a) (1)-(4) will be required. (b) Accident or Incident Report: Reports of accidents or incidents on City premises will be promptly written as occurring and provided to the Contract Administrator. Such reports will be completed in full by the Lead Security Guard on duty at the time of the accident/incident and made available immediately to the Contract Administrator, Risk Management and the Contractor. (c) Copies of each Daily Log and any accident or incident reports shall be faxed to the Contract Administrator or designee not later than 8:30 a.m. on the business day following the day the reports were made. (d) Each Quarter, the Contractor will provide an analysis, based on actual inspection of security operations in the facility. Report will contain a comprehensive description of all perceived problem areas and recommendations for correction. For each report not turned in to the Contract Administrator by the specified due date, the City will deduct $50 from the next monthly invoice. The Contractor will prepare and submit the following additional reports for City Hall and Frost Bank only: Sign-In/Sign-Out log - This record shall be maintained after normal working hours and shall contain the names, time of arrival, destination, and time of departure of all visitors to each location except those City employees who have been issued security access cards. With the exception of the City Manager, Assistant City Managers, identified maintenance and designated management personnel, unless they have their own keys, employees will be admitted only to the areas in which they are normally employed. Any exceptions must have prior approval by the responsible operating department head or the Contract Administrator. The Contractor will prepare and submit the following additional reports for JAC only: (a) Officer's Daily Intake Log - this chart contains information about youth brought to the JAC by law enforcement officers for committing a curfew or other Class C misdemeanor offense. Security guards will be expected to provide the following information: (1) Date (month/day/year) (2) Time of shift (3) Name of security guard on duty (4) Full name of any juvenile brought by a law enforcement officer to the JAC (5) Name of juvenile's school and enrollment status (6) Time juvenile brought in and picked up by parent (7) Referring law enforcement agency (8) Name and relationship of person to whom youth was released (b) Personal Property Report - this report is an account of personal property collected from the youth accepted into JAC custody for a Class C misdemeanor. The items are collected to protect the safety of JAC personnel, security guards and visitors and to ensure all important and valuable items are returned in the presences of the juvenile's parent or legal guardian. Items are kept in secured storage. At a minimum, the security guard will note the following information: (1) Name of youth in JAC custody (2) Name of security guard on duty who will collect personal property (3) Money or other valuables collected (4) Medications in the youth's possession (5) Date (month/day/year) (6) Time property collected/returned (7) Youth's and parent's/legal guardian's signatures 14. Emergency and Alarm Surveillance/Monitoring: A. Requirements for City Hall - Contractor shall provide for "on-site" monitoring of the Security Access System at City Hall. For all security and medical emergencies, the Security Guard on duty shall notify the Corpus Christi Police Department 911 and immediately report the type of emergency and request assistance. Under non -emergency circumstances, when police assistance is required, the Lead Security Guard shall notify the Corpus Christi Police Department to request assistance. B. Requirements for O.N. Stevens - Contractor shall provide for "on-site" monitoring of the Security Gate Access System. For all security and medical emergencies, the Security Guard on duty shall notify the Corpus Christi Police Department 911 and immediately report the type of emergency and request assistance. Under non -emergency circumstances, when police assistance is required, the Security Guard shall notify the Corpus Christi Police Department to request assistance. 15. Facilities And Equipment Provided by the City: A. Provided for City Hall - The City will provide the Contractor space in the Security Center on the first floor of City Hall. The City will provide the output of the various installed alarm systems which terminate in the Security Center, the use of landline telephones excluding long distance services. No other equipment will be provided by the City. The City is responsible for the maintenance and upkeep of all systems noted above. B. Provided for Frost Bank - The City will provide the Contractor space in the Security Center on the first floor of the Frost Building. The City will provide to the Contractor for the use of landline telephones excluding long distance services. No other equipment will be provided by the City. The City is responsible for the maintenance and upkeep of all systems noted above. C. Provided for JAC - The JAC will make certain accommodations available to the Contractor in the JAC office suite. A desk, chair and phone will be available for use by the security guard. Also a storage space will be available for the security guard to maintain the youth's personal property in safekeeping. D. Provided for Libraries - Only La Retama Central Library will make available to the Contractor space in the shipping/receiving area on the first floor of La Retama Central Library. No other equipment will be provided by the Library. E. Provided for O.N. Stevens - The City will provide the Contractor space in the Hearn Road Gate Security Guard Station at the O.N. Stevens Water Treatment Plant. No other equipment will be provided by the City. The City is responsible for the maintenance and upkeep of all items noted above. F. Provided for Airport - CCIA may furnish an all-weather enclosure/ guard station for use at the Rental Car Ready Return Lot entrance if available. Contractor furnished equipment shall be subject to the inspection and approval of the Contract Administrator and CCIA prior to being placed in service and during the life of this Contract G. Provided for Corpus Christi - Nueces County Public Health District - CCNCPHD will make available to the Contractor space in the main lobby switchboard area on the first floor of the main building. No other equipment will be provided by the CCNCPHD. 16. Contractor Furnished Supplies and Equipment: A. Requirements for City Hall and Frost Bank - Except for those items expressly noted as provided by the City, the Contractor shall furnish all supplies and equipment required for the execution of the Contract, including, but not limited to two, two-way portable radios, and/or cellular phone(s). Contractor furnished equipment shall be subject to the inspection and approval of the Contract Administrator prior to being placed in service and during the term of this Contract. B. Requirements for JAC - Except those items expressly noted as provided by the JAC only, the Contractor shall furnish all supplies and equipment required for the execution of the Contract, including, but not limited to the two, two-way portable radios and/or cellular phones. Contractor furnished equipment shall be subject to the inspection and approval of the Contract Administrator prior to being placed in service and during the life of this Contract. C. Requirements for Libraries - Except those items expressly noted as provided by the libraries, the Contractor shall furnish all supplies and equipment required for the execution of the Contract, including, but not limited to the two, fully functional two-way portable radios and/or cellular phones. Contractor furnished equipment shall be subject to the inspection and approval of the Contract Administrator prior to being placed in service and during the life of this Contract. D. Requirements for O.N. Stevens - The Contractor shall furnish a cellular phone. E. Requirements for Airport - Except those items expressly noted as provided by CCIA only, the Contractor shall furnish all supplies and equipment required for the execution of the Contract, including, but not limited to the two, two-way portable radios and/or cellular phones, all safety equipment including a current ANSI compliant safety vest, a flashlight, foul weather gear, and any necessary office supplies. One two way radio shall be provided to the Airport Dispatch Center for directly line communication as required by TSA Security Directives. F. Requirements for Corpus Christi Nueces County Public Health District - Except those items expressly noted as provided by CCNCPHD only, the Contractor shall furnish all supplies and equipment required for the execution of the Contract, including, but not limited to the two, two-way portable radios and/or cellular phones. Contractor furnished equipment shall be subject to the inspection and approval of the Contract Administrator prior to being placed in service and during the life of this Contract. 17. Security Guard Access to the Building: A. Requirements for City Hall and Frost Bank - A magnetic access card and one set of keys will be issued to the Contractor. It shall be the Contractor's responsibility to ensure the keys are safeguarded and that City Hall is secured at the end of each business day, normally 6:00 p.m. or a time specified by the Contract Administrator. The Contractor will be liable for re -keying, replacing, or otherwise altering locks and security systems should these locks or systems become compromised as a result of Contractor's or any Security Guard's negligence. Since it is the responsibility of the Contractor to provide adequate building security, the Contractor shall be liable for the loss of or damage to any goods or materials which may occur as a result of negligence or malpractice, theft, or tampering of any kind on the part of the Contractor or any Security Guard. B. Requirements for JAC - If the Contractor is able to assign regular security guards for day, night and weekend shifts, the JAC will consider issuing keys to the Contractor. Otherwise, only the key pad code to JAC's back door will be issued to the Contractor. It shall be the Contractor's responsibility to insure the keys are safeguarded and the building secured at the end of each business day, normally 7:00 p.m., Monday through Thursday, and 5:00 p.m., Friday and Monday through Sunday overnights at 6:30 a.m., or a time specified by the Contract Administrator. The Contractor will be liable for re -keying, replacing, or otherwise altering locks and security systems should these locks or systems become compromised as a result of Contractor's or any Security Guard's negligence. Since it is the responsibility of the Contractor to provide adequate office security, the Contractor shall be liable for the loss of any goods or materials which may occur as a result of negligence or malpractice of any kind on the part of the Contractor or its employees. C. Requirements for Libraries - Only La Retama Central Library's keys for those doors entering into common spaces will be issued to the Contractor. It shall be the Contractor's responsibility to ensure the keys are safeguarded and the building secured at the end of each business day, normally 6:30 p.m., Tuesday through Saturday, or a time specified by the Contract Administrator. The Contractor will be liable for re -keying, replacing, or otherwise altering locks and security systems should these locks or systems become compromised as a result of Contractor's or any Security Guard's negligence. Since it is the responsibility of the Contractor to provide adequate building security, the Contractor shall be liable for the loss of any goods or materials which may occur as a result of negligence or malpractice of any kind on the part of the Contractor or its employees. D. Requirements for O.N. Stevens - A set of keys will be issued to the Contractor, and it shall be the Contractor's responsibility to ensure the keys are safeguarded and the Guard shack and Hearn Road entry gate at the O.N. Stevens Water Treatment Plant is secured at the end of each business day, normally 4:00 p.m. or a time specified by the Contract Administrator. The Contractor will be liable for re -keying, replacing, or otherwise altering locks and security systems should these locks or systems become compromised as a result of Contractor's or any Security Guard's negligence. Since it is the responsibility of the Contractor to provide adequate building security, the Contractor shall be liable for the loss of or damage to any goods or materials which may occur as a result of negligence or malpractice, theft, or tampering of any kind on the part of the Contractor or any Security Guard. E. Requirements for Airport - A CCIA Access Control Media badge and one set of keys will be issued to each individual employee of the Contractor. It shall be the Individual/Contractor's responsibility to ensure the badge and any keys are safeguarded and that they are accounted for. The contractor shall be responsible for the cost of the badge and the deposit. Lost badges and keys may result in the revocation of privileges in accordance with TSA rules and regulations (49 CFR Part 1520, 1540, and 1542) and reissue fees. The contractor shall designate two individuals as Signatory Authorities as per the TSA approved Airport Security Program. It shall be the responsibility of the Signatories to liaison with the Airport Badging Office for all access control related issues including audits. The Airport will provide onsite training for the performance of job related duties as well as each individuals responsibilities under the CCIA ASP. Failure to comply with any Security Directive, the CCIA ASP, or any procedure may necessitate the removal of the individual from the post. The contractor would need to be able to replace an individual within four hours upon notification by CCIA for any reason. Individuals may be subject to covert testing by the TSA or CCIA that verify that the security guard is performing their required functions satisfactory. The Contractor will be liable for re -keying, replacing, or otherwise altering locks and security systems should these locks or systems become compromised as a result of Contractor's or any Security Guard's negligence. Since it is the responsibility of the Contractor to provide adequate building security, the Contractor shall be liable for the loss of or damage to any goods or materials which may occur as a result of negligence or malpractice, theft, or tampering of any kind on the part of the Contractor or any Security Guard. The contractor will also be responsible for paying any fines levied by TSA against CCIA due to the failure of the individual to perform their function in accordance with TSA and CCIA rules and regulations. F. Requirements for Corpus Christi Nueces County Public Health District - Only CCNCPHD keys for those doors entering into common spaces will be issued to the Contractor. It shall be the Contractor's responsibility to ensure the keys are safeguarded and the building secured at the end of each business day, normally 5:30 p.m., Monday through Friday, or a time specified by the Contract Administrator. The Contractor will be liable for re -keying, replacing, or otherwise altering locks and security systems should these locks or systems become compromised as a result of Contractor's or any Security Guard's negligence. Since it is the responsibility of the Contractor to provide adequate building security, the Contractor shall be liable for the loss of any goods or materials which may occur as a result of negligence or malpractice of any kind on the part of the Contractor or its employees. 18. Special Instructions to the Contractor (All Facilities): The Contract Administrator will provide special instructions pertaining to the smooth and efficient operation of Security Guard Surveillance and monitoring services for all Facilities. Such instructions will be provided in three categories: (a) Written standing instructions which will be directives of a permanent nature that will remain in force until formally changed or canceled. These will be instructions that pertain to the normal operation and preservation of good order and efficiency within the building and environs for all Facilities. (b) Written temporary instructions will be related to the specific event or operation which is expected to be completed during a specific time frame. These instructions will normally be canceled on completion of the event or operation for which they are written. (c) Verbal temporary instructions will be provided to the Contractor by the Contract Administrator, or designee, to address unforeseen incidents or problems which may develop. They will pertain only to the specific situation for which they are provided. While it shall be the responsibility of the Contractor to carry out such special instructions given by the Contractor Administrator, it is the obligation of the Contractor to offer comment or recommendations regarding any such instructions which may bear improvement or be contrary to established security practices. Such comment or recommendation may be given verbally, but must be followed by written notice to the Contract Administrator from the Contractor. Special instructions to the Contractor will be given only by the Contract Administrator or designee specified in writing. Further, the City agrees that any claims arising from third parties against the Contractor for acts and/or omissions directed by the City and giving rise to such claims are the responsibility of the City unless negligence or malpractice on the part of the Contractor or any Security Guard is indicated. Each party waives any and all rights of recovery against the other party for damage to the premises or loss of property as a result of fire or force majeure except in instances involving the negligence or malpractice of either party. 19. City Contract Administrators (All Facilities): The Contract Administrator for the City of Corpus Christi is the City Police Liaison Officer assigned to City Hall by the Police Department. The Contract Administrator shall be the single point of contact for the Contractor for all matters and shall keep all records pertaining to this contract. The Contract Administrator shall approve all phases of performance and operations under this Contract including authorization for payment. The Contract Administrator or his/her designee shall be the single point of contact for the Contractor for all matters. The Contract Administrator may change over time and any such changes will be given to the Contractor in writing. Primary & City Hall Contract Administrator - Frost Bank Contract Administrator - JAC Contract Administrator - Libraries Contract Administrator - Senior Officer Marc Harrod City Hall Liaison Officer 1201 Leopard St., 78401 361-826-1751 MarcH@cctexas.com Senior Officer Marc Harrod City Hall Liaison Officer 1201 Leopard St., 78401 361-826-1751 MarcH@cctexas.com David Prado 615 Leopard St. Ste. 105, 78401 361-826-4005 DavidP3@cctexas.com Gabby Salazar 805 Comanche St., 78401 361-826-7015 GabbyS@cctexas.com O.N. Stevens Contract Administrator - Airport Contract Administrator - Miguel Diaz 13101 Leopard St., 78410 361-826-1217 MiguelD@cctexas.com Chief John L. Hyland 1000 International Drive, 78406 361-289-0171 JohnHy@cctexas.com Corpus Christi Nueces County Public Health District Contract Administrator - Antwine D. Charles, Sr. 1702 Horne Rd., 78416 361-826-7324 AntwineC@cctexas.com DATE: August 18. 2016 Attachment B - Pricing Schedule CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP No. 152 Uniformed Security Guard Services BasE Security & Fire Consultants, LLC PROPOSER PAGE 1 OF 2 r A -1.1t-25-11 ED SIGNATURE 1. Refer to "Instructions to Proposers` and Contract Terms and Conditions before completing bid_ 2. Quote your best price for each item. 3. In submitting this bid, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement -with any other Proposer or competitor, for the purpose of restricting competition with -regard to prices; b. Proposer is an Equal Opportunity Empio-yen,. and the Disclosure of interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP' in this pricing. ITEM DESCRIPTION QTY UNIT UNIT PRICE TOTAL PRICE LO City Hail - Estimated hours of security service required for 12 months 1-I Lead Security Guards posted of City 8,943 ; HRS $14.75 $131,009.25 1.2 Backup Security Guards posted at City Hall 2,O8O < HRS. $14_75 $ 30,680.00 1.3 2.0 Security Screeners posted at City Hall Frost Bonk Building = Estimated hours of 2,080 HRS. i i 514.75 $ 30,680.00 security service required for 12 months 2.1 Unarmed Level 2 Security Guards posted a, Frost Building 4,160 HRS $14.75 S 61,360.00 3.0 Juvenile Assessment Center - Estimated hours of security service required for 12 months 3.1 Level 2 Security Guards posted at 5,156 HRS $14.75 $ 76051.06 1Unarmed Juvenile Assessment Center _ _ 1 cs PAGE 2 OF 2 ITEM .. DESCRIPTION QTY 1 UNIT UNIT PRICE TOTAL PRICE 4.0 Citys Public Libraries . Estimated hours of security service required for i 2 months 4.1 Unarmed Level 2 Security Guards posted at 1,950 HRS $14/5 $ 28,762.50 La Retama Central Library 4.2 . Unarmed Level.2 Security Guards posted of 1,456 HRS $14.75 $ 21,476.00 Ben F. tcbonald Public Library 4.3 Unarmed Level 2 Security Guards posted at 1,040. • HRS $14.75 S 15 34o.00 Janet F. Harte Public Library 5M C_N. Stevens Water Treatment Plant - €stimated hours of security service required for 12 months, it needed 5.1 Unarmed Level 2 Security Guards posted Cat C.N. Stevens water Treatment Plant 2.470 HR, $14.75 $ 36,432.50 6.0 Corpus Christi International Airport Estimated hours of security service required for 12: months, if needed 6.1 Unarmed Level 2 Security Guards posted at 7,300 HRS . $1475 $ 107,675.00 Corpus Christi International Airport 7.0 17,,.. r us Christi — Nueces Coun Public Heath District Estimated hours of security service required for 12 months, if needed 7.1 Unarmed Level 2 Security Guards posted at 2,150 HRS $14.75 $ 31,712.50 Corpus Christi International Airport . 8.0 Miscellaneous Hours 1,000 HRS $14.75 S 14,750 DO "ALL OTHER TERMS AND CONDITIONS REMAIN UNCHANGED" Roberta Ortiz Procurement Officer Attachment C - Insurance Requirements Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained_and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and City Hall Liaison Officer 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 $2,000,000 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 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. 2016 Insurance Requirements Purchasing Citywide Security Guard Services 07/07/2016 my Risk Management Attachment D - Proposers Proposal RFP No. 152 Uniformed Security Guard Services Open Date - August 18, 2016 Mailing Address: 24301 Brazos Town Xing 500-9 Rosenberg, TX 77471 admin@Jbasesecurityandfire.com Fax: 832-595-1123 Physical Address: 7810 Blue Lake Dr. Rosenberg, TX 77469 (713) 428-1289 TABLE OF CONTENTS SECTION 1 DISCLOSURE OF INTEREST 1 SECTION 2 BUSINESS DESIGNATION FORM 3 SECTION 3 CERTIFICATE OF INTERESTED PARTIES FORM 1295 4 SECTION 4 PROPOSAL A. LICENSE 5 B. REFERENCES 6 C. STATEMENT OF QUALIFICATIONS 8 D. CONTACT INFORMATION 12 SECTION 5 PRICING SHEET ATTACIIIIIENTS 13 PROOF OF INSURANCE HUB CERTIFICATION WBENC CERTIFICATION ATTACHMENT 1 ATTACHMENT 2 ATTACHMENT 3 BasE Security & Fire Consultants, LLC. 24301 Brazos Town Xing 500-9 Rosenberg, TX 77417 713-428-1289 www.basesecurityandfire.com August 18, 2016 City of Corpus Christi Attn: Roberta Ortiz, Procurement Officer 1201 Leopard St., 4th Floor Corpus Christi, Texas 78401 Subject: RFP No. 152 Uniformed Security Guard Services Sandra S. Basile BasE Security & Fire Consultants, LLC. 24301 Brazos Town Xing #500-9 Rosenberg, TX 77417 Dear Ms. Ortiz, I submit here with, our proposal for RFP No. 152 Uniformed Security Guard Services: 1n accordance with City of Corpus Christi Purchasing Division RFP No. 152 Uniformed Security Guard Services; I, Sandra S. Basile, respectfully submit this sealed bid on behalf of BasE Security & Fire Consultants, LLC (BasE). I am the Executive Manager/Co-Owner of BasE and the acting bid agent. We have received, via e-mail, four addenda to RFP No. 152; We have completed the application in full and have answered all questions and forms to the best of our knowledge. Our representation is accurate and complete. We are sure that we can be an asset to the City of Corpus Christi and will perform our duties in a proficient and professional manner. We are aware of the requirement and willing to sign Service Agreement as written, if we are awarded the contract for RFP No. 152 Uniformed Security Guard Services. We have provided a list of references on the form provided in the RFP No 152. These references can be found in Section 4, sub -section B of this proposal. We are confident that you will find the bid suitable and are available for any questions that you may have. Sincerely, Sandra 5. Basile Executive Manager/Owner [11 Date CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST RFP No. 152 Uniformed Security Guard Services Corpus Christi Code § 2-349. 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 next page for Filing Requirements, Certification and Definitions. COMPANY NAME: BasE Security and Fire Consultants. LLC. P. 0. BOX: STREET ADDRESS: 24301 Brazos Town Xing #500-9 CITY_ Rosenberg STATE: TX FIRM IS: 1. Corporation E 2,Partnership 4. AS$OCic tion ;S.0ttier ZIP: 77417 3.Soie Owner DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. I. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm.' Name Job Title and City Department {if known} nia 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 "firmer," Name Title nia 3. State the names of each `"board member' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm_" Norrie nia Board, Commission or Committee 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 "firrn_" Name nia Consultant Page 43 Qt. 46 1 of 14 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 iri 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)l CERTIFICATION 1 certify that oil information provided is true and correct as of the date of thisstatement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the Clty, of Corpus Christi, Texas as changes occur. Certifying Person: Signature of Certifying Person: Sandra Basile Title: Executive Officer DEFINITIONS Date: August 15, 2616 a. "Board member,,' A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit'. An action that is likely to affect an economic interest if if is likely to hove an effect on that interest that is distinguishable from its effect an members of the public in general or a substantial segment thereof. c "Employee." Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city, d. "Finn." 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 stack company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official.' The Mayor, rrernbers 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 of equitable interest, whether tactually 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 agrcomenf _ g, "Consultant_" Any person or firm, such as engineers and archttects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation, ?age A4 of 48 2 of 14 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUSINESS DESIGNATION FORM RFP No. 152 Uniformed Security Guard Services ENSURE THIS FORM IS SUBMITTED WITH YOUR BID RESPONSE PLEASE INDICATE WHETHER YOUR COMPANY IS ANY ONE OF THE FOLLOW NG: U YES ( NO - CERTIFIED HISTORICALLY UNDERUTILIZED BUSINESS (HUB) Select all that are appropriate; ASIAN PACIFIC' BLACK HISPANIC 0 NATIVE AMERICAN WOMAN Pose visit the following wetsi1e for infcrmatiort on be:c-2.rreiga i exras Certiried HU 'WNW i iL :pk,51 tw?Loyptri-. i---fi i,Li -1} LJ YES NO - LOCAL SMALL BUSINESS (LSO) A for-profit entity employing less thon 49 employees €ocoted within the ON limits of Corpus Christi, Tes s X I YES NO OTHER (PLEASE SPECIFY): WBENC: Woman's Business Enterprise National Council THIS COMPANY IS NOT A CERTIFIED HUB or LSB THE INFORMATION REQUESTED IN THIS FORM !S FOR STATISTICAL REPORTING PURPOSES ONLY AND WILL NOT INFLUENCE AWARD DECISIONS OR THE AMOUNT OF MONIES EXPENDED WITH ANY GIVEN COMPANY. Firrn Name: BasE Security & Fire Consultants, LLC Address: City_ 24301 Brazos Town Xing #500-9 Rosenberg Stcste: TX zap: 77417 Signature o erson Authorized to Sign Form Signer's Name` Sandra Basile (Please print or type Poge 45 of 48 Telephone: 713-428-1289 Ext. Fax: 832-595-1123 E-rr ii: adminabasesecurityand{ire Date; Title; 3 of 14 4�gst 15, 2016 Executive Officer CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Compete Nos. 1- 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. OFFICE USE ONLY CERTIFICATION OF FILING Certificate Number: 2016-92146 Date Filed: 07/28/2016 Date Acknowledged: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. BasE Security and Fire Consultatns LLC Rosenberg, TX United States 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Corpus Christi Texas 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 152 Provide Uniformed Security Guard Services both Armed and Unarmed personnel to provide protection to selected city assets . 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Basile, Sandra Rosenberg, TX United States X Esparza, Amanda Richmond, TX United States X Basile, Richard Rosenberg, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear, or affirm, under penalty of perjury, that the above disclosure is true and correct. Signair of authorized agent of contracting business entity AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said 5 +fi n 1 this the day of ► Crt "r , 20 i -L , to certify which, witness my hand and seal of office. 1[ ..(blusA. •V •''e ANUJA TAILOR MY COMMISSION EXPIRES .-- oft-` JUNE 13, 2019 f 'S Y'' 1Vp Signa of officer administering oath Printed name of officer administering oath Title of officer administering oath ed by Texas Ethics Commission www.ethics.state.tx. us 4 of 14 Version V1.0.277 The Private Security Board certifies that: BASE SECURITY & FIRE CONSULTANTS LLC 5 of 14 REFERENCES RF? No. 152 Uniformed Securer Guard Services r. CURRENT CLIENT Reference 1 Organization name: IFleet Safety Equipment. inc_ Contact and title: Shannon Lightsey, Operations Mgr Address: 6525 Goforth St. Phone number: (832) 512-7157 Effective date of contract: Feb 2016 Number of Uniformed Security Guards placed: 4 Description of services provided: Guard Service and Security Assessments b. CURRENT. CLIENT Reference 2 Organization name: Hines Security Solutions Contact and titfe: Doug Hines, Owner Address: 6566 Stork St. Ventura, CA 20146 Phone number: (805) 509- 8655 Effective date o contract: June 2011 Number of Uniformed Security Guards placed: 0 Description of services provided: Security Instructor and Training for Security Guards and Managrnent c. CURRENT CLIENT Referen e3 Organization name: 1 Contact and title: Address: Phone number_ Effective date of contract: Number of Unifarred Security Guards placed: Description of services provided: :Page 4' of 48 6 of 14 d. FORMER CLIENT Reference 1 Organization name: Anacostia Bolling Joint Base Contact and Me: Larry Stevenson/ Anti -terrorism Officer Address: 6935 Riverdale Rd Lanham, Mtn 20706 Phone number: (202) 304-6995 Effective date of contract: April 2011 Number of Uniformed Security Guards placed: 250 Description of services provided: Director of Security Reason for termination_ Retired e. FORMER C ENT Reference 2 Organization name: Andy Frain = Contact and title: Shannon Ligh-tsey, Operations Mgr Address: 3803 Aspen Glen Spring,TX 77388 Phone number: (832) 512-7157 Effective date of contract: Sept 2015 Number of Uniformed Security Guards placed: 30 Description of services provided_ Managed Security Guards Reason for termination: Went to work with current employer (BasE) Iii RMER CLIENT Reference 3 Organization name: Contact and title: Address: Phone number:- Effective date- of contract: Number of Uniformed Security Guards priced: Description of services provided: Reason for fermi lion: Poke42or4s 7 of 14 REFERENCES RF? No. 152 Uniformed Securer Guard Services r. CURRENT CLIENT Reference 1 Organization name: IFleet Safety Equipment. inc_ Contact and title: Shannon Lightsey, Operations Mgr Address: 6525 Goforth St. Phone number: (832) 512-7157 Effective date of contract: Feb 2016 Number of Uniformed Security Guards placed: 4 Description of services provided: Guard Service and Security Assessments b. CURRENT. CLIENT Reference 2 Organization name: Hines Security Solutions Contact and titfe: Doug Hines, Owner Address: 6566 Stork St. Ventura, CA 20146 Phone number: (805) 509- 8655 Effective date o contract: June 2011 Number of Uniformed Security Guards placed: 0 Description of services provided: Security Instructor and Training for Security Guards and Managrnent c. CURRENT CLIENT Referen e3 Organization name: 1 Contact and title: Address: Phone number_ Effective date of contract: Number of Unifarred Security Guards placed: Description of services provided: :Page 4' of 48 6 of 14 l3asE Security & Fire Consultants, LLC, 24031 Brazos Town Xing 500-9 Rosenberg, TX 77417 713-428-1209 www.basesecurityandfire.com STATEMENT OF QUALIFICATIONS In Compliance with Texas State Law, BasE Security & Fire Consultants LLC (BasE) (State License C20027) was founded in Jan 2015 as a security guard and consulting company providing the following services; security guard services, security and fire assessments, security training classes, L2 guard certification classes and investigations. The company has a total of 74 years of combined experience in Security Guard Services, Law Enforcement, fire and emergencies services along with safety services. Both Owner and Operations Manager held top secret federal security clearance and hold active certifications from FEMA in the area of Security and Emergency Management. This document will provide information which will demonstrate that we meet the requirements under Addendum 2, paragraph 2.2B. The Operations Manager, Mr. Richard Basile, has over 42 years of experience with the Department of Defense (within the United States and at overseas Military Installations) in the areas of Security and Law Enforcement which included: standing posts, Special Agent for the United States Army Criminal Investigations Command (USACIDC), Security Officer, Anti - Terrorism Officer (ATO) , managing the Civilian Security Guard Services, Development and execution of Security Assessments, training of First Responders, development, implementation, testing and execution of Security Plans and pre -planned responses to natural and terrorist incidents, development and implementation of mitigation strategies of vulnerabilities identified during said assessments. Since his retirement from Military Service the company's Operations Manager has worked as the Directory of Security & Law Enforcement over several military instillations that encompassed full functioning facilities including but not limited to Housing, Library, Public Works facilities, Gyms, Hospitals, Mercantile business, Court Houses, Schools, Emergency Services, airfields, ports and critical infrastructures. Duty Stations include: • Naval Station Ingleside Security Department: overseeing a security force, at its peck, of approx. 225 Security Guards and Patrolmen. He took the helm shortly after the 911 attacks and managed the department while the nation was under Force Protection Delta. He managed the influx of military troops being assigned to the station during the post 911 operations. Under his direction and supervision Ingleside Naval Station was ranked among the top 10% of Naval Security Departments Worldwide. 8 of 14 • Naval Air Station Sigonella, Sicily Italy: overseeing a security force of approx. 350 Security Guards and Patrolmen. During his tenure overseas he was in charge of the security force protection at the start of the Libyan Crisis. Which created heightened security risks and an influx of NATO troops to the base. His program won the Regional ATO award, the European ATO Award and runner up in the Department of Defense ATO program. • Joint Base Anacostia Bolling, Washington DC: overseeing a security force of approx. 