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HomeMy WebLinkAboutAgenda Packet City Council - 11/27/2018City of Corpus Christi Meeting Agenda - Final City Council 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Tuesday, November 27, 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 Mayor Joe McComb. C. Pledge of Allegiance to the Flag of the United States to be led by Gabriel Ramirez, Assistant Director of Water Quality and Treatment. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations / Commendations (NONE) F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. UTILITY BILLING UPDATE b. STRATEGIC FUTURE ISSUES c. CITY PERFORMANCE REPORT - POLICE DEPARTMENT City of Corpus Christi Page 1 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 d. OTHER G. MINUTES: 1. 18-1486 Regular Meeting of November 13, 2018. Attachments: Minutes - November 13, 2018 H. BOARD & COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. City of Corpus Christi Page 2 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 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 2 - 23) 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. 2. 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 3. 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 3 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 4. 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 5. 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 6. 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 7. 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 Price Sheet -Rotary Actuator - Beck 8. 18-1305 Supply Agreements for Hot Mix Asphaltic Concrete for Street City of Corpus Christi Page 4 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 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 9. 18-1322 Service Agreement Overhead Roll -Up Door Replacements (Requires 2/3 Vote) 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 10. 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 5 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 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 11. 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 12. 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 13. 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 14. 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 City of Corpus Christi Page 6 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 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. Attachments: Agenda Memo TAMU-CC.docx Resolution TAMU-CC.docx Renewal - TAMUCC Intern 09.10.18.pdf 15. 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 16. 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 17. 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 18. 18-1221 Second Reading Ordinance - Type B Grant for LaVista Pointe, LP (Requires 2/3 Vote) (1st Reading 11/13/18) 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 City of Corpus Christi Page 7 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 amending the budget. Attachments: Agenda Memo - LaVista.docx Ordinance - LaVista.docx LaVista Pointe Agreement.pdf LaVista Pointe economic impact.pdf Presentation - LaVista Pointe 19. 18-1398 Second Reading Ordinance - Approving the sale of Creekway Park (Requires 2/3 Vote) (1st Reading 11/13/18) 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 20. 18-1394 Second Reading Ordinance - Texas Municipal Retirement System (TMRS) Annual Repeating Updated Service Credits, Increase in Retirement Annuities and Increased Deposit Rate of 7% (Requires 2/3 Vote) (1st Reading 11/13/18) 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 21. 18-0808 Second Reading Ordinance - Amending One -Way Street Designations in the Downtown Area (1st Reading 11/13/18) Ordinance amending the Corpus Christi Code 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 City of Corpus Christi Page 8 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 Presentation - Downtown Streets One Way Change 22. 18-1329 Second Reading Ordinance - Transfer of Surplus City Properties to the Community Development Corporation of Brownsville (Requires 2/3 Vote) (1st Reading 11/13/18) 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 23. 18-1370 Second Reading Ordinance - Closing of a portion of a utility easement located at 6024 Crosstown State Highway 286 (1st Reading 11/13/18) 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 L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 24 - 27) 24. 18-1435 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 10059, 10067, and 10075 Leopard Street (Requires 2/3 Vote) Case No. 1018-02 Southern Builders Co., LLC: Request for rezoning property at or near 10059, 10067, and 10075 Leopard Street from "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. Planning Commission and Staff Recommendation (October 17, 2018): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. Ordinance rezoning property at or near 10059, 10067, and 10075 Leopard Street from "RS -6" Single -Family 6 District to the "CG -2" General City of Corpus Christi Page 9 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 Commercial District. Attachments: Agenda Memo 1018-02 Southern Builders Co., LLC Ordinance 1018-02 Southern Builders Co., LLC CC Report 1018-02 Southern Builders Co., LLC Presentation 1018-02 Southern Builders Co., LLC 25. 18-1436 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 3426 County Road 52 (Requires 2/3 Vote) Case No. 1018-03 Rick's Homes, LLC: Request for rezoning property at or near 3426 County Road 52 from "FR" Farm Rural District to the "RS -6" Single -Family 6 District. Planning Commission and Staff Recommendation (October 17, 2018): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -6" Single -Family 6 District. Ordinance rezoning property at or near 3426 County Road 52 from "FR" Farm Rural District to the "RS -6" Single -Family 6 District. Attachments: Agenda Memo 1018-03 Ricks Homes, LLC Ordinance 1018-03 Ricks Homes, LLC CC Report 1018-03 Ricks Homes, LLC Presentation 1018-03 Ricks Homes, LLC 26. 18-1434 Public Hearing and First Reading Ordinance - Rezoning for a Property located at or near 6502 and 6630 Agnes Street (Requires 2/3 Vote) Case No. 0318-02 Hooten Family Trust A: Request for rezoning property at or near 6502 and 6630 Agnes Street from "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with conditions. Planning Commission and Staff Recommendation (October 17, 2018): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with conditions. Ordinance rezoning property at or near 6502 and 6630 Agnes Street from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with conditions. Attachments: Agenda Memo 0318-02 Hooten Family Trust A - 10.31 Ordinance 0318-02 Hooten Family Trust A-1011(1) CC Report 0318-02 Hooten Family Trust A 10.31 Presentation 0318-02 Hooten Family Trust A 10.31.18 City of Corpus Christi Page 10 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 27. 18-1476 Public Hearing and First Reading Ordinance - Amending the Urban Transportation Plan to accomodate a proposed industrial development in the area north of Corpus Christi International Airport (Requires 2/3 Vote) Ordinance amending the Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, for Alpine Street, Corn Products Road, Sedwick Road, Diamond Cut Drive, Hopkins Road, and Joe Mireur Road; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. Attachments: Agenda Memo - Pin Oak Terminals Ordinance - Pin Oak Terminals Presentation - Pin Oak Terminals N. REGULAR AGENDA: (ITEMS 28 - 29) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 28. 18-1295 Second Reading Ordinance - Lease Agreement for Lake Corpus Christi Campground (28 Day Delay Required) (Requires 2/3 Vote) (1st Reading 10/23/18) Ordinance authorizing a fifteen -year lease agreement with Kamping Pleasures, Inc. for 40 acres out of the Mary B. Kelvin survey in Live Oak County, on the North side of Lake Corpus Christi, in consideration of quarterly rent of $5,000 or 8% of gross sales, whichever is greater, to operate a campground; with option to extend for up to an additional ten-year term. Attachments: Agenda Memo Kampinq Pleasures Lease Ordinance for Kampinq Pleasures Lease 2018 Kamping Pleasures City Lease final 10-3-18 Map - Ex B Kamping Pleasure 29. 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 O. FIRST READING ORDINANCES: (ITEMS 30 - 41) 30. 18-1451 First Reading Ordinance - Changing the Operating Budget City of Corpus Christi Page 11 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 regarding the number of Police Officer positions budgeted (Requires 2/3 Vote) Ordinance amending Ordinance No. 031548 by increasing the number of positions authorized for classification of "Police Commanders (Deputy Chief)" from four to five and decreasing the number of positions authorized for classification of "Police Captain" from 16 to 15. Attachments: Agenda memo Captain to Cmdr 12.04.2018 Ordinance - Increasing Police Deputy Chiefs - 2018 31. 18-1483 First Reading Ordinance - Accepting and appropriating FEMA reimbursements for Hurricane Harvey repairs and for the direct administrative costs for FEMA reporting (Requires 2/3 Vote) Ordinance accepting and appropriating $720,879.31 in FEMA reimbursements for Hurricane Harvey repairs as follows: $396,518.92 in the No. 1020 General Fund; $37,440.87 in the No. 4010 Water Fund; $192,917.10 in the No. 4200 Wastewater Fund; $26,426.38 in the No. 4610 Airport Fund; and $67,576.04 in the No. 5115 Assets Management - Facilities Fund; appropriating $75,000 from the General Fund unreserved fund balance for the direct administrative costs for FEMA reporting; and amending the Operating Budget by increasing expenditures by $795,879.31. Attachments: Agenda Memo - Harvey Repairs V2 Ordinance - Harvey Repairs V2 Apendix 1 - Harvey Repairs V2 32. 18-1256 First Reading Ordinance - Exempting owner from wastewater lot or acreage fee for property located east of Flour Bluff Drive and south of Glenoak Drive subject to a sanitary sewer connection agreement (Requires 2/3 Vote) Ordinance exempting Kenley Estates, located east of Flour Bluff Drive and south of Glenoak Drive, from the payment of the wastewater lot or acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring sanitary sewer connection agreement. Attachments: Ordinance - Kenley Estates Sanitary Sewer Connection Agreement, Signed Agenda Memo - Wastewater Exemption - Kenley Estates Presentation - Kenley Estates 33. 18-1263 First Reading Ordinance - Exempting owner from wastewater lot or acreage fee for property located south of Yorktown Boulevard and west of Waldron Road subject to a sanitary sewer connection agreement (Requires 2/3 Vote) City of Corpus Christi Page 12 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 Ordinance exempting Trail Blazer Addition, Block 1, Lot 5, located south of Yorktown Boulevard and west of Waldron Road, from the payment of the wastewater lot or acreage fee under Section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. Attachments: Agenda Memo - Wastewater Exemption Trail Blazer Edition Ordinance - Wastewater Exemption Trail Blazer Addition Presentation Trail Blazer Exemption Sanitary Sewer Connection Agreement Signed by Owners 34. 18-1430 First Reading Ordinance - Exempting owner from wastewater lot or acreage fee for property located south of Northwest Boulevard and east of County Road 73 subject to a sanitary sewer connection agreement (Requires 2/3 Vote) Ordinance exempting Puerto Los Caballeros Tract, Block 1, Lot 1 located south of Northwest Boulevard and east of County Road 73, from the payment of the wastewater lot or acreage fee under Section 8.5.2.G.1 of the Unified Development Code; requiring a sanitary sewer connection agreement. Attachments: Agenda Memo - Wastewater Exemption Puerto Los Caballeros Ordinance w Sanitary Sewer Agreement Puerto Los Caballeros Wastewater Ex( Presentation - Puerto Los Caballeros Wastewater Exemption 35. 18-1413 First Reading Ordinance - Approval of agreement and appropriating funds for a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement (Requires 2/3 Vote) Ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP; and appropriating $183,810.74 from Water Arterial Transmission & Grid Main Trust Fund to reimburse Developer. Attachments: Agenda Memo - Royal Creek Unit 8 Ordinance with Exhibits - Royal Creek Unit 8 Presentation - Royal Creek Unit 8 36. 