250 Security Guards and Patrolmen. Mr. Basile, along with everyday duties of security protection for the base, managed first level guard service for the president's helicopters and limousine fleet. He was an active participant and advisor in the EOC during the Navy Yard Shooting of 2013. Owner/ Executive Manager, Sandra Basile, while working in the Fire and Emergency Services within the Department of Defense (both in the United States and at overseas Military Installations) was responsible for developing, implementing, training and testing of all fire plans for Military Installations worldwide and for DOD. She worked closely with security to maintain the safety of the base inhabitants in case of active shooters, evacuation procedures and any security concerns pertaining to sheltering during emergency situations. Ms. Basile served as Assistant Fire Chief at Naval Station Sigonella, Sicily Italy. She oversaw emergency response for the community including but not limited to: housing, airfield, schools, mercantile facilities, libraries and ports. She would insure that all plans and training were in accordance with Department of Homeland Security and DOD regulations. Additionally, she maintained daily logs and would provide after action reports on all drills, training and real life actions with recommendations to mitigate any vulnerabilities. She was a member of the School and Safety board, she coordinated the Schools Fire Warden program_ A special note should be made of her winning the Fire Prevention Program for the European theater of operations two years in a row. Her knowledge of DODea schools, Homeland Security and DOD Security and Safety requirements sets her apart in her field. Owner/ Office Manager, Amanda Esparza, is the backbone of the company. Her extensive experience in office management is what keeps the machine well oiled. She manages and maintains: payroll, employee files, background checks, credit checks, accounts payable and receivable. Her 15yrs of experience working for a worldwide software company has brought an expertise that is an irreplaceable asset to BasE. 9 of 14 BasE understands the importance of hiring a well-trained and experienced security guard staff. The qualities they look for in our Security Officers are: Professionalism, Appearance, Integrity, Sound Judgment, Tactful Behavior, Exemplary Conduct, Reliability, Loyalty and Dedication. This process is to ensure that the Security Officers, that are brought on board, have the same dedication, determination and commitment to clients that the company does. The company will be implementing a Trackforce system. Trackforce is a web based security guard tracking system that will ensure accurate time keeping for guard tours, "real time" round tracking, daily reports and journals and proper invoicing Lead by Example is the company motto: The management of BasE believes in setting the example for their employees to follow. There are several types of management styles to choose from which covers fiscal, logistics (property), and personnel each with its own purpose. In regards to fiscal and logistics BasE believes they we are fiscal stewards of our clients and employees and that they provide a quality service at the best possible cost. As for personnel management they believe in empowering their employees to be successful and allowing them to grow with the company. They believe in rewarding their employees for great performance. BasE also believes in addressing all concerns which their clients may have regarding performance and services rendered. They unwaveringly believe in rewarding exceptional performance and swiftly correcting inappropriate and unprofessional behavior. BasE ensures poor performance is corrected: ranging from talking to our employees and if needed removing them from the contract. They believe in keeping trained and vetted officers in reserve so that if the need arises to replace officers, it occurs seamlessly and with no problem to the customer. Mission Statement BasE Security & Fire Consultants, LLC are committed to providing a professional security force, which will provide a safe and secure environment, to enable our clients to meet and/ or exceed their mission requirements, goals and objectives. To always be part of the solution and not the problem. 10 of 14 Security Officers are given a performance evaluation each quarter and, if they have had outstanding performance rating, they will receive a bonus award each quarter. This is a progressive bonus that increase with each quarter that is performed without any missteps and/or complaints. Additionally, they believe in upward mobility for Security Officers who have demonstrated their professionalism, dedication, and determination to the company and their clients. BasE believes that giving back to their employees and making them feel like part of a team will foster better work performance. They train the staff to understand the vulnerability of apathy and complacency, the importance of public interaction and quick intervention. BasE is not presently operating in Corpus Christi but has a history with the city. The two owners were raised in Corpus and are proud to call Corpus Christi their hometown. Because there are no present operations, a new staff will have to be assembled. While there will be no employment history with the company itself, the staff is presently vetting applicants that have no Tess than two years' experience for unarmed guards and three years for armed guards, utilizing "indeed" an on line employment service, the company web site and networking with past professional aquatints that have candidates for the positions. They are also hopeful, that with the city's recommendation, they will be able to consider retention of some of the present contract staff. Sandra S. Basile Executive Manager BasE Security & Fire Consultants, LLC. 11 of 14 BasE Security & Fire Consultants, LLC. 24031 Brazos Town Xing 500-9 Rosenberg, TX 77417 713-428-1289 www.basesecurityandfire.com Contact Information As per Addendum No. 2: 2.2 Proposer's Minimum Requirements: We are providing the following contact information: Name Title Contact Number CeII Phone Number Mailing Address e-mail Sandra Owner/ (713) (361) 24301 Brazos Basile Executive 428-1289 633-9266 Town Xing 500-9 admin@basesecurityandfire.com Manager Rosenberg, TX 77417 Amanda Owner/ (713) (713) 24301 Brazos Esparza Office 428-1289 870-8049 Town Xing 500-9 admin@basesecurityandfire.com Manager Rosenberg, TX 77417 Richard Local (713) (361) 24301 Brazos Basile Operations 428-1289 633-6316 Town Xing 500-9 admin@basesecurityandfire.com Manager & Rosenberg, TX Direct 77417 Supervisor Rocky Lead (337) (337) 8015. Bridge St. Rockyybarra88@gmail.com Salinas Security 397-6710 397-6710 Victoria, TX Guard 77901 12 of 14 DATE: August 18, 2016 CITY OF CORPUS CHRISTI Pricing Form PURCHASING DIVISION RFP No. 152 Uniformed Security Guard Services BasE Security & Fre Consultants, LLC_ PROPOSER RUTH FD SIGNATURE PAGE': OF 2 1. Refer to "Instructions to Proposers" and Contract Terms and Conditionsbetdre completing bid. 2. Quote your best price for each item. 3. in submitting this bid, Proposer certifies that: a. the prices in this proposal have been arrived at independently. without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices: b_ Proposer is an Equal Opportunity Employer: and the Disclosure of interest information an file with City's purchasing office, ;Pursuant to the Code of Ordinances, is current and true_ c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing, ITEM _____.� _UN1T DESCRIPTION 41d UNIT PRICE TOTAL PRICE 1.0 city Hall - Estimated hours of security service required for 12 months 1 1.1 Lead Security Guards posted at City 8,?43 HRS $14/5 $131,909.25 1.2 Backup Security Guards posted at City Hall 2,0 HRS 514.75 $ 30,880-00 1.3 Security Screeners pasted at City Hall 2,080 ' HRS $14.75 $ 30,68a0€ 2.0 frost Bank Building .. Estimated hours or security service required for 12 months 2.1 Unarmed Level 2 Security Guards posted at 4,160 . HRS $1415 61,360.00 Frost Budding 3.0 juvenile Assessment Center - Estimated hours of security service required for 12 months 3.1 Unarmed Levet 2 Security Guards posted at 5,156 i HRS $14.75 $ 76.051.00 Juvenile Assessment Center L 13 of 14 INSURANCE BINDER - REVISED TERMS AND CONDITIONS OF THIS CONFIRMATION OF INSURANCE MAY NOT COMPLY WITH THE SPECIFICATION UENIITTED FOR CONSIDERATION. PLEASE READ THIS CONFIRMATION CAREFULLY AND COMPARE IT WITH ANY QUOTE ANI UBMISSION DOCUMENTS AND REVIEW TIIE POLICY FORMS FOR THE ACTUAL COVERAGES PROVIDED. ACCORDANCE WITH YOUR INSTRUCTIONS, AND IN RELIANCE UPON THE STATEMENTS MADE BY THE RETAIL BROKER IN SURED'S APPLICATION/SUBMISSION, WE HAVE OBTAINED INSURANCE AT YOUR REQUEST AS FOLLOWS: DATE ISSUED: PRODUCER: INSURED: INSURER: POLICY NO.: Oct 30, 2015 Aventine Risk Managers, LLC 26246 US Highway 19 N Clearwater, FL 33761 Base Security & Fire Consultants LLC 24301 Brazos Town Xing #500-9 Rosenberg, TX 77471 Western Heritage Insurance Company - Program SCP -1007759 COVERAGE: Security & Patrol Services Program POLICY PERIOD: 10/15/2015 TO 10/15/2016 TERM: 365 12:01 A.M.STANDARD TIME AT THE LOCATION ADDRESS OF THE NAMED INSURED. THIS INSURANCE BINDER WILL BE TERMINATED AND SUPERSEDED UPON DELIVERY OF THE FORMAL POLICY(IES) ISSUED TO REPLACE IT. LIMITS OF LIABILITY: $2,000,000 General Aggregate Limit Included Products -Completed Operations Aggregate Limit $1,000,000 Each Occurrence Limit $1,000,000 Personal & Advertising Injury Limit $100,000 Damage to Premises rented to you $5,000 Medical Expense Limit $50,000 Propety Damage Extension $300,000/$600,000 Assault and Battery $50,000 Electronic Data $100,000/300,000 Lost Key Coverage Errors & Omissions $1,000,000 Each Claim $2,000,000 Aggregate DEDUCTIBLE: Not Applicable PREMIUM: $1,000.00 POLICY FEES: $160.00 TAXES & FEES: $56.26 $0.70 Att. 1 Pg 1 of 3 TOTAL: POLICY FORM: RETENTION: COINSURANCE: EXPOSURES: RATE: $1,216.96 OCR N/A% TERMS / CONDITIONS: (a) 15% MINIMUM EARNED PREMIUM AT INCEPTION. (b)ENDORSEMENTS / NOTABLE EXCLUSIONS: IL 00 03 Calculation of Premium IL 00 21 Nuclear Energy Exclusion WHI 20-0117 Service of Suit WHI 20-0295 Commercial Policy Declarations WHI 20-0297 Commercial Policy Jacket WHI 20-0399 Forms & Endorsements Schedule WHI 20-0478 Amendment of Common Policy Conditions WHI 29-0525 Named Insured and Location Schedule WHI 40-0522 Limits of Insurance Endorsement WHI 40-1127 Minimum Retained Premium Provision -Amended Percentage WHI NOT -014 Policy Holder Notice - Terrorism (disclosure form) Notice of Terrorism Coverage CG 00 01 General Liability Coverage Form CG 04 37 Electronic Data Liability CG 21 16 Professional Exclusion CG 21 34 Exclusion - Designated Work CG 21 49 Total Pollution Exclusion CG 21 53 Exclusion - Designated Ongoing Operations CG 21 67 Fungi and Bacteria Exclusion CG 21 70 Cap on Losses - Certified Acts of Terrorism CG 21 96 Silica or Silica -Related Dust Exclusion CG 22 79 Exclusion -Contractors Professional Liability CG 24 26 Amendment of Insured Contract WHI 21-0194 WHI 21-0210 Will 21-0261 Will 21-0296 WHI 21-0300 Will 21-0375 WHI 21-0376 WHI 21-0395 WHI 21-0421 WHI 21-0467 WHI 21-0482 WHI 21-0486 WHI 21-0490 Will 21-0686 Combined. Special Provisions - Liability Ins. Sexual And/Or Physical Abuse Liability Coverage Form Subcontractors Warranty General Liability Coverage Declarations Page General Liability Supplemental Dec Limited Coverage - Assault or Battery Assault or Batter Exclusion Property Damage Extension Endorsement - Care, Custody and Control Lost Key Coverage Endorsement Non -Stacking of Limits Endorsement Exc1-BI to Contractors and Employees Sexual and/or Physical Abuse Exclusion Amendment of Conditions Errors and Omissions Coverage Form Att.1 P92 of3 WHI 21-0687 WHI 21-1032 WHI 29-0716 Errors and Omissions Supplemental Declarations Total Animal Exclusion Identity Recovery Coverage (0) ATTACHMENTS / SUBJECT TO: It is your responsibility as a producer for Cochrane & Company to notify our office if certificates are required for this account. Cochrane & Company will not be held responsible for additional fees charged for failure to issue certificates that are not requested in a timely manner. Certificates can be issued at www.cochraneco.com or you may submit a request to our office for certificate generation. (d) ALL OTHER TERMS AND CONDITIONS APPLY PER FORM Premium payment is due on the 15th day of the month following billing unless otherwise stipulated. ANCELLATION: THIS POLICY IS SUBJECT TO THE CANCELLATION PROVISIONS AS FOUND IN THE POLICY(IES) OR CERTIFICATES, NTLY IN USE BY THE INSURER THE INSURANCE EFFECTED UNDER THE INSURERS BINDER CAN BE CANCELLED BY SURER (SUBJECT TO STATUTORY REGULATIONS) BY MAILING, TO THE INSURED AT THE ADDRESS STATED ON THE FACE OF THE ONFIRMATION OF INSURANCE, WRITTEN NOTICE STATING WIIEN SUCH CANCELLATION SHALL BE EFFECTIVE. IN THE EVENT, OF CANCELLATION BY THE INSURED, THE EARNED PREMIUM WOULD BE SUBJECT TO THE MINIMUM PREMIUM IF APPLICABLE. • • S CONFIRMATION OF INSURANCE IS ISSUED BASED UPON THE INSURERS AGREEMENT TO BIND AND IS ISSUED BY THT ERSIGNED WITHOUT ANY LIABILITY WHATSOEVER AS AN INSURER. Reference #:2660123 Tiah Smith, Undewriting Assistant tsmith@rochraneco.com TOTAL NUMBER OF PAGES: 2 INSURED: Base Security & Fire Consultants LLC DATE ISSUED: Oct 30, 20IS Att. 1 on 3 of 3 GLENN HE GAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS The Texas Comptroller of Public Accounts (CPA) administers the Statewide Historically Underutilized Business (HUB) Program for the State of Texas, which includes certifying minority and woman -owned businesses as HUBS and is designed to facilitate the participation of minority and woman -owned businesses in state agency procurement opportunities. We are pleased to inform you that your application for certification/re-certification as a HUB has been approved. Your company's profile is listed in the State of Texas HUB Directory and may be viewed online at http:l/www.window.state.tx.us/procurement)/cmbl/hubonly.html. Provided that your company continues to meet HUB eligibility requirements, the enclosed HUB certificate is valid for four years. You must notify the HUB Program in writing of any changes affecting your company's compliance with the HUB eligibility requirements, including changes in ownership, day-to-day management, control and/or principal place of business. Note: Any changes made to your company's information may require the HUB Program to re-evaluate your company's eligibility. Please reference the enclosed pamphlet for additional resources, such as the state's Centralized Master Bidders List (CMBL), that can increase your chance of doing business with the state. Thank you for your participation in the HUB Program! If you have any questions, you may contact a HUB Program representative at 512-463-5872 or toll-free in Texas at 1-888-863-5881. Texas Historically Underutilized Business (HUB) Certificate CertificateNlD Number: 1472877132100 417 HUB FileNendor Number: 492976 Approval Date: 12-NOV-2015 Scheduled Expiration Date: 12-NOV-2019 MawIdsLindonaillaid Maim The Texas Comptroller of Public Accounts (CPA), hereby certifies that BASE SECURITY & FIRE CONSULTANTS LLC. has successfully met the established requirements of the State of Texas Historically Underutilized Business (HUB) Program to be recognized as a HUB. This certificate printed 13-NOV-2015, supersedes any registration and certificate previously issued by the HUB Program. If there are any changes regarding the information (i.e., business structure, ownership, day-to-day management, operational control, business location) provided in the submission of the business' application for registration/certification as a HUB, you must immediately (within 30 days of such changes) notify the HUB Program in writing. The CPA reserves the right to conduct a compliance review at any time to confirm HUB eligibility. HUB certification may be suspended or revoked upon findings of ineligibility. Paul Gibson, Statewide HUB Program Manager Texas Procurement and Support Services Note' In order for State agencies and institutions of higher education (universities) to be credited for utilizing this business as a HUB, they must award payment under the CertificateNID Number identified above. Agencies and universities are encouraged to validate HUB certification prior to issuing a notice of award by accessing the Internet (http:llwww.window.state.tx.uslprocurementicmbi/cmblhub.html) or by contacting the HUB Program at 1-888-863-5881 or 512-463-5872. Rev. 01/15 Attachment 2 Attachment 3 NAICS Codes: 661612, 561611 UNSPSC Codes: 92121504 r , Run: 11/02/2018 at 5:00 AM Acct # Account Description CITY OF CORPUS CHRISTI, TEXAS APPROPRIATION EXPENDITURE REPORT BY ORGANIZATION FOR THE 2 MONTHS ENDED November 30, 2018 ORGANIZATION: 31010 - Stevens Filter Plant Fund: 4010 - Water Fund 4010 Annual Original Budget Amended Budget Commitments & Expenditures Encumbrances Unencumbered % of Budget Balance Expended 510100 510200 510300 511000 513000 513001 530070 520010 520025 520030 520035 520040 520050 520060 520090 520100 520105 520110 520120 520130 520140 520150 520160 530000 530080 530100 530140 530150 530160 530170 530180 530200 530210 530220 Salaries and Wages Overtime Other Pay Retirement Group insurance benefits Other employee benefits Temporary services Total Personnel Costs 2,461,626.00 197,025.00 15,000.00 845,144.00 308,755.00 25,197.00 392,945.00 4,245,692.00 2,461,626.00 197,025.00 15,000.00 845,144.00 308,755.00 25,197.00 402,821.94 4,255,568.94 198,116.38 30,051.61 5,541.09 63,047.49 23,839.96 376.70 4,735.42 325,708.65 0.00 0.00 0.00 0.00 0.00 0.00 5,141.52 5,141.52 2,263,509.62 166,973.39 9,458.91 782,096.51 284,915.04 24,820.30 392,945.00 3,924,718.77 8.05 15.25 36.94 7.46 7.72 1.50 2.45 7.77 Purification chemicals First aid supplies Chem/hsld supplies INV c Janitorial supplies Clothing Fuel & lubricants Books and Periodicals Minor tools & equip Computer equip & softwai Computer software Minor office equipment Office Supplies Maint & repairs Hydrants parts supl Meter/sery cnnct mat Pipe, fittings, drng INV clri Professional services Light heat & power Vehicle repairs Postage & express charg( Uniform rentals Rentals Mileage reimbursement Non -Capital Lease Paym( Telephone/telegraph/cable Building maint & service Demolition/clean-up servii 6,806,760.00 8,787,564.22 624.00 624.00 246,504.00 288,649.79 8,004.00 9,238.88 6,000.00 6,455.80 60,000.00 62,685.68 996.00 996.00 117,000.00 129,701.75 8,004.00 12,760.85 28,476.00 28,476.00 2,004.00 2,004.00 4,200.00 7,696.37 561,228.00 678,673.53 996.00 996.00 4,500.00 4,500.00 60,000.00 70,723.30 830,964.00 1,157,862.94 3,542,000.00 3,542,000.00 3,000.00 3,000.00 348.00 348.00 9,996.00 9,996.00 55,800.00 86,639.74 3,000.00 3,000.00 20,004.00 21,606.86 62,700.00 62,700.00 0.00 8,527.46 75,000.00 79,438.61 520,631.46 125.79 20,105.15 2,163.42 464.46 4,953.78 0.00 17,905.66 45.90 0.00 0.00 639.73 23,048.93 0.00 0.00 3,187.69 63,106.91 414,849.13 0.00 320.72 1,646.13 417.28 0.00 1,688.97 11,093.38 2,298.12 0.00 2,235,625.65 6,031,307.11 31.37 0.00 498.21 20.16 23,735.98 244,808.66 15.19 197.76 6,877.70 25.56 455.80 5,535.54 14.25 2,685.68 55,046.22 12.19 0.00 996.00 0.00 10,829.61 100,966.48 22.15 20,303.84 (7,588.89) 159.47 0.00 28,476.00 0.00 0.00 2,004.00 0.00 2,951.19 4,105.45 46.66 153,069.14 502,555.46 25.95 889.65 106.35 89.32 0.00 4,500.00 0.00 11,310.06 56,225.55 20.50 316,398.32 778,357.71 32.78 0.00 3,127,150.87 11.71 0.00 3,000.00 0.00 0.00 27.28 92.16 425.43 7,924.44 20.72 35,429.82 50,792.64 41.37 0.00 3,000.00 0.00 3,498.70 16,419.19 24.01 0.00 51,606.62 17.69 10,320.23 (4,090.89) 147.97 4,438.61 75,000.00 5.59 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting of November 27, 2018 DATE: November 13, 2018 TO: Keith Selman, Interim City Manager FROM: Kevin Norton, Director of Water Utilities Kevinn a@cctexas.com (361) 826-1874 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2@cctexas.com (361) 826-3169 Purchase of Anti -Cavitation Hytrol Valve for O. N. Stevens Water Treatment Plant CAPTION: Resolution authorizing the purchase of an anti -cavitation hytrol valve from The Scruggs Company of Houston, Texas for a total amount not to exceed $57,221.59. PURPOSE: To approve the purchase of a 20" anti -cavitation hytrol valve for O. N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The Utilities Department, O.N. Stevens Water Treatment Plant, utilizes the 20" anti - cavitation hytrol valve, Cla-Val model 100-01 KO to sustain and control the ground storage tank level by regulating the main distribution, water and pressure at the Staples Pump Station. This is a Sole Source purchase. The Scruggs Company is the authorized distributor for Cla-Val products. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department -Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $1,034,102.90 $0.00 $1,034,102.90 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $57,221.59 $0.00 $57,221.59 BALANCE $976,881.31 $0.00 $976,881.31 Fund(s): Water Comments: The cost is for a total amount not to exceed $57,221.59 and funded in FY2018-19. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing the purchase of an anti -cavitation hytrol valve from The Scruggs Company of Houston, Texas for a total amount not to exceed $57,221.59. WHEREAS, The Scruggs Company will provide this valve for the Utilities -Water Department; WHEREAS, this valve will be critical in sustaining the ground storage tank level. WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there are two statutory exceptions for this procurement in Local Government Code, Section 252.022(a) (2) and (a) (7) (D), as this purchase is necessary to preserve or protect the public health and safety of the municipality's residents and these captive replacement parts are available from only one source. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a purchase from The Scruggs Company, of Houston, Texas, as a sole source purchase necessary to protect the public health and safety of the City's residents, for a total amount not -to -exceed $57,221.59. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 1 of 2 Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 2 of 2 City of Corpus Christi Purchasing Division Buyer: Cynthia Perez Price Sheet 20" CIa- Val TOTAL $57,221.59 The Scruggs Company Houston, Texas ITEM DESCRIPTION Qty. Unit Unit Price Total 1 20" CIa-Val 150#FL 1 Each $53,621.59 $53,621.59 2 3 days start up 3 Each $1,200.00 $3,600.00 TOTAL $57,221.59 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting of November 27, 2018 DATE: November 13, 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 Purchase of Rotary Actuators for O. N. Stevens Water Treatment Plant CAPTION: Resolution authorizing the purchase of rotary actuators for O. N. Stevens Water Treatment Plant from Harold Beck & Sons, Inc. of Newtown, Pennsylvania for a total amount not to exceed $101,741.50. PURPOSE: To approve the purchase of rotary actuators for O. N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The Utilities Department, O.N. Stevens Water Treatment Plant, is purchasing the rotary actuators to be used for all SCADA controlled valves in the filter gallery, all butterfly valves for the filter effluents and backwash system. This product is an electric actuator utilizing 120 volts AC; opening, closing or modulate valves, adjusting process flow by receiving process control signal demand to manipulate open and close process valve through the filters, or control the chemical feed system without the need of a gearbox. This item is a Sole Source purchase. Harold Beck and Sons is the only authorized source for this product. ALTERNATIVES: Not applicable. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Utilities Department -Water FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $699,996.00 $0.00 $699,996.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $101,741.50 $0.00 $101,741.50 BALANCE $598,254.50 $0.00 $598,254.50 Fund(s): Water Comments: The cost is for a total amount not to exceed $101,741.50 and funded in FY2018-19. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing the purchase of rotary actuators for O. N. Stevens Water Treatment Plant from Harold Beck & Sons, Inc. of Newtown, Pennsylvania for a total amount not to exceed $101,741.50. WHEREAS, Harold Beck & Sons, Inc. will provide these rotary actuators for the Utilities -Water Department; WHEREAS, this rotary actuators will be critical in sustaining the SCADA controlled valves. WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there are two statutory exceptions for this procurement in Local Government Code, Section 252.022(a) (2) and (a) (7) (D), as this purchase is necessary to preserve or protect the public health and safety of the municipality's residents and these captive replacement parts are available from only one source. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or designee, is authorized to execute all documents necessary to secure a purchase from Harold Beck & Sons, Inc., of Newtown, Pennsylvania, as a sole source purchase necessary to protect the public health and safety of the City's residents, for a total amount not -to -exceed $101,741.50. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor Page 1 of 2 Corpus Christi, Texas day of , 20 The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 2 of 2 City of Corpus Christi Purchasing Division Buyer: Cynthia Perez Price Sheet Rotory Actuators TOTAL $101,741.50 Beck Newtown, Pennsylvania ITEM DESCRIPTION Qty. Unit Unit Price Total 1 11-469 Rotary Actuator 5 Each $12,428.50 $62,142.50 2 11-309 Rotary Actuator 4 Each $9,274.75 $37,099.00 3 Freight 1 Each $2,500.00 $2,500.00 TOTAL $101,741.50 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting November 27, 2018 DATE: November 13, 2018 TO: Keith Selman, Interim City Manager FROM: Andres Leal, Jr., P.E., Director of Street Operations andyl@cctexas.com (361) 857-1957 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Supply Agreements for Hot Mix Asphaltic Concrete for Street Operations CAPTION: Motion authorizing two three-year supply agreements for the purchase of hot mix asphaltic concrete one with Bay Ltd. and one with HAC Materials, Ltd. both of Corpus Christi, Texas for the total combined amount not to exceed $7,515,516. Bay, Ltd. HAC Materials, Ltd. Corpus Christi, Texas Corpus Christi, Texas $5,220,516 $2,295,000 Primary Supplier Secondary Supplier PURPOSE: This item is to approve the purchase of hot mix asphaltic concrete for Street Operations. BACKGROUND AND FINDINGS: Street Operations uses hot mix asphaltic concrete (HMAC) for potholes, base failures, utility cuts, skin patches, and level -ups to repair and maintain city streets. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two bids. This bid indicated a primary and secondary award would be established to provide for a backup supplier to the contract in the event the primary supplier is unable to provide the product. An estimated 70/30 percentage split is projected to be purchased from each of the suppliers. Staff is recommending Bay, Ltd. the lowest, responsive, responsible bidder as the primary vendor and HAC Materials, Ltd as the secondary vendor. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY / NON -EMERGENCY: Non -emergency. DEPARTMENTAL CLEARANCES: Street Operations FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $2,782,825.80 $5,010,344.00 $7,793,169.80 Encumbered / Expended Amount $17,076.68 $0.00 $17,076.68 This item $2,505,172.00 $5,010,344.00 $7,515,516.00 BALANCE $260,577.12 $0.00 $260,577.12 Fund(s): Streets Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreements CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION TITLE: RFB 1762 Hot Mix Asphaltic Concrete Pavement Material BUYER: Cynthia Perez Supplier 1 Supplier 2 Berry Contracting dba Bay Ltd Corpus Christi, TX HAC Materials, Ltd. Corpus Christi, TX ITEM DESCRIPTION Unit QTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Hot Mix Asphaltic Concrete Pavement Item 340, PG 64-22, Type D, supplied with an anti -stripping agent. Tons 90,000 $76.72 $6,904,800.00 $79.50 $7,155,000.000 2 After hours and weekend service Hot Mix Asphaltic Concrete Pavement Item 340, PG 64- 22, Type D, supplied with an anti -stripping agent. Tons 6,000 $92.18 $553,080.00 $82.50 $495,000.000 TOTAL $7,457,880.00 $7,650,000.00 Attachment B- Bid/Pricing Schedule Date: 09/19/2018 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 1762 Hot Mix Asphaltic Concrete Pavement Material Berry Contracting, LP dba gay Lid, Authorized Bidder: Signature: PAGE 1 OF 1 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2, Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form. Bidders will be considered Non - Responsive if the bid form is modified. Item Description UNIT 3 yr.- qty Unit Price Total Price 1 Hot Mix Asphaltic Concrete Pavement Item 340, PG 64-22, Type D, supplied with an anti - stripping agent. Tons 90,000 $ 76.72 $ 6,904,800.0C 2 Atter hours and weekend service Hot Mix Asphaltic Concrete Pavement Item 340, PG 64-22, Type D, supplied with an anti - stripping agent. Tons 6,000 $ 92.18 $ 553,080.00 Total $7,457,880.00 Bay Ltd. is the primary vendor and was awarded 70% of the bid. 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 (1 0) 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. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing-Street Dept. Delivery of Hot Mix Asphaltic Concrete Pavement Material 07/20/2018 sw Risk Management Valid Through 12/31/2018 • Attachment D - Warranty Requirements Section 8 Warranty Sub Section (b) is null and void for this Supply Agreement. i SUPPLY AGREEMENT NO. 1941 Hot Mix Asphaltic Concrete Pavement THIS Hot Mix Asphaltic Concrete Pavement Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and HAC Materials Ltd. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Hot Mix Asphaltic Concrete Pavement in response to Request for Bid No. 1762 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Supplier's bid response are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Supplier agree as follows: 1. Scope. Supplier will provide Hot Mix Asphaltic Concrete Pavement in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. This Agreement is for 36 months. The parties may mutually extend the term of this Agreement for up to zero additional zero -month periods ("Option 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 $2,295,000.00, subject to approved extensions and changes. Payment will be made for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form 12/15/17 Name: Peter Muniz Department: Street Operations Phone: (361) 826-1951 Email: petemu©cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Supplier must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of products to be provided by the Supplier over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Supplier a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Supplier until such time as the products are delivered and accepted by the City. 7. Inspection and Acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Supplier, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Supplier within 30 days of receipt of City's invoice. 8. Warranty. (A) The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Supplier warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Supplier or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering 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. Supplier will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Supplier be considered an employee of the City. 12. Subcontractors. Supplier may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Supplier must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid. In using subcontractors, the Supplier is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Supplier. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Supplier and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Supplier covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form 12/15/17 faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Peter Muniz Title: Finance and Resource Mgmt. Superintendent Address: 2525 Hygeia, Corpus Christi, Texas 78415 Phone: (361) 826-1951 Fax: (361) 826-1627 IF TO SUPPLIER: HAC Materials, Ltd. Attn: Darryl O. Haas Title: President Address: P.O. Box 7692, Corpus Christi, Texas 78467 Phone: (361) 853-2535 Fax: N/A 17. SUPPLIER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE SUPPLIER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE SUPPLIER OR ITS EMPLOYEES OR AGENTS. SUPPLIER MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF SUPPLIER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 18. Termination. (A) The City Manager may terminate this Agreement for Supplier's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Supplier written notice of the breach and set out a reasonable opportunity to cure. If the Supplier has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Supplier. The City Manager may also terminate this Agreement upon 24 hours written notice to the Supplier for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Supplier, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Supplier is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Supplier's bid response (Exhibit 2). 22. Certificate of Interested Parties. Supplier agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Supplier verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form 12/15/17 SUPPLIER Signature: Printed Name: o/y-i c )04.,".4- Title: 04,.F' Title: VP /-/.4C rf t,4'4:*-lS l44y .inea1.(4-s /71,9e •' i2• l-{ 1. 40/ Date: /D /,/ /d' CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 1762 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form 12/15/17 1.1 Attachment A - Scope of Work General Requirements/Background Information The Contractor shall provide Hot Mix Asphaltic Concrete Pavement on an as needed basis. The material will be utilized for street maintenance repairs, and street paving projects. 1.2 Scope of Work A. Hot Mix Asphaltic Concrete Pavement, PG 64-22, Type D (Fine Graded Surface Coarsej, supplied with an anti -stripping agent shall be in accordance with Item 340 of the Texas Department of Transportation 2014 Standard Specification. B. Availability Requirements: 1. Contractor must guarantee that during peak loading hours, the City will be afforded the opportunity of having every other truck loaded at the plant belonging to the City. In lieu of the every -other -truck arrangement the Contractor may guarantee to have on-site a minimum 25 -ton capacity, independently heated, storage silo, to be maintained and available at all times. This requirement is to assume the City of a cost-effective access to material being purchased avoiding unnecessary delays. 2. The pickup point must be within 15 miles of the Street Department located at 5352 Ayers, Corpus Christi, Texas. Material should be available for pickup daily Monday thru Friday between the hours of 7:OOam - 5:30pm. Failure to service City trucks, as outlined above will result in a deduction from the monies due to the Contractor in the form of liquidated damages. Liquidated damages will be assessed at $100 per day. 3. Contactor must guarantee that the materials furnished is in compliance with the specifications. If material is found not to be in compliance with the specifications, the City will be credited for the purchase price. In addition, the vendor will be responsible for all costs incurred by the City for removing defective material and replacing with acceptable material. 1.3 Specification Requirements If the hot mix is not meeting the City's specifications, the City reserves the right to request the following services: A. Testing: 1. The City reserves the right to request the Contractor to provide material in accordance with the specifications herein to a laboratory designated by the City for testing and inspection. NOTE: The City of Corpus Christi will hire a designated laboratory and the Contractor shall cooperate with the laboratory at all times to be sure that the material meets City specifications. 2. If the laboratory tests indicate that the material provided to the City does not meet specifications, the City reserves the right to reject the material and the Contractor will be obligated to remove and replace rejected material with materials that meet specifications. 3. It shall be understood that the cost of all certified laboratory tests and reports on material necessary to control the quality of material delivered, according to the City specifications, shall be borne by the City only on materials tested which meets City specifications. The cost of testing materials that does not meet City specifications shall be borne by the Contractor. B. Material Samples: These guidelines will be followed when submitting material samples for testing. These samples will be used to solve any questions or disputes that arise during the contract period. 1. The Contractor will send material being offered for sample testing to a laboratory designated by the City of Corpus Christi. 2. When the Contractor sends sample material for testing, the Contractor will also enclose a letter of transmittal signed by an agent of the Contractor who submitted the material. The letter will delineate the kind of material, producer, location, and source of material. The exterior of the container utilized to transport the sample material for testing is required to carry the Contractor Company name. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Special Instructions A. Ordering: 1. Standard Service for Hot Mix Asphaltic Concrete Pavement Material Type D is Monday thru Friday between the hours of 7:00 a.m. - 5:30 p.m. 2. After hours and weekend service is a requirement for this contract. Weekend service for Hot Mix Asphaltic Concrete Pavement Material Type D is 7:00 a.m. - 5:30 p.m. 3. The estimated quantity for this commodity is based on previous buy history. The actual purchase will be in accordance with the Supply Agreement. 4. City staff will place the order with vendor and may cancel at the City's discretion. Attachment B - Bid Pricing/Schedule Date: 09-19-2018 Bidder: CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 1762 Hot Mix Asphaltic Concrete Pavement Material HAC MATERIALS, Ltd Authorized Signature: PAGE 1 OF 1 Darryl 0. Haas 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. 4. Bidders must not write over or revise the bid form.. Bidders will be considered Non - Responsive if the bid form is modified. Item Description UNIT 3 yr.- qty Unit Price Total Price 1 Hot Mix Asphaltic Concrete Pavement Item 340, PG 64-22, Type D, supplied with an anti - stripping agent. Tons 90,000 $ 79.50 $7,155,000.00 2 After hours and weekend service Hot Mix Asphaltic Concrete Pavement item 340, PG 64-22, Type D, supplied with an anti - stripping agent. Tons 6,000 $ 82.50 $495,000.00 Total $7,650,000.00 HAC is the secondary vendor and was awarded 30% of the bid. Attachment C- Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of 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) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing -Street Dept. Delivery of Hot Mix Asphaltic Concrete Pavement Material 07/20/2018 sw Risk Management Valid Through 12/31/2018 Attachment D - Warranty Requirements Section 8 Warranty Sub Section (b) is null and void for this Supply Agreement. AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting November 27, 2018 DATE: November 13, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services — Purchasing Division KimB2@cctexas.com (361) 826-3169 Service Agreement for Overhead Roll -Up Door Replacements CAPTION: Motion authorizing a service agreement for the replacement of overhead roll -up doors at various locations with Hub City Overhead Door Co., Inc. of Corpus Christi, Texas, for a total amount not to exceed $56,214. PURPOSE: This is a motion to approve a service agreement for the replacement of overhead roll -up doors at four locations: Greenwood, Laguna and Whitecap Wastewater Treatment Plants and the Museum of Science and History. BACKGROUND AND FINDINGS: The doors at the Greenwood Wastewater Treatment Plant and the Museum of Science and History received damage due to Hurricane Harvey and are subject to FEMA reimbursement. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received one responsive, responsible bid, and is recommending the award to Hub City Overhead Door Co., Inc. 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: Asset Management Water Utilities City Managers Office Finance FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $56,214 $0 $56,214 Encumbered / Expended Amount $0. $0 $0 This item $56,214 $0 $56,214 BALANCE $0 $0 $0 Fund(s): Wastewater and General Fund Harvey FEMA Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION TITLE: RFB 1890 Overhead Roll -Up Door Replacement for Various Locations BUYER: Cynthia Perez HUB City Overhead Door Corpus Christi ITEM DESCRIPTION Unit QTY TOTAL PRICE 1 Remove and replace existing 15'6"x12'6" (Nominal Size) Overhead Metal Roll -up Door at 1st floor of Belt Press Building. Contractor to field verify. Greenwood WWTP Lump Sum 1 $10,609 2 Remove and replace existing 14'x12' (Nominal Size) Overhead Metal Roll -up Door at 2nd floor of Belt Press Building. Contractor to field verify. Greenwood WWTP Lump Sum 1 $9,914 3 Remove and replace existing 12'x10' (Nominal Size) Overhead Roll -up Door. Contractor to field verify. Laguna WWTP Lump Sum 1 $8,835 4 Remove and replace existing 10'x10' (Nominal Size) Overhead Roll -up Door. Contractor to field verify. Laguna WWTP Lump Sum 1 $7,976 5 Remove and replace existing overhead door and replace with (Nominal size are 16'x12'). Contractor to field verify. Whitecap WWTP Lump Sum 1 $10,420 6 Remove and replace existing 8'x9' (Nominal Size) Overhead Roll -up door at Gazebo 1. Contractor to field verify. Museum of Science and History Gazebo 1 Lump Sum 1 $4,163 7 Remove and replace existing 8'x10' (Nominal Size) Overhead Roll -Up Door at Gazebo 2. Contractor to field to Verify. Museum of Science and History Gazebo2 Lump Sum 1 $4,297 TOTAL $56,214 SERVICE AGREEMENT NO. 1890 Overhead Roll -Up Door Replacement for Various Locations THIS Overhead Roll -Up Door Replacement for Various Locations Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home - rule municipal corporation ("City") and Hub City Overhead Door Co., Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Overhead Roll -Up Door Replacement for Various Locations in response to Request for Bid/Proposal No. 1890 ("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 Overhead Roll -Up Door Replacement for Various Locations ("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 three 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 $45,794.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Service Agreement Standard Form - Federal Funding Page 1 of 7 Name: Jesse Hernandez Department: Superintendent of Operations Phone; (361) 826-1983 Email: JesseH@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. Service Agreement Standard Form - Federal Funding Page 2 of 7 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantlty 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 301h annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments and Changes. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Any changes that alter the Service Agreement Standard Form - Federal Funding Page 3 of 7 method, price, or schedule of work must be allowable, allocable, within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Name: Jesse Hernandez Title: Superintendent of Operations Address: 5352 Ayers, Bldg. 3A, Corpus Christi, TX 78415 Phone: (361) 826-1983 Fax: (361) 826-1989 IF TO CONTRACTOR: Hub City Overhead Door Co., Inc. Attn: Rusty Garrett Title: Vice -President Address: 1626 Nth Lexington Blvd., Corpus Christi, Texas 78409 Phone: (361) 289-7083 Fax: (361) 299-2291 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT Service Agreement Standard Form - Federal Funding Page 4 of 7 ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL. SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) Termination for Cause. The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Termination for Convenience. Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the Service Agreement Standard Form - Federal Funding Page 5 of 7 operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 23. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 24. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 25. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 27. Federal Funding Requirements. This project is subject to requirements provided for Federal Emergency Management Agency (FEMA) and/or other federally -funded projects. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as FEMA or its designee may by appropriate instructions require, a copy of applicable prevailing wage decision, and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be Service Agreement Standard Form - Federal Funding Page 6 of 7 responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. CONTRACTOR Signature: Printed Name: Title: P Date: ' CITY OF CORPUS CHRISTI Signature: Printed Name: Title: Date: APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1890 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form - Federal Funding Page 7 of 7 1.1 Attachment A - Scope of Work General Requirements/Backciround information The Contractor shall provide overhead roll -up door replacement services for various locations as outlined in this Scope of Work. The Contractor shall provide all supervision, and sufficient number of responsible, trained personnel to provide the required services, transportation, tools, materials and equipment necessary for the completion of the project. All work must be performed in accordance with federal, state, local building codes and OSHA safety requirements, including but not limited to IBC 2015, and Texas Windstorm requirements. 1.2 Work Locations The work shall be performed at the following locations: 1. Greenwood Wastewater Treatment Plant, Belt Press Building located at 6541 Greenwood Drive, Corpus Christi, Texas 78415. 2. Laguna Wastewater Treatment Plant located at 201 Jester, Corpus Christi, Texas 78418. 3. Whitecap Wastewater Treatment Plant located at 13409 Whitecap, Corpus Christi, Texas 78418. 4. Museum of Science and History, Gazebo 1 and 2, located at 1900 N. Chaparral Street, Corpus Christi, Texas 78401. 1.3 Scope of Work -- Greenwood Wastewater Treatment Plant The Contractor shall perform a completed overhead roll -up door replacement: 1. The Contractor shall remove and replace existing overhead roll -up doors on first and second floor. (Nominal sizes are 15'6" x 12'6" and 14'x12). 2. The Contractor shall field verify measurements prior to installation. 3. The Contractor shall adhere to OSHA safety regulations throughout the duration of the project. 4. The Contractor shall clean and haul away debris from jobsite. 5. The Contractor shall obtain and pass all required Texas Windstorm insurance inspections. 6. The Contractor shall provide the WPI -2 or WPI -8 to Contract Administrator upon completion of installation. 1.4 Scope of Work - Laguna Wastewater Treatment Plant The Contractor shall perform at a minimum the following work to provide a completed overhead roll -up door replacement: 1. The Contractor shall remove and replace existing overhead roll -up doors. (Nominal sizes are 12' x10' and 10'x10'). 2. The Contractor shall field verify measurements prior to installation. 3. The Contractor shall adhere to OSHA safety regulations throughout the duration of the project. 4. The Contractor shall clean and haul away debris from jobsite. 5. The Contractor shall obtain and pass all required Texas Windstorm insurance inspections. 6. The Contractor shall provide the WPI -2 or WPI -8 to Contract Administrator upon completion of installation. 1.5 Scope of Work - Whitecap Wastewater Treatment Plant Not awarded The Contractor shall perform at a minimum the following work to provide a completed overhead roll -up door replacement: 1. The Contractor shall remove and replace existing overhead roll -up doors. (Nominal size is 16' x12'). 2. The Contractor shall field verify measurements prior to installation. 3. The Contractor shall adhere to OSHA safety regulations throughout the duration of the project. 4. The Contractor shall clean and haul away debris from jobsite. 5. The Contractor shall obtain and pass all required Texas Windstorm insurance inspections. 6. The Contractor shall provide the WPI -2 or WPI -8 to Contract Administrator upon completion of installation. 1.6 Scope of Work - Museum of Science and History Gazebo #1 and #2 The Contractor shall perform at a minimum the following work to provide a completed overhead roll -up door replacement: 1. The Contractor shall remove and replace existing overhead roll -up doors on Gazebo 1 and 2. (Nominal sizes are 8' x 9' and 8'x10'). 2. The Contractor shall field verify measurements prior to installation. 3. The Contractor shall adhere to OSHA safety regulations throughout the duration of the project. 4. The Contractor shall clean and haul away debris from jobsite. 5. The Contractor shall obtain and pass all required Texas Windstorm insurance inspections. 6. The Contractor shall provide the WPI -2 or WPI -8 to Contract Administrator upon completion of installation. 1.7 Safety and Protection of Property The Contractor will be responsible for protecting the safety of the employees, customers and materials/supplies while working at these locations. 1.8 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.9 Proiect Schedule A. Work shall be completed in 10 weeks. B. The Contractor shall provide a project schedule at the beginning of the project that meets the scheduled requirements. The Project Schedule shall identify start date, Equipment Delivery Dates, Inspections, and Substantial Completion. The Contractor shall submit project schedule for approval to the Contract Administrator before commencing work. 1.10 Warranty The Contractor shall issue a one-year warranty for the overhead roll -up doors. Attachment B - Bid Pricing/Schedule Dale: Ib -R-18 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 1890 Overhead Roll -Up Door Replacement for Various Locations PAGE 1 OF 2 Authorized��� Bidder: t' Cf �e,i+ead, Loi Signature; 1. Refer to "instructions to Bidders" and Contract Terms and Conditions before completing bld. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived al independently, without consultation, communication, or agreement with any other Bidder or competitor. for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder Is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Total Price 1 Remove and replace existing 15'6"x12'6" (Nominal Size) Overhead Metal Roll -up Door at 1st Floor of Belt Press Building. Contractor to field verify. Greenwood WWTP Lump Sum 1 $ 10, 120 erg. 2 �3 Remove and replace existing 14(Nominal Size) Overhead Metal Roll -up Door al 2nd floor of Belt Press Building. Contractor to field verify. Greenwood WWTP Lump Sum 1 $ Q II CW.k Remove and replacexisting 12'x1 Q' (Nominal Size)Overhead Roll -up Door. Contractor to field verify. Laguna WWTP Lump Sum 1 $ Q3� ` 4 Remove and replace existing 111'x111' (Nominal Size) Overhead Roll -up Door. Contractor to field verify. Laguna WWTP Lump Sum 1 $ �(� /! 11(0 5 Remove and replace exisfing overhead door and replace with (Nominal size are I6'x12'). Contractor to field verify. Whitecap WWTP Lump Sum 1 $ i 0I 2D 6 Remove and replace exisfing S x9 (Nominal Size) Overhead Roll -up door at Gazebo 1. Contractor to field verify. Museum of Science and History Gazebo 1 Lump Sum 1 $ I1 J 42 7 Remove and replace existing 8'x117' (Nominal Size) Overhead Roll -up Door at Gazebo 2. Contractor to field verify. Museum of Science and History Gazebo 2 Lump Sum 1 $ ,u 1/ ,q7 Total ; $ 5tv, ,it --1°-9 Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability policy by endorsement, and a waiver of subrogation endorsement is required on GL, AL, and WF 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 ail certificates and policies. Bodily injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: I. 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 $1,000000 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 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 Facility and Property Management Overhead Door Installation, Replacement, Maintenance and Repairs 02/07/2018 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 issue a one-year warranty for the overhead roll -up doors. ATTACHMENT E: FEDERAL REQUIREMENTS FEDERAL REQUIREMENTS TABLE OF CONTENTS Section No. Title FR -F01 Access to Records FR -F02 Breach of Contract FR -F03 Byrd Anti -Lobbying Arnendment FR -F04 Clean Air Act and the Federal Water Pollution Control Act FR -F05 Compliance with Federal Law, Regulations, and Executive Orders FR -F06 Contract Work hours and Safety Standards Act FR -F07 Copeland "Anti -Kickback" Act (Construction Only) FR -FOB Davis -Bacon Act (Construction Only) FR -F09 Debarment and Suspension FR -F10 DHS Seal, Logo and Flags FR -F11 Equal Employment Opportunity (Construction Only) FR -F12 No Obligation by Federal Government FR -F13 Procurement of Recovered Materials FR -F14 Program Fraud and False or Fraudulent Statements or Related Acts FR -F15 Right to Inventions Made Under Contract or Agreement (Not for Public Assistance Contracts) END OF TABLE OF CONTENTS FEDERAL REQUIREMENTS: FR -F01 ACCESS TO RECORDS Access to Records. The following access to records requirements apply to this contract: (1) The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The Contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Reference: DI -IS Standard Terms and Conditions, v 7.1, p. 1 (2017) FEDERAL REQUIREMENTS: FR -F02 BREACH OF CONTRACT Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this agreement. City will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract. City reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the City elects to terminate the Contract. The City's notice will identify a specific date by which the Contractor must correct the breach. City may proceed with termination of the Contract If the Contractor fails to correct the breach by deadline indicated in the City's notice. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise imposed or available by law. Reference: 2 CFR § 200 Appendix II(A) FEDERAL REQUIREMENTS: FR -F03 BYRD ANTI -LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non -Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Reference: 31 U.S.C. § 1352 (as amended) FEDERAL REQUIREMENTS: FR -F04 CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT A. Clean Air Act. (1) The Contractor agrees to comply with all applicable standards, orders or regulations Issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in tum, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. B. Federal Water Pollution Control Act. (1) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq. (2) The Contractor agrees to report each violation to the City and understands and agrees that the City will, in tum, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3) The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Reference: 2 CFR § 200, Appendix II¶ (G) FEDERAL REQUIREMENTS: FR -F05 COMPLIANCE WITH FEDERAL LAW, REGULATIONS, AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. Reference: FEMA requirement FEDERAL REQUIREMENTS: FR -F06 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (1) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation: liability for unpaid wages: liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally - assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth In paragraph (2) of this section. (4) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of thls section. Reference: 29 CFR § 5.5(b) FEDERAL REQUIREMENTS: FR -F07 COPELAND "ANTI -KICKBACK" ACT Compliance with the Copeland "Anti -Kickback" Act. (1) Contractor. The Contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (2) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. FEDERAL REQUIREMENTS: FR -F013 DAVIS - BACON REQUIREMENTS The Contractor must comply with the Davis -Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction)). See 2 C.F.R. Part 200, Appendix II, ¶ D. The Contractor Is required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, Contractors must be required to pay wages not Tess than once a week. See attached Prevailing Wage Determination sheet for this contract. PREVAILING WAGE DETERMINATION General Decision Number: TX1B0342 01/05/2018 TX342 Superseded General Decision Number: TX20170342 State: Texas Construction Type: Building Counties: Aransas, Nueces and San Patricio Counties in Texas. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the E0, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2016. The EO minimum wage rate will be adjusted annually. Please note that this CO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis -Bacon Act itself, but it does not apply to contracts subject only to the Davis -Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2018 B0IL0074-003 01/01/2017 Rates Fringes BOILERMAKER $ 28.00 22.35 ELECO278-002 08/28/2016 Rates Fringes ELECTRICIAN $ 25.20 7.91 ENGI0178-005 06/01/2014 Rates Fringes POWER EQUIPMENT OPERATOR (1) Tower Crane $ 29.00 10.60 (2) Cranes with Pile Driving or Caisson Attachment and Hydraulic Crane 60 tons and above $ 28.75 10.60 (3) Hydraulic cranes 59 Tons and under $ 27.50 10.60 IR0N0084-011 06/01/2017 Rates Fringes IRONWORKER, ORNAMENTAL $ 23.27 7.12 SUTX2014-0613 07/21/2014 Rates Fringes BRICKLAYER $ 20.04 0.00 CARPENTER $ 15.21 0.00 CEMENT MASON/CONCRETE FINISHER$ 15.33 0.00 INSULATOR - MECHANICAL (Duct, Pipe & Mechanical htlps Nwww.wdol.gov/wdoVscafiles/davisbaton/TX342.dvb?v0[8i28/2018 3:16:28 PM) System Insulation) 5 19.77 7.13 IRONWORKER, REINFORCING $ 12.27 0.00 IRONWORKER, STRUCTURAL $ 22.16 5.26 LABORER: Common or General 5 9.68 0.00 LABORER: Mason Tender - Brick5 11.36 0.00 LABORER: Mason Tender - Cement/Concrete $ 10.58 0.00 LABORER: Pipelayer $ 12.49 2.13 LABORER: Roof Tearoff $ 11.28 0.00 OPERATOR: Backhoe/Excavator/Trackhae $ 14.25 0.00 OPERATOR: Bobcat/Skid Steer/Skid Loader 5 13.93 0.00 OPERATOR: Bulldozer 5 18.29 1.31 OPERATOR: Drill $ 16.22 0.34 OPERATOR: Forklift 5 14.83 0.00 OPERATOR: Grader/Blade $ 13.37 0.00 OPERATOR: Loader $ 13.55 0.94 OPERATOR: Mechanic 5 17.52 3.33 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) $ 16.03 0.00 OPERATOR: Roller $ 12.70 0.00 PAINTER (Brush, Roller, and Spray) 5 14.45 0.00 PIPEFITTER $ 25.80 8.55 PLUMBER 5 25.64 8.16 ROOFER 5 13.75 0.00 SHEET METAL WORKER (HVAC Duct Installation Only) $ 22.73 7.52 SHEET METAL WORKER, Excludes HVAC Duct Installation 5 21.13 6.53 TILE FINISHER $ 11.22 0.00 TILE SETTER 5 14.74 0.00 TRUCK DRIVER: Dump Truck $ 12.39 1.18 TRUCK DRIVER: Flatbed Truck $ 19.65 8.57 TRUCK DRIVER: Semi -Trailer Truck $ 12.50 0.00 TRUCK DRIVER: Water Truck 5 12.00 4.11 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis -Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. haps://www.wdol.gov/dol/scdGIes/davisbacafR7i342.dvb?��0[8/28/2018 3:16:28 Ph1] Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)}. The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUt10198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Race Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100i of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. htlps.llwww.wdnl.gnv/wdol/scaGlesldavisbacon/TX342.dvb?v=0[R/2R/20l R 3:16.28 PM] A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: an existing published wage determination • a survey underlying a wage determination • a Wage and Hour Division letter setting forth a position on a wage determination matter • a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis -Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formai process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. ========= ================= ea.yam===.9.xaaaa=a====a==aaaa===a= END OF GENERAL DECISION hups:/iwww.wdolgov.wdol/scafilcs/davisbacon/TX342dvb?ti 0(8/281201) 3!I6:2B Phi) FEDERAL REQUIREMENTS: FR -F09 DEBARMENT AND SUSPENSION (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4) The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Reference: 2 CFR part 180, 2 CFR part 3000 FEDERAL REQUIREMENTS: FR -F10 DHS SEAL, LOGO AND FLAGS The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre -approval. Reference: DHS Standard Terns and Conditions, v.7.1, p. 5 (2017) FEDERAL REQUIREMENTS: FR -F11 EQUAL EMPLOYMENT OPPORTUNITY During the performance of this contract, the Contractor aurees as follows: (1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor. state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or notional origin. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section. and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (4) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules. regulations, and relevant orders of the Secretary of Labor. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (6) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965. and such other (3) (5) sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. FEDERAL REQUIREMENTS: FR -F12 NO OBLIGATION BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non -Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. Reference: FEMA requirement FEDERAL REQUIREMENTS: FR -F13 PROCUREMENT OF RECOVERED MATERIALS (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired (1) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA -designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.govlsmmicomprehensive-procurement-guideline-cpg-program. Reference: 2 CFR § 200.322 and 40 CFR part 247 FEDERAL REQUIREMENTS: FR -F14 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS RE RELATED ACTS The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. Reference: 31 U.S.C. Chap. 38 FEDERAL REQUIREMENTS: FR-F15 RIGHT TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT NOT APPLICABLE TO THIS CONTRACT AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting November 27, 2018 DATE: November 13, 2018 TO: Keith Selman, Interim City Manager FROM: Jim Davis, Director of Asset Management jimd@cctexas.com (361) 826-1909 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2@cctexas.com (361) 826-3169 Service Agreements for Mobile Tire Repairs for Fleet Maintenance CAPTION: Motion authorizing three one-year service agreements for mobile tire repair with Southern Tire Mart, LLC of Columbia, Mississippi, E.B. Creager Tire & Battery, Inc. of Corpus Christi, Texas, and Joel Gonzalez, dba Gonzalez Tire Service of Corpus Christi, Texas for the total combined amount of $140,000 with a one-year option for a total potential multi-year amount of $280,000. Southern Tire Mart, LLC. Columbia, Mississippi $80,000 E.B. Creager Tire & Battery, Inc. Corpus Christi, Texas $40,000 Gonzalez Tire Service Corpus Christi, Texas $20,000 PURPOSE: This item is to approve the service for mobile tire repairs for Fleet Maintenance. BACKGROUND AND FINDINGS: The Fleet Maintenance Service Station has the need to approve a service contract for mobile tire repairs. This service agreement will allow the contractors to perform tire repairs and or replacements in a timely manner. The service agreements will enable the Fleet Maintenance to meet the high demand for repairs and replacements of tires to keep up with the City's Vehicle Fleet Operation. The Purchasing Division conducted a competitive RFB process to obtain bids. The City received six bids. The bid included three groups of tires to be priced, Group 1 (Light Passenger and Truck Tires), Group 2 (Medium Tires to Class 8 Tires) and Group 3 (Off the Road Tires). This bid indicated a primary and secondary award would be established for each group to provide for a backup contractor in the event the primary contractor is unable to provide the service on a timely basis as indicated. An estimated 60/40 percentage split is projected for each of the contactors by group. Staff is recommending Southern Tire Mart, LLC the lowest, responsive, responsible bidder as the primary contractor for groups 1, 2 and 3, E.B. Creager Tire & Battery, Inc. as the secondary contractor for groups 1 and 3; and Gonzalez Tire Service as the secondary contractor for group 2. Therefore, staff recommends award to these three Contractors to provide these needed services. ALTERNATIVES: No alternatives OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This purchase conforms to the City's purchasing policies and procedures and State statutes regulating procurement. EMERGENCY/NON-EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Asset Management FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $2,518,036.00 $163,333.00 $2,681,369.00 Encumbered / Expended Amount $319,733.02 $0.00 $319,733.02 This item $116,667.00 $163,333.00 $280,000.00 BALANCE $2,081,635.98 $.00 $2,081,635.98 Fund(s): Fleet Maint Svc Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreements (3) CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MINERVA ALVARADO BID TABULATION RFB 1830 - Mobile Tire Repair for Fleet Maintenance ITEM DESCRIPTION QTY UOM Southern Tire Mart, LLC Gonzalez Tire Service E.B. Creager Columbia, MS Corpus Chirsti, TX Corpus Christi, TX UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Group 1 -Light Passenger and Truck Tires 1 Service Call 400 EA $45.00 $18,000.00 $50.00 $20,000.00 $55.00 $22,000.00 2 Service Call -After Hours 75 EA $55.00 $4,125.00 $65.00 $4,875.00 $100.00 $7,500.00 3 Service Call -Holiday 7 EA $55.00 $385.00 $75.00 $525.00 $100.00 $700.00 4 New Tire Pick up Charge 132 EA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 5 Out of Town Mileage 5500 Pre $0.50 $2,750.00 $1.25 $6,875.00 $1.00 $5,500.00 6 Mount and Dismount 1000 EA $17.00 $17,000.00 $15.00 $15,000.00 $8.00 $8,000.00 Total Group 2 -Medium Tires to Class 8 Tires $42.260.00 $47,275.00 $43,700.00 7 Service Call 200 EA $50.00 $10,000.00 $50.00 $10,000.00 $55.00 $11,000.00 8 Service Call -After Hours 50 EA $65.00 $3,250.00 $65.00 $3,250.00 $100.00 $5,000.00 9 Service Call -Holiday 7 EA $65.00 $455.00 $75.00 $525.00 $100.00 $700.00 10 New Tire Pick up Charge 66 EA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 11 Out of Town Mileage 5500 Per Mile $0.50 $2,750.00 $1.25 $6,875.00 $1.00 $5,500.00 12 Mount and Dismount 800 EA $25.00 $20,000.00 $25.00 $20,000.00 $25.00 $20,000.00 Total Group 3 -OTR (Off the Road) Tires $36,455.00 $40,650.00 $42,200.00 13 Service Call 100 EA $50.00 $5,000.00 $50.00 $5,000.00 $55.00 $5,500.00 14 Service Call -After Hours 20 EA $65.00 $1,300.00 $75.00 $1,500.00 $100.00 $2,000.00 15 Service Call -Holiday 7 EA $65.00 $455.00 $75.00 $525.00 $100.00 $700.00 16 New Tire Pick up Charge 35 EA $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 17 Out of Town Mileage i3000 Mete $0.50 $1,500.00 $1.25 $3,750.00 $1.00 $3,000.00 18 Mount and Dismount - Small OTR 20 EA $20.00 $400.00 $25.00 $500.00 $25.00 $500.00 19 IVlount and Dismount - Med OTR 20 EA $50.00 $1,000.00 $75.00 $1,500.00 $50.00 $1,000.00 20 Mount and Dismount - Large OTR 60 EA $75.00 $4,500.00 $125.00 $7,500.00 $75.00 $4,500.00 Total $14.155.00 $20,275.00 Page 1 of 2 $17,200.00 ITEM DESCRIPTION QTY UOM GCR Tires and Service Soliz Tire Service Cyclone Tire Service Corpus Christi, TX Corpus Chirsti, TX Corpus Christi, TX UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE Group 1 -Light Passenger and Truck Tires 1 Service Call 400 EA $75.00 $30,000.00 $55.00 $22,000.00 $60.00 $24,000.00 2 Service Call -After Hours 75 EA $150.00 $11,250.00 $100.00 $7,500.00 $150.00 $11,250.00 3 Service Call -Holiday 7 EA $150.00 $1,050.00 $100.00 $700.00 $150.00 $1,050.00 4 New Tire Pick up Charge 132 EA $0.00 $0.00 $55.00 $7,260.00 $60.00 $7,920.00 5 Out of Town Mileage 5500 Per Mile $1.00 $5,500.00 $1.00 $5,500.00 $1.00 $5,500.00 6 Mount and Dismount 1000 EA $25.00 $25,000.00 $25.00 $25,000.00 $30.00 $30,000.00 Total Group 2 -Medium Tires to Class 8 Tires $72,800.00 $67,960.00 $79,720.00 7 Service Call 200 EA $75.00 $15,000.00 $75.00 $15,000.00 $75.00 $15,000.00 8 Service Call -After Hours 50 EA $150.00 $7,500.00 $100.00 $5,000.00 $150.00 $7,500.00 9 Service Call -Holiday 7 EA $150.00 $1,050.00 $100.00 $700.00 $150.00 $1,050.00 10 New Tire Pick up Charge 66 EA $0.00 $0.00 $75.00 $4,950.00 $75.00 $4,950.00 11 Out of Town Mileage i5500 Mete $1.00 $5,500.00 $1.00 $5,500.00 $1.00 $5,500.00 12 Mount and Dismount 800 EA $50.00 $40,000.00 $40.00 $32,000.00 $45.00 $36,000.00 Total Group 3 -OTR (Off the Road) Tires $69,050.00 $63,150.00 $70,000.00 13 Service Call 100 EA $85.00 $8,500.00 $75.00 $7,500.00 14 Service Call -After Hours 20 EA $200.00 $4,000.00 $100.00 $2,000.00 15 Service Call -Holiday 7 EA $200.00 $1,400.00 $100.00 $700.00 16 New Tire Pick up Charge 35 EA $0.00 $0.00 $75.00 $2,625.00 17 Out of Town Mileage Pre i3000 $1.00 $3,000.00 $1.00 $3,000.00 18 Mount and Dismount - SmaII OTR 20 EA $45.00 $900.00 $40.00 $800.00 19 Mount and Dismount - Med OTR 20 EA $80.00 $1,600.00 $100.00 $2,000.00 20 Mount and Dismount - Large OTR 60 EA $100.00 $6,000.00 $200.00 $12,000.00 Total $25,400.00 $30,625.00 No Bid Page 2 of 2 SERVICE AGREEMENT NO.1830 Mobile Tire Repairs for Fleet Maintenance THIS Mobile Tire Repairs for Fleet Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Southern Tire Mart, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mobile Tire Repairs for Fleet Maintenance in response to Request for Bid/Proposal No. 1830 ("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 Mobile Tire Repairs for Fleet Maintenance ("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 one 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 $80,000.00, 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 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: Erlinda Klubertanz General Services Department Phone: 361-826-1903 Erlinda©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 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 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 must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (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 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 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: Erlinda Klubertanz Title: Operations Manager 5352 Ayers, 3-B, Corpus Chirsti, Texas 78415 Phone: 361-826-1903 Fax: 361-826-4394 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Southern Tire Mart Attn: Richard Conwill Title: Director of Government Sales 800 Highway 98, Columbia, Mississippi 39429 Phone: 877-786-4681 Fax: 601-651-0655 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 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 disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 f 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 Name: Richard Conwill Title: Director of Government Sales Date: 10/15/2018 CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment 8: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1830 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide mobile tire repairs as outlined in this Scope of Work. Repairs may be at offsite locations or at City facility locations. 1.2 Scope of Work A. Contractor shall provide mobile tire service for Fleet vehicles as needed during normal working hours and after hours. 1. Normal working hours - Monday through Friday 7:00 am to 5:00 pm. 2. After hours - Monday through Friday, 5:01 pm to 6:59 am, weekends, and holidays. B. The City's Service Center Clerk will call the Contractor when a repair is needed. If the repair is needed after hours, the department with the request will contact the Contractor. C. The Contractor's response time will be no later than 30 minutes unless otherwise approved from the time the call is placed from City's Service Center Clerk. If Contractor is not available to respond to the service call, another Contractor will be called. D. Contractor shall call the City's Service Center's Clerk with the departure time and the arrival time. If the call is after hours, the Contractor will call the City Department that has requested the repair service. E. Contractor shall charge a one service call charge if multiple jobs are at the same job site. F. The service call shall include any fuel surcharge or mileage that would be individually charged. G. If tire is not repairable, the Contractor shall call the Service Center at 361- 826-1916 and a tire will be pulled from stock. It is the Contractor's responsibility to pick up the tire from the Service Center and replace the tire. H. If tire is not in stock at the Service Center, a tire will be ordered by the Service Center and the Contractor will pick up tire or tires at the place of purchase the Fleet department has designated and return to replace the tire. I. The Contractor shall furnish its own tools to include floor jacks, jack stands, tire repair hardware such as patches, plugs, or any other tool needed for repairing tires. J. All tires removed by the Contractor shall be brought back to the Service Center for disposal. 