18-1390 First Reading Ordinance - Service Agreement for Marina Office Roof Replacement (Requires 2/3 Vote) Ordinance authorizing a two-month service agreement for replacement of the roof at the Marina office with South Texas Metal Roofing, of Corpus Christi, Texas, in the amount of $79,350; appropriating from the Unreserved Fund Balance in the Marina Fund; and amending the budget. City of Corpus Christi Page 13 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 Attachments: Agenda Memo - Roof Replacement for Marina Office Ordinance - Marina Roof Replacement Service Agreement 1840 - Roof Replacement for Maina Office Bid Tab - Roof Replacement for Marina Office 37. 18-1399 First Reading Ordinance - Service Agreement for Repair of Municipal Marina Piers (Requires 2/3 Vote) Ordinance authorizing a service agreement for repairs to damaged piers and docks at the Marina with Meeco Sullivan, LLC, of McAlester, Oklahoma, in the amount of $144,019.28; appropriating the funds from the unreserved fund balance of the Marina Fund; and amending the budget. Attachments: Agenda Memo - Services for Repair of Marina Pier Ordinance - Services for Repair of Marina Pier Service Agreement - Meeco Sullivan Price Sheet - Services for Repair of Marina Pier 38. 18-1400 First Reading Ordinance - Purchase of Electrical Pedestals for the Repair of the Municipal Marina Morf Pier (Requires 2/3 Vote) Ordinance authorizing the purchase of 60 electrical pedestals for Morf Pier from HydroHoist Marine Group, dba HyPower, of Claremore, Oklahoma, in the amount of $51,325.42; appropriating the funds from the unreserved fund balance of the Marina Fund; and amending the budget. Attachments: Agenda Memo - Electrical Pedestals for Marina Pier Ordinance - Electrical Pedestals for Marina Pier Price Sheet - Electrical Pedestals for Marina Pier 39. 18-1402 First Reading Ordinance - Purchase of Dock Materials for Repair of Municipal Marina Morf Pier (Requires 2/3 Vote) Ordinance authorizing the purchase of dock materials for Morf Pier from Meeco Sullivan, LLC, of McAlester, Oklahoma, in the amount of $320,037; appropriating the funds from the unreserved fund balance of the Marina Fund; and amending the budget. Attachments: Agenda Memo - Materials for Repair of Marina Pier Ordinance - Materials for Repair of Marina Pier Price Sheet - Materials for Repair of Marina Pier 40. 18-1457 First Reading Ordinance - Transferring Unspent Funds from Capital Budget to the General Fund (Requires 2/3 Vote) Ordinance transferring $88,459.57 from the unspent project balance in the Parks and Recreation Capital Improvement Program Fund No. 3280 to City of Corpus Christi Page 14 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 General Fund No. 1020 for unexpended renovation/repair funds from the T.C. Ayers Pool project; and amending the operating budget. Attachments: Agenda Memo for Transfer of Funds to GF Ordinance - TC Ayers 41. 18-1474 First Reading Ordinance to Approve the 2019 Annual Audit Plan Ordinance to Approve the 2019 Annual Audit Plan. Attachments: Agenda Memo - 2019 Audit Plan Ordinance to Approve 2019 Annual Audit Plan Exhibit A - 2019 Annual Audit Plan P. FUTURE AGENDA ITEMS: (ITEMS 42 - 52) The following items are for Council's informational purposes only. No action will be taken and no public comment will be solicited. 42. 18-1412 Resolution authorizing developer participation agreement for the City's share of the cost to extend Oso Parkway south of Yorktown Boulevard & east of Cimarron Boulevard (Requires 2/3 Vote) Resolution authorizing developer participation agreement with MPM Development, LP, to reimburse developer up to $185,005.37 for City's share of cost to extend Oso Parkway. Attachments: Agenda Memo - Royal Creek Unit 8 Participation Resolution with Exhibits - Royal Creek Unit 8 Participation Presentation - Royal Creek Unit 8 Participation Final 43. 18-1360 Purchase additional Kronos Time System subscription licenses (Requires 2/3 Vote) Motion authorizing the purchase of additional licenses necessary for electronic leave requests from Kronos, Inc., for $83,352.50, pursuant to the terms of the parties' existing renewable subscription agreement. Attachments: Agenda Memo-Kronos.docx Proposal - FY1819 City of Corpus Christi WFC SaaS Capacity Proposa1.050ct2 44. 18-1306 Type A Agreement - Corpus Christi Regional Economic Development Corporation Program Management and Funding (Requires 2/3 Vote) Motion to approve an agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the management of the Corporation's economic development funds. Attachments: Agenda Memo - Type A and City Agreement 11 27 18 CCREDC Type A Agreement with City FY19 City of Corpus Christi Page 15 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 45. 18-1298 Service Agreement for Backflow Testing Services for Utilities Department (Requires 2/3 Vote) Motion authorizing a two-year service agreement for the backflow prevention testing services with Smart Plumbing, Inc of Corpus Christi, Texas for an amount not to exceed $299,130 with a one-year option for a total potential multi-year amount up to $448,695.00. Attachments: Agenda Memo- Backflow Preventer Testing for Utilities Department Bid Tabulation- Backflow preventer.xlsx Service Agreement.pdf 46. 18-1353 Supply Agreement to purchase water meters for Utilities Department (Requires 2/3 Vote) Motion authorizing a two-year supply agreement to purchase water meters from Neptune Technology Group Inc., of Tallassee, Alabama, via Houston -Galveston Area Council for a total amount not to exceed $782,810.23. Attachments: Agenda Memo - Neptune Water Meters Price Sheet - Neptune Water Meters.pdf Supply Agreement - Neptune Water Meters 47. 18-1397 Supply Agreement for the purchase of liquid cationic polymer for water treatment at the O.N. Stevens Water Treatment Plant (Requires 2/3 Vote) Motion authorizing a one-year supply agreement for the purchase of liquid cationic polymer from Polydyne, Inc. of Riceboro, Georgia for a total not to exceed amount of $730,800.00. Attachments: Agenda Memo -Liquid Cationic Polymer Bid Tabulation - Liquid Cationic Polymer.pdf Supply Agreement - Liquid Cationic Polymer.pdf 48. 18-1405 Amendment to Service Agreement for Closed Circuit Televised (CCTV) Cleaning and Inspection of Large Diameter Wastewater Lines (Requires 2/3 Vote) Motion authorizing an amendment to Service Agreement No. 1004 to allow a contract increase with CSI Consolidated, LLC dba Clean Service, LLC of Pearland, Texas for a not to exceed amount of $268,276.87 for revised contract total not to exceed $1,341,284.37. Attachments: Agenda Memo - Amendment 2 -CCTV Large Diameter Cleaning - City of Corpus Christi Page 16 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 Amendment 2 - CCTV Large Diameter Final Service Agreement of 5-30-2017 - CCTV Large Diameter 49. 18-1415 Construction Contract for the McBride Lift Station and Force Main Improvements Project (Requires 2/3 Vote) Motion to authorize execution of a construction contract with J.S. Haren Construction Company of Athens, Tennessee in the amount of $3,437,000 for the McBride Lift Station and Force Main Improvements project. Attachments: Agenda Memo - McBride LS and FM Project Budget - McBride Lift Station and Force Main Location Map v1 Presentation - McBride LS and FM 50. 18-1407 Construction Contract for the Downtown Road and Streetscape Improvements Project (Requires 2/3 Vote) Motion to authorize execution of a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of $736,683.85 for the Downtown Road and Streetscape Improvements project for the base bid. Attachments: Agenda Memo - Downtown Road Streetscape Imps Project Budget - Downtown Road Streetscape Imps Location Map - Downtown Road Streetscape Imps Presentation - Downtown Road and Streetscape Imps Letter of Recommendation - Downtown Road Streetscape Imps 51. 18-1396 Resolution for a Service Agreement for Hoopla Digital Media Platform Services for the Public Libraries (Requires 2/3 Vote) Resolution authorizing a one-year service agreement, for Hoopla digital media platform services for the Corpus Christi Public Libraries with Midwest Tape, LLC, of Holland, Ohio for an amount not to exceed $60,000, with four additional one-year renewal options for a potential total amount not to exceed $300,000. Attachments: Agenda Memo Hoopla Digital Media Platform Services for Public Libraries Resolution - Hoopla Digital Media Platform Services for Public Libraries Hoopla Service Agreement - Partially Executed 52. 18-1466 Resolution amending and reaffirming the City's Investment Policy and Investment Strategies for Fiscal 2018-2019 Resolution amending and reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for Fiscal Year 2018-2019. Attachments: Agenda Memo Investment Policy December 11, 2018 City of Corpus Christi Page 17 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 Resolution Reaffirming Policy 2018 vFinal 2018 Exhibit A Draft FY18-19 Policy Legistar 2018 Exhibit B Substantive Changes & Amendments Policy FY18-19 Legistar Q. BRIEFINGS: (ITEMS 53 - 54) 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. 53. 18-1484 City Auditor's Office External Peer Review Report Attachments: Agenda Memo - 2018 Audit Peer Review 2018 Certificate of Complaince 2018 Peer Review Report 54. 18-1410 Development Services Strategic Action Plan Attachments: Agenda Memo Strategic Action Plan Strategic Action Plan Presentation Dev Servc Strategic Action Plan R. EXECUTIVE SESSION: (ITEM 55) 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. 55. 18-1449 Executive Session pursuant to Section Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to property in/near 1 Bayfront Park and/or the Harbor Playhouse and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property at/near the aforementioned locations if deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS City of Corpus Christi Page 18 Printed on 11/26/2018 City Council Meeting Agenda - Final November 27, 2018 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 19 Printed on 11/26/2018 City of Corpus Christi Meeting Minutes 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. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:31 a.m. B. Invocation to be given by Pastor Rob Bailey, Southside Community Church. Pastor Rob Bailey gave the invocation. C. Pledge of Allegiance to the Flag of the United States to be led by Assistant Chief Rick Trevino, Corpus Christi Fire Department. Assistant Fire Chief Rick Trevino led the Pledge of Allegiance. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Interim City Manager Keith Selman, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. City of Corpus Christi Page 1 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 Present: 8 - Mayor Joe McComb,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Michael Hunter,Council Member Debbie Lindsey-Opel,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith E. Proclamations / Commendations 1. 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". Proclamation declaring November 10-18, 2018, "National Hunger and Homelessness Awareness Week". Mayor McComb presented the proclamations. J. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you choose to speak during this public comment period regarding an item on the agenda, you may do so. You will not be allowed to speak again, however, when the Council is considering the item. Citizen comments are limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Any electronic media (e.g. CD, DVD, flash drive) that the Public would like to use while they speak MUST be submitted a minimum of 24 hours prior to the Meeting. Please contact the Public Communications department at 361-826-3211 to coordinate. All items on this agenda are considered public hearings. Mayor McComb deviated from the agenda and referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council meeting. City Secretary Rebecca L. Huerta conducted the public comment period. Jack Gordy, 4118 Bray, spoke regarding the costs associated with outside legal counsel. Margareta Fratila, 3606 Tripoli, spoke regarding minimum utility charges related to water consumption. Brian Watson, 5813 Hugo, spoke regarding generating precipitation with artificial technologies as a water sources to ensure future water supply. Susie Luna Saldana, 4710 Hake!, spoke regarding the following: congratulated the At -Large and District 4 elected officials; the upcoming runoff election; addressing the water and street problems; and thanked the City Council for their service. Matthew Michael spoke regarding the City's Charter. John Medina, 4931 Mokry, spoke regarding two work orders placed regarding drainage on Mokry Drive and a request to install crosswalks at Haas Middle School. City of Corpus Christi Page 2 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: d. OTHER Mayor McComb deviated from the agenda and referred to City Manager's Comments. Interim City Manager Keith Selman reported on the following topics: 1) Interim City Manager Selman provided a recap of the items that City Council approved related to the City Council's goals for Water, Streets and Economic Development. 