1.3 Warranty Contractor shall warranty all repairs for 30 days. If repair is due to defective work caused by the Contractor, Contractor will repair tire at no additional labor charge. If the tire is a defective tire, the Contractor will install new tire and a new invoice will be generated for the service. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Special Instructions All repairs shall be completely documented by the Contractor. A copy of each repair slip will be provided to the City personnel on site at time of completion and shall provide the following information: 1. Site location of the vehicle or equipment repair. 2. Unit number, make, model number and VIN of the vehicle repaired. 3. Make and model number of any replacement parts. 4. Work Order Number 5. Purchase Order Number Attachment B: Bid/Pricing Schedule Date: 9/17/18 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 1830 RFB Title Mobile Tire Repair for Fleet Maintenance Bidder: uthern Tire Mart, LLC Authorized Signature' PAGE 1 OF 2 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Group 1 - light Passenger and Truck Tires Item Description Unit Qty Unit Price Total Price 1 Service Call EA 400 $45.00 $18,000.00 2 Service CaII - After Hour EA 75 $55.00 14 125.00 $385.00 3 Service Call - Holiday EA 7 $55.00 4 New Tire Pick up Charge EA 132 $0.00 $0.00 5 Out of Town Mileage Per Mile 5500 1000 $0.50 $17.00 $2,750.00 $17,000.00 6 Mount and Dismount EA Total $42,260.00 Page 1 of 2 RFB was bid out in three groups awarding primary and secondary for each group. This Contractor is primary for Group 1, Group 2, and Group 3. Page 2 of 2 Group 2 - Medium Tires to Class 8 Tires Item Description Unit Qty Unit Price Total Price 1 7 Service Call EA 200 $50.00 $10,000.00 8 Service CaII - After Hour EA 50 $65.00 9 Service Call - Holiday EA 7 $65.00 _$3,250.00 $455.00 10 New Tire Pick up Charge Out of Town Mileage EA Per Mile 66 5500 $0.00 $0.50 $0.00 $2.750.00 9 10 Mount and Dismount EA 800 $25.00 $20,000.00 Total $36,455.00 Group 3 - OTR (Off the Road) Tires Item Description Unit Qty Unit Price Total Price 11 Service CaII EA 100 $50.00 $5,000.00 12 Service CaII - After Hour EA 20 $65.00 $1,300.00 13 Service Call - Holiday EA 7 $65.00 $455.00 14 New Tire Pick up Charge EA 35 $0.00 $0.00 15 Out of Town Mileage Mount and Dismount - Small OTR Per Mile EA 3000 20 $0.50 $20.00 $1,500.00 $400.00 16 17 Mount and Dismount - Med OTR EA 20 $50.00 $1,000.00 18 Mount and Dismount - Large OTR EA 60 $75.00 $4,500.00 Total $14 155.00 RFB was bid out in three groups awarding primary and secondary for each group. This Contractor is primary for Group 1, Group 2, and Group 3. Page 2 of 2 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 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) Employer's Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Page 1 of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A - VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 2 of 3 5. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Mobile Tire Repairs for Fleet 07/26/2018 sw Risk Management Valid Through 12/31/2018 No Bond is required for this service. Page 3 of 3 Attachment D: Warranty Requirements Contractor shall warranty all repairs for 30 days. If repair is due to defective work caused by the Contractor, Contractor will repair tire at no additional labor charge. If the tire is a defective tire, the Contractor will install new tire and a new invoice will be generated for the service. Page 1 of 1 SERVICE AGREEMENT NO. 1944 Mobile Tire Repairs for Fleet Maintenance THIS Mobile Tire Repairs for Fleet Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and E.B. Creager Tire & Battery, Inc.("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mobile Tire Repairs for Fleet Maintenance in response to Request for Bid/Proposal No. 1830 ("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 Mobile Tire Repairs for Fleet Maintenance ("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 one 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 $40,000.00, 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 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: Erlinda Klubertanz General Services Department Phone: 361-826-1903 Erlinda©cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the 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 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 must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (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 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 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: Erlinda Klubertanz Title:Operations Manager 5352 Ayers, 3-B, Corpus Christi, Texas 78415 Phone: 361-826-1903 Fax: 361-826-4394 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: E.B. Creager Tire Attn: Chris Emmons Title: Vice President 5002 Leopard, Corpus Christi, Texas 78408 Phone: 361-884-0379 Fax: 361-884-8672 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 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 disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 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 Name: Title: (/ Date: 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. 1830 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide mobile tire repairs as outlined in this Scope of Work. Repairs may be at offsite locations or at City facility locations. 1.2 Scope of Work A. Contractor shall provide mobile tire service for Fleet vehicles as needed during normal working hours and after hours. 1. Normal working hours - Monday through Friday 7:00 am to 5:00 pm. 2. After hours - Monday through Friday, 5:01 pm to 6:59 am, weekends, and holidays. B. The City's Service Center Clerk will call the Contractor when a repair is needed. If the repair is needed after hours, the department with the request will contact the Contractor. C. The Contractor's response time will be no later than 30 minutes unless otherwise approved from the time the call is placed from City's Service Center Clerk. If Contractor is not available to respond to the service call, another Contractor will be called. D. Contractor shall call the City's Service Center's Clerk with the departure time and the arrival time. If the call is after hours, the Contractor will call the City Department that has requested the repair service. E. Contractor shall charge a one service call charge if multiple jobs are at the same job site. F. The service call shall include any fuel surcharge or mileage that would be individually charged. G. If tire is not repairable, the Contractor shall call the Service Center at 361- 826-1916 and a tire will be pulled from stock. It is the Contractor's responsibility to pick up the tire from the Service Center and replace the tire. H. If tire is not in stock at the Service Center, a tire will be ordered by the Service Center and the Contractor will pick up tire or tires at the place of purchase the Fleet department has designated and return to replace the tire. I. The Contractor shall furnish its own tools to include floor jacks, jack stands, tire repair hardware such as patches, plugs, or any other tool needed for repairing tires. J. All tires removed by the Contractor shall be brought back to the Service Center for disposal. 1.3 Warranty Contractor shall warranty all repairs for 30 days. If repair is due to defective work caused by the Contractor, Contractor will repair tire at no additional labor charge. If the tire is a defective tire, the Contractor will install new tire and a new invoice will be generated for the service. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Special Instructions All repairs shall be completely documented by the Contractor. A copy of each repair slip will be provided to the City personnel on site at time of completion and shall provide the following information: 1. Site location of the vehicle or equipment repair. 2. Unit number, make, model number and VIN of the vehicle repaired. 3. Make and model number of any replacement parts. 4. Work Order Number 5. Purchase Order Number Attachment B: Bid/Pricing Schedule Date: 09/17/2017 Bidder: E. B. CREAGER TIRE CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 1830 RFB Title Mobile Tire Repair for Fleet Maintenance Authorized Signature: PAGE 1 OF 2 1. Refer to "instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Group 1 - Light Passenger and Truck Tires Item Description Unit Qty Unit Price Total Price 1 Service CaII EA 400 55.00 22.000.00 2 Service Call - After Hour EA 75 100.00 7,500.00 3 Service Call - Holiday EA 7 100.00 700.00 4 New Tire Pick up Charge EA 132 0.00 0,00 5 Out of Town Mileage Per Mile 5500 1.00 5,500.00 6 Mount and Dismount EA 1000 8.00 8,000.00 Total 43,700 00 Revised: Addendum 2 --- - - Grouo 2 - Medium Tires to Class 8 Tires Item Description Unit 7 Service Call EA 8 Service Call -After Hour EA 9 Service Call -Holiday EA 10 New Tire Pick up Charoe EA 9 Out of Town Mileaae Per Mile 10 Mount and Dismount EA Group 3-0TR (Off the Road) Tires Item Description Unit 11 Service Call EA 12 Service Call -After Hour EA 13 Service Call -Holiday EA 14 New Tire Pick up Charge EA 15 Out of Town Mileaae Per Mile 16 Mount and Dismount -EA Small OTR 17 Mount and Dismount -EA Med OTR 18 Mount and Dismount -EA Larae OTR Revised: Addendum 2 Qty 200 50 7 66 5500 800 Qty 100 20 7 35 3000 20 20 60 - Paae 2 of 2 Unit Price Total Price 55.00 11,000.00 100.00 5,000.00 100.00 700.00 0.00 0.00 1.00 5,500.00 25.00 20,000.00 Total 42,200.00 Unit Price Total Price 55.00 5,500.00 100.00 2,000.00 100.00 700.00 0.00 0.00 1.00 3,000.00 25.00 500.00 50.00 1,000.00 75.00 4,500.00 Total 17,200.00 RFB was bid out in three groups awarding primary and secondary for each group. This Contractor is secondary for Group 1 and Group 3. 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 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) Employer’s Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Page 2 of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 3 of 3 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Mobile Tire Repairs for Fleet 07/26/2018 sw Risk Management Valid Through 12/31/2018 No Bond is required for this service. Attachment D: Warranty Requirements Contractor shall warranty all repairs for 30 days. If repair is due to defective work caused by the Contractor, Contractor will repair tire at no additional labor charge. If the tire is a defective tire, the Contractor will install new tire and a new invoice will be generated for the service. Page 1 of 1 Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 SERVICE AGREEMENT NO. 1945 Mobile Tire Repairs for Fleet Maintenance THIS Mobile Tire Repairs for Fleet Maintenance Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Joel Gonzalez, dba Gonzalez Tire Service (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Mobile Tire Repairs for Fleet Maintenance in response to Request for Bid/Proposal No. 1830 (“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 Mobile Tire Repairs for Fleet Maintenance (“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 one 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 $20,000, 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 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: Erlinda Klubertanz General Service Department Phone: 361-826-1903 Erlinda@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event 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 3 of 7 Approved as to Legal Form October 1, 2018 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 must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (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 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 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 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. 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: Erlinda Klubertanz Title: Operations Manager 5352 Ayers, 3-B, Corpus Christi, Texas 78415 Phone: 361-826-1903 Fax: 361-826-4394 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Joel Gonzalez dba Gonzalez Tire Service Attn: Joel Gonzalez Owner 3113 Southern Sun Drive, Corpus Christi, Texas 78415 Phone: 361-944-2754 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, 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 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 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 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 eaLre-X [ez Signature: Printed Name: (� Title: Do r Date: / V r — I O 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 i : RFB/RFP No. 1830 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide mobile tire repairs as outlined in this Scope of Work. Repairs may be at offsite locations or at City facility locations. 1.2 Scope of Work A. Contractor shall provide mobile tire service for Fleet vehicles as needed during normal working hours and after hours. 1. Normal working hours – Monday through Friday 7:00 am to 5:00 pm. 2. After hours – Monday through Friday, 5:01 pm to 6:59 am, weekends, and holidays. B. The City’s Service Center Clerk will call the Contractor when a repair is needed. If the repair is needed after hours, the department with the request will contact the Contractor. C. The Contractor’s response time will be no later than 30 minutes unless otherwise approved from the time the call is placed from City’s Service Center Clerk. If Contractor is not available to respond to the service call, another Contractor will be called. D. Contractor shall call the City’s Service Center’s Clerk with the departure time and the arrival time. If the call is after hours, the Contractor will call the City Department that has requested the repair service. E. Contractor shall charge a one service call charge if multiple jobs are at the same job site. F. The service call shall include any fuel surcharge or mileage that would be individually charged. G. If tire is not repairable, the Contractor shall call the Service Center at 361- 826-1916 and a tire will be pulled from stock. It is the Contractor’s responsibility to pick up the tire from the Service Center and replace the tire. H. If tire is not in stock at the Service Center, a tire will be ordered by the Service Center and the Contractor will pick up tire or tires at the place of purchase the Fleet department has designated and return to replace the tire. I. The Contractor shall furnish its own tools to include floor jacks, jack stands, tire repair hardware such as patches, plugs, or any other tool needed for repairing tires. J. All tires removed by the Contractor shall be brought back to the Service Center for disposal. 1.3 Warranty Contractor shall warranty all repairs for 30 days. If repair is due to defective work caused by the Contractor, Contractor will repair tire at no additional labor charge. If the tire is a defective tire, the Contractor will install new tire and a new invoice will be generated for the service. 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Special Instructions All repairs shall be completely documented by the Contractor. A copy of each repair slip will be provided to the City personnel on site at time of completion and shall provide the following information: 1. Site location of the vehicle or equipment repair. 2. Unit number, make, model number and VIN of the vehicle repaired. 3. Make and model number of any replacement parts. 4. Work Order Number 5. Purchase Order Number Date: 1852 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 1830 RFB Title Mobile Tire Repair for Fleet Maintenance Authorized Bidder: mallet1 ire Se r vice Signature: PAGE 1 OF2 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Group 1 — light Passenger and Truck Tires Item Description Unit Qty Unit Price Total Price 1 Service Call EA 400 4) 50 Et 20,000 2 Service Call - After Hour EA 75 1 105 14,816- 3 Service Call - Holiday EA 7 95 525 4 New Tire Pick up Charge EA 132 0 0 5 Out of Town Mileage Per Mile 5500 I.25" /9,S/75 6 Mount and Dismount EA 1000 j5-151 WO Total �' 4112.17S-_ Revised: Addendum 2 RFB was bid out in three groups awarding primary and secondary for each group. This Contractor is secondary for Group 2. Revised: Addendum 2 Page 2of2 Group 2 -Medium Tires to Class 8 Tires Item Description Unit Qty Unit Price Total Price 7 Service Cap EA 200 1 50 4 %o, too 8 Service Call - After Hour EA 50 (p5' 31 1 9 Service Call - Holiday EA 7 ', 75 525 10 New Tire Pick up Charge EA 66 : 0 9 Out of Town Mileage Per Mile 5500 . i .25 (i, $ 75 10 Mount and Dismount EA 800 %. , I 00 a Total - Lib (, • Group 3 - OTR (Off the Road) Tires Item Description Unit Qty Unit Price Total Price 11 Service CaII EA 100 50 $ 5, Deo 12 Service Cali - After Hour EA 20 '15 k SDO 13 Service Call - Holiday EA 7 1 y 52.5 14 New Tire Pick up Charge EA 35 D 0 15 Out of Town Mileage Per Mile 3000 1,25 3,7s0 16 Mount and Dismount - Small OTR EA 20 $ 25.- 500 17 Mount and Dismount - Med OTR EA 20 $ 76' I, GOO 18 Mount and Dismount - Large OTR EA 60 i, 25 11560 Total 4 2_01 175 RFB was bid out in three groups awarding primary and secondary for each group. This Contractor is secondary for Group 2. Revised: Addendum 2 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 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) Employer’s Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 Page 2 of 3 3. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B. ADDITIONAL REQUIREMENTS 1. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 3 of 3 5. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Purchasing Mobile Tire Repairs for Fleet 07/26/2018 sw Risk Management Valid Through 12/31/2018 No Bond is required for this service. Attachment D: Warranty Requirements Contractor shall warranty all repairs for 30 days. If repair is due to defective work caused by the Contractor, Contractor will repair tire at no additional labor charge. If the tire is a defective tire, the Contractor will install new tire and a new invoice will be generated for the service. Page 1 of 1 DATE:November 13, 2018 TO:Keith Selman, Interim City Manager FROM:Kim Baker, Assistant Director of Financial Services–Purchasing Division KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing an one month amendment to a Service Agreement to continue the billing system analysis and implementation plan to resolve the billing system issues with Peter Collins of Corpus Christi, Texas for a not to exceed value of $32,000, and a revised Agreement total of $64,000. PURPOSE: The purpose of this agenda item is to extend the existing staff authorized agreement to continue these services, which are necessary to correct the billing system issues affecting our customers. BACKGROUND AND FINDINGS: Upon implementation of a new billing software system, the City was experiencing a number of issues related to customer’s utility bills. There were a number of variables that had changed at the time of these issues, beyond just new billing software including the rate structure, the billing rates, etc. In addition, there were concerns about missed meter readings and customers missing bills. Therefore, a decision was made by the Interim City Manager to hire an outside expert to evaluate and troubleshoot these issues and to quickly improve the accuracy of the billing system for our customers. Peter Collins was hired to provide consulting services under a staff authorized contract. Mr. Collins is nearing completion of identifying the issues, and now the changes need to be implement. Therefore, staff recommends retaining Mr. Collins services until the task are complete. Billing System Analysis AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting of November 27, 2018 ALTERNATIVES: Have City staff complete the implementation plan with management oversight, however this could result in a delay. OTHER CONSIDERATIONS: No feasible considerations CONFORMITY TO CITY POLICY: This purchase conforms to the City’s purchasing policies and procedures and State Statues regulating procurements. EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: City Manager and Purchasing Division FINANCIAL IMPACT: x Operating □ Revenue □ Capital □ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $64,000.00 $0.00 $64,000.00 Encumbered / Expended Amount $32,000.00 $0.00 $32,000.00 This item $32,000.00 $0.00 $32,000.00 BALANCE $0.00 $0.00 $0.00 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: Service Agreement Amendment /852 Amendment City of Corpus Christi Purchasing Department Date: October 23, 2018 Service Agreement No.: 1936 - Billing System Analysis Reference: City Manager Memo dated 10.12.18 Service Agreement Current Value: $32,000.00 Amendment No. 1 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, Peter Collins, Corpus Christi, Texas, hereinafter referred to as the Contractor, do hereby make and enter into this Amendment which, together with the Service Agreement No. 1936 and all other duly executed Amendments, constitutes the entire agreement under the above -referenced Service Agreement between the City and the Contractor. This Amendment modifies Section 2. Term of above -referenced Service Agreement for one additional month as follows: 1. Current Agreement Term —10.03.2018-12.02.2018 2. Revised Agreement Term —10.03.2018-01.02.2019 11. This Amendment modifies Section 3. Compensation and Payment by increasing the Agreement by $32,000.00 for a revised total value of $64,000.00. 111. This Amendment modifies Attachment A Scope of Work to continue the existing tasks and adding the following task: Scope of work for Implementing the Strategic Plan: Implement the Strategic plan which identified issues with the Infor, integrated systems, work flow issues and root causes for inaccurate billing. Note: the Strategic plan is a living document that during implementation will be updated as other issues are identified. If an unknown issue is identified, critical action will be taken immediately to resolve the issue, which could have an impact on the implementation of the Strategic plan. Deliverable: Provide status report on the progress of the implementing the Strategic plan. Assistance: Office, access to staff and vendors, identified core team and report to City Manager. The Contractor and the City agree to and shall abide by all terms and conditions of the original Service Agreement and any Amendments to that Agreement, to the extent they are not in conflict with the terms of this Ame j• me IE..- 4 vir' Ai/kw/mils-N.4 010 '' et =ins Date Kim Baker Date Assistant Director of Financial Services City of Corpus Christi, Texas Page 2 of 2 PURCHASING DIVISION PO Box 9277 Corpus Christi Texas, 78469-9277 Phone: 361.8263160 October 3, 2018 Peter Collins 344 Clifford Street Corpus Christi, Texas 78404 Reference: Service Agreement No. 1936 - Billing System Analysis - Notice to Proceed Please see attached fully executed contract for your records. You are now authorized to proceed with the work. Keith Selman is your Contract Administrator for this contract and your point of contact from this point forward. Keith can be reached at 361.826.3898 or KeithSe@cctexas.com. It has been a pleasure working with you to get to this step. Sincerely, (Cir,,, Q 64.ec, Kim Baker Assistant Director of Financial Services cc: Keith Selman Attachment: Fully Executed Contract 1852_ SERVICE AGREEMENT NO. 1936 Billing System Analysis THIS Billing System Analysis Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Peter Collins ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Billing System Analysis in response to Request for Bid/Proposal No. N/A ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Billing System Analysis ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for two months, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero -month periods ("Option 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 $32,000.00, 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 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: Keith Selman Department: Interim City Manager Phone: 361-826-3898 Email: KeithSe@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 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 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 must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. {A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (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 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 Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 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 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. 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: Keith Selman Title: Interim City Manager Address: 1201 Leopard St., Corpus Christi, Texas 78401 Phone: 361-826-3898 Fax: N/A Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Peter Collins Attn: Peter Collins Title: N/A Address: 344 Clifford St, Corpus Christi, Texas 78404 Phone: 218-242-9642 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, 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 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 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 disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 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 CONTRACT Signature; (SIGNATURE PAGE FOLLOWS) Printed Name: fele. It C 6/LA) Title: Date: J1) I,� Ic2f)/F CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division Date: 0 . Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. N/A Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Approved as to Legal Form October 1, 2018 Page 7 of 7 Attachment A - Scope of Work Contact Information: Peter Collins pec2525@mac.com 218-242-9642 Scope of work for Phase 1: Analyze the current billing system, integrate systems and meet with staff and vendors to identify the root causes for producing inaccurate bills. Phase 2 is the implementation stage and is not included in this scope of work. Deliverable: Produce a report on the current state of the billing system that identifies root causes for inaccuracies. Develop a Strategic plan on how to correct the root causes for inaccurate billing. Assistance: Office, access to staff and vendors, identified core team and report to City Manager. Estimated Time: Approximately 4 weeks. Attachment B - Schedule of Pricing Compensation: Fixed price 3Z000 dollars. Attachment C - Insurance Requirements Section 5 Insurance; Bonds. is hereby void as no insurance is required for this agreement. Attachment D - Warranty Section 8 Warranty. Subsection (A) and (B) is hereby void as there are no products required for this agreement. DATE:November 1, 2018 TO:Keith Selman, Interim City Manager FROM:Mike Culbertson, COO/CCREDC (361) 882-7448 mculbertson@ccredc.com CAPTION: Resolution approving the Corpus Christi B Corporation Guidelines and Criteria for Granting Business Incentives. PURPOSE: Approval of the Type B guidelines as required by the statute BACKGROUND AND FINDINGS: The economic development sales tax was created in 2016 as a ballot measure, Proposition No.1. The ordinance read:Replacing the portion of the Type A sales tax that expires in 2018 with the adoption of a one-eighth of one percent sales and use tax (maintaining current level) to be administered by a Type B Corporation under Chapter 505 of the Texas Local Government Code to be effective for 20 years, with the use of the proceeds for: (1) 50% for Economic Development, specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; (2) Up to $500,000 annually on affordable housing; and (3) Balance of proceeds to be used for construction, maintenance and repair of arterial and collector streets and roads. The Corpus Christi Economic Development Corporation passed draft guidelines at its March 19, 2018 meeting. After a joint meeting of the Type B Corporation Board, the City Council, and the CEO and Executive Committee of the CCREDC on October 15, 2018, these draft guidelines were finalized. The Type B Corporation voted to approve the guidelines at its November 12, 2018 meeting. Approving the Type B Corporation Economic Development Guidelines AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting of November 27, 2018 ALTERNATIVES: City Council could choose not to approve the guidelines or to recommend changes to guidelines. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: This project is consistent with the City’s stated goals of promoting economic development and incentivizing business to expand and thrive in Corpus Christi. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Corpus Christi B Corporation (Type B Board) Legal 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 RECOMMENDATION: Staff recommends approval of the Type B Corporation guidelines. LIST OF SUPPORTING DOCUMENTS: Resolution Draft Type B Guidelines Page 1 of 15 @BCL@280DED25 Resolution Approving the Corpus Christi B Corporation Guidelines and Criteria for Granting Business Incentives WHEREAS, the Board of Directors, Corpus Christi B Corporation, on November 12, 2018, adopted the Corporation's Guidelines and Criteria for Granting Business Incentives (the “Guidelines”); and WHEREAS, the City Council believes that it is in the best interest of the residents of the City to approve the Guidelines as approved by the Corpus Christi B Corporation Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.The Corpus Christi Guidelines and Criteria for Granting Business Incentives are approved. A copy of the guidelines is attached to and incorporated into this resolution as Exhibit A. This resolution takes effect upon City Council approval on this the _____ day of ___________________, 2018. ATTEST:THE CITY OF CORPUS CHRISTI _________________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas _________ of ___________________, _______ Page 2 of 15 @BCL@280DED25 The above resolution was passed by the following vote: Joe McComb ______________ Rudy Garza ______________ Paulette Guajardo ______________ Michael Hunter ______________ Debbie Lindsey-Opel ______________ Ben Molina ______________ Lucy Rubio ______________ Everett Roy ______________ Greg Smith ______________ Page 3 of 15 @BCL@280DED25 EXHIBIT A CORPUS CHRISTI B CORPORATION GUIDELINES & CRITERIA FOR GRANTING BUSINESS INCENTIVES WHEREAS, the attraction of long-term investment and the establishment of primary jobs in Corpus Christi would enhance the City’s economic base bringing new revenues into the economy; and, WHEREAS, Corpus Christi must compete with other communities across the nation currently offering a variety of business incentives to attract jobs and business; and, WHEREAS, the Texas Legislature in Section 4B of Article 5190.6, Vernon’s Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, (“the Act”), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City of Corpus Christi (“City”) passed Proposition 1, Adopt Type B Sales Tax to Replace Expiring Type A Sales Tax, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 20 years; WHEREAS, Proposition 1 limited the use of the 1/8th cent sales tax to the following: 1) 50% for economic development, specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; 2) Up to $500,000 annually on affordable housing; and 3)Balance of proceeds to be used for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the City’s Section Type B board of directors (Corpus Christi B Corporation Board); WHEREAS, it is stated desire of the Corporation’s Board of Directors that funds approved for the promotion and development of new and expanded business enterprises can only be used for any eligible project under Texas Local Government Code Chapters 501 and 505. WHEREAS, to assure a common, coordinated effort to promote economic development, these Guidelines and Criteria have been circulated among the City of Corpus Christi, other governmental entities, the Corpus Christi Regional Economic Development Corporation, area chambers of commerce and the Corpus Christi community in general for consideration; NOW, THEREFORE, BE IT RESOLVED by the Corpus Christi B Corporation that these Guidelines and Criteria for Granting Business Incentives be adopted: Page 4 of 15 @BCL@280DED25 Section 1. Definitions. (a) "Agreement" means a contractual agreement between a property owner and/or lessee within the City of Corpus Christi City Limits and the “Corporation” for the purposes of granting business incentives. (b) "Basic Manufacturing or Service Facility" means buildings and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services. (c) “Board” means the Corpus Christi B Corporation Board (Section 4B Board) as established by "City” Resolution 031343 and pursuant to the “Act”. (d) “Business Incubator” means a program established with the primary objective of improving the potential success of emerging primary employers, preferably through the transfer or application of technology, and in doing so, creates jobs, ensures self-sufficiency and invigorates the local economy. Through such programs, small business owners typically have access to assistance which might include items such as rental space, administrative support services, on- site business consulting, workshops, enterprise facilitation, and business management seminars. (e) "Capital Investment" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an “existing facility” or construction of a "new facility." It does not mean or include "deferred maintenance". (f) “City” means the City of Corpus Christi, Texas. (g) “CCREDC” means the Corpus Christi Regional Economic Development Corporation which serves as a professional economic development advisor to the City, the Corporation, and the Board: (h) “Corporation” means the City of Corpus Christi B Corporation established by “City” Resolution 031343. (i) "Deferred Maintenance" means improvements necessary for continued operations which do not improve productivity or are performed to meet regulatory obligations. (j) “Economic Driver” means a project that will add at least 50 full time employees and at least 50% of their sales and revenue come from outside a 50-mile radius from the intersection of Staples Street and Leopard Street. These revenues will increase the wealth of the area. (k) "Economic Life" means the number of years a property improvement is expected to be in service in a “facility”. (l) “Executive Director” means the City Manager or his/her designee. (m) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for the purposes of increasing capacity. Page 5 of 15 @BCL@280DED25 (n) "Facility" means property improvements completed or in the process of construction which together compromise an integral whole, as well as new fixed machinery or equipment. (o) “Jobs” means employment of a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. (p) “Living wage” means the annual amount determined by the U.S. Department of Health and Human Services for the Corpus Christi area as being at the poverty level for a family of three, divided by 2,080 hours per year. (q) "Modernization" means the replacement and upgrading of existing “facilities” which increase the productive input or output, updates the technology or substantially lowers the unit cost of the operation, and extends the economic life of the “facilities”. Modernization may result from the construction, alteration or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing or completion of “deferred maintenance”. (r) "New Facility" means a property previously undeveloped which is placed into service by means other than or in conjunction with an “expansion” or “modernization”. (s) "Owner" means the owner of a “facility” or “program” subject to business incentives. If the “facility” is constructed on a leased property, the owner shall be the party which owns the property subject to the business incentive. The other party to the lease shall join in the execution of the “agreement” but shall not be obligated to assure performance of the party receiving business incentive. (t) "Petrochemical Facility" means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture or processing of petrochemicals or fuels by physical or chemical change. (u) “Primary Employer” means a business in which at least 50% of its goods and/or services are sold to customers that are located more than 50 miles from the intersection of Staples Street and Leopard Street and (1) whose goods and/or services are in one of the following two-digit NAICS codes 31-33 Manufacturing; 42 Wholesale Trade; 48-49 Transportation and Warehousing; 52 Finance and Insurance; 54 Professional and Technical; or 55 Management of Companies; or (2) which is a supplier of who supplies at least 50% of its non-retail goods and/or services to local primary employer(s) that are located within a 50 mile radius away. Professional services companies qualifying for incentives must have more than 50% of their contract work (i.e. the location where the physical work/construction/manufacturing, etc. resulting from the professional services is done) located outside of a 50-mile radius of the region. The inability of a company to satisfactorily document the “primary” nature of the jobs shall be deemed ineligible for this incentive agreement payments. (v) "Regional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the Facility operator where a majority of the goods or services are distributed to points beyond a 50-mile radius of Nueces County. (w) "Regional Telecommunications/Data Processing Center Facility" means buildings and structures used or to be used primarily for the provision of telecommunication or data Page 6 of 15 @BCL@280DED25 processing services by the Facility operator where a majority of the services are provided to points beyond a 50-mile radius of Nueces County. (x) “Research and Development Facility” means buildings and structures used or to be used primarily for the purpose of product developmental engineering, testing and evaluation. (y) “Retention” means to retain existing primary employers so that they continue their business operation within the Corpus Christi city limits and its extraterritorial jurisdiction (ETJ). (z) “Small Business” means an employer that employs 49 or less full time (2,080 hours/year) permanent jobs at the time of application. (aa) “Small Business Primary Employer” means a primary employer that employs 49 or less full time permanent jobs at the time of application and complies with the requirement(s) set forth under “Definitions” letter (z). Section 2. Mission & Goals (a) It shall be the mission of the Board in administration of these Guidelines and Criteria to promote, encourage and enhance the expansion of the City tax base and economy through granting business incentives. (b) The goals of the Board in administration of these Guidelines and Criteria are to: • Create and retain jobs; • Expand the City tax base and economy; • Strengthen and diversify the local economy. (c) The role of the Corporation in carrying out this mission and goals is to review and approve applications for business incentives, recognizing that the Corpus Christi Regional Economic Development Corporation exists for the purpose of organizing, coordinating and leading the City’s economic development efforts. CCREDC shall be responsible for accepting and processing all Type B incentive applications and forwarding to the Board and Corporation with recommendations for action. All completed applications filed with CCREDC that meet the qualifying standards of the Type B Program, and provided funds allocated and budgeted are available, will be forwarded to the Type B Board along with a recommendation on course of action. CCREDC will provide a monthly report to the Board of any application that was deemed ineligible and the reason. Section 3. Business Incentives Authorized. (a) Primary Employer and Small Business Primary Employer Business Incentives Authorized. Incentives granted by Agreement under these guidelines pursuant to Section 4 below may include, but are not limited to the following: •land, facilities, equipment & infrastructure grants; •loan participation/guarantees; •direct low interest loans; •rent subsidies; •relocation and moving expense grants; Page 7 of 15 @BCL@280DED25 •job training grants/loans; •business incubation activities; and •Projects located in a tax increment reinvestment zone will be given preference. (b) Small Business Incentives Authorized. Incentives granted by Agreement for Small Business under these guidelines pursuant to Section 5 below may include, but are not limited to the following: • Small Business start-up grants/loans; • Business Incubation grants/loans; and • Business Incubator development. (c) Education Skills Development (defined below) Section 4. Primary Employer Business Incentives. (a) Authorized Facilities. A Capital Investment for a Facility may be eligible for incentives by Agreement if it creates or retains jobs for a Primary Employer. Incentives may be granted for land or Capital Investment related to either New Facilities or improvements to existing Facilities for the purpose of Modernization, Expansion, or for Capital Investment necessary for the retention of an existing primary employer. The following types of property shall be ineligible for business incentives: inventories; supplies; tools; furnishings and other forms of movable personal property (not including capital production equipment); vehicles; vessels; aircraft; deferred maintenance investments; improvements to real property which have an economic life of less than 15 years; and, with the exception of the City of Corpus Christi, property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas. (b) Annual Certification. The Business Incentive Agreement shall require annual certification of capital investment as required by the Agreement. (c) Completion of Facility Construction. The completion of Facility construction or installation of Capital Investment shall be deemed to occur upon the earliest of the following events (as determined by the Board): • when a permanent certificate of occupancy is issued for the project; • when commercial production of a product or provision of a service is achieved at the Facility; • when the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument; or, • two (2) years after the date of the Agreement. (d) Average Wage Requirement. In determining an incentive based on net jobs, the following matrix shall be considered as a guiding principal for incentive reviews. Gross Payroll Incentive per Job for employees, leased employees, contractors, and consultants. Benefits shall not be included in the gross payroll calculations. <$30,000 per job A maximum of $750 per net job* $30,000 to $40,000 per job $751 to $5,000 per job* $40,001 to $50,000 per job $5,001 to $10,000 per job* >$50,000 per job $10,001+ per job* Page 8 of 15 @BCL@280DED25 *up to, or not-to-exceed amounts, based on projected economic impact report and CCREDC staff recommendations. (e) For each project an economic impact report using accepted industry standards will be completed. For purposes of calculating the impact, only direct and indirect (not induced) revenue impacts shall be considered. As a guiding principle, no company creating fewer than 50 net jobs (FTEs) should receive more than 50% of the positive economic impact value calculated and paid over a five-year period. Companies creating over 50 net jobs may be eligible to receive greater than 50% of the net positive economic impact. As a guiding principle, major employment projects (over 50 net jobs) will have a significant city-wide economic impact and may be generally considering multiple cities or metro areas and shall be designated as Economic Driver projects. When there is clear and direct evidence that the City is in direct competition with another region for such a major project (over 50 net jobs) the guiding principle may require the Board and City to extend incentives offers beyond 50% of the direct and indirect economic impact of the project. The CCREDC staff will present to the Board a recommendation including the summary economic impact report, based on careful analysis and negotiations with the applicant company along with a clear acknowledgement when a project may require (or has requested) incentives in excess of the 50% direct and indirect positive benefits for the project. As a further guiding principle, incentives should not exceed 100% of the direct and indirect project benefits unless clear evidence exists that the project will bring further investments or is a “game changer” deal that will significantly and positively impact the wider Corpus Christi economy. (f) Job Creation Qualification. In order to be eligible for business incentives, the planned Capital Investment must create and maintain the minimum number of 50 full-time (2,080 hours/year) permanent jobs within the agreed time of an effective date as set out in the Agreement. Annual validation of wage rates shall be provided as set forth in Section 11 (b) herein. With regard to job training, an exception to this requirement may be granted by the Board on a case by case basis. (g) Health Insurance. To qualify for incentives, a primary employer shall certify that it has offered a health insurance program that meets federal and/or state standards for its employees during the term of the Agreement. Section 5. Small Business Incentives. (a) Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business to create jobs through Small Business start-up and/or Business Incubation. On an annual basis, the Board may budget a separate allocation for funding all small business start-up and/or business incubation incentives. (b) Wage and Job Creation Requirements. Wage and job creation requirements for Small Business start-up and Business Incubation shall be evaluated and determined by the Board on a case by case basis. (c) Each Small Business incentive application shall be accompanied by an economic impact report prepared by CCREDC and each company shall adequately report job and payroll numbers to CCREDC for reporting and compliance. The CCREDC staff shall prepare a recommendation to the Board on an appropriate course of action on levels of incentives to be offered. Page 9 of 15 @BCL@280DED25 Section 6. Small Business Primary Employer Incentives. Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business Primary Employers to create jobs through Small Business start-up and/or Business Incubation. On an annual basis, the Board may budget a separate allocation for funding all small business start- up, expansion, retention, and/or business incubation incentives. Section 7. Small Business Support (a) Small business support programs are programs designed to help small businesses grow in the community to create jobs. These programs may include technical assistance, business assistance, loan programs, and internships. (b) Internships will be funded at a maximum of 50% of the wage plus FICA. (c) The programs must report at a minimum; the number of interns, the companies using interns, intern duties, whether the intern received a job at that company, and whether the intern received a job in the area. Companies cannot use this as a supplement to their workforce. Interns must be used in their academic major field. Internship programs shall not be used as a substitute for permanent job or position creation. Companies cannot use interns more than two years without creating a job. If they do not create a job in that time they will be removed from the list for one year. No company shall receive an intern if another company, who has never had an intern, is requesting one. (d) Small business support program grants will not automatically be renewed; organizations must reapply annually. Section 8. Education/Skills Development. (a) Requests for education/skills development grants must be made through the application process adopted for all other business applicants. (b) Education/Skills Development projects must target job skills that are currently needed or will become needed within the next three years as identified by WorkForce Solutions, Inc. (c) The Education/Skills Development grant must be matched by the applicant by at least 50% of the cash contributed. In-kind donations/contributions will not count toward this minimum. (d) The programs must report the number of students, the number of graduates, and their location and average salary when they are ultimately hired. Failure to do so may jeopardize future applications. (e) Economic Impact, given the unique nature of these projects, may include direct, indirect and even induced economic impact, but awarded incentive grants should be matched with the educational institution’s actual cash (not in-kind) participation, or exceed 50% of the value of the economic impact. (f) The grant shall be used for capital expenditures and not for operations. (g) Economic impact report should be completed by an independent third party deemed acceptable by CCREDC, on behalf of the Board. (h) Grants for internships made through the Education/Skills Development portion of the sales tax fund must meet following requirements: Requests must be made through the application process adopted for all other business applicants. Page 10 of 15 @BCL@280DED25 The internships must target job skills that are currently needed or will become needed within the next three years as identified by WorkForce Solutions, Inc. unless it is under the internships for business. The companies using interns must pay a portion of the wage and applicable FICA payroll tax portion The internship must be through an approved academic or training program The grant agreement will be with that academic or training program. The grant recipient must implement a program to educate companies that can make use of interns, of the program specifics and how those companies may participate. Section 9. Certain targeted infrastructure These projects will promote or develop new or expanded business enterprises. The grants are limited to streets and roads, rail spurs, water and sewer utilities, and electric utilities, gas utilities, drainage, site improvements, and related improvements, telecommunications and internet improvements, especially in locations that eliminate blight or areas of high unemployment such as Texas Enterprise zones, Tax Increment Reinvestment Zones (TIRZ #2 and #3), other reinvestment zones, and Opportunity Zones. Section 10. Other Projects. Projects under this section can be any project allowed under Texas Local Government Code Chapter 505. Section 11. Universal Requirements. (a) Project Implementation. An authorized project funded by a business incentive under this Section must be implemented within two (2) years from the date of the Agreement. (b) Location or Residency Requirement. Facilities or land may be eligible for business incentives only in the event that any associated Capital Investment is located within the City. Property which is covered by an executed industrial district agreement shall be considered to be within the City for purposes of determining if a project meets location requirements. With regard to job training incentives, these may be eligible outside of the City only in the event that at least 51% of the jobs created during the term of the Agreement are held by residents of the City. Incentives for any property not within City limits, including properties in the Industrial District will require permission from the governing body who controls the property in accordance with Texas law. (c) Living Wage Requirement. In order to count as a permanent full-time job under this incentive program, the job should provide a “living wage” for the employee. The target living wage under this abatement program is that annual amount equal to or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. The City has the right to adjust the living wage target under these Guidelines and insert a specific target in each property Agreement to govern the abatement offered under that Agreement. Page 11 of 15 @BCL@280DED25 (d) Health Insurance. To qualify for any incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement and in compliance with state and federal standards for healthcare coverage. (e) Utilization of Local Contractors and Suppliers. Developer must agree to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business,with a goal of 50% of the total dollar amount of all construction contracts and supply agreements for elements that are not owner- provided or owner affiliate-provided being paid to local contractors and suppliers within the 50 mile radius of Leopard Street and Staples Street intersection. For the purposes of this section, the term “local” as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within the 50-mile radius of Leopard Street and Staples Street intersection.The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the Local Requirement. (f) Utilization of Disadvantaged Business Enterprises. Developer must agree to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises, in the construction of elements of the Project that are not owner-provided or owner affiliate-provided. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. The Developer agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements, for elements of the Project that are not owner-provided or owner affiliate- provided, being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the DBE Requirement. For the purposes of this section, the term “local” as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. (g) Insurance Requirements. Each recipient of business incentives shall carry worker’s compensation insurance and other appropriate insurance coverage as the Board may determine is appropriate and required in the Business Incentive Agreement. (h) Performance Agreement. Each recipient of a business incentive will enter into a performance agreement with the Corporation. The performance agreement will provide, at a minimum, a schedule of additional payroll or jobs to be created or retained and the capital investment to be made as consideration for an incentive provided or expenditure made by the Corporation under the agreement. Additionally, the performance agreement will specify the terms under which Page 12 of 15 @BCL@280DED25 repayment must be made if the business enterprise does not meet the performance requirements specified in the agreement. Section 12. Application. (a) Written Application. Any present or potential Owner or sponsor may request business incentives by filing an authorized and signed application with the President of the CCREDC. (b) Contents of Application. The application shall consist of a completed application form accompanied (when applicable) by the following: a general description of proposed Capital Investments to the Facility; a descriptive list of the improvements or program for which business incentives are requested; a list of the kind, number and location of all proposed improvements of the property; a map and property description; and, a time schedule for undertaking and completing the proposed improvements or programs. In the case of a Modernization or Expansion project, a statement of the assessed value of the Facility, separately stated for real and personal property, shall be given for the tax year immediately preceding the application. The application form may require such financial and other information as the Corporation or City deems appropriate for evaluating the financial capacity and other relevant factors of the applicant. (c) Feasibility/Economic Impact Study. After receipt of a completed application, the President of the CCREDC shall cause to be performed an economic impact report. This report may be completed by CCREDC (or its consultant) using established accepted economic impact models such as IMPLAN, RIMS II, EMSI, or similar model. This study shall include, but not be limited to, an estimate of the economic effect of incentives, including job creation, employment enhancement and capital investment. Once completed, the study and the application will be forwarded to the Board for review and discussion before consideration of any Agreement. The costs and expenses of the feasibility/economic impact study shall be borne by the Economic Development Corporation. The economic impact report should clearly identify the direct and indirect economic impact of each project. (d) No Business Incentives if Construction or Program has commenced. No business incentive Agreement shall be approved if the application was filed after the commencement of any construction, alteration or installation of improvements related to the proposed Facility Modernization, Expansion or New Facility. Similarly, no business incentive Agreement shall be approved for any program if the application was filed after the program has been establishment or program activity has commenced. (e) Financial Information. The applicant shall provide to the Corporation, or the Corporation’s appointed agent, the last three years of financial statements—company and/or personal financial statements for review and evaluation to assess the financial strength of the applicant. After receipt of the financial statements, the President of the CCREDC may cause a financial review to be performed. Upon completion, any negative findings from the financial review will be forwarded to the Board for review and discussion before consideration of an Agreement. The Page 13 of 15 @BCL@280DED25 applicant will be allowed to address, and explain in writing, any negative findings before the Corporation takes action on an Agreement. Section 13. Approval. (a) Reservation of Rights. The Board reserves the right to determine the eligibility of a project and the terms and conditions of any loan, grant or guarantee based on the mission, goals and objectives in Section 2 above. Nothing herein shall be construed to limit the authority of the Board to examine each application for business incentives before it on a case-by-case basis and determine in its sole and absolute discretion whether or not the proposed project should be granted any business incentive and whether or not it complies with these Guidelines and Criteria, is feasible, and whether or not the proposed business incentives will be to the long-term benefit of the City. (b) Project Agreement Required. Each Agreement shall also include and be accompanied by a separate Project Agreement executed between the Corporation and the City. Section 14. Agreement. (a) Contents of Business Incentive Agreement. The Agreement shall include (when applicable): •the estimated value of Capital Investment; •the commencement date and termination date of the business incentive; •the proposed use of the Facility, nature of construction, time schedule, map, property description and improvements list as provided in the application as required; •in the case of programs, the proposed program description, targeted employment market, nature and schedule of activities, facilities and equipment used to carry out activities, and complete program budget listing all sources of funding and projected expenditures; •the contractual obligations in the event of default, delinquent taxes, recapture, administration and assignment as provided in these Guidelines or other provisions that may be required for uniformity or by state law; and, •the number of permanent jobs, and wage/salary minimums for jobs created. •Commencement must occur within the time frame specified and agreed to in the agreement. (b) Time of Execution. The business incentive Agreement shall normally be considered by the Board within 60 days after the applicant has provided all necessary information and documentation. (c) Deadline for Execution. If the incentive proposal is approved by the Corporation Board of Directors, then the Owner will have ninety (90) days from the date the final Business Incentive Agreement is received by the Owner to execute the Agreement. Failure to execute the Business Incentive Agreement within ninety (90) days from date of receipt will result in the Agreement being null and void and of no effect. Section 15. Recapture. Page 14 of 15 @BCL@280DED25 (a) Failure to Timely Comply and Continue Operations. In the event that the Owner of a Facility or program fails to timely, fully and completely comply with any one or more of the Agreement requirements, obligations, duties, terms, conditions or warranties, such failure shall be an act of default and, if not fully and completely cured and corrected, Corporation and/or City may terminate the Agreement and pursue all legal remedies as provided by law. If the Owner is not in compliance during any compliance reviews, then the Corporation, in its sole discretion, shall determine the incentives that the Owner shall be required to refund. As a best practice, incentive agreements should include an appropriate graded scale of penalties negotiated on a case-by-case basis to ensure applicants adhere to performance goals and to ensure any penalties are reflective of the level of non-performance. (b) Employment Verification. Owner shall annually provide documentation, in the form of quarterly Texas Workforce Commission payroll reports or other mutually acceptable employment and payroll report, to verify compliance with job and payroll commitments. The four quarterly reports, required to be filed with the Texas Workforce Commission, shall be due not later than the fifteenth day after the deadline for filing the fourth quarter report with the Texas Workforce Commission, each year. Corporation may request Owner to provide such documentation at any time. (c) Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly follow the legal procedures for its protest and/or contest, the Agreement shall terminate and so shall the business incentives. (d) Utility Payments. In the event that the Owner allows its utility billing payments to become delinquent, the Agreement shall terminate and so shall the business incentives. (e) Notice of Default. Should the Corporation and/or City determine that the Owner be in default according to the terms and conditions of its Agreement, it shall notify the Owner in writing at the address stated in the Agreement that if such is not cured within 60 days from the date of such notice (the "Cure Period"), then the Agreement may be terminated. In the event the Owner fails to cure said default during the Cure Period, the Agreement may be terminated. If default on new construction occurs at the fault of the Owner, then the Owner must provide a written explanation of the reason for the default to the Corporation. This written explanation, and any legitimate reasons for delay, will be taken into consideration as a possible remedy for the default. The Owner shall also notify the Corporation, in writing, explaining any delays in completing any required Agreement milestones as soon as the delays are realized. These Agreement milestones would include deadlines for completion of new construction, hiring new employees, or any other required Agreement milestones. (f) Potential Liability. After exhausting good faith attempts to address any perceived default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of the Owner as determined by the Board, potential liability under an Agreement may include the immediate return of all money grants and consideration previously paid, the maximum lawful rate of interest on all money paid until fully repaid, reasonable attorney fees and costs of court to collect such money, and the termination of all further obligations made under Agreement. In addition, City and/or Corporation shall not be liable for any alleged consequential damages. Section 16. Administration. Page 15 of 15 @BCL@280DED25 (a) Access to Facility. The Agreement shall stipulate that employees and/or designated representatives of the City will have access to the Facility or program during the term of the Agreement for inspection to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after giving 24-hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the Facility or program. Inspections will be made with one or more representatives of the Owner and in accordance with its safety standards. (b) Annual Reviews. Business Incentive Agreement reviews will be conducted annually to ensure that the Owner is in compliance with the provisions of the Agreement. If the Owner is not in compliance or is in default, then the appropriate provision of the Agreement, as outlined in Section 9 herein and the Agreement, will be enforced to recover incentives paid to Owner, unless the Owner remedies the default on or before the conclusion of any Cure Period. (c) Annual Evaluation. The City, or designee, acting on behalf of the Corporation, shall annually evaluate compliance with the Agreement and report possible violations of the Agreement. As part of this evaluation, the Owner shall provide information sufficient to ensure compliance. (d) Right to Modify or Cancel. Notwithstanding anything herein or in any agreement to the contrary, the Board may cancel or modify the Agreement if the Owner fails to comply with the Agreement. Section 17. Waivers/Variances The Corporation shall have discretion to vary, alter, and/or waive any guideline or criteria set forth herein when such variance, alteration, and/or waiver shall be in the public interest and in furtherance of the purposes and goals of the Corporation as set forth in its Certificate of Formation, its By-laws, Ordinance 030930, and the Act. 1 CORPUS CHRISTI B CORPORATION GUIDELINES & CRITERIA FOR GRANTING BUSINESS INCENTIVES WHEREAS, the attraction of long-term investment and the establishment of primary jobs in Corpus Christi would enhance the City’s economic base bringing new revenues into the economy; and, WHEREAS, Corpus Christi must compete with other communities across the nation currently offering a variety of business incentives to attract jobs and business; and, WHEREAS, the Texas Legislature in Section 4B of Article 5190.6, Vernon’s Texas Revised Civil Statutes (Development Corporation Act of 1979), now codified as Subtitle C1, Title 12, Texas Local Government Code, (“the Act”), empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City of Corpus Christi (“City”) passed Proposition 1, Adopt Type B Sales Tax to Replace Expiring Type A Sales Tax, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 20 years; WHEREAS, Proposition 1 limited the use of the 1/8th cent sales tax to the following: 1) 50% for economic development, specifically the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law; 2) Up to $500,000 annually on affordable housing; and 3) Balance of proceeds to be used for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2018, to be administered by the City’s Section Type B board of directors (Corpus Christi B Corporation Board); WHEREAS, it is stated desire of the Corporation’s Board of Directors that funds approved for the promotion and development of new and expanded business enterprises can only be used for any eligible project under Texas Local Government Code Chapters 501 and 505. WHEREAS, to assure a common, coordinated effort to promote economic development, these Guidelines and Criteria have been circulated among the City of Corpus Christi, other governmental entities, the Corpus Christi Regional Economic Development Corporation, area chambers of commerce and the Corpus Christi community in general for consideration; NOW, THEREFORE, BE IT RESOLVED by the Corpus Christi B Corporation that these Guidelines and Criteria for Granting Business Incentives be adopted: Section 1. Definitions. 2 (a) "Agreement" means a contractual agreement between a property owner and/or lessee within the City of Corpus Christi City Limits and the “Corporation” for the purposes of granting business incentives. (b) "Basic Manufacturing or Service Facility" means buildings and structures, including fixed machinery and equipment not elsewhere described, used or to be used for the production of products or services. (c) “Board” means the Corpus Christi B Corporation Board (Section 4B Board) as established by "City” Resolution 031343 and pursuant to the “Act”. (d) “Business Incubator” means a program established with the primary objective of improving the potential success of emerging primary employers, preferably through the transfer or application of technology, and in doing so, creates jobs, ensures self-sufficiency and invigorates the local economy. Through such programs, small business owners typically have access to assistance which might include items such as rental space, administrative support services, on- site business consulting, workshops, enterprise facilitation, and business management seminars. (e) "Capital Investment" means the increase in the assessed value of an eligible property as a result of "expansion" or "modernization" of an “existing facility” or construction of a "new facility." It does not mean or include "deferred maintenance". (f) “City” means the City of Corpus Christi, Texas. (g) “CCREDC” means the Corpus Christi Regional Economic Development Corporation which serves as a professional economic development advisor to the City, the Corporation, and the Board: (h) “Corporation” means the City of Corpus Christi B Corporation established by “City” Resolution 031343. (i) "Deferred Maintenance" means improvements necessary for continued operations which do not improve productivity or are performed to meet regulatory obligations. (j) “Economic Driver” means a project that will add at least 50 full time employees and at least 50% of their sales and revenue come from outside a 50-mile radius from the intersection of Staples Street and Leopard Street. These revenues will increase the wealth of the area. (k) "Economic Life" means the number of years a property improvement is expected to be in service in a “facility”. (l) “Executive Director” means the City Manager or his/her designee. (m) "Expansion" means the addition of buildings, structures, fixed machinery or equipment for the purposes of increasing capacity. (n) "Facility" means property improvements completed or in the process of construction which together compromise an integral whole, as well as new fixed machinery or equipment. 3 (o) “Jobs” means employment of a full-time employee, contractor, consultant, or leased employee who has a home address in the Corpus Christi MSA. (p) “Living wage” means the annual amount determined by the U.S. Department of Health and Human Services for the Corpus Christi area as being at the poverty level for a family of three, divided by 2,080 hours per year. (q) "Modernization" means the replacement and upgrading of existing “facilities” which increase the productive input or output, updates the technology or substantially lowers the unit cost of the operation, and extends the economic life of the “facilities”. Modernization may result from the construction, alteration or installation of buildings, structures, fixed machinery or equipment. It shall not be for the purpose of reconditioning, refurbishing, repairing or completion of “deferred maintenance”. (r) "New Facility" means a property previously undeveloped which is placed into service by means other than or in conjunction with an “expansion” or “modernization”. (s) "Owner" means the owner of a “facility” or “program” subject to business incentives. If the “facility” is constructed on a leased property, the owner shall be the party which owns the property subject to the business incentive. The other party to the lease shall join in the execution of the “agreement” but shall not be obligated to assure performance of the party receiving business incentive. (t) "Petrochemical Facility" means buildings and structures, including fixed machinery and equipment, the primary purpose of which is or will be the manufacture or processing of petrochemicals or fuels by physical or chemical change. (u) “Primary Employer” means a business in which at least 50% of its goods and/or services are sold to customers that are located more than 50 miles from the intersection of Staples Street and Leopard Street and (1) whose goods and/or services are in one of the following two-digit NAICS codes 31-33 Manufacturing; 42 Wholesale Trade; 48-49 Transportation and Warehousing; 52 Finance and Insurance; 54 Professional and Technical; or 55 Management of Companies; or (2) which is a supplier of who supplies at least 50% of its non-retail goods and/or services to local primary employer(s) that are located within a 50 mile radius away. Professional services companies qualifying for incentives must have more than 50% of their contract work (i.e. the location where the physical work/construction/manufacturing, etc. resulting from the professional services is done) located outside of a 50-mile radius of the region. The inability of a company to satisfactorily document the “primary” nature of the jobs shall be deemed ineligible for this incentive agreement payments. (v) "Regional Distribution Center Facility" means buildings and structures, including fixed machinery and equipment, used or to be used primarily to receive, store, service or distribute goods or materials owned by the Facility operator where a majority of the goods or services are distributed to points beyond a 50-mile radius of Nueces County. (w) "Regional Telecommunications/Data Processing Center Facility" means buildings and structures used or to be used primarily for the provision of telecommunication or data processing services by the Facility operator where a majority of the services are provided to points beyond a 50-mile radius of Nueces County. 