2) The Utilities Department is holding a workshop on how to properly dispose of fats, oils and grease on Thursday, November 15, 2018 at the Galvan House at Heritage Park. 3) A Safe Digging Seminar will be held on Thursday, November 15, 2018 at the Richard M. Borchard Fairgrounds at 8:30 a.m. 4) Interim City Manager Selman recognized employees of the Financial Services Department for receiving the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association of the United States for the 35th year. 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: issues regarding the General Ledger journal entries; bill -related issues related to accounts that never received a bill, sporadic missed bills and no readings, and consolidated consumption bills; project recovery including identifying all issues related to Infor and integrated systems; continuing work on the billing system; updating gas rates to winter rates; water audits and assessments; replacement of the meter transmission units (MTU); the data collection units (DCU) checks; and the Star software's new exception file completion. Council members and Mr. Collins discussed the following topics: an explanation of journal entries re -runs and how long the process takes to complete; that every journal entry is a transaction; that the bill -related issues have been occuring since going live with the billing system; the decision to go live with the billing system; resolving the general ledger issues immediately; the number of no bills; Development Services Department permitting transactions; reconciling cash to the general ledger; the number of MTUs that are in the process of being replaced and the number of new MTU failures; if voluntary disconnects that are reconnected are assigned new account numbers; the percentage of accounts that have billing issues; the percentage of issues that other cities have with their billing system; preventive maintenance on the MTUs; how often MTUs are assessed; future reporting on the status of MTUs, DCUs, and exception meter readings; the length of time for Mr. Collins to complete the project; the life expectancy of the automated meter reading system; an analysis of whether the City is spending more money on the automated meter reading system versus manual meter reading; concern by a council member regarding the reliability of the system; staffs management of the billing system; manual meter reading by citizens; and changing the way the City handles the billing system. City of Corpus Christi Page 3 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 b. STRATEGIC FUTURE ISSUES None. c. CITY PERFORMANCE REPORT - HOUSING AND COMMUNITY DEVELOPMENT Director of Housing and Community Development Rudy Bentancourt provided a briefing on the Housing and Community Development Department, including the mission statement; operational profile; baseline information; and performance indicators. Council members and staff discussed the following topics: appreciation for Mr. Bentancourt and staff hosting the U.S. Housing and Urban Development (HUD) Region 6 convention; and housing assistance for veterans. G. MINUTES: 2. Regular Meeting of October 30, 2018. Mayor McComb referred to approval of the minutes. Council Member Lindsey -Opel made a motion to approve the minutes, seconded by Council Member Garza and passed unanimously. H. BOARD & COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: K. CONSENT AGENDA: (ITEMS 3 - 10) Approval of the Consent Agenda 3. Mayor McComb referred to the Consent Agenda. There were no comments from the Council or the public. Council Member Lindsey -Opel made a motion to approve the consent agenda, seconded by Council Member Molina. The consent agenda items were passed and approved by one vote as follows: Aye: 8 - Abstained: 0 Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Molina, Council Member Roy and Council Member Smith 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 City of Corpus Christi Page 4 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 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 passed on the consent agenda. Enactment No: 031587 4. Supply Agreement for Medications for Emergency Medical Services (EMS) (Requires 2/3 Vote) 5. 6. 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 passed on the consent agenda. Enactment No: M2018-214 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 passed on the consent agenda. Enactment No: M2018-215 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 passed on the consent agenda. Enactment No: M2018-216 7. Construction Contract Change Order No. 1 for Oso Water Reclamation Plant Headworks and Lift Station (Capital City of Corpus Christi Page 5 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 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 passed on the consent agenda. Enactment No: M2018-217 8. Service Agreement for Motor and Clutch Repairs for Wastewater Treatment Plants (Requires 2/3 Vote) 9. 10. 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 passed on the consent agenda. Enactment No: M2018-218 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031588 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 City of Corpus Christi Page 6 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 System Corporation, A Texas Non -Profit Corporation, to cross Elizabeth Street with private utilities. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031589 M. PUBLIC HEARINGS: (NONE) N. REGULAR AGENDA: (ITEM 11) 11. 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. Mayor McComb referred to Item 11. Director of Intergovernmental Relations Tom Tagliabue stated that the purpose of this item is to enter into a Memorandum of Agreement (MOA) with Nueces County to pursue a County -wide drainage study. Since Hurricane Harvey, there has been a renewed interest to include the City, Nueces County, drainage districts and the Nueces River Authority in a drainage study. The MOA does not commit any funding from the City, but encourages entities to cooperate in identifying a wide range of flooding, drainage and water quality issues and establish best management practices to address areas of concern. There were no comments from the public. Council members discussed the following topics: funding from the General Land Office, through a Community Development Block Grant, for Hurricane Harvey recovery to cities; other sources of funding for a drainage study; a regional drainage plan; the focus of the study; and if North Beach will be included in the study. Council Member Garza made a motion to approve the resolution, seconded by Council Member Lindsey -Opel. This Resolution was passed and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 Enactment No: 031590 R. EXECUTIVE SESSION: (ITEMS 38 AND 40) Mayor McComb referred to Executive Session Items 38 and 40. The Council went into executive session at 1:34 p.m. The Council returned from executive session at 2:44 p.m. 38. Executive Session pursuant to Texas Government Code § 551.071 City of Corpus Christi Page 7 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 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. This E -Session Item was discussed in executive session. 40. 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. This E -Session Item was discussed in executive session. L. RECESS FOR LUNCH The recess for lunch was held during Executive Session Items 38 and 40. O. FIRST READING ORDINANCES: (ITEMS 12 - 18) 12. 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. Mayor McComb referred to Item 12. lain Vasey, President and CEO of the Corpus Christi Regional Economic Development Corporation (EDC) stated that City of Corpus Christi Page 8 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 the purpose of this item is to approve a business incentive agreement between the Type B Corporation and LaVista Pointe, LP. Mr. Vasey presented the following information: that the property is located in a Texas Enterprise Zone; the investment; the number of full-time jobs; construction to begin by July 1, 2019; the performance requirements; that the project complies with the new Type B guidelines to be used for infrastructure; the return on investment and project site. There were no comments from the public. Council members discussed the following topics: a map of Type A or Type B projects geographically located in the City; if North Beach has received Type A or Type B incentives; transforming housing on North Beach; the property located in a Texas Enterprise Zone; that there are no tax increases with the project; the performance measures; the cost incurred by the City; that future projects include a comprehensive analysis regarding the revenue and cost incurred by the City; clarification regarding the economic impact analysis; and that the project will improve the quality of life on North Beach. Council Member Lindsey -Opel made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 13. 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. Mayor McComb referred to Item 13. Interim Director of Parks and Recreation Becky Perrin stated that the purpose of this item is to approve the sale of Creekway Park, located at 7306 Prairie, to Abel Garza, Jr. and Cynthia P. Garza for $85,000. Ms. Perrin presented the following information: history on the sale of the parkland; the list of parks approved by the voters on November 4, 2014; the location of the park; and that the property is zoned residential. There were no comments from the public. Mayor McComb asked questions regarding the closing date. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Lindsey -Opel. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Abstained: 0 Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Molina, Council Member Roy and Council Member Smith 14. First Reading Ordinance - Texas Municipal Retirement System (TMRS) Annual Repeating Updated Service Credits, Increase in City of Corpus Christi Page 9 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 15. Retirement Annuities and Increased Deposit Rate of 7% (Requires 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. Mayor McComb referred to item 14. Director of Human Resources Steven Viera stated this ordinance is related to the Texas Municipal Retirement System (TMRS) and successfully places the City on an annual repeating status. The purpose of this item is to authorize the continuation of TMRS "Updated Service Credits" and increases for prior and current service annuities on an annual repeating basis and increase the rate of deposit to 7% by the employees of the City. This meets the provisions of the collective bargaining agreement with the Corpus Christi Police Officers' Association. Mr. Viera introduced Eric Davis, Deputy Executive Director of TMRS. There were no comments from the public. Council members discussed the following topics: the financial impact of increasing the deposit rate from 6% to 7%; an explanation of the "Updated Service Credits"; the City moving to an annual repeating status; obligations under the collective bargaining agreement; and where Corpus Christi ranks in the TMRS system. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Lindsey -Opel Abstained: 0 Second 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) (1st Reading 11/13/18) 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 City of Corpus Christi Page 10 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 necessary to be consistent with requirements of the U.S. Coast Guard. Mayor McComb referred to Item 15. Director of Aviation Fred Segundo stated that the purpose of this item is to execute an amendment to the existing lease with the U.S. Coast Guard at the Corpus Christi International Airport to extend the term of the lease up to 20 years to allow the Coast Guard to construct an additional parking and storage lot. There were no comments from the Council or the public. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye: 7 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Lindsey -Opel Abstained: 0 16. First Reading Ordinance - Amending One -Way Street Designations in the Downtown Area 17. 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. Mayor McComb referred to Item 16. Executive Director of Public Works Valerie Gray stated that the purpose of this item is to amend the City's Code of Ordinances by removing the one-way street designations between Shoreline Boulevard and Water Street for portions of Starr, Peoples, Schatzell, Williams, and John Sartain Streets. There were no comments from the public. Council members and staff discussed the following topics: the Chaparral two-way conversion; evaluation of the traffic signals in the downtown area; concern from residents regarding loading and nonloading zones; parking control; and the Lawrence Street conversion. Council Member Lindsey -Opel made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 First Reading Ordinance - Transfer of Surplus City Properties to the Community Development Corporation of Brownsville (Requires 2/3 Vote) Ordinance approving an Affordable Housing Agreement between the City City of Corpus Christi Page 11 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 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. Mayor McComb referred to Item 17. Director of Housing and Community Development Rudy Bentancourt stated that the purpose of this item is to approve an affordable housing agreement between the City and the Community Development Corporation (CDC) of Brownsville. This ordinance approves the conveyance of the following City -owned vacant lots: 502 18th Street; 508 18th Street and 4238 Barrera Drive. The conveyed lots will be used for the construction of affordable housing in the form of single-family homes by the CDC of Brownsville. Mr. Bentancourt introduced Chloe Dotson, CDC of Brownsville, who responded to questions. There were no comments from the public. Council members discussed the following topics: the size and scope of the homes; target price of the homes; that clients can design homes to meet their budget and pricing; the partnership between the City and the CDC of Brownsville; if the CDC of Brownsville will work with participants in the City's demolition program; the income eligibility guidelines; that the homes meet windstorm requirements and are energy -star certified; clarification relating to the CDC of Brownsville as an organization; how other organizations should contact the City to participate in an affordable housing program; and the building of carports. Council Member Lindsey -Opel made a motion to approve the ordinance, seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 8 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Lindsey -Opel, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 18. 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. Mayor McComb referred to Item 18. Director of Development Services Nina Nixon -Mendez stated that the purpose of this item is to vacate and abandon a portion of utility easement located out of Cabaniss Acres No. 2 Subdivision at 6024 Crosstown State Highway 286. There were no comments from the Council or the public. Council Member Lindsey -Opel made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Aye: 6 - Mayor McComb, Council Member Garza, Council Member Guajardo, Council Member Lindsey -Opel, Council Member Roy and Council Member Smith City of Corpus Christi Page 12 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 Absent: 2 - Council Member Hunter and Council Member Molina Abstained: 0 P. FUTURE AGENDA ITEMS: (ITEMS 19 - 35) Mayor McComb referred to Future Agenda Items. Interim City Manager Keith Selman stated that staff had a planned presentation on Item 35. Council members requested information on Items 20, 22 and 28. 19. 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. This Motion was recommended to the consent agenda. 20. 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. This Motion was recommended to the consent agenda. 21. 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. This Motion was recommended to the consent agenda. 22. 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. City of Corpus Christi Page 13 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 This Motion was recommended to the consent agenda. 23. 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. This Resolution was recommended to the consent agenda. 24. 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. This Resolution was recommended to the consent agenda. 25. 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 This Motion was recommended to the consent agenda. 26. Service Agreement Overhead Roll -Up Door Replacements (Requires 2/3 Vote) 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. This Motion was recommended to the consent agenda. 27. Service Agreements for Mobile Tire Repairs for Fleet Maintenance (Requires 2/3 Vote) City of Corpus Christi Page 14 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 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 This Motion was recommended to the consent agenda. 28. 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. This Motion was recommended to the consent agenda. 29. Resolution Approving the Type B Corporation Guidelines Resolution approving the Corpus Christi B Corporation Guidelines and Criteria for Granting Business Incentives. This Resolution was recommended to the consent agenda. 30. 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. This Resolution was recommended to the consent agenda. City of Corpus Christi Page 15 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 31. 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 Corporation and Texas A&M University - Corpus Christi (TAMU-CC) to provide grant up to $150,000 for their internship program. This Resolution was recommended to the consent agenda. 32. 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. This Resolution was recommended to the consent agenda. 33. 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. This Resolution was recommended to the consent agenda. 34. Renewal of a Type A Grant for Del Mar Procurement Technical Assistance Center (PTAC) Program (Requires 2/3 Vote) 35. 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. This Resolution was recommended to the consent agenda. 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 This Resolution was recommended to regular agenda. Q. BRIEFINGS: (ITEMS 36 - 37) 36. Short Term Rentals City of Corpus Christi Page 16 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 Mayor McComb referred to item 36. Elvia Aguilar, Senior Director of Business Affairs for the Corpus Christi Convention and Visitors Bureau (CVB), stated that the purpose of this item is to provide a report on short-term rentals. In January 2018, the City Council heard a presentation to rezone property to allow for the operation of a bed and breakfast. City Council discussed Airbnb operations in Corpus Christi and whether hotel occupancy taxes (HOT) were being collected. Mayor McComb and an Assistant City Manager directed the CVB to form a task force to discuss this issue. Ms. Aguilar introduced Justin Bragiel, General Counsel for the Texas Hotel and Lodging Association and Corpus Christi Short -Term Rentals (STR) Taskforce Member, to facilitate the discussion. Mr. Bragiel presented the following information: the goals of the Corpus Christi STR Taskforce; the STR Taskforce members; the definition of STR; the STR Taskforce's scope of work; the STR issues in Corpus Christi; that STR activity is subject to HOT; regulations in the Unified Development Code (UDC); STR ordinances in other Texas cities; that the STR Taskforce did not include a recommendation to differentiate between owner -occupied and non -owner -occupied units; STR Taskforce's findings and recommendations regarding: non -owner occupied STRs; the UDC; adoption of a STR ordinance; seeking additional neighborhood input; deed restrictions and homeowner associations; and the draft STR ordinance. Mr. Bragiel stated that the STR Taskforce's recommendations include: adopting an ordinance establishing a permitting process for STRs, creating standards for the operation of the STR, ensuring compliance with HOT law, and creating penalties for noncompliance with the STR ordinance, seeking additional neighborhood/community member input to determine whether to provide additional guidelines or restrictions and to amend the UDC to lawfully allow permitted STR activity in residentially zoned areas of the City. Council members discussed the following topics: what other communities are doing; the current STR activity; where STRs are currently lawfully operating; provisions from the City of Port Aransas; potential HOT impact of STRs; the STR Taskforce's recommendations; if the STR Taskforce recommends that the prohibition on STR activity in residentially zoned areas be lifted; the need for additional citizen input; homeowner association restrictions; current STR operators would have to request a variance to be in compliance; the difference between requesting a variance and creating a new ordinance; concerns regarding parking requirements; concerns regarding the impact to single-family residential neighborhoods; enforcement; and legistative changes regarding STRs. Assistant City Secretary Paul Pierce announced that Council Member Lindsey -Opel abstained from this item. 37. Drone Camera Technology in City Operations Mayor McComb referred to item 37. Police Chief Mike Markle stated that the purpose of this item is to present information regarding drone camera technology used in City operations. The presentation team included: Fire Battalion Chief Jim DeVisser; Police Lieutenant Michael Pena; Senior Police Officer John Villarreal; and Assistant Director of Utilities Wesley Nebgen. Battalion Chief DeVisser presented the following information on the Corpus Christi Fire Department's drone technology: that the Corpus Christi Fire City of Corpus Christi Page 17 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 Department is leading the nation in this groundbreaking and cutting edge technology; receipt of a Certificate of Authorization from the Federal Aviation Administration; the AERO team personnel; missions flown in the City; outside partners; missions related to the Nueces River Flooding; future projects; and video footage from a tanker accident on the Harbor Bridge and Hurricane Harvey. Council members and Battalion Chief DeVisser discussed the following topics: if the Fire Department considers utilizing drone technology from private organizations; where the drones are housed; and use of the equipment during Hurricane Harvey. Lieutenant Pena and Senior Officer Villarreal presented the following information: that the Corpus Christi Police Department utilizes several different types of camera and robot technology to protect citizens; the systems utilized including: the Avatar Robot; Recon Robotics Scout (Roach); the bomb robot; the Coban body and car systems; and video from Recon Robotics Scout. Mr. Nebgen stated that the Utilities Department uses camera systems and remote camera systems for operations to improve efficiencies and minimize disruptions caused by blockages in the wastewater systems. The primary technology used is closed circuit television which is used in the maintenance of the lines. The camera gives the department the ability to view the condition of a pipe to determine the cause of a blockage, a failure and to perofrm condition assessments of pipes. Mr. Nebgen presented: a video regarding the Utilities Department's camera technology; the number of units; and information regarding the new trenchless repair technology. Council members spoke regarding the following topics: City departments embracing technology; use of drones by the Police Department; trenchless repair technology; the Fire Department leading the nation in this technology; the costs associated with the various drones, cameras, and robots; the Fire Department's partnership with LoneStar UAS; urban traffic management; and memory and storage. R. EXECUTIVE SESSION: (ITEM 39) Mayor McComb referred to Executive Session Item 39. The Council went into executive session at 6:04 p.m. The Council returned from executive session at 6:30 p.m. 39. 