4 (x) “Research and Development Facility” means buildings and structures used or to be used primarily for the purpose of product developmental engineering, testing and evaluation. (y) “Retention” means to retain existing primary employers so that they continue their business operation within the Corpus Christi city limits and its extraterritorial jurisdiction (ETJ). (z) “Small Business” means an employer that employs 49 or less full time (2,080 hours/year) permanent jobs at the time of application. (aa) “Small Business Primary Employer” means a primary employer that employs 49 or less full time permanent jobs at the time of application and complies with the requirement(s) set forth under “Definitions” letter (z). Section 2. Mission & Goals (a) It shall be the mission of the Board in administration of these Guidelines and Criteria to promote, encourage and enhance the expansion of the City tax base and economy through granting business incentives. (b) The goals of the Board in administration of these Guidelines and Criteria are to: • Create and retain jobs; • Expand the City tax base and economy; • Strengthen and diversify the local economy. (c) The role of the Corporation in carrying out this mission and goals is to review and approve applications for business incentives, recognizing that the Corpus Christi Regional Economic Development Corporation exists for the purpose of organizing, coordinating and leading the City’s economic development efforts. CCREDC shall be responsible for accepting and processing all Type B incentive applications and forwarding to the Board and Corporation with recommendations for action. All completed applications filed with CCREDC that meet the qualifying standards of the Type B Program, and provided funds allocated and budgeted are available, will be forwarded to the Type B Board along with a recommendation on course of action. CCREDC will provide a monthly report to the Board of any application that was deemed ineligible and the reason. Section 3. Business Incentives Authorized. (a) Primary Employer and Small Business Primary Employer Business Incentives Authorized. Incentives granted by Agreement under these guidelines pursuant to Section 4 below may include, but are not limited to the following: • land, facilities, equipment & infrastructure grants; • loan participation/guarantees; • direct low interest loans; • rent subsidies; • relocation and moving expense grants; • job training grants/loans; • business incubation activities; and 5 • Projects located in a tax increment reinvestment zone will be given preference. (b) Small Business Incentives Authorized. Incentives granted by Agreement for Small Business under these guidelines pursuant to Section 5 below may include, but are not limited to the following: • Small Business start-up grants/loans; • Business Incubation grants/loans; and • Business Incubator development. (c) Education Skills Development (defined below) Section 4. Primary Employer Business Incentives. (a) Authorized Facilities. A Capital Investment for a Facility may be eligible for incentives by Agreement if it creates or retains jobs for a Primary Employer. Incentives may be granted for land or Capital Investment related to either New Facilities or improvements to existing Facilities for the purpose of Modernization, Expansion, or for Capital Investment necessary for the retention of an existing primary employer. The following types of property shall be ineligible for business incentives: inventories; supplies; tools; furnishings and other forms of movable personal property (not including capital production equipment); vehicles; vessels; aircraft; deferred maintenance investments; improvements to real property which have an economic life of less than 15 years; and, with the exception of the City of Corpus Christi, property owned or used by the State of Texas or its political subdivisions or by any organization owned, operated or directed by a political subdivision of the State of Texas. (b) Annual Certification. The Business Incentive Agreement shall require annual certification of capital investment as required by the Agreement. (c) Completion of Facility Construction. The completion of Facility construction or installation of Capital Investment shall be deemed to occur upon the earliest of the following events (as determined by the Board): • when a permanent certificate of occupancy is issued for the project; • when commercial production of a product or provision of a service is achieved at the Facility; • when the architect or engineer supervising construction issues a certificate of substantial completion, or some similar instrument; or, • two (2) years after the date of the Agreement. (d) Average Wage Requirement. In determining an incentive based on net jobs, the following matrix shall be considered as a guiding principal for incentive reviews. Gross Payroll Incentive per Job for employees, leased employees, contractors, and consultants. Benefits shall not be included in the gross payroll calculations. <$30,000 per job A maximum of $750 per net job* $30,000 to $40,000 per job $751 to $5,000 per job* $40,001 to $50,000 per job $5,001 to $10,000 per job* >$50,000 per job $10,001+ per job* 6 *up to, or not-to-exceed amounts, based on projected economic impact report and CCREDC staff recommendations. (e) For each project an economic impact report using accepted industry standards will be completed. For purposes of calculating the impact, only direct and indirect (not induced) revenue impacts shall be considered. As a guiding principle, no company creating fewer than 50 net jobs (FTEs) should receive more than 50% of the positive economic impact value calculated and paid over a five-year period. Companies creating over 50 net jobs may be eligible to receive greater than 50% of the net positive economic impact. As a guiding principle, major employment projects (over 50 net jobs) will have a significant city-wide economic impact and may be generally considering multiple cities or metro areas and shall be designated as Economic Driver projects. When there is clear and direct evidence that the City is in direct competition with another region for such a major project (over 50 net jobs) the guiding principle may require the Board and City to extend incentives offers beyond 50% of the direct and indirect economic impact of the project. The CCREDC staff will present to the Board a recommendation including the summary economic impact report, based on careful analysis and negotiations with the applicant company along with a clear acknowledgement when a project may require (or has requested) incentives in excess of the 50% direct and indirect positive benefits for the project. As a further guiding principle, incentives should not exceed 100% of the direct and indirect project benefits unless clear evidence exists that the project will bring further investments or is a “game changer” deal that will significantly and positively impact the wider Corpus Christi economy. (f) Job Creation Qualification. In order to be eligible for business incentives, the planned Capital Investment must create and maintain the minimum number of 50 full-time (2,080 hours/year) permanent jobs within the agreed time of an effective date as set out in the Agreement. Annual validation of wage rates shall be provided as set forth in Section 11 (b) herein. With regard to job training, an exception to this requirement may be granted by the Board on a case by case basis. (g) Health Insurance. To qualify for incentives, a primary employer shall certify that it has offered a health insurance program that meets federal and/or state standards for its employees during the term of the Agreement. Section 5. Small Business Incentives. (a) Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business to create jobs through Small Business start-up and/or Business Incubation. On an annual basis, the Board may budget a separate allocation for funding all small business start-up and/or business incubation incentives. (b) Wage and Job Creation Requirements. Wage and job creation requirements for Small Business start-up and Business Incubation shall be evaluated and determined by the Board on a case by case basis. (c) Each Small Business incentive application shall be accompanied by an economic impact report prepared by CCREDC and each company shall adequately report job and payroll numbers to CCREDC for reporting and compliance. The CCREDC staff shall prepare a 7 recommendation to the Board on an appropriate course of action on levels of incentives to be offered. Section 6. Small Business Primary Employer Incentives. Authorized Projects/Dedicated Allocation. For projects which may not meet the requirements of Section 4 above, business incentives may also be granted to Small Business Primary Employers to create jobs through Small Business start-up and/or Business Incubation. On an annual basis, the Board may budget a separate allocation for funding all small business start- up, expansion, retention, and/or business incubation incentives. Section 7. Small Business Support (a) Small business support programs are programs designed to help small businesses grow in the community to create jobs. These programs may include technical assistance, business assistance, loan programs, and internships. (b) Internships will be funded at a maximum of 50% of the wage plus FICA. (c) The programs must report at a minimum; the number of interns, the companies using interns, intern duties, whether the intern received a job at that company, and whether the intern received a job in the area. Companies cannot use this as a supplement to their workforce. Interns must be used in their academic major field. Internship programs shall not be used as a substitute for permanent job or position creation. Companies cannot use interns more than two years without creating a job. If they do not create a job in that time they will be removed from the list for one year. No company shall receive an intern if another company, who has never had an intern, is requesting one. (d) Small business support program grants will not automatically be renewed; organizations must reapply annually. Section 8. Education/Skills Development. (a) Requests for education/skills development grants must be made through the application process adopted for all other business applicants. (b) Education/Skills Development projects must target job skills that are currently needed or will become needed within the next three years as identified by WorkForce Solutions, Inc. (c) The Education/Skills Development grant must be matched by the applicant by at least 50% of the cash contributed. In-kind donations/contributions will not count toward this minimum. (d) The programs must report the number of students, the number of graduates, and their location and average salary when they are ultimately hired. Failure to do so may jeopardize future applications. (e) Economic Impact, given the unique nature of these projects, may include direct, indirect and even induced economic impact, but awarded incentive grants should be matched with the educational institution’s actual cash (not in-kind) participation, or exceed 50% of the value of the economic impact. (f) The grant shall be used for capital expenditures and not for operations. (g) Economic impact report should be completed by an independent third party deemed acceptable by CCREDC, on behalf of the Board. (h) Grants for internships made through the Education/Skills Development portion of the sales tax fund must meet following requirements: 8 • Requests must be made through the application process adopted for all other business applicants. • The internships must target job skills that are currently needed or will become needed within the next three years as identified by WorkForce Solutions, Inc. unless it is under the internships for business. • The companies using interns must pay a portion of the wage and applicable FICA payroll tax portion • The internship must be through an approved academic or training program • The grant agreement will be with that academic or training program. • The grant recipient must implement a program to educate companies that can make use of interns, of the program specifics and how those companies may participate. Section 9. Certain targeted infrastructure These projects will promote or develop new or expanded business enterprises. The grants are limited to streets and roads, rail spurs, water and sewer utilities, and electric utilities, gas utilities, drainage, site improvements, and related improvements, telecommunications and internet improvements. Especially in locations that eliminate blight or areas of high unemployment such as Texas Enterprise zones, Tax Increment Redevelopment Zones (TIRZ #2 and #3), and Opportunity Zones. Section 10. Other Projects Projects under this section can be any project allowed under Texas Tax Code 505. Section 11. Universal Requirements. (a) Project Implementation. An authorized project funded by a business incentive under this Section must be implemented within two (2) years from the date of the Agreement. (b) Location or Residency Requirement. Facilities or land may be eligible for business incentives only in the event that any associated Capital Investment is located within the City. Property which is covered by an executed industrial district agreement shall be considered to be within the City for purposes of determining if a project meets location requirements. With regard to job training incentives, these may be eligible outside of the City only in the event that at least 51% of the jobs created during the term of the Agreement are held by residents of the City. Incentives for any property not within City limits, including properties in the Industrial District will require permission from the governing body who controls the property in accordance with Texas law. (c) Living Wage Requirement. In order to count as a permanent full-time job under this incentive program, the job should provide a “living wage” for the employee. The target living wage under this abatement program is that annual amount equal to or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. The City has the right to adjust the living wage target under these Guidelines and insert a specific target in each property Agreement to govern the abatement offered under that Agreement. 9 (d) Health Insurance. To qualify for any incentive, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement and in compliance with state and federal standards for healthcare coverage. (e) Utilization of Local Contractors and Suppliers. Developer must agree to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements for elements that are not owner- provided or owner affiliate-provided being paid to local contractors and suppliers within the 50 mile radius of Leopard Street and Staples Street intersection. For the purposes of this section, the term “local” as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within the 50-mile radius of Leopard Street and Staples Street intersection. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the Local Requirement. (f) Utilization of Disadvantaged Business Enterprises. Developer must agree to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises, in the construction of elements of the Project that are not owner-provided or owner affiliate-provided. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. The Developer agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements, for elements of the Project that are not owner-provided or owner affiliate- provided, being paid to disadvantaged business enterprises, with a priority made for disadvantaged business enterprises which are local. The Developer agrees, during the construction of the Project and for four years after Completion, to maintain written records documenting the efforts of the Developer to comply with the DBE Requirement. For the purposes of this section, the term “local” as used to describe contractors and suppliers that are determined to be disadvantaged business enterprises, including minority business enterprises women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. (g) Insurance Requirements. Each recipient of business incentives shall carry worker’s compensation insurance and other appropriate insurance coverage as the Board may determine is appropriate and required in the Business Incentive Agreement. (h) Performance Agreement. Each recipient of a business incentive will enter into a performance agreement with the Corporation. The performance agreement will provide, at a minimum, a schedule of additional payroll or jobs to be created or retained and the capital investment to be 10 made as consideration for an incentive provided or expenditure made by the Corporation under the agreement. Additionally, the performance agreement will specify the terms under which repayment must be made if the business enterprise does not meet the performance requirements specified in the agreement. Section 12. Application. (a) Written Application. Any present or potential Owner or sponsor may request business incentives by filing an authorized and signed application with the President of the CCREDC. (b) Contents of Application. The application shall consist of a completed application form accompanied (when applicable) by the following: • a general description of proposed Capital Investments to the Facility; • a descriptive list of the improvements or program for which business incentives are requested; • a list of the kind, number and location of all proposed improvements of the property; • a map and property description; and, • a time schedule for undertaking and completing the proposed improvements or programs. In the case of a Modernization or Expansion project, a statement of the assessed value of the Facility, separately stated for real and personal property, shall be given for the tax year immediately preceding the application. The application form may require such financial and other information as the Corporation or City deems appropriate for evaluating the financial capacity and other relevant factors of the applicant. (c) Feasibility/Economic Impact Study. After receipt of a completed application, the President of the CCREDC shall cause to be performed an economic impact report. This report may be completed by CCREDC (or its consultant) using established accepted economic impact models such as IMPLAN, RIMS II, EMSI, or similar model. This study shall include, but not be limited to, an estimate of the economic effect of incentives, including job creation, employment enhancement and capital investment. Once completed, the study and the application will be forwarded to the Board for review and discussion before consideration of any Agreement. The costs and expenses of the feasibility/economic impact study shall be borne by the Economic Development Corporation. The economic impact report should clearly identify the direct and indirect economic impact of each project. (d) No Business Incentives if Construction or Program has commenced. No business incentive Agreement shall be approved if the application was filed after the commencement of any construction, alteration or installation of improvements related to the proposed Facility Modernization, Expansion or New Facility. Similarly, no business incentive Agreement shall be approved for any program if the application was filed after the program has been establishment or program activity has commenced. (e) Financial Information. The applicant shall provide to the Corporation, or the Corporation’s appointed agent, the last three years of financial statements—company and/or personal financial statements for review and evaluation to assess the financial strength of the applicant. After receipt of the financial statements, the President of the CCREDC may cause a financial review to be performed. Upon completion, any negative findings from the financial review will be 11 forwarded to the Board for review and discussion before consideration of an Agreement. The applicant will be allowed to address, and explain in writing, any negative findings before the Corporation takes action on an Agreement. Section 13. Approval. (a) Reservation of Rights. The Board reserves the right to determine the eligibility of a project and the terms and conditions of any loan, grant or guarantee based on the mission, goals and objectives in Section 2 above. Nothing herein shall be construed to limit the authority of the Board to examine each application for business incentives before it on a case-by-case basis and determine in its sole and absolute discretion whether or not the proposed project should be granted any business incentive and whether or not it complies with these Guidelines and Criteria, is feasible, and whether or not the proposed business incentives will be to the long-term benefit of the City. (b) Project Agreement Required. Each Agreement shall also include and be accompanied by a separate Project Agreement executed between the Corporation and the City. Section 14. Agreement. (a) Contents of Business Incentive Agreement. The Agreement shall include (when applicable): • the estimated value of Capital Investment; • the commencement date and termination date of the business incentive; • the proposed use of the Facility, nature of construction, time schedule, map, property description and improvements list as provided in the application as required; • in the case of programs, the proposed program description, targeted employment market, nature and schedule of activities, facilities and equipment used to carry out activities, and complete program budget listing all sources of funding and projected expenditures; • the contractual obligations in the event of default, delinquent taxes, recapture, administration and assignment as provided in these Guidelines or other provisions that may be required for uniformity or by state law; and, • the number of permanent jobs, and wage/salary minimums for jobs created. • Commencement must occur within the time frame specified and agreed to in the agreement. (b) Time of Execution. The business incentive Agreement shall normally be considered by the Board within 60 days after the applicant has provided all necessary information and documentation. (c) Deadline for Execution. If the incentive proposal is approved by the Corporation Board of Directors, then the Owner will have ninety (90) days from the date the final Business Incentive Agreement is received by the Owner to execute the Agreement. Failure to execute the Business Incentive Agreement within ninety (90) days from date of receipt will result in the Agreement being null and void and of no effect. Section 15. Recapture. 12 (a) Failure to Timely Comply and Continue Operations. In the event that the Owner of a Facility or program fails to timely, fully and completely comply with any one or more of the Agreement requirements, obligations, duties, terms, conditions or warranties, such failure shall be an act of default and, if not fully and completely cured and corrected, Corporation and/or City may terminate the Agreement and pursue all legal remedies as provided by law. If the Owner is not in compliance during any compliance reviews, then the Corporation, in its sole discretion, shall determine the incentives that the Owner shall be required to refund. As a best practice, incentive agreements should include an appropriate graded scale of penalties negotiated on a case-by-case basis to ensure applicants adhere to performance goals and to ensure any penalties are reflective of the level of non-performance. (b) Employment Verification. Owner shall annually provide documentation, in the form of quarterly Texas Workforce Commission payroll reports or other mutually acceptable employment and payroll report, to verify compliance with job and payroll commitments. The four quarterly reports, required to be filed with the Texas Workforce Commission, shall be due not later than the fifteenth day after the deadline for filing the fourth quarter report with the Texas Workforce Commission, each year. Corporation may request Owner to provide such documentation at any time. (c) Delinquent Taxes. In the event that the Owner allows its ad valorem taxes to become delinquent and fails to timely and properly follow the legal procedures for its protest and/or contest, the Agreement shall terminate and so shall the business incentives. (d) Utility Payments. In the event that the Owner allows its utility billing payments to become delinquent, the Agreement shall terminate and so shall the business incentives. (e) Notice of Default. Should the Corporation and/or City determine that the Owner be in default according to the terms and conditions of its Agreement, it shall notify the Owner in writing at the address stated in the Agreement that if such is not cured within 60 days from the date of such notice (the "Cure Period"), then the Agreement may be terminated. In the event the Owner fails to cure said default during the Cure Period, the Agreement may be terminated. If default on new construction occurs at the fault of the Owner, then the Owner must provide a written explanation of the reason for the default to the Corporation. This written explanation, and any legitimate reasons for delay, will be taken into consideration as a possible remedy for the default. The Owner shall also notify the Corporation, in writing, explaining any delays in completing any required Agreement milestones as soon as the delays are realized. These Agreement milestones would include deadlines for completion of new construction, hiring new employees, or any other required Agreement milestones. (f) Potential Liability. After exhausting good faith attempts to address any perceived default during the Cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of the Owner as determined by the Board, potential liability under an Agreement may include the immediate return of all money grants and consideration previously paid, the maximum lawful rate of interest on all money paid until fully repaid, reasonable attorney fees and costs of court to collect such money, and the termination of all further obligations made under Agreement. In addition, City and/or Corporation shall not be liable for any alleged consequential damages. Section 16. Administration. 13 (a) Access to Facility. The Agreement shall stipulate that employees and/or designated representatives of the City will have access to the Facility or program during the term of the Agreement for inspection to determine if the terms and conditions of the Agreement are being met. All inspections will be made only after giving 24-hours prior notice and will only be conducted in such manner as to not unreasonably interfere with the construction and/or operation of the Facility or program. Inspections will be made with one or more representatives of the Owner and in accordance with its safety standards. (b) Annual Reviews. Business Incentive Agreement reviews will be conducted annually to ensure that the Owner is in compliance with the provisions of the Agreement. If the Owner is not in compliance or is in default, then the appropriate provision of the Agreement, as outlined in Section 9 herein and the Agreement, will be enforced to recover incentives paid to Owner, unless the Owner remedies the default on or before the conclusion of any Cure Period. (c) Annual Evaluation. The City, or designee, acting on behalf of the Corporation, shall annually evaluate compliance with the Agreement and report possible violations of the Agreement. As part of this evaluation, the Owner shall provide information sufficient to ensure compliance. (d) Right to Modify or Cancel. Notwithstanding anything herein or in any agreement to the contrary, the Board may cancel or modify the Agreement if the Owner fails to comply with the Agreement. Section 17. Waivers/Variances The Corporation shall have discretion to vary, alter, and/or waive any guideline or criteria set forth herein when such variance, alteration, and/or waiver shall be in the public interest and in furtherance of the purposes and goals of the Corporation as set forth in its Certificate of Formation, its By-laws, Ordinance 030930, and the Act. DATE:September 16, 2017 TO:Keith Selman, Interim City Manager FROM:Mike Culbertson (361) 882-7448 mculbertson@ccredc.com CAPTION: Resolution approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide grant up to $150,000 for their internship program. PURPOSE: Award a Type A Grant for Del Mar College’s Internship Program for Small Business Assistance until December 31, 2019 BACKGROUND AND FINDINGS: Del Mar College has a program where students can work for a local company as an intern. The local company will pay minimum wage while the Type A grant will match the wage up to $5.00 per hour plus FICA. This encourages companies to hire interns, it allows the student to get real work experience, and has a goal to create new jobs. The Type A Board has funded this program since 2007. This agreement would run until December 31st which is the end of a semester to better manage the program. Since the beginning this program has placed 829 students with 259 small businesses and that resulted in 146 full-time jobs and 182 part-time jobs. The Board of Directors of the Corpus Christi Regional Economic Development Corporation recommended approval during their September 11, 2018 meeting. The Type A Board approved the grant at their September 17, 2018 meeting. ALTERNATIVES: The Council may choose to not fund the program or fund it at a different amount. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This is in keeping with the stated goal of promoting and retaining businesses. Renew a Type A Grant for Del Mar College Internship Program AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting of November 27, 2018 EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: 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 703,500 703,500 Encumbered / Expended Amount 0 0 This item 150,000 150,000 BALANCE 553,500 553,500 Fund: 1140 Business Job Development (Type A) Comments:Org 15020 Small Business Projects RECOMMENDATION: Staff recommends approving an agreement for Del Mar College for $150,000 for the internship program for calendar year 2019. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Page 1 of 2 @BCL@C00CA9DF.docxDMC RESOLUTION Approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide grant up to $150,000 for their internship program. WHEREAS,the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS,the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Del Mar College for an intern program within the City will best satisfy this goal; WHEREAS,City Council deems that it is the best interest of the City and citizens to renew the business incentives agreement for an intern program between the Type A Corporation and Del Mar College; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the renewal of the business incentives agreement for business development between the Type A Corporation and Del Mar College for an intern program within the City of Corpus Christi, in the form attached to this resolution, is approved. This resolution takes effect upon City Council approval on this the _____ day of ___________________, 2018. Page 2 of 2 @BCL@C00CA9DF.docxDMC ATTEST:THE CITY OF CORPUS CHRISTI _________________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas _________ of ___________________, _______ The above resolution was passed by the following vote: Joe McComb ______________ Rudy Garza ______________ Paulette Guajardo ______________ Michael Hunter ______________ Debbie Lindsey-Opel ______________ Ben Molina ______________ Everett Roy ______________ Lucy Rubio ______________ Greg Smith ______________ Renewal Small Business Incentive Agreement Between Corpus Christi Business and Job Development Corporation and Del Mar College Renewal No.: 1 Date: September 17, 2018 The Corpus Christi Business and Job Development Corporation hereinafter referred to as the Corporation, and Del Mar College, hereinafter referred to as Del Mar, do hereby make and enter into this Renewal No. 1 of the Small Business Incentive Agreement ("Renewal") which, together with the Small Business Incentive Agreement, which was approved by City Council on October 10, 2017, and all other duly executed amendments, constitutes the entire agreement under the above -referenced agreement between the Corporation and Del Mar. This Renewal is to exercise the first one-year option provided for in section 2.b. of the agreement. The Term of this renewal option is January 1, 2019 through December 31, 2019. The grant provided for this Renewal term shall not exceed $150,000 as provided in section 3 of the agreement. The Corporation and Del Mar agree to and shall abide by all terms and conditions of the original agreement and any amendments thereto, to the extent they are not in conflict with the terms of this Renewal. `. 3 rk Escamilla, Ph.D. Date resident and CEO Del Mar College Scott Harris Date President Corpus Christi Business and Job Development Corporation • ' PROVED AS TO LEGAL FORM &p►u -4/Ltd tO 11 Lo Assistant Ci y Attorney Date Attorney for Corporation DATE:September 16, 2017 TO:Keith Selman, Interim City Manager FROM:Mike Culbertson (361) 882-7448 mculbertson@ccredc.com CAPTION: Resolution approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University – Corpus Christi (TAMU-CC) to provide grant up to $150,000 for their internship program. PURPOSE: Award a Type A Grant for Texas A&M University’s Internship Program for Small Business Assistance until December 31, 2019 BACKGROUND AND FINDINGS: Texas A&M University – Corpus Christi has a program where students can work for a local company as an intern. The local company will pay minimum wage while the Type A grant will match the wage up to $5.00 per hour plus FICA. This encourages companies to hire interns, it allows the student to get real work experience, and has a goal to create new jobs. The Type A Board has funded this program since 2007. This agreement would run until December 31st which is the end of a semester to better manage the program. Since the program started they have created 95 full-time jobs and 222 part-time jobs. They have placed 856 interns with 246 small businesses. The Board of Directors of the Corpus Christi Regional Economic Development Corporation recommended approval during their September 11, 2018 meeting. The Type A Board approved the grant at their September 17, 2018 meeting. ALTERNATIVES: The Council may choose to not fund the program or fund it at a different amount. OTHER CONSIDERATIONS: Not applicable Renewal of a Type A Grant for Texas A&M University – Corpus Christi Internship Program AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting of November 27, 2018 CONFORMITY TO CITY POLICY: This is in keeping with the stated goal of promoting and retaining businesses. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: 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 703,500 703,500 Encumbered / Expended Amount 0 0 This item 150,000 150,000 BALANCE 553,500 553,500 Fund: 1140 Business Job Development (Type A) Comments:This Org 15020 Small Business Projects RECOMMENDATION: Staff recommends approving an agreement for TAMU-CC for $150,000 for the internship program for calendar year 2019. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Page 1 of 2 @BCL@C00C7C54.docx RESOLUTION Approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Texas A&M University – Corpus Christi (TAMU-CC) to provide grant up to $150,000 for their internship program. WHEREAS,the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS,the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from TAMU-CC for an intern program within the City will best satisfy this goal; WHEREAS,City Council deems that it is the best interest of the City and citizens to renew the business incentives agreement for an intern program between the Type A Corporation and TAMU-CC; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the renewal of the small business incentives agreement for business development between the Type A Corporation and TAMU-CC for an intern program within the City of Corpus Christi, in the form attached to this resolution, is approved. This resolution takes effect upon City Council approval on this the _____ day of ___________________, 2018. Page 2 of 2 @BCL@C00C7C54.docx ATTEST:THE CITY OF CORPUS CHRISTI _________________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas _________ of ___________________, _______ The above resolution was passed by the following vote: Joe McComb ______________ Rudy Garza ______________ Paulette Guajardo ______________ Michael Hunter ______________ Debbie Lindsey-Opel ______________ Ben Molina ______________ Everett Roy ______________ Lucy Rubio ______________ Greg Smith ______________ DATE:October 16, 2018 TO:Keith Selman, Interim City Manager FROM:Mike Culbertson (361) 882-7448 mculbertson@ccredc.com CAPTION: Resolution approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund, Inc. to provide a grant up to $250,000. PURPOSE: Approve a Type A Grant for LiftFund for their loan buy-down program for fiscal year 2019 BACKGROUND AND FINDINGS: LiftFund, Inc. supports small and start-up companies with a loan interest buy-down program when traditional financing is not available. Type A has provided funding since 2004. LiftFund has loaned over $7 million of their own funds and has assisted over 250 small businesses in the city since the inception of this program. The Board of Directors of the Corpus Christi Regional Economic Development Corporation recommended approval during their September 11, 2018 meeting. The Type A Board approved the grant at their September 17, 2018 meeting. The current agreement will buy down the interest to 5.5%. LiftFund asked that the interest could be bought down to 0% for those businesses that take out loans to deal with Hurricane Harvey damage. ALTERNATIVES: Enlist local banks to lend to small businesses. However to qualify for this program, small businesses must have been turned down for a bank loan. Additionally local banks already participate in the Small Business Administration (SBA) loan program. OTHER CONSIDERATIONS: By helping small businesses the City is increasing the economic development and growing Renewal of Type A Grant for LiftFund, Inc. AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting of November 27, 2018 future jobs. CONFORMITY TO CITY POLICY: This project is consistent with the City’s stated goals of promoting economic development and assisting small businesses thrive in Corpus Christi. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: 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 703,500 703,500 Encumbered / Expended Amount 0 0 This item 250,000 250,000 BALANCE 453,500 453,500 Fund: 1140 Business Job Development (Type A) Comments: Org 15020 Small Business Projects RECOMMENDATION: Staff recommends approval of an agreement for LiftFund for $250,000 for the fiscal year 2019. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Page 1 of 2 @BCL@C00C5388.docx RESOLUTION Approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and LiftFund, Inc. to provide a grant up to $250,000. WHEREAS,the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS,the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from LiftFund for a loan buy-down program within the City will best satisfy this goal; WHEREAS,City Council deems that it is the best interest of the City and citizens to renew the business incentives agreement for a loan buy-down program between the Type A Corporation and LiftFund; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the renewal of the business incentives agreement for business development between the Type A Corporation and LiftFund for a loan buy-down program within the City of Corpus Christi, which agreement is attached to this resolution, is approved. This resolution takes effect upon City Council approval on this the _____ day of ___________________, 2018. Page 2 of 2 @BCL@C00C5388.docx ATTEST:THE CITY OF CORPUS CHRISTI _________________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas _________ of ___________________, _______ The above resolution was passed by the following vote: Joe McComb ______________ Rudy Garza ______________ Paulette Guajardo ______________ Michael Hunter ______________ Debbie Lindsey-Opel ______________ Ben Molina ______________ Everett Roy ______________ Lucy Rubio ______________ Greg Smith ______________ Renewal Small Business Incentive Agreement Between Corpus Christi Business and Job Development Corporation and LiftFund, Inc. Renewal No.: 1 Date: September 17, 2018 The Corpus Christi Business and Job Development Corporation hereinafter referred to as the Corporation, and LiftFund, Inc., San Antonio, Texas, hereinafter referred to as the LiftFund, do hereby make and enter into this Renewal No. 1 of the Small Business Incentive Agreement ("Renewal") which, together with the Small Business Incentive Agreement, which was approved by City Council on October 10, 2017, and all other duly executed amendments, constitutes the entire agreement under the above -referenced agreement between the Corporation and LiftFund. This Renewal is to exercise the first one-year option provided for in section 2 of the agreement. The Term of this renewal option is October 1, 2018 through September 30, 2019. The maximum amount of the grant for this Renewal will not exceed $250,000 as shown in section 4.vi. of the agreement. The Corporation and LiftFund agree to and shall abide by all terms and conditions of the original agreement and any amendments thereto, to the extent they are not in conflict with the terms of this Renewal. 0 Ja i =arre a tatric; Scott Harris Date President and CEO President LiftFund, Inc. Corpus Christi Business and Job Development Corporation APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attorney for Corporation DATE:October 16, 2018 TO:Keith Selman, Interim City Manager FROM:Mike Culbertson (361) 882-7448 mculbertson@ccredc.com CAPTION: Resolution approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant up to $52,600. PURPOSE: Approve a Type A Grant for SCORE for their small business support program for fiscal year 2019 BACKGROUND AND FINDINGS: SCORE has been aiding small businesses in Corpus Christi through their outreach by holding workshops on various subjects of use to the small business owner, and by providing counseling through face to face meetings and through emails. SCORE will have a contractor to coordinate the workshops and the advertising for these workshops. They have helped over 2,000 small businesses in the city each year for the past three years. SCORE has received funding since 2008. The Board approved the Small Business Assistance budget in June that included this program. The Board asked that SCORE record the number of unique business contacts in the future and that requirement has been added. The Board of Directors of the Corpus Christi Regional Economic Development Corporation recommended approval during their September 11, 2018 meeting. The Type A Board approved this grant at their September 17, 2018 meeting. ALTERNATIVES: The Council may choose to not fund the program or fund it at a different amount. OTHER CONSIDERATIONS: Renewal of a Type A Grant for Service Corps of Retired Executives (SCORE) Chapter 221 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting of November 27, 2018 Not applicable CONFORMITY TO CITY POLICY: This project is consistent with the City’s stated goals of promoting economic development and helping small businesses thrive in Corpus Christi. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: 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 703,500 703,500 Encumbered / Expended Amount 0 0 This item 52,600 52,600 BALANCE 650,900 650,900 Fund: 1140 Business Job Development (Type A) Comments: Org 15020 Small Business Projects RECOMMENDATION: Staff recommends approval of an agreement for SCORE for $52,600 for the fiscal year 2019. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Page 1 of 2 @BCL@C00C9D5F.docx RESOLUTION Approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives (SCORE) Chapter 221 to provide a grant up to $52,600. WHEREAS,the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS,the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from SCORE for their small business assistance program within the City will best satisfy this goal; WHEREAS,City Council deems that it is the best interest of the City and citizens to renew the business incentives agreement for an intern program between the Type A Corporation and SCORE; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the renewal of the business incentives agreement for business development between the Type A Corporation and SCORE for a small business assistance program within the City of Corpus Christi, which agreement is attached to this resolution, is approved. This resolution takes effect upon City Council approval on this the _____ day of ___________________, 2018. Page 2 of 2 @BCL@C00C9D5F.docx ATTEST:THE CITY OF CORPUS CHRISTI _________________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas _________ of ___________________, _______ The above resolution was passed by the following vote: Mayor McComb ______________ Rudy Garza ______________ Paulette Guajardo ______________ Michael Hunter ______________ Debbie Lindsey-Opel ______________ Ben Molina ______________ Everett Roy ______________ Lucy Rubio ______________ Greg Smith ______________ Renewal Small Business Incentive Agreement Between Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives Chapter 221 Renewal No.: 1 Date: September 17. 2018 The Corpus Christi Business and Job Development Corporation hereinafter referred to as the Corporation, and Service Corps of Retired Executives Chapter 221, hereinafter referred to as SCORE, do hereby make and enter into this Renewal No. 1 of the Small Business Incentive Agreement ("Renewal") which, together with the Small Business Incentive Agreement, which was approved by City Council on October 10, 2017, and all other duly executed amendments, constitutes the entire agreement under the above -referenced agreement between the Corporation and SCORE. This Renewal is to exercise the first one-year option provided for in section 2.b. of the agreement. The Term of this renewal option is October 1, 2018 through September 30, 2019. The second sentence of the first bullet point in section 3 of the agreement is amended to replace it with the following sentence: "The total reimbursement for the term will not exceed $54,000." The Corporation and SCORE agree to and shall abide by all terms and conditions of the original agreement and any amendments thereto, to the extent they are not in conflict with the terms of this Renewal. 4i& t� 9� /2D/6 Debbie Fern ndez Date President Service Corps of Retired Executives Chapter 221 Scott Harris Date President Corpus Christi Business and Job Development Corporation APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attorney for Corporation Renewal Small Business Incentive Agreement Between Corpus Christi Business and Job Development Corporation and Service Corps of Retired Executives Chapter 221 Renewal No.: 1 Date: September 17, 2018 The Corpus Christi Business and Job Development Corporation hereinafter referred to as the Corporation, and Service Corps of Retired Executives Chapter 221, hereinafter referred to as SCORE, do hereby make and enter into this Renewal No. 1 of the Small Business Incentive Agreement ("Renewal") which, together with the Small Business Incentive Agreement, which was approved by City Council on October 10, 2017, and all other duly executed amendments, constitutes the entire agreement under the above -referenced agreement between the Corporation and SCORE. This Renewal is to exercise the first one-year option provided for in section 2.b. of the agreement. The Term of this renewal option is October 1, 2018 through September 30, 2019. The second sentence of the first bullet point in section 3 of the agreement is amended to replace it with the following sentence: "The total reimbursement for the term will not exceed $54,000." The Corporation and SCORE agree to and shall abide by all terms and conditions of the original agreement and any amendments thereto, to the extent they are not in conflict with the terms of this Renewal. '149� 4 /2°1 $ De • • ie Fernandez pate Scott Harris Date President President Service Corps of Retired Executives Corpus Christi Business and Job Chapter 221 Development Corporation APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attorney for Corporation DATE:October 17, 2018 TO:Keith Selman, Interim City Manager FROM:Mike Culbertson (361) 882-7448 mculbertson@ccredc.com CAPTION: Resolution approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide a grant up to $99,500 for their Procurement Technical Assistance Center. PURPOSE: Approve a Type A Grant for Del Mar for their Procurement Technical Assistance Center (PTAC) program for calendar year 2019 BACKGROUND AND FINDINGS: PTAC is located at the Del Mar College campus on Staples inside of the Small Business Development Center. PTAC has been counseling small businesses in the area of government procurement. PTAC educates these businesses on the requirements of government procurement, helps them get certified to qualify to bid on contracts, and gives them access to a portal to find these contracts. PTAC was instrumental in working with CCAD to engage small tool and die shops to bid on specialty tool orders from CCAD. PTAC is asking for $99,500 to hire a full-time person to help in the PTAC planning room. PTAC has been funded since 2014. The Board has funded PTAC since 2012. During that time PTAC has helped 276 companies. These companies have been awarded $21,904,800 in orders and they have also added 125 fulltime employees. The Board of Directors of the Corpus Christi regional Economic Development Corporation recommended approval during their September 11, 2018 meeting. The Type A Board approved the grant at their September 17, 2018 meeting. ALTERNATIVES: The Council may choose to not fund the program or fund it at a different amount. OTHER CONSIDERATIONS: Renewal of a Type A Grant Del Mar PTAC Program AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting of November 27, 2018 Not applicable CONFORMITY TO CITY POLICY: This project is consistent with the City’s stated goals of promoting economic development and helping small businesses thrive in Corpus Christi. EMERGENCY / NON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: 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 703,500 703,500 Encumbered / Expended Amount 0 0 This item 99,500 99,500 BALANCE 604,000 604,000 Fund: 1140 Business Job Development (Type A) Comments: Org 15020 Small Business Projects RECOMMENDATION: Staff recommends approval of an agreement for PTAC for $99,500 for the calendar year 2019. LIST OF SUPPORTING DOCUMENTS: Resolution Agreement Page 1 of 2 @BCL@C00CF8A4.docx RESOLUTION Approving the renewal of the Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College to provide a grant up to $99,500 for their Procurement Technical Assistance Center. WHEREAS,the Corpus Christi Business and Job Development Corporation ("Type A Corporation") has budgeted funds to assist businesses create or retain jobs in the City of Corpus Christi, Texas ("City"). WHEREAS,the Type A Corporation has requested proposals from businesses that will create or retain jobs within the City, and determined that the proposal from Del Mar for their Procurement Technical Assistance Center (“PTAC”) program within the City will best satisfy this goal; WHEREAS,City Council deems that it is the best interest of the City and citizens to renew the business incentives agreement for a PTAC program between the Type A Corporation and Del Mar; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the renewal of the business incentives agreement for business development between the Type A Corporation and Del Mar for their PTAC program within the City of Corpus Christi, which agreement is attached to this resolution, is approved. This resolution takes effect upon City Council approval on this the _____ day of ___________________, 2018. Page 2 of 2 @BCL@C00CF8A4.docx ATTEST:THE CITY OF CORPUS CHRISTI _________________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas _________ of ___________________, _______ The above resolution was passed by the following vote: Joe McComb ______________ Rudy Garza ______________ Paulette Guajardo ______________ Michael Hunter ______________ Debbie Lindsey-Opel ______________ Ben Molina ______________ Everett Roy ______________ Lucy Rubio ______________ Greg Smith ______________ Renewal Small Business Incentive Agreement Between Corpus Christi Business and Job Development Corporation and Del Mar College's Procurement Technical Assistance Center Renewal No.: 1 Date: September 17, 2018 The Corpus Christi Business and Job Development Corporation hereinafter referred to as the Corporation, and Del Mar College, hereinafter referred to as Del Mar, do hereby make and enter into this Renewal No. 1 of the Small Business Incentive Agreement ("Renewal") which, together with the Small Business Incentive Agreement, which was approved by City Council on October 10, 2017, and all other duly executed amendments, constitutes the entire agreement under the above-referenced agreement between the Corporation and Del Mar. This Renewal is to exercise the first one-year option provided for in section 2.b. of the agreement. The Term of this renewal option is January 1, 2019 through December 31, 2019. The section 3 of the agreement is amended to replace it with the following: "3. Performance Requirements and Grants. Del Mar shall educate small businesses on the requirements of government procurement, help them get certified to qualify to bid on contracts, and give them access to a portal to find these contracts. The annual grant shall not to exceed $99,500. The Corporation will pay the grant to Del Mar as invoices are received. Del Mar will display signage that states that they are recipients of Type A funding. This signage will be provided to Del Mar by the Board and will be displayed in a location that is visible to a visitor to their facility." The Corporation and Del Mar agree to and shall abide by all terms and conditions of the original agreement and any amendments thereto, to the extent they are not in conflict with the terms of this Renewal. ft-, . ---4(0-/Y Dr. MaFk E scamilla Date Scott Harris Date President President Del Mar College Corpus Christi Business and Job Development Corporation APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attorney for Corporation DATE:September 20, 2018 TO:Keith Selman, Interim City Manager FROM:Tom Tagliabue, Director, Intergovernmental Relations tomtag@cctexas.com 361.826.3850 Tammy Kelch Embrey, Director, Intergovernmental Relations tammye@cctexas.com 361.826.3622 CAPTION: Resolution Adopting the City of Corpus Christi’s State Legislative Priorities for the 86th Texas Legislature and Federal Legislative Priorities for the 116h U.S. Congress PURPOSE: The City Council regularly adopts a legislative agenda prior to a new state and federal legislative session convening. The resolution identifies the policy and appropriations priorities of the City Council for the 86 th Regular Session of the Texas Legislature, which runs from January 8, 2019, until May 27, 2019, and the 116th United States Congress, which convenes on January 3, 2019 until January 3, 2021 (two annual sessions). BACKGROUND AND FINDINGS: The City’s General State Legislative Policy (below) is used to guide the City’s contract lobbyists and the Intergovernmental Relations Department in evaluating state and federal legislative proposals not covered by the City’s specific legislative policy initiatives. Adopting the City of Corpus Christi’s State Legislative Agenda for the 85th Texas Legislature and Adopting the City of Corpus Christi’s Federal Legislative Agenda for the 116th United States Congress AGENDA MEMORANDUM Future Item for the City Council Meeting of November 13, 2018 Action Item for the City Council Meeting of November 27, 2018 General State Legislative Policy The City SUPPORTS legislation and/or administrative actions that: The City OPPOSES legislation and/or administrative actions that: Protect and enhance City revenues.Undermine the principle of home rule and local control by the City. Reduces or eliminates costs to the City.Results in the loss of revenue or negatively impacts potential revenue growth to the City. Supports local control.Diminishes the authority of cities to regulate and manage their growth and development. Protects policies previously established by City leadership through the Charter, ordinances, resolutions, and master plans. Nullifies or undermines the City’s policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City’s ability to manage its own affairs. Provides increased educational opportunities and job creation/retention for the citizens of Corpus Christi and the Coastal Bend region through the Port of Corpus Christi authority, public schools, community colleges and universities Imposes unfunded mandates that requires any expenditures by the City unless all costs are fully reimbursed by the mandating governmental entity. The City’s IGR Department identified three levels of importance on state legislative issues, which the City Council selects for each of the state appropriations or policy recommendations. Priority – means the City will actively pursue and support/oppose the policy, including, if necessary, seeking introduction and passage of legislation. This would include purely local Corpus Christi bills, as well as very important legislation of statewide application. Actively Support/Oppose – means the City will aggressively attempt to influence passage/defeat of a measure if it is introduced by some other entity. Endorse – means the City will make its support or opposition known, but will not actively pursue the issue. ALTERNATIVES: The Council can choose to: 1. Adopt the resolutions. 2. Not adopt the resolutions. 3. Make revisions to the resolutions. OTHER CONSIDERATIONS: Additional legislative priority items may be presented to Council in the future as topics and circumstances warrant. CONFORMITY TO CITY POLICY: n/a EMERGENCY / NON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: (if applicable – list departments and/or boards and commissions that reviewed because they were impacted by action) 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:None RECOMMENDATION: Staff recommends adoption of the resolutions. LIST OF SUPPORTING DOCUMENTS: Presentation Resolution Page 1 of 10 Resolution Adopting the City of Corpus Christi’s State Legislative Priorities for the 86 th Texas Legislature and Federal Legislative Priorities for the 116 th U.S. Congress WHEREAS, the 86th Regular Session of the Texas Legislature will convene on January 8, 2017 for 140 days; and WHEREAS,the 116th United States Congress will convene on January 3, 2019 for two annual sessions and is scheduled to adjourn on January 3, 2021; and WHEREAS,the City of Corpus Christi, its residents, businesses, industry, governments, agencies and institutions benefit significantly from federal and state government agency programs and services provided in the community and are greatly impacted by legislative activities; and WHEREAS, Every state legislative session and congress, thousands of bills are filed and many have the potential to either directly or indirectly impact the City of Corpus Christi (City), its programs and services, its citizens, the tax base, and community needs; and WHEREAS,The City’s Intergovernmental Relations (IGR) Department is responsible for monitoring state and federal governmental activities, developing legislative priorities approved by City Council, managing the City’s legislative consultants at Focused Advocacy in Austin, TX, and Meyers & Associates, LLC, in Washington, D.C., and coordinating legislative activities with other public and private sector entities and municipal advocacy organizations; and WHEREAS, to be successful, this ever-evolving business environment requires close contact and constant communication with legislative leadership, external legislative consultants, national and statewide municipal advocacy organizations, national and statewide partners, community leadership, and community stakeholders. WHEREAS, it is necessary to provide guidance for the City’s officers and representatives in conducting the City’s state and federal legislative efforts and relations; Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1.The City Council generally SUPPORTS federal and state legislation and/or administrative actions that: Protects policies previously established by City leadership through Charter, ordinances, resolutions and master plans Furthers local control; Protect and enhance City revenues; Reduce or eliminates costs to the City; and Page 2 of 10 Provides increased educational opportunities and job creation/retention for the citizens of Corpus Christi and the Coastal Bend region through the Port of Corpus Christi authority, public schools, community colleges and universities. SECTION 2.The City Council generally OPPOSES federal and state legislation and/or administrative actions that: Nullify or undermine the City’s policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City’s ability to manage its own affairs; Diminishes the authority of cities to regulate and manage their growth and development; Imposes unfunded mandates that requires any expenditures by the City unless all costs are fully reimbursed by the mandating governmental entity Undermine the principle of home rule and local control by the City; and Results in the loss of revenue or negatively impacts potential revenue growth to the City; SECTION 3.The City Council adopts the following policy issues as its federal legislative agenda for the two annual sessions of the 116 th Congress: A. FEDERAL PRIORITIES To protect the investment made by taxpayers over the past 76 years, support adequate funding from the U.S. Department of Defense for the vital military missions and national security value of Naval Air Station Corpus Christi, Naval Air Station Kingsville, the Corpus Christi Army Depot, the United States Coast Guard and all tenant commands located at NASCC, including active duty and civilian personnel, training, equipment, maintenance of aging facilities and infrastructure and new construction of necessary facilities and infrastructure to ensure force readiness. Support elimination of the Production Tax Credit for wind farm developments within close proximity of a military installation and flight training routes. Oppose definitions or procedural changes or practices at the Department of Defense which would result in reduced workload at military depots such as CCAD. Oppose pre-emption by federal agencies which nullify or undermine the policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, specifically the Federal Communications Commission’s (FCC) proposed regulatory overreach on small cell telecommunication deployment and FCC’s new rules that will significantly reduce cable franchise fees and impact Public, Educational and Government (PEG) channels. Protect existing tax-exempt status of municipal bonds (private activity bonds and advance refunding bonds) in any tax reform legislation. Page 3 of 10 Prohibit redefining “Waters of the United States”. Prevents the Army Corps of Engineers and the Environmental Protection Agency from expands the definition of which surface waters and wetlands are subject to the Clean Water Act’s regulatory requirements and protection. Support the passage of the Water Quality Improvement Act, which deals with Integrated Planning and Affordability for wastewater and stormwater mandates. It’s provisions include: Establishes a two-prong test that a Clean Water Act requirement is both technically achievable and economically affordable. Defines a trigger to enter into discussions on Integrated Planning when 20% of a community’s population spend more than 2 percent of their income on water and wastewater costs. When this happens, a city is eligible to work with EPA to develop a comprehensive or integrated plan that prioritizes spending on requirements that protect public health and the environment. Allows 10-year permits. Reconfirms that Use Attainability and Variances are available tools and already in the law. B. ACTIVELY SUPPORT Preserving the funding levels of $490million for congregate meals, $246 million for home- delivered meals, and Preserving funding levels for all other aging services programs, including Senior Community Service Employment Program at $400 million. Support adequate funding for the U.S. Census Bureau to ensure accurate population count for 2020 Census. Support adequate funding for the U.S. Department of Housing and Urban Development (HUD) for Community Development Block Grant, HOME, and Homeless Assistance programs. Support a federal infrastructure program, including full funding for the Highway Trust Fund, which promotes investment in highways, rail, waterways, utilities, and technology without requiring excessive local debt and additional unfunded mandates. C. ACTIVELY OPPOSE Oppose any actions that would increase barriers to trade, such as tariffs on intermediate goods. Oppose any barriers that would prevent Coastal Bend businesses and industries from staying competitive in a global economy and result in a net loss for the economic health of our regions, state, and country. Page 4 of 10 Oppose the elimination of the Office of Economic Adjustment (OEA), which is the only means for the Department of Defense (DoD) to directly support civilian activities that, in turn, provide direct value and savings to the warfighter by allowing DoD to reduce costs by shedding excess infrastructure, engaging a more resilient supply chain and competitive defense manufacturing sector, and enhancing the lethality of our assets through joint land useplanning. SECTION 4. ENDORSEMENTS.The City Council endorses the federal legislative priorities and recommendations of affiliate professional, trade, community and services organizations in which the City, its elected officials, and/or staff in their official capacity are members of or serve on the boards of directors, when those policy recommendations are aligned with the mission of the City and are not in conflict with a specific policy adopted by the City Council. Those entities may include, but are not limited to: United States Conference of Mayors National League of Cities National Community Development Association National Association of Nutrition and Aging Services Alliance for Interstate 69 Texas Association of Defense Communities Army Aviation Association of America Coalition for Sustainable Flood Insurance American Planning Association United Corpus Christi Chamber of Commerce South Texas Military Facilities Task Force Corpus Christi Convention and Visitors Bureau Del Mar College Texas A&M University Corpus Christi Texas A&M University Kingsville Workforce Solutions of the Coastal Bend Corpus Christi Housing Authority Corpus Christi Economic Development Corporation Coastal Bend Council of Governments National Association of Telecommunications Officers and Advisors (NATOA) SECTION 5.The City Council adopts the following policy issues as its agenda for the 86th Regular Session and any potential Special Called Sessions of the Texas Legislature. A.STATE PRIORITIES: Preserving Local Decision-Making The City strongly supports the principles of local decision-making from residents, stakeholders and local elected officials who are most directly responsive to their neighbors. The City opposes undermining the principle of home rule and local control, and opposes legislation that diminishes the authority of cities to regulate and manage their growth and development. Page 5 of 10 Oppose State of Texas preemption of municipal authority in order to protect residential neighborhoods from activities that would degrade homeowner property values, and more specifically oppose eroding municipal authority related to development matters including annexation, eminent domain, land use planning and zoning, building codesand inspections, and tree preservation. The City strongly opposes legislation that undermines the authority of local elected officials to establish budgets and generate revenues through various authorized taxes, and user fees, to improve quality of life and secure the essential municipal services, personnel, facilities, and initiatives prioritized by local taxpayers. Oppose legislation that would erode the ability of a city to issue debt. Oppose legislation taking away local authority to draft bond and referendum ballot language and interjecting the State of Texas, an agency or statewide elected official into a local election process. Oppose state legislation that would erode the authority of a city to be adequately compensated for the use of its rights-of-way and/or erode municipal authority over the management and control of rights-of-way. Support for our Military Community and Installations The City supports legislation which protects the investments made by taxpayers in facilities, equipment, infrastructure, training of active duty and civilian personnel to fulfill the critical national security missions performed at military installations throughout Texas. Support Legislative Appropriations of at least $20 million for the Defense Economic Adjustment Assistance Grant (DEAAG) Program. Oppose legislation to offer local tax exemptions for wind energy developments in close proximity to military installations. Protect provisions from Senate Bill 277 (85 th Regular Session). Disaster Assistance and Emergency Management Reform Support appropriations from the Economic Stabilization Fund to assist local governments with recovery, mitigation, and resiliency projects following Hurricane Harvey or other natural disasters. Oppose proposed 10 percent rate hike from the Texas Windstorm Insurance Association (TWIA). Allow for a reasonable recovery period and finalization of covered claims before TWIA can propose premium increases on disaster-impacted communities. Environment Page 6 of 10 Support restoration of funding for air quality monitoring and mitigations projects to enable Corpus Christi to remain in compliance with federal Clean Air Standards. Nueces River Authority Support Sunset Commission recommendations for Nueces River Authority. Oppose proposal to allow Governor to appoint chair of the Nueces River Authority. Port of Corpus Christi Authority Oppose changes to the structure and makeup of the governing commission of the Port of Corpus Christi Authority. B.ACTIVELY SUPPORT Education and Economic Competitiveness Support increased educational opportunities and job creation/retention for the residents of Corpus Christi and the Coastal Bend region through the Corpus Christi Regional Economic Development Corporation, Port of Corpus Christi Authority, public schools, Del Mar College, Texas A&M University Corpus Christi (TAMUCC) and Texas A&M University Kingsville (TAMUK). The City supports an increase in the state’s share of public education, therefore reducing the property tax burden of local taxpayers, and updates to the state’s school funding system to include an increase in the basic allotment. Establish a well-funded pre-K-12 school finance system that: requires locally collected tax revenue for education stays in the education system; includes education for all children starting in pre-k; provides financial transparency and accountability to taxpayers for all education funds; explores additional revenue sources aligned with enhanced outcomes and efficiencies, and ensure student progress and post-secondary readiness with high levels of pre-K-12 academic rigor and accountability. The City supports enhanced formula and non-formula funding for Del Mar College, TAMUCC and TAMUK and authorizing Tuition Revenue Bonds for requested capital projects. Advance the Texas Higher Education Coordinating Board’s 60x30TX goals: improve the higher education funding system to incentivize quality, workforce readiness, and certificate