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). This E -Session Item was discussed in executive session. City of Corpus Christi Page 18 Printed on 11/20/2018 City Council Meeting Minutes November 13, 2018 S. IDENTIFY COUNCIL FUTURE AGENDA ITEMS T. ADJOURNMENT None. The meeting was adjourned at 6:30 p.m. City of Corpus Christi Page 19 Printed on 11/20/2018 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 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 E ;uawy3wv WIENC tielA Bus utCII Ent ri:c hcrehv grants BUSilleSS Enterprise ce • syi& BasE Security & Fire Consultants, LLC i :s? w.lrck has successfully ntct \\.I l .\C's s at cl:miss as a A :'171 1t'' Y1t1wiI - :: (G:htc price.° CWBE). F:1. This colill`k-atic}t'7 :i ir171w the E usine.cs i wonuf-(1}vnod, ulkrttetl ;ii iI craft4 ullccl: ztrtci is valid dimiugh the tIaLe IkerLin. Expi'a1ion Dale: 12/31/2016 WBENO National Cert flcate Number: 2005128063 NAICS Codes; 561612, 561611 UNSPSC Codes: 92121504 • Agrd 1VBENC Netorial YCJ5 '44411100 th' Worm!'s i3 x Eliorxiso : a W)E$C Acticoal1' x f]i1i andki7 {,Af Authorized b', April D. Fpm-;ic &eVrw, " Efktmtfr �.. 1114 WBEA 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. 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 RFB was bid out in three groups awarding primary and secondary for each group. This Contractor is secondary for Group 1 and Group 3. Revised: Addendum 2 Page 2 of 2 Grou • 2 - Medium Tires to Class 8 Tires Item Description Unit Qty Unit Price Total Price 7 Service Call EA 200 55.00 11,000.00 8 Service CaII - After Hour EA 50 100.00 5,000.00 9 Service Call - Holiday EA 7 100.00 700.00 10 New Tire Pick up Charge EA 66 0.00 0.00 9 Out of Town Mileacge Per Mile 5500 1.00 5,500.00 10 Mount and Dismount EA 800 25.00 20,000.00 Total 42,200.00 Grou • 3 - OTR (Off the Road) Tires Item Description Unit EA Qty 100 Unit Price 55.00 Total Price 5,500.00 11 Service Call 12 Service Call - After Hour EA 20 100.00 2,000.00 13 Service Call - Holiday EA 7 100.00 700.00 14 New Tire Pick upCharcge EA 35 0,00 0.00 15 Out of Town Mileage Per Mile 3000 1.00 3,000.00 16 Mount and Dismount - Small OTR EA 20 25.00 500.00 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 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. Revised: Addendum 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. 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 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 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 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: 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 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 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 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 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: Kim Baker, Assistant Director of Financial Services—Purchasing Division KimB2@cctexas.com (361) 826-3169 Billing System Analysis 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. 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. 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 1, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Culbertson, COO/CCREDC (361) 882-7448 mculbertson©ccredc.com Approving the Type B Corporation Economic Development Guidelines 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. 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 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 City Secretary Corpus Christi, Texas of @BCL@280DED25 Joe McComb Mayor 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 @BCL@280DED25 Page 2 of 15 Page 3 of 15 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 1/8t" 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: @BCL@280DED25 Page 4 of 15 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". (I) "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. @BCL@280DED25 Page 5 of 15 (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 @BCL@280DED25 Page 6 of 15 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; @BCL@280DED25 Page 7 of 15 • 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* @BCL@280DED25 Page 8 of 15 *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. @BCL@280DED25 Page 9 of 15 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. @BCL@280DED25 Page 10 of 15 • 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. @BCL@280DED25 Page 11 of 15 (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 @BCL@280DED25 Page 12 of 15 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, EMS!, 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 @BCL@280DED25 Page 13 of 15 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. @BCL@280DED25 Page 14 of 15 (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. @BCL@280DED25 Page 15 of 15 (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. @BCL@280DED25 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. 1 (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". (I) "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. 2 (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. 3 (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 4 • 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* 5 *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 6 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: 7 • 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. 8 (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 9 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, EMS!, 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 10 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. 11 (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. 12 (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. 13 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: September 16, 2017 TO: Keith Selman, Interim City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Renew a Type A Grant for Del Mar College Internship Program 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. 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 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. @BCL@COOCA9DF.docxDMC Page 2 of 2 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb 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 @BCL@COOCA9DF.docxDMC 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 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: September 16, 2017 TO: Keith Selman, Interim City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Renewal of a Type A Grant for Texas A&M University — Corpus Christi Internship Program 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 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 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. @BCL@C00C7C54.docx Page 2 of 2 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb 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 @BCL@C00C7C54.docx Renewal Small Business Incentive Agreement Between Corpus Christi Business and Job Development Corporation and Texas A&M University — Corpus Christi Renewal No.: 1 Date: September 17, 2018 The Corpus Christi Business and Job Development Corporation hereinafter referred to as the Corporation, and Texas A&M University — Corpus Christi, hereinafter referred to as TAMU- CC, 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 TAMU-CC. 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 TAMU-CC 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. •�..X-� `t-j`f-(cc- 4,„A, it,. Dr. Kell r M. Quintanilla Date � President Texas A&M University — Corpus Christi Scott Harris Date President Corpus Christi Business and Job Development Corporation APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attorney for Corporation 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 16, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Renewal of Type A Grant for LiftFund, Inc. 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 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 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. @BCL@C00C5388.docx Page 2 of 2 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb 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 @BCL@C00C5388.docx 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 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 16, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Renewal of a Type A Grant for Service Corps of Retired Executives (SCORE) Chapter 221 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: 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 o 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 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. @BCL@C00C9D5F.docx Page 2 of 2 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb 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 @BCL@C00C9D5F.docx 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 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 17, 2018 TO: Keith Selman, Interim City Manager FROM: Mike Culbertson (361) 882-7448 mculbertson@ccredc.com Renewal of a Type A Grant Del Mar PTAC Program 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: 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 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. ©BCL@COOCF8A4.docx Page 2 of 2 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb 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 @BCL@COOCF8A4.docx 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 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: Ordinance amending the Corpus Christi Code 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 Project No: N/A 1 AL/LH Legistar No.: 18-0808 Rev. 3 — 11/2/2018 pedestrian environment. 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 Ordinance amending the Corpus Christi Code 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 Shoreline Boulevard (Ord. No. 19886, § 1, 7 28 1987) Peoples Street, between Lower Broadway and Water Street East West Shoreline Boulevard Peoples Street, from West Shoreline Boulcvard to East East 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 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 27, 2018 Second Reading for the City Council Meeting of December 4, 2018 DATE: October 31, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 10059, 10067, and 10075 Leopard Street CAPTION: Case No. 1018-02 Southern Builders Co., LLC: Request for rezoning property at or near 10059, 10067, and 10075 Leopard Street from "RS -6" Single -Family 6 District to the "CG - 2" General Commercial District. PURPOSE: The purpose of this item is to allow for the construction and operation of a mini -storage complex. RECOMMENDATION: Planning Commission and Staff Recommendation (October 17, 2018): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. Vote Results: For: 3 Opposed: 2 Absent: 2 Abstained: 0 ALTERNATIVES: 1. Deny the request. 2. Recommend a Special Permit (Requires 2/3 vote). OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for high and medium density residential uses. The proposed rezoning to the "CG -2" General Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital lip Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 1018-02 Southern Builders Co., LLC.: Ordinance rezoning property at or near 10059, 10067, and 10075 Leopard Street from "RS -6" Single -Family 6 District to the "CG -2" General Commercial District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Southern Builders Co., LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, October 17, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District and on Tuesday, November 27, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Southern Builders Co., LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as 4.31 acres out of Lots 3, 4, and 5, Block 7, Highway Village No. 2, located on the south side of Leopard Street, west of Rand Morgan Road, and east of McKenzie Road (the "Property"), from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District (Zoning Map No. 060048), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\1018-02 Southern Builders Co., LLC\Council Documents\Ordinance_1 018- 02 Southern Builders Co., LLC.docx Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor Page 3 of 5 MVRRAY BAs. JR.. P.E..R.P.L5. N:xoN M. WFLsx. PE..R.F.LS. =na.b a::-n•el:h.com Exhibit A BASS WELSH ENGINEERING TX Registration No. F -S' Survey Registration No. 10002'-00 P_O. Box 639' Corpus Christi. TX 78466-6397 September 19.2018 Field Note Description Proposed Rezoning Tract 3051 S. ALAMFDA. rP 78104 361 832-5521— FAX 361 832-1265 e-mail: murraiin,e aol.com e-mail: nizm= 1 ., email. cora Being a tract situated in Corpus Christ, Nueces County Texas a portion of Lots 3. 