and degree completion; Page 7 of 10 fully fund TEXAS grants, Tuition Equalization Grants and Jobs and Education for Texans (JET) grants; streamline the college credit transfer process towards quicker certificate and degree completion and reduced student debt; support the goal of all high school graduates completing at least 112 student credit hours of Dual Credit courses; Meet industry workforce needs through alignment and expansion of: trade and technical skills training, apprenticeships, internships, and work-based learning opportunities, along with funding for workforce Dual Credit programs, and Career and Technical Education (CTE) and industry-specific certifications and degrees Protecting economic development tools that attract new jobs and companies to Texas, including but not limited to the Skills Development Fund, CPRIT, Sales and Use Tax Exemptions, Enterprise and Tax Increment Financing Districts, the film incentive fund, and other statues related to economic development such as Chapters 311, 312, 380, and 381. Transportation Preserve the billions of dollars in new road and highway funding added by Proposition 1 and Proposition 7 funding and ensuring the deferred payment authorized under the 85th legislative session is paid in full. Protect the local prioritization of policies and funding for improved transportation and additional transit options. Utilize new project delivery tools to allow for innovative and smart infrastructure financing and the use of innovative technologies that would not further obligate state funds. Develop roads and rail, as part of an integrated, multi-modal transportation network to maximize our state’s capacity to move people, goods and services throughout the state. Tourism Support retention of full State tourism funding. Positive changes to local Hotel Occupancy Tax Laws to include expansion of sporting facilities category to include additional sports activities; requiring communities to complete a financial feasibility study and statutory compliance review prior to pursuit of new or expanded convention center projects; clarifying the “primary usage” test for convention center funding regarding conventions and meetings that directly promote hotel activity and, clarifying state venue tax law to make the statutory wording consistent with legislative intent regarding “other facilities” as they pertain to convention center facilities. Page 8 of 10 Support $5 million Exceptional Item Request of Texas Commission on the Arts for new Cultural District designations. Affordable Housing The City supports legislation that allows for flexible and innovative solutions to create local funding options to increase the supply of affordable housing for low to moderate income families. C.ACTIVELY OPPOSE Education and Economic Competitiveness Oppose legislation that would limit the authority of Type A or Type B economic development corporations statewide. Oppose legislation that would limit or eliminate the current flexibility of the Major Events Reimbursement Program as a tool for cities to attract or host major events and conventions. Oppose proposals to use local Hotel Occupancy Taxes for non-tourism purposes. SECTION 6. ENDORSEMENTS.The City of Corpus Christi will coordinate with the following local stakeholders to endorse legislative priorities to promote the overall health and prosperity of the Coastal Bend region, provided they do not conflict with the City’s own legislative agenda. These entities may include, but not be limited to: United Corpus Christi Chamber of Commerce South Texas Military Facilities Task Force Corpus Christi Convention and Visitors Bureau Del Mar College Texas A&M University Corpus Christi Texas A&M University Kingsville Corpus Christi Regional Transportation Authority Corpus Christi Regional Economic Development Corporation Workforce Solutions of the Coastal Bend Corpus Christi Housing Authority Coastal Bend Council of Governments United Way of the Coastal Bend The following municipal advocacy or professional associations will adopt legislative priorities, which the City of Corpus Christi may endorse during the session, provided they do not conflict with the City’s own legislative agenda. These entities may include, but not be limited to: Texas Municipal League (TML) Texas Mayors of Military Communities (TMMC) Page 9 of 10 Texas Police Chiefs Association Texas Fire Chiefs Association Texas Court Clerks Association (TCCA) Texas Municipal Courts Association Texas Court Clerks Association Texas Association of Municipal Information Officers (TAMIO) Texas Chapter American Planning Association Texas Coalition for Affordable Power (TCAP) Transportation Advocates of Texas (TAOT) Alliance for Interstate 69 Texas Texas Water Conservation Association (TWCA) Lone Star Chapter of the Solid Waste Association of North America (TXSWANA) Texas Chapter of American Shore and Beach Preservation Association (TXASBPA) Water Environment Association of Texas (WEAT) Texas Society of Certified Public Accountants Government Finance Officers Association of Texas (GFOAT) The following state agencies may adopt legislative priorities, which the City of Corpus Christi may endorse during the session, provided they do not conflict with the City’s own legislative agenda. These entities may include, but not be limited to: Texas Municipal Retirement System (TMRS) Texas Workforce Commission SECTION 7.The Legislative Priorities remainin effect until amended by the City Council. SECTION 8. The City Manager is directed to distribute these Federal and State Legislative Priorities to the local legislative delegation, legislative leadership, external legislative consultants, municipal advocacy organizations, federal and state municipal partners, community leadership, and community stakeholders to solicit their advice and support. This resolution takes effect upon City Council approval on this the ______________ day of _________________, 2018. ATTEST:THE CITY OF CORPUS CHRISTI _________________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas _______________of _______________, 2018 Page 10 of 10 The above resolution was passed by the following vote: Joe McComb __________ Everett Roy ___________ Ben Molina ___________ Vacant ___________ Greg Smith ___________ Rudy Garza, Jr.___________ Paulette Guajardo ___________ Michael Hunter ___________ Debbie Lindsey-Opel ___________ Council Presentation November 13, 2018 Legislative Priorities 116th United States Congress And 86th Texas Legislature 1 2 General Legislative Policy The City SUPPORTS state and federal legislation and/or administrative actions that: The City OPPOSES state and federal legislation and/or administrative actions that: Protects policies previously established by City leadership through the Charter, ordinances, resolutions, and master plans. Nullifies or undermines the City’s policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City’s ability to manage its own affairs. Supports local control.Diminishes the authority of cities to regulate and manage their growth and development. Protect and enhance City revenues.Imposes unfunded mandates that requires any expenditures by the City unless all costs are fully reimbursed by the mandating governmental entity. Reduces or eliminates costs to the City.Undermine the principle of home rule and local control by the City. Provides increased educational opportunities and job creation/retention for the citizens of Corpus Christi and the Coastal Bend region through the Port of Corpus Christi authority, public schools, community colleges and universities. Results in the loss of revenue or negatively impacts potential revenue growth to the City. 3 Levels of Activity PRIORITY – will actively pursue and support/oppose the policy, including, if necessary, seeking introduction and passage of legislation. This would include purely local Corpus Christi bills and very important legislation of statewide application. ACTIVELY SUPPORT/OPPOSE – will aggressively attempt to influence passage/defeat of a measure if it is introduced by some other entity. ENDORSE – will make its support or opposition known, but will not actively pursue the issue. 4 Measurements of Success SUCCESSFUL OUTCOME could involve passage of legislation, defeat of legislation, no legislation being filed, or funding for a particular program supported by the City. PARTIALLY SUCCESSFUL OUTCOME could mean passage of legislation, but no funding to implement or it could mean legislation with provisions the City supports, but contains several provisions the City might not support. UNSUCCESSFUL OUTCOME could mean passage of legislation the City opposed, defeat of legislation the City supported, no legislation being filed, or reduced or no funding for a particular program supported by the City. 5 Contract Lobby Team Larry Meyers Meyers & Associates, Washington, D.C. Brandon Aghamalian, Curtis Seidlits, Snapper Carr Focused Advocacy, Austin, TX 6 Federal Legislative Priorities Support adequate funding from the U.S. Department of Defense for the vital military missions and national security value of local installations, including active duty and civilian personnel, training, equipment, maintenance of aging facilities and infrastructure and new construction of necessary facilities and infrastructure to ensure force readiness. Support elimination of the Production Tax Credit for wind farm developments within close proximity of a military installation and flight training routes. Oppose definitions or procedural changes or practices at the Department of Defense which would result in reduced workload at military depots such as CCAD. 7 Federal Legislative Priorities Oppose pre-emption by federal agencies which nullify or undermine the policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans. Protect existing tax-exempt status of municipal bonds (private activity bonds and advance refunding bonds) in any tax reform legislation. Prohibit redefining “Waters of the United States”. Prevents the Army Corps of Engineers and the Environmental Protection Agency from expanding the definition of surface waters and wetlands to be subject to the Clean Water Act. 8 Federal Legislative Priorities Support the passage of the Water Quality Improvement Act, which deals with Integrated Planning and Affordability for wastewater and stormwater mandates. • Establishes a two-prong test that a Clean Water Act requirement is both technically achievable and economically affordable. • Defines a trigger to enter into discussions on Integrated Planning when 20% of a community’s population spend more than two percent (2%) of their income on water and wastewater costs. A city becomes eligible to work with EPA to develop a plan that prioritizes spending on requirements that protect public health and the environment. • Allows 10 year permits. • Reconfirms Use Attainability and Variances are available tools already in law. 9 Federal Legislative Priorities ACTIVELY SUPPORT Preserve the funding levels for congregate meals and home-delivered meals and all other aging services programs. Support adequate funding for the U.S. Census Bureau for 2020 Census. Support adequate funding for the U.S. Department of Housing and Urban Development for Community Development Block Grant, HOME, and Homeless Assistance programs. Support a federal infrastructure program, which promotes investment in highways, rail, waterways, utilities, and technology without requiring excessive local debt and additional unfunded mandates. 10 Federal Legislative Priorities ACTIVELY OPPOSE Oppose any actions that would increase barriers to trade, such as tariffs on intermediate goods. Oppose the elimination of the Office of Economic Adjustment (OEA), which is the only means for the Department of Defense (DoD) to directly support civilian activities that, in turn, provide direct value and savings to the warfighter. 11 State Legislative Priorities PRESERVE LOCAL DECISION-MAKING Support the principles of local decision-making from residents, stakeholders and local elected officials who are most directly responsive to their neighbors. Oppose State of Texas preemption of municipal authority in order to protect residential neighborhoods from activities that would degrade homeowner property values, and more specifically oppose eroding municipal authority related to development matters. Oppose undermining the authority of local elected officials to establish budgets and generate revenues through various authorized taxes, and user fees, to improve quality of life and secure the essential municipal services, personnel, facilities, and initiatives prioritized by local taxpayers. 12 State Legislative Priorities Oppose legislation that would erode the ability of a city to issue debt. Oppose legislation taking away local authority to draft bond and referendum ballot language and interjecting the State of Texas, an agency or statewide elected official into a local election process. Oppose legislation that would erode the authority of a city to be adequately compensated for the use of its rights-of-way and/or erode municipal authority over the management and control of rights-of- way. 13 State Legislative Priorities SUPPORT FOR MILITARY COMMUNITY AND INSTALLATIONS Protect the investments made by taxpayers in facilities, equipment, infrastructure, training of active duty and civilian personnel to fulfill the critical national security missions performed at military installations throughout Texas. Support Legislative Appropriations of at least $20 million for the Defense Economic Adjustment Assistance Grant (DEAAG) Program. Oppose local tax exemptions for wind energy developments in close proximity to military installations. Protect provisions from Senate Bill 277 (85th Regular Session). 14 State Legislative Priorities DISASTER ASSISTANCE AND EMERGENCY MANAGEMENT REFORM Support appropriations from the Economic Stabilization Fund to assist local governments with recovery, mitigation, and resiliency projects following Hurricane Harvey or other natural disasters. Oppose proposed 10 percent rate hike from the Texas Windstorm Insurance Association (TWIA). Allow for a reasonable recovery period and finalization of covered claims before TWIA can propose premium increases on disaster- impacted communities. 15 State Legislative Priorities ENVIRONMENT Support restoration of funding for air quality monitoring and mitigations projects to enable Corpus Christi to remain in compliance with federal Clean Air Standards. NUECES RIVER AUTHORITY Support Sunset Commission recommendations for Nueces River Authority. Oppose proposal to allow Governor to appoint chair of the Nueces River Authority. PORT OF CORPUS CHRISTI AUTHORITY Oppose changes to the structure and makeup of the governing commission of the Port of Corpus Christi Authority. 16 State Legislative Priorities ACTIVELY SUPPORT - Education and Economic Competitiveness Support increased educational opportunities and job creation/retention for the residents of Corpus Christi and the Coastal Bend region. Support an increase in the state’s share of public education, reducing the property tax burden of local taxpayers, and an increase in the basic allotment. Establish a well-funded pre-K-12 school finance system. 17 State Legislative Priorities ACTIVELY SUPPORT - Education and Economic Competitiveness Support enhanced formula and non-formula funding for Del Mar College, TAMUCC and TAMUK and authorizing Tuition Revenue Bonds for requested capital projects. Advance the Texas Higher Education Coordinating Board’s 60x30TX goals. Meet industry workforce needs through trade and technical skills training, apprenticeships, internships, and work-based learning opportunities. Protect economic development tools that attract new jobs and companies to Texas. 18 State Legislative Priorities ACTIVELY SUPPORT - Transportation Preserve new road and highway funding added by Proposition 1 and Proposition 7 funding and ensure the deferred payment authorized by the 85th Texas Legislature is paid in full. Protect the local prioritization of policies and funding for improved transportation and additional transit options. Utilize new project delivery tools to allow for innovative and smart infrastructure financing. Develop roads and rail, as part of an integrated, multi-modal transportation network to maximize our state’s capacity to move people, goods and services throughout the state. 19 State Legislative Priorities ACTIVELY SUPPORT - Tourism Support retention of full State tourism funding and local Hotel Occupancy Tax changes proposed by Corpus Christi CVB. Support $5 million Exceptional Item Request of Texas Commission on the Arts for new Cultural District designations. Affordable Housing Support allowing flexible and innovative solutions to create local funding options to increase the supply of affordable housing for low to moderate income families. 20 State Legislative Priorities ACTIVELY OPPOSE - Education and Economic Competitiveness Oppose legislation that would limit the authority of Type A or Type B economic development corporations statewide. Oppose legislation that would limit or eliminate the current flexibility of the Major Events Reimbursement Program as a tool for cities to attract or host major events and conventions. Oppose proposals to use local Hotel Occupancy Taxes for non-tourism purposes. 21 Questions? Tammy Kelch Embrey Director, Intergovernmental Relations 361.826.3266 tammye@cctexas.com Tom Tagliabue Director, Intergovernmental Relations 361.826.3850 tomtag@cctexas.com AGENDA MEMORANDUM for the City Council Meeting of November 13, 2018 DATE:November 6, 2018 TO:Keith Selman, Interim City Manager FROM:Paulette Kluge, CEO, Convention & Visitor’s Bureau PKluge@visitcorpuschristitx.org 361-881-1877 UPDATE TO CITY COUNCIL Short Term Rentals STAFF PRESENTER(S): Name Title/Position Department 1. None OUTSIDE PRESENTER(S): Name Title/Position Organization 1.Justin R. Bragiel General Counsel Texas Hotel & Lodging Association 2.Paulette Kluge CEO Convention & Visitor’s Bureau BACKGROUND : At the January 16, 2018 City Council meeting, the Council heard item 18-0020 to rezone a property to allow for the operations of a bed and breakfast home. The applicant was running a business through Airbnb, a worldwide hospitality service that offers homestay lodging and tourism experiences. While the motion was denied, the following topics were discussed: whether the applicant and other Airbnb homes operating in the City are paying hotel occupancy taxes (HOT);exploring options to address bed and breakfast type businesses operating in the City; researching how other cities are addressing this issue and reaching out to state legislatures for support. The Convention and Visitor’s Bureau (CVB) received direction from the Mayor and the Assistant City Manager to create a task force to assist in answering questions posed. The CVB put together a task force and today’s presentation is intended to provide City Council with the results of this effort. LIST OF SUPPORTING DOCUMENTS: Power Point Presentation –(Not included) Memo to Interim City Manager November 3, 2018 To: Mr. Keith Selman Interim City Manager City of Corpus Christi, Texas From: Corpus Christi Short-Term Rental Taskforce Regarding: STR Taskforce report, findings, and recommendations for City staff and City Council regarding the current and future operation of residential short-term rental properties within the City of Corpus Christi. Mr. Selman, At the request of Mayor McComb and your office, the Corpus Christi Convention and Visitors Bureau (CVB) organized a taskforce to research, report, and provide recommendations for City staff and City Council regarding current and future operation of residential short-term rental (STR) properties within the City of Corpus Christi. This report and the attached draft STR ordinance represents the result of the STR Taskforce’s work to-date. The Taskforce looks forward to visiting with you, Mayor McComb, and City Council about its work. Respectfully, Justin Bragiel STR Taskforce Member General Counsel, Texas Hotel & Lodging Association Taskforce Draft document 1 Corpus Christi STR Taskforce Report October 31, 2018 This document is the Corpus Christi STR Taskforce report, findings, and recommendations for City staff, the Mayor, and City Council regarding current and future operation of residential short-term rental (STR) properties within the City of Corpus Christi. STR Definition: For purposes of its work, the STR Taskforce abided by the most commonly used and accepted definition of a short-term rental: A residential dwelling rented by the public for consideration, and used for dwelling, lodging, or sleeping purposes for any period less than thirty consecutive days. The term generally does not include traditional lodging establishments such as hotels, motels, or bed and breakfasts, all of which are permitted and zoned under existing law. STR Taskforce’s objective, scope of work, and composition: Recognizing a need to address STR activity in Corpus Christi, the Mayor McComb and the City Manager asked the Convention and Visitors Bureau to convene a group of citizens to research the issues related to STR operations within the City and provide recommendations for City staff and City Council regarding the current and future operation of residential STR properties within the City. The CVB solicited participation from members of the community representing various affected stakeholders. Participating on the STR Taskforce were Corpus Christi area neighborhood association members, STR operators, various hotel ownership representatives, city staff from planning and zoning, an assistant city attorney, the CVB director, and an expert advisor from the Texas Hotel & Lodging Association. The Taskforce also sought the participation of the local association of Realtors, but the real estate agents declined to participate. The following individuals and their affiliations participated in the STR Taskforce: Short Term Rental Task Force Members Alyssa Barrera Downtown Management District Deven Bhakta Hotel Owner Melody Nixon-Bice Hotel Manager/Corpus Christi Convention & Visitors Bureau Board Member Ed Cantu Corpus Christi Convention & Visitors Bureau Board Member Lisa Collard Citizen At-Large Mike Collard Citizen At-Large Toby Futrell Citizen At-Large James Gay Citizen At-Large Amy Grandberry Citizen At-Large Carry Robertson Meyer Citizen At-Large Taskforce Draft document 2 Advisory Short Term Rental Task Force Members Elvia Aguilar Corpus Christi Convention & Visitors Bureau Justin Bragiel Texas Hotel Lodging Association Buck Brice City of Corpus Christi Legal Department Keren Costanzo City of Corpus Christi Planning Department Andrew Dimas City of Corpus Christi Planning Department Paulette Kluge Corpus Christi Convention & Visitors Bureau Dan McGinn City of Corpus Christi Planning Department Arlene Medrano City of Corpus Christi Business Liaison Annika Yankee City of Corpus Christi Planning Department Ultimately, the STR Taskforce determined the scope of its work would include the following items: 1. Identify issues with the current state of STR operations in the City. 2. Evaluate how other cities in Texas are addressing STR activity. 3. Determine likely resident concerns regarding the operation of STRs in their neighborhoods. 4. Assess whether the City should amend its Unified Development Code (UDC) to allow for permitted STRs within residentially zoned areas of the City. 5. Determine whether to recommend the City adopt a STR permitting process. 6. Determine the specific recommendations for the permitting process. 7. Create a draft STR registration and regulation ordinance for the Mayor, City Council, and City staff to consider and make recommendations for further discussion and action on the STR issue. The STR issue in Corpus Christi: Residential short-term rental activity is experiencing massive growth throughout the U.S. While residential short-term rentals are not themselves new to cities, the increasing popularity and rise of STR listing platforms such as Airbnb and Homeaway caused more residential property owners to consider listing their properties as a short-term transient rental. Cities across the U.S., including in Texas, are passing or considering ordinances establishing regulations and standards for the operation of STR properties. Because each community has its own characteristics and citizen concerns, the scope of these ordinances range from basic operating rules and registration process for STRs all the way to outright prohibition of STR activity. Most ordinances establish operating rules and regulations for STR properties, a registration and permitting process, life-safety standards, neighborhood conduct requirements, a process for handling complaints against STR properties, and enforcement mechanisms. In Corpus Christi, the STR issue is complicated by the City’s current Unified Development Code (UDC). Under the UDC, generally, a residence located within a residentially zoned area may not rent the property for a period of time of less than 30 days without receiving special approval Taskforce Draft document 3 from the Zoning Board of Adjustment. At this time, there are no such STR properties that have received this special approval. There are some limited exceptions in which residential STR properties may operate within the City of Corpus Christi, such as within certain PUDs. Because of the UDC’s current limitations, many STR owners and operators are essentially prohibited from lawfully operating within a residential area of the City. At any given time, Airbnb lists hundreds of STR properties across Corpus Christi, many of which are operating in violation of the UDC. City enforcement staff are unable to enforce all such violations, leading to a lawless, underground market of STR activity in the City. The Taskforce notes that Corpus Christi’s approach to addressing the STR issue in the City must take a bifurcated path. The Taskforce’s conclusions and the attached draft ordinance only deal with regulation of STR operators. A revision of the UDC must be undertaken to legalize the operation of STR properties across the City. That UDC revision is beyond the scope of the Taskforce’s mission or ability, and the Taskforce respectfully recommends that the Mayor and City Council direct City staff to begin the process of revising the UDC to reflect the wishes of Council and residents. Hotel occupancy taxes: Under longstanding Texas law, short-term rentals (i.e. rentals of overnight accommodation of less than 30 consecutive days) are subject to state and local hotel occupancy taxes. Specifically, section 156.001(b) of the Texas Tax Code states, “(b) For purposes of the imposition of a hotel occupancy tax under this chapter, Chapter 351 or 352, or other law, "hotel" includes a short-term rental. In this subsection, "short- term rental" means the rental of all or part of a residential property to a person who is not a permanent resident under Section 156.101.”1 However, there is a clear tension between an STR property that is unauthorized to operate under the UDC, and city and state law requiring the collection and remittance of hotel occupancy taxes.2 STR ordinances in other Texas cities: The Corpus Christi STR Taskforce surveyed cities across Texas with STR ordinances in effect or under current consideration by city councils. The Taskforce’s goal was to consider the most workable and effective provisions in other communities and determine whether to recommend 1 See Tex. Tax Code § 156.001. 2 For background informational purposes, the Taskforce notes that Airbnb, but not HomeAway, entered into a voluntary collection agreement (VCA) with the Texas Comptroller in 2017. Under this VCA, Airbnb automatically remits state hotel occupancy tax revenues for every Airbnb STR rental transaction in the State of Texas. This VCA does not cover the collection of local hotel occupancy taxes, and the VCA does not affect the City of Corpus Christi’s collection of its hotel occupancy tax. Taskforce Draft document 4 the City of Corpus Christi insert that provision into its own ordinance. In total, the Taskforce considered STR ordinances from seven Texas communities.3 While the ordinances from other communities varied in detail, there were elements common to all of them. Each ordinance requires STR properties to obtain a permit from the city. Permit applications require the applicant to describe the property, provide the city with contact information of the responsible party, state the maximum occupancy and vehicle parking areas, provide proof of application to the city finance department for payment of hotel occupancy taxes, and make sworn statements as to the truthfulness of the application. Additionally, each ordinance provides varying descriptions of basic life-safety standards for STR units, as well as providing a means of handling neighborhood complaints about excessive noise, trash, etc. Of the ordinances the STR Taskforce evaluated, Austin’s ordinance and the San Antonio ordinance differentiated themselves from the rest in how those ordinances handled what are known as “Type 2” or non-owner-occupied STR properties. Notoriously, Austin’s ordinance creates a moratorium on permitting new Type 2 STR properties, with a total ban on all existing Type 2 properties taking effect in 2022. San Antonio’s STR ordinance, finally enacted just last week, creates a density limitation on Type 2 STR units to no more than 12.5% of each residential block-face. The STR Taskforce did not include a recommendation to differentiate between owner-occupied and non-owner occupied STR units in the attached draft ordinance. While the Taskforce expects this issue will become a part of the City Council discussion and will be the subject of future citizen input into the STR ordinance process, the Taskforce felt the owner-occupied issue needed consideration by a wider consortium of viewpoints. Ultimately, the Taskforce believes its draft ordinance represents the best and most workable ideas from other communities in Texas, while modeled to fit within Corpus Christi’s unique characteristics. 3 The Corpus Christi STR Taskforce surveyed ordinances from San Antonio, Austin, Port Aransas, South Padre Island, Galveston, and Fredericksburg. Taskforce Draft document 5 The STR Taskforce’s findings and recommendations: Below is the summary of all the STR Taskforce’s recommendations to the Mayor McComb, the City Manager, and City Council. Where applicable, the Taskforce notes items that warrant further investigation, discussion, and community input. The Taskforce is also including an executive summary of its draft STR Ordinance. Addressing the STR issue generally in Corpus Christi: The STR Taskforce recommends the City of Corpus Christi, 1) Adopt an ordinance establishing a permitting process for STRs, creating standards for STR operation, ensuring compliance with hotel occupancy tax law, and creating penalties for noncompliance with the STR ordinance. The City should seek the input of more neighborhood community members to determine whether to provide additional guidelines or restrictions on STRs, such as density of owner-occupied status of the property. And, 2) Amend the UDC to lawfully allow permitted STR activity in residentially zoned areas of the City. The Taskforce notes that Corpus Christi’s approach to addressing the STR issue in the City must take a bifurcated path. The Taskforce’s conclusions and the draft ordinance attached only deal with regulation of STR operators. A revision of the UDC must be undertaken to legalize the operation of STR properties across the City. That UDC revision is beyond the scope of the Taskforce’s mission or ability, and the Taskforce respectfully recommends that the Mayor and City Council direct City staff to begin the process of revising the UDC to reflect the wishes of Council and residents. Seek additional citizen and neighborhood group input in the ordinance discussion: As the Mayor, City Council, and City staff continue to debate an ordinance, the STR Taskforce recommends including additional neighborhood groups and neighborhoods in the discussion. While large and diverse, the Taskforce members represent only a small segment of areas of the City that would be affected by amending the UDC and implementing an STR ordinance. The Taskforce recommends seeking input from additional affected neighbors. Additional discussion should include items such as density or owner-occupied status limitations, additional parking or noise restrictions, and other neighborhood-specific concerns. Deed restrictions, homeowners’ association restrictive covenants, etc.: The Taskforce did not consider restrictions placed on STR activity via deed restrictions, homeowners’ associations restrictive covenants, or other similar private land use limitations. Recognizing the City’s limited ability or desire to affect such covenants, the Taskforce felt it was not germane to consider whether a property could be prohibited from or limited in engaging in Taskforce Draft document 6 STR activity by private action.4 The Taskforce’s draft STR ordinance contains a provision stating the ordinance does not create any right to operate a short-term rental in violation of any lease, license, deed restriction, covenant, easement, or other legal encumbrance. STR Taskforce’s draft STR ordinance, executive summary: The Taskforce is attaching its full draft ordinance. The following is a summary of selected provisions of the draft ordinance. 1.Defines a “short-term rental.” “Short-term rental” means a residential dwelling, including but not limited to, a single-family dwelling, multiple family attached dwelling, apartment house, condominium, duplex, mobile home, or any portion of such dwellings, rented by the public for consideration, and used for dwelling, lodging, or sleeping purposes for any period less than thirty consecutive days. A property classified as a hotel, bed and breakfast, extended-stay facility, or motel under the City of Corpus Christi Unified Development Code shall not be considered a short-term rental under this Article. 2.Permit required to operate an STR. All STR units operating in the City must apply for and obtain a valid City permit to operate an STR. 3.Sets permit application process and requirements. Applications require a fee (amount not set); list of all owners; description of available parking; sketch of floor plan; contact information for a 24-hour responsible party; written confirmation from the City Finance Department showing compliance and registration of hotel occupancy taxes; and a sworn, self-certification from the owner. 4.Allows the City to inspect an STR on a complaint or violation basis. 5.Requires basic life-safety standards. These life-safety standards include compliance will applicable fire and building codes; fire extinguishers, carbon monoxide and smoke detectors, evacuation plans, etc. 6.Requires the STR operator to post information in a conspicuous location certain information such as maximum occupancy, quiet hours, etc. 7.Creates an enforcement penalty for non-compliance. Violations may be criminal or civil, and may result in revocation of the STR permit. 8.Creates a revocation and appeals process. Conclusion: The STR Taskforce thanks the City of Corpus Christi for the opportunity to serve and advise the City on this important issue. We stand ready to offer further advice and consulting services as needed. 4 The Taskforce notes that in light of the Texas Supreme Court’s May 2018 decision in Tarr v. Timberwood Park, some area homeowners’ deed restrictions limiting STR activity may be invalid. This may create more interest in such communities desiring to participate in the STR ordinance discussion. DATE:November 6, 2018 TO:Keith Selman, Interim City Manager FROM:Kim Womack, Communication Director Kimw@cctexas.com (361) 826-3211 STAFF PRESENTER(S): Name Title/Position Department 1. James DeVisser Battalion Chief Fire 2. Travis Pace Senior Officer Police 3. Wesley Nebgen Assistant Director Utilities OUTSIDE PRESENTER(S): None BACKGROUND: Council member Ben Molina requested a presentation on the City drone program. Council member Michael Hunter added to the request to include any additional technology including the wastewater camera system. Staff will present example technology from Fire, Policy and Utilities. LIST OF SUPPORTING DOCUMENTS: PowerPoint – Drone Camera Technology (not included) Drone Camera Technology in City Operations AGENDA MEMORANDUM City Council Meeting of November 13, 2018