4 and 5. Block 7. Highway `.9IIage No_ 2. as shown on the map thereof recorded in Volume 11 at Pages 59 and 60 of the Map Records of Nueces County, Texas, and being more particularly described by metes and bounds as follows. BEGINNING at a 5/8 inch iron rod found for the northwest comer of Lot 3. Block 7 of the northwest comer of this tract, said point lying in the south margin of Leopard Street THENCE 5 5748'00" E along the north line of Lots 3. 4 and 5, and the south right-of-way line of Leopard Street a distance of 300.00 feet to a 5/8 inch iron rod found for the northeast corner of this tract. said point being the northeast comer of the heretofore described Lot 5: THENCE SOUTH along the east boundary of Lot 5 a distance of 644.34 feet to a point for the southeast comer of this tract; THENCE S 55`58'41" W across Lot 5 and a porton of Lot 4 a distance of 125.73 feet to a point for the most southerly point in this tract: THENCE N 46°53'42° W across Lot 4 and Lot 3 a distance of 204.97 feet to a point in the west boundary of Lot 3 for the southwest comer of this tract THENCE NORTH along the west boundary of Lot 3 a distance of 734.49 feet to the POINT OF BEGINNING forming a tract embracing 4.31 acres_ M xray Bass, 1r., RP.LS. Nose Evss o' Bearlrg s the rest oou'Idary of Loi 3. Bloct 7 36 snowy on dle Tap of record. N5.1 sao •9041 -Fled Note 75C (IOC EXHIBIT "A' Pagel 7'1 Page 4 of 5 Exhibit B Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 1018-02 INFOR No. 18ZN1026 Planning Commission Hearing Date: October 17, 2018 Applicant & Legal Description Owner: Southern Builders Co., LLC. Applicant: Southern Builders Co., LLC. Location Address: 10059, 10067, and 10075 Leopard Street Legal Description: 4.31 acres out of Lots 3, 4, and 5, Block 7, Highway Village No. 2, located on the south side of Leopard Street, west of Rand Morgan Road, and east of McKenzie Road. Zoning Request From: "RS -6" Single -Family 6 District To: "CG -2" General Commercial District Area: 4.31 acres Purpose of Request: To allow for the construction and operation of a mini - storage complex. Existing Zoning and Land Uses Existing Zoning District Existing Land Use _ Future Land Use Site "RS -6" Single -Family 6 Vacant High and Medium Density Residential North "CG -2" General Commercial Commercial and Low Density Residential Commercial and High Density Residential South "RS -6" Single -Family 6 Drainage and Low Density Residential Low Density Residential and Permanent Open Space East "RS -6" Single -Family 6 Low Density Residential Commercial and Medium Density Residential West "ON" Neighborhood Office and "RS -6" Single -Family 6 Professional Office and Low Density Residential Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for high and medium density residential uses. The proposed rezoning to the "CG -2" General Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Map No.: 060048 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 100 feet of street frontage along Leopard Street which is designated as an "A2" Secondary Arterial Street. According to the Urban Transportation Plan, "A2" Secondary Arterial Streets can convey a capacity between 20,000 to 32,000 Average Daily Trips (ADT). Staff Report Page 2 a § Lp tii Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Leopard Street "A2" Secondary Arterial 100' ROW 54' paved 160' ROW 99' paved 8,852 ADT (2014) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District to allow for the construction and operation of a mini -storage complex. Development Plan: The subject property is 4.31 acres in size and consists of three lots. The owner is proposing a mini -storage facility. The facility will consist of some climate controlled and some non -climate controlled building ranging in size. There would be approximately 48,000 square feet of building space with a maximum height of 20 feet. There will be an office as a part of one of the storage buildings or a standalone structure with 2 or 3 employees. The site would be developed as a single project with no phasing. The facility would be accessible by its tenants 9 hours per day, from 8 am to 5 pm. The south end of the site will be utilized for open storage of RV's and boats. Existing Land Uses & Zoning: The subject property is currently zoned "RS -6" Single - Family 6 District and consists of vacant land. The subject property was annexed in 1962 and has remained undeveloped. To the north across Leopard Street are properties zoned "CG -2" General Commercial District and "ON" Neighborhood Office District. The uses consist of some remaining single-family homes, small retail businesses, a restaurant, and other mini -storage complexes. To the south is a drainage creek and single-family homes (Highway Village 3, 1950) zoned "RS -6" Single -Family 6 District. To the east are some single-family residences and vacant properties zoned "RS -6" Single -Family 6 District and further to the east is an existing nonconforming home zoned "ON" Neighborhood Office District. To the west is a single-family residential neighborhood (Highway Village 2, 1949) zoned "RS -6" Single -Family 6 District and a property zoned "ON" Neighborhood Office District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "CG -2" General Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The proposed use is consistent with the following policies: • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) Staff Report Page 3 • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) Department Comments: • The proposed rezoning to the "CG -2" General Commercial District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The site totals 6.2 acres in size and the south 1.9 acres is covered by Turkey Creek and a tributary leaving approximately 4.3 developable acres. The elevation drops from 68 feet to 48 feet at the rear of the property that will remain unplatted and not a part of this rezoning. This remaining acreage will act as a buffer in addition to the drainage creek to any single-family residences located further to the south. • The facility would only be accessible by its tenants 9 hours per day, from 8 am to 5 pm and secured by an access gate. • The subject property is part of the Leopard Street commercial corridor which consists of commercial zoning including the "CG -2" General Commercial District between McKenzie Road and Rand Morgan Road. Planning Commission and Staff Recommendation (October 17, 2018): Approval of the change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. Vote Results: For: 3 Opposed: 2 Absent: 2 Abstained: 0 Public Notification Number of Notices Mailed — 29 within 200 -foot notification area 6 outside notification area As of October 12, 2018: In Favor — 2 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 1 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Staff Report Page 4 Attachments: A. Location Map (Existing Zoning & Notice Area) B. Preliminary Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2018\1018-02 Southern Builders Co., LLC\Council Documents\CC Report_1018-02 Southern Builders Co., LLC.docx Staff Report Page 5 f1 CG -2. ow 21 14 7 40 20 9 12 2 4 SUBJECT/ /PROPERTY 8 10 19 Odte Cr aled. 10(30/2018 Prepo,5 f By: Jetenly44 O panerent of Development Services CASE: 1018-02 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily RM -3 Multifamily 3 ON Professional Office RM -AT Multifamily AT CN -1 Neighborhood Commercial C14-2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Resort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural N Historic Overlay BP Ruklnesa Park IL Light Industrial 15 Heavyinduetrial PUD Planned Link Dev. Overlay R3-10 Single -Family 10 RS -6 Single -Family 55.4.5 Single -Fa m 41y 4.5 R5 -TF Two -Family RS -15 Single•Famlly 15 RE Residential Estate RS-TH Townhouse SP Special Permit RV' Recreational Vehicle Park RMH Manufactured ROMP n20Pmpedy 11 (h 200' buffer 02rfever 4 00441 wimin204'liste284 Dann atbched owaershpktk XSopposrton i SUBJECT g PROPERTY City of Corpus Christi Staff Report Page 6 Wal c m9 - CD3 4 co0) East =IA Staff Report Page 7 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department al least 48 hours in advance at (361) 826-3240 Personas con incapacidades, aue tienen la intention de asistir a este iunta v clue requieren servicios especiales, se les suplica oue den aviso 48 horas antes de la iunta Ilarnando al departamento de servicios de desarrolle al ni. mere (361) 820-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter bo present during the meeting Si usted desea diridrse a la commission durante la junta su innie5 os limitedo. favor de hamar d de2artamento de servicios de desarrolo al numero (361) 826-3240 a1 rienos 48 horas antes de la junta para solicitor un interprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1018-02 Southern Builders Co., LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District. resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 10059, 10067, and 10075 Leopard Street and 4.31 acres out of Lots 3, 4, and 5, Block 7, Highway Village No. 2, located on the south side of Leopard Street, west of Rand Morgan Road, and east of McKenzie Road, The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public heanng for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 17. 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. O. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning CommIsslon—Sy-Laws, no discussion shall be held by a membor or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person, by telephone call or by letter. Printed Name: 1 - Address: /W 5 J 1 174 X -IN FAVOR ( ) IN OPPOSITION REASON: SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1026 Property Owner ID. 13 City/State: C4J T Phone:) - 02, /.'-7e /1 Case No. 1018-02 Project Manager: Andrew Dimas Email: AndrewD2@cctoxas com Staff Report Page 8 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incapacidades. que tienen la intend¢n_ deasispr a esta tints y nue re9uieren serviclos especiales, se les suplica me den aviso 48 horas antes de la Punta Ilamando al deento de services de desarrotlo, al numero (361) 826 324 . If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an Interpreter be present during the meeting. Si usted desea dirigirse a la commkssion 4urante la junta v su inQlts es limitado, favor de Hamar ai departamento de servicios de desarrollo al numero 13611826-3240 al rnenos. 48 horaS antes de la iunta para solicitor un interprete ser presents durance la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1018-02 Southern Builders Co. LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District, resuking in a change to the Future Land Use Map. The property to be rezoned is described as: 10059, 10067, and 10075 Leopard Street and 4.31 acres out of Lots 3, 4, and 5, Block 7, Highway Village No. 2, located on the south side of Leopard Street, west of Rand Morgan Road, and east of McKenzie Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 17, 2018, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. Tb = • - •'- • LL r • , 5'c D BY THE CURRENT PROPERTY OWNER(S) AND F TL IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT. P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance whh the Planning Commission By -Laws, no discussion shalt be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal. either at home or office. or In persor.. by telephone call or by letter. Printed Name: Qr >a e r' ! L„ i-iD ic,a M b 6.'L,( 044 AJ, Cq ts6 4 't�'i' Address: City/State: ( FAVOR ( ) IN OPPOSITION Phone: 311— '60N J3 REASON: SEE MAP ON PEvERSE SIDE INFOR Case No.: 18ZN1026 Property Owner ID: 29 i Signature Case No. 1018-02 Project Manager: Andrew Dimas Ema,l: AndrewMacctexas.com Staff Report Page 9 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at (361) 826-3240. Personas con incePacldades. que tienen la intention de asistir a esta junta v oue requioren servicios especiales. se les suollca due den avAo 48 horas antes de la junta Ilamando al deoartamento de servicios de desarrollQ al nOmero (361) 826-3240. If you wish to address the Commission during the meeting and your English limited. please call the Development Services Department at (361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigiuse a la commission durance I iunta v su ingles es limitado. favor de Ilamar al deoartamento de servicios de desarrolo al numero (361) 826-$24Q al menos 48 horas antes de la junta para solicitar yin int$rprete ser oresente durance la 'unto. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 1018-02 Southern Builders Co., LLC. has petitioned the City of Corpus Christi to consider a charge of zoning from the "RS -6" Single -Family 6 District to the "CG -2" General Commercial District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: 10059, 10067, and 10075 Leopard Street and 4.31 acres out of Lots 3, 4, and 5, Block 7, Highway Village No. 2, located on the south side of Leopard Street, west of Rand Morgan Road, and east of McKenzie Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, October 17, 2018, during one of the Planning Commission's regular meetings, which begins al 5:30 p.m., In the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNERS) AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P 0 BOX 9277. CORPUS CHRISTI, TEXAS 78469- 9277, ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By -Laws, no discussion shah be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or off c., or In person, by telephone call or by letter. Printed Name: Address: {SD F 1. foo ( ) IN FAVOR VIN REASON: /6ee�. 'TO'r more r\" SIni Signature SEE MAP ON REVERSE SIDE INFOR Case No.: 18ZN1026 Property Owner ID:0 City/State: CC, TS( Phone: 6163-4 466 Case No. 1018-02 Project Manager. Andrew Dimas Email And rewD2Qcctexas.com Zoning Case #1018-02 Southern Builders Co., LLC. Rezoning for a Property at 10059, 10067, 10075 Leopard Street City Council Presentation November 27, 2018 Aerial Overview Subject Property at 10059, 10067, 10075 Leopard Street N At Vicinity Map FMI FM 24 1 !i. _ ‘-"S e FM 3386 • 14tMe�� fpm ry4 + (c) OpenStreetMap and contributors, Creative Con?nons-Share Alike License (CC -6Y -SA) 3 Zoning Pattern Staff Recommendation Approval of the "CG -2" General Commercial District Site Plan IL .V.,; -4 : _ - - . vi4bauorricluu.o- 1 Schematic Site Ran SGAuE7 1" So' 6 Public Notification 24 Notices mailed inside 200' buffer 6 Notices mailed outside 200' buffer Notification Area Opposed: 1 (0.00%) i In Favor: 2 15-8 Yi S a UDC Requirements Buffer Yards: CG -2 to RS -6 Type C: 15' & 15 pts. Setbacks: Street: 20 feet Parking: 1:1,000 GFA (Office) Landscaping, Screening, and Lighting Standards Uses Allowed: Multifamily, Retail, Offices, Vehicle Sales, Bars, and Storage Utilities SUDJECV • Water: 2 -inch PVC Line • Wastewater: Wastewater service is currently unavailable to the subject property. The closest available wastewater manhole is approximately 100 feet to the west along Leopard Street • Gas: 4 -inch Service Line • Storm Water: 14" Line AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 27, 2018 Second Reading for the City Council Meeting of December 4, 2018 DATE: October 31, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 3426 County Road 52 CAPTION: Case No. 1018-03 Rick's Homes, LLC: Request for rezoning property at or near 3426 County Road 52 from "FR" Farm Rural District to the "RS -6" Single -Family 6 District. PURPOSE: The purpose of this item is to allow for the construction of single-family homes. RECOMMENDATION: Planning Commission and Staff Recommendation (October 17, 2018): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS -6" Single -Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital lip Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 1018-03 Rick's Homes, LLC: Ordinance rezoning property at or near 3426 County Road 52 from the "FR" Farm Rural District to the "RS -6" Single -Family 6 District WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Rick's Homes, LLC. ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, October 17, 2018, during a meeting of the Planning Commission. The Planning Commission recommended denial of the change of zoning from the "FR" Farm Rural District to the "RS -6" Single -Family 6 District and on Tuesday, November 27, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Rick's Homes, LLC. ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as 19.372 acres out of Lots 7, Block 1, Nueces River Irrigation Park, located on the north side of County Road 52, east of County Road 69, and west of Interstate 69 (the "Property"), from "FR" Farm Rural District to the "RS -6" Single -Family 6 District (Zoning Map No. 067050), as shown in Exhibits "A" and "B". Exhibit A, is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\1018-03 Ricks Homes, LLC\Council Documents\Ordinance_1 018-03 Ricks Homes, LLC.docx Page 2 of 4 ARTL'RO MEDINA.RPLS. Exhibit A AM LAND SURVEYING P.O. Box 71094 Corpus Christi, TX 78467 Field Note Description September 6 2018 PRONE (361) 333-6317 FIRM RFGI3TRATION a 10194360 Being a tract of land situated in Nueces County, Texas a portion of the west one-half of Lot 7, Block 1, Nueces River Irrigation Park as show] on the map thereof recorded in Volume 'A', Page 54, of the Map Records of Nueces County. Texas and being more particularly descnbed by metes and hounds as follows BEGINNING at a found 518 inch iron rod with a yellow plastic cap marking "Bass & Welsh' in the north Right -Of -Way line of County Road 52. being the southeast corner of a 38.753 acre tract recorded under Document No.2013005193 of the Official Public Records of Nueces County. Texas and being the southwest corner of this tract: Whence North 84°53'1T West with the north Right -Of -Way line of County Road 52 a distance of 1127.22 feet to a 5/8 inch iron rod found with a yellow plastic cap marking "Bass & Welsh'. being in the east boundary line of Lot 5. Block 1, Nueces River Irrigation Park THENCE North 09`1T08" East with east boundary line of Lot 6, Bbck 1 Nueces River Irrigation Park a distance of 1501.75 feet to a 5/8 inch iron rod found with a yellow cap marking 'Bass & Welsh', being the south east comer of Lot 6. Block 5, River Ridge subdivision as shown on the map thereof recorded in Volume 51, Pages 38-39, of the Map Records of Nueces County, Texas. said comer being the northeast corner of Lot 6, Block 1, Nueces River Irrigation Park and being the northwest comer of this tract, WHENCE North 84`5231" West with the south boundary line of River Ridge subdivision and the north boundary line of Lot 6, Block 1, Nueces River Irrigation Park a distance of 1126.89 feet to a 5/8 inch iron rod found, being the northeast comer of Lot 5, Block 1, Nueces River Irrigation Park THENCE South 84°52'31° East with the south boundary line of a 5.630 acre tract and a 21.178 acre tract recorded under Document No.2004039803 of the Deed Records of Nueces County, Texas and being the south boundary line of Lot 2, Block 1, Nueces River Irrigation Park a distance of 563.45 feet to a 5/8 inch iron rod found with a yellow plastic cap marking "Buster. being the northwest comer of 1.138 acres recorded under Volume 2193. Page 89 of the Deed Records of Nueces County, Texas. said point being the northeast comer of this tract THENCE South 09°1 T08' West with the west boundary line of the east one-half of Lot 7, Block 1. Nueces River Irrigation Park and being the west boundary line of a 15.874 acre tract recorded under Document No2011022769 of the Deed Records of Nueces County. Texas a distance of 1501.44 feet to a 1/2 inch iron rod found with a yellow plastic cap marking "CDS' in the north Right -Of -Way line of County Road 52, being the southwest corner of the 15.874 acre tract, said pont being the southeast corner of this tract; THENCE North 84`54'23" West with the north Right -Of -Way line of County Road 52 a distance of 563.47 feet to the POINT OF BEGINNING, forming a tract enbracmg 843.843 square feet (19.372 acres) AV LAND SURVEYING AIrn1RO MEDIA REGISTERED PRLFESSIOVAL LAND SJRVEVOR 6609 Note: Beamgs are State of Texas. Lambert Gnd. South Zone NAD. 1983- 7SC76-Field Note Descriptcr .c EXHIBIT "A" Page -a#2 Page 3 of 4 Exhibit B LOT 4 zocE VOL 51. 35•.!u Y. N LCT 5 L • r 1 0040 EASF]!NT Kt 1967. ++0 415. QA4.C.T, / 30' KMO £ASL14DNT 001. 1967. PC 410, OAN.CT. 5/r1)..••. ••• r..• .11• a1 38,753 ACRES DOC#2013005193 O.P.R.N.C_T. • IK . TMC, a 4r. 9,_4= 01 N_Ua CAMIt. 1041 ♦ '.;•1rN Cr M OMT O' -WV :r *LFII 1014511)10 Nat M 411014 ON M Y' TIQD:r 100N00 WI..MC ♦. •M2 51. 011K WV ID7Ux OP Y..1X3 RAPT, TC4! M0 IOW 14 NNT'OIMV 01:5c41241 0' N0ES 1.O IIOWO5 90 Pact OF lit 915& OF EVAN. B 5216 w T.... 11.1.,1 *n! Salt, Ia.. WAD. 1963 9Que 1,410V 641E 4/9/3510 wti'tEie1 710 s r. ANI yr 1.,••• r•M• WS%• r4.wQ1 ..••y 1.1W N.RY[YI'Al Mf 1.121.51 w O J 0 )ANC.T. S84'52'31'E 1 563.45' ,i]00µ,43124..1 fo: j 1A' M Sof Food •M • . .'..7 .1. , CL1.4 i N Uli1.S7T11a.RMT!4 = _ r50' PIPELINE RICM-Or-NAY VOL 6.4. PC 356, D.R.N.C,T, — — —ORARACE-fASEUEIr VOL 1978, PG 450. D R,N.0 T. r- 150' C P.8L TRANSMISSION UNE EASEMENT VOL 1459, PG. 1003, D.R_N.C.T. CPL EASEMENT DOC# 882695 OR.N.0 T. GROSS 843843 Sa.Ft. 19,372 Acres NET 675111 Sq Ft. 15.498 Acres TEXAS EASTERN TRANSW SSION CORPORATION RCM Of WAY CASEMENT{BLANk0T; VOL 760, PC. 208, D_kk.N.0 T. AEP EASEMENT 000/ 2014021841 0.R N.C.T N84'54'23'W 563.47' 0I n R.O.W. ACOUWTON j +p- r. M rw ..w • TAT 2002020616 0 9.9.0 I » m.M.• CR. 52 Page 4 of 4 PLANNING COMMISSION FINAL REPORT Case No. 1018-03 INFOR No. 18ZN1025 Planning Commission Hearing Date: October 17, 2018 Applicant & Legal Description Owner: Ricks Homes, LLC. Applicant: Munoz Engineering, LLC. Location Address: 3426 County Road 52 Legal Description: 19.372 acres out of Lots 7, Block 1, Nueces River Irrigation Park, located on the north side of County Road 52, east of County Road 69, and west of Interstate 69. Zoning Request From: "FR" Farm Rural District To: "RS -6" Single -Family 6 District Area: 19.372 acres Purpose of Request: To allow for the construction of single-family homes. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Medium Density Residential North "RS -6" Single -Family 6 and "CG -2" General Commercial Vacant Medium Density Residential South Outside City Limits Vacant Planned Development East "FR" Farm Rural Vacant Medium Density Residential West "RS -6" Single -Family 6 Vacant Medium Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Northwest Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the "RS -6" Single -Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 067050 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 578 feet of street frontage along County Road 52 which is designated as an "A2" Secondary Arterial Street. According to the Urban Transportation Plan, "A2" Secondary Arterial Streets can convey a capacity between 20,000 to 32,000 Average Daily Trips (ADT). Staff Report Page 2 a• Lp 0 e: Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume County Road 52 "A2" Secondary Arterial 100' ROW 54' paved 57' ROW 40' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "FR" Farm Rural District to the "RS -6" Single -Family 6 District to allow for the construction of single-family homes. Development Plan: The subject property is 19.372 acres in size. The owner is proposing a single-family residential subdivision. Existing Land Uses & Zoning: The subject property is currently zoned "FR" Farm Rural District and consists of vacant land. The subject property was annexed in 1995 and has remained undeveloped. To the north is a single-family residential subdivision (River Ridge) zoned "RS -10" Single -Family 10 District. Additionally, there are vacant lots zoned "RS -6" Single -Family Residential and a property zoned "CG -2" General Commercial District and consists of the Corpus Christi Medical Center -Northwest Regional Hospital. To the south are vacant Tots located outside the City limits. To the east are vacant unplatted lots zoned "FR" Farm Rural District. To the west are vacant unplatted lots zoned "RS -6" Single -Family District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Northwest Area Development Plan (ADP). The proposed rezoning to the "RS -6" Single -Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC) and with the following policies: • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1) • Encourage residential infill development on vacant Tots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3) Staff Report Page 3 Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. Planning Commission and Staff Recommendation (October 17, 2018): Approval of the change of zoning from the "FR" Farm Rural District to the "RS -6" Single - Family 6 District. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Public Notification Number of Notices Mailed — 7 within 200 -foot notification area 7 outside notification area As of October 12, 2018: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES\2018\1018-03 Ricks Homes, LLC\Council Documents\CC Report_1018-03 Ricks Homes, LLC.docx Staff Report Page 4 CASE: 1018-03 ZONING & NOTICE AREA ]M Prore[[ionei orrbe dal -Ai RHffaila AT 7 i.1 NN -Y R-1 1R-2 V-1 cm -x 3R -E 'R 1Nlphhorhood Comm'. raY1 1Nlphhorhond Conn* r.Y1 Rewrl Comm•rolal Row rl Conn•rolal naerrconn•my Omer.. Conn•mr Inbn rlv Conn• 1.1[1 6owel•wn Conn•rolal Re so Conn•rolal Fenn Rural - now lay -._ IL ugltlnduailm P ▪ uo Planned Ural Oax Ovrti Ra -10 lt10IFFanry 10 • IF01..Faify • Ifi4I0-Fa1 4.6 RI -TF Two-Fanry RI -16 If1010-F..1 E. 10 RE Mrltl•0WIE[IYI• R6 TH TOW 15I1.0Ire PP. tfeolai Pormf RV r6[0eail0nal VOOicb Aare RMIH Ranulaolured Hon{ FE, ]00 hYRr 0 -{, M Or�tx 4 Denvs on?, 1, iy q an X�N{S �{_'ea pm•N'T ,'h'e r .kyls':b? Zoning Case #1018-03 Rick's Homes, LLC. Rezoning for a Property at 3426 County Road 52 City Council Presentation November 27, 2018 Aerial Overview rit•stz• •rit o elm/0 0 a C©O(OgR- � . OuqAdG, Cao Lheiaa 2 Subject Property at 3426 County Road 52 IGlllity a } N At w 2+ (9 O StreetMap and contributcrs, • nre Corrn/nomShareAlice • liSnse (OC -9Y -SA) 3 CO=2 'SEA i -g0 , stifiTTA 4 0 Zoning Pattern te5 R2=0 No �C64° /©iry: ©oamy Road 52 Cueed Cfray Urriab 11000 Staff Recommendation Approval of the "RS -6" Single -Family 6 District Public Notification 7 Notices mailed inside 200' buffer 7 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 6 UDC Requirements Buffer Yards: FR to RS -6 N/A Setbacks: Street: 25 feet Parking: 2 per dwelling unit Uses Allowed: Single -Family Homes, Home Occupations, Group Homes. Utilities • Water: 8 -inch ACP Line • Wastewater: Wastewater service is currently unavailable to the subject property. The closest available wastewater manhole is approximately 1,100 feet to the northwest. • Gas: 2 -inch Service Line • Storm Water: Road side drainage AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of November 27, 2018 Second Reading for the City Council Meeting of December 4, 2018 DATE: October 31, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Rezoning property at or near 6502 and 6630 Agnes Street CAPTION: Case No. 0318-02 Hooten Family Trust A: Request for rezoning property at or near 6502 and 6630 Agnes Street from "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with conditions. PURPOSE: The purpose of this item is to allow for the construction of a U.S.-to-Mexico gasoline and diesel fuel transshipment center with attached bulk storage terminal. SUMMARY: This item was previously heard by the City Council on June 12th and June 26th. The City Council tabled the item and requested to send the case back to the Planning Commission for additional review. Since then, several discussions have occurred with the applicant, City staff, and outreach to the Federal Aviation Administration (FAA). Based on these discussions, the central issue has surrounded the terms and conditions of the Avigation and Hazard easement obtained by the Corpus Christi International Airport (CCIA) in 2012. The purpose of the Avigation and Hazard easement is to protect and enforce the requirements of the Runway Protection Zone (RPZ). Additionally, the easement limits the potential uses that can be established to prevent negative interaction with flight operations. In response to protecting the terms and conditions of the Avigation and Hazard Easement, the applicant has revised the site plan to exclude development within the Avigation and Hazard Easement. In addition the Special Permit conditions have been revised to reflect this change. Subsequently, the modified Planning Commission recommendation (October 17, 2018) now complies with the terms of the Avigation and Hazard Easement. Additionally, the applicant has received a finding of "no hazard" from the FAA. RECOMMENDATION: Planning Commission Recommendation (October 17, 2018): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is the wholesale storage and transfer of petroleum based products.. No spherical tanks are permitted. All construction including the above ground fuel storage tanks shall be consistent with the attached site plan (Exhibit C), subject to adjustment as may be required to obtain a determination of no hazard to air navigation and/or flight operations to/from the Corpus Christi International Airport (CCIA) from the Federal Aviation Administration (FAA). 2. Fire Department Approval: Development of the Property, including the storage of fuels and blending agents, shall comply with all Fire safety regulations. 3. Storm Water Detention: a. The Owner shall construct and maintain necessary storm water facilities designed to a 25 -year storm event in a manner that prevents water from standing for longer than 48 hours after the storm and shall remain completely dry between storms. Any storm water conveyance that traverses the Avigation and Hazard Easement shall be a concrete lined open channel. Any storm water detention and conveyance that is a wildlife attractant is prohibited. b. Prior to obtaining building permits or beginning any construction, a Wildlife Hazard Study by a Wildlife Biologist indicating that the proposed storm water facilities in the site plan (Exhibit C) do not increase the potential of a wildlife strike to an aircraft in the approach and departure patterns of runway 18-36 must be submitted to the City's Director of Aviation. 4. Federal Aviation Administration (FAA): Prior to obtaining building permits or beginning any construction, a Notice of Proposed Construction or Alteration (Form 7460) shall be submitted and a determination rendered by the FAA of no hazard to air navigation and/or flight operations to/from the Corpus Christi International Airport (CCIA) regarding any construction at the site including each structure, tank, rail line, road, detention pond, lights, or temporary structures such as construction cranes on site. 5. Corpus Christi International Airport (CCIA) Hazards: a. Height: The maximum height of any structure shall not exceed a 62.5:1 slope from the end of the nearest runway. b. Lighting: All lighting shall be shielded toward the site and shall not conflict with airport flight operations. c. Other Airport Hazards: No use or activity shall create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. 6. Landscaping and Screening: Due to the potential of attracting hazardous wildlife, landscaping of the property is not required. Any landscaping on the property cannot use any plants that will be a wildlife attractant. FAA Advisory Circular 150/5200-33B states that wildlife attractants must be at least 10,000 feet from the airport perimeter. 7. Land Use Compatibility in Runway Protection Zone: Excluding ground level rail, no structures including lighting may be constructed in the Runway Protection Zone of the Corpus Christi International Airport, as identified by FAA Advisory Circular AC 150/5300-13A. 8. Aviqation and Hazard Easement: This ordinance does not waive any rights or authorize or grant any permissions to deviate from the conditions of the Avigation and Hazard Easement granted by the owner to the City. Owner and owner's successors and assigns are still obligated to comply with all requirements of the Avigation and Hazard Easement. 9. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 10.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted. The Special Permit shall expire if the use is discontinued for more than six consecutive months. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 ALTERNATIVES: 1. Deny the request. OTHER CONSIDERATIONS: The Corpus Christi International Airport (CCIA) has an aviation and hazard easement within the subject property. Based on the language of the easement, rail cars are not allowed to park within the area of the easement and must be parked far enough to the north of the Approach Light System so that the light plane is not impacted by the rail cars or engines. CONFORMITY TO CITY POLICY: The subject property is located within the boundaries of the Corpus Christi Airport Area Development Plan formerly a part of the Port/Airport/Violet Area Development Plan. The proposed rezoning to the "IL/SP" Light Industrial District is consistent with the adopted Comprehensive Plan (Plan CC). EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal and Planning Commission FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital 11ap Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0318-02 Hooten Family Trust A: Ordinance rezoning property at or near 6502 and 6630 Agnes Street from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with conditions. WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application of Hooten Family Trust A ("Owner"), for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held on Wednesday, April 18, 2018, during a meeting of the Planning Commission. The Planning Commission recommended approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with conditions and on Tuesday, June 12, 2018, during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve the public health, necessity, convenience and general welfare of the City of Corpus Christi and its citizens. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Upon application made by Hooten Family Trust A ("Owner"), the Unified Development Code ("UDC") of the City of Corpus Christi, Texas ("City"), is amended by changing the zoning on a property described as being a 145.15 Acre Tract of Land, comprised of portions of Tracts 1 and 2 of the 456.80 Acre V.M. Donigan Partition out of Sections 6 and 7, Range VI, H. L. Kinney Sectionized Lands, as referenced in a Partition and Settlement Deed, recorded in File Number 320003, Volume 501, Page 228, Deed Records of Nueces County, Texas and a 91.36 Acre Tract of Land, being all of a 91.56 Acre Tract of Land as referenced in a Partition and Settlement Deed, recorded in File Number 320003, Volume 501, Page 228, Deed Records of Nueces County, Texas, located on the north side of Agnes Street (State Highway 44), west of Hopkins Road, and east of Bronco Road. (the "Property"), from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with conditions (Zoning Map No. 054044), as shown in Exhibits "A" and "B". Exhibit A, which is a metes and bounds description of the Property, and Exhibit B, which is a map to accompany the metes and bounds, are attached to and incorporated in this ordinance by reference as if fully set out herein in their entireties. SECTION 2. The Special Permit granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is the wholesale storage and transfer of petroleum based products.. No spherical tanks are permitted. All construction including the above ground fuel storage tanks shall be consistent with the attached site plan (Exhibit C), subject to adjustment as may be required to obtain a determination of no hazard to air navigation and/or flight operations to/from the Corpus Christi International Airport (CCIA) from the Federal Aviation Administration (FAA). 2. Fire Department Approval: Development of the Property, including the storage of fuels and blending agents, shall comply with all Fire safety regulations. 3. Storm Water Detention: a. The Owner shall construct and maintain necessary storm water facilities designed to a 25 -year storm event in a manner that prevents water from standing for longer than 48 hours after the storm and shall remain completely dry between storms. Any storm water conveyance that traverses the Avigation and Hazard Easement shall be a concrete lined open channel. Any storm water detention and conveyance that is a wildlife attractant is prohibited. b. Prior to obtaining building permits or beginning any construction, a Wildlife Hazard Study by a Wildlife Biologist indicating that the proposed storm water facilities in the site plan (Exhibit C) do not increase the potential of a wildlife strike to an aircraft in the approach and departure patterns of runway 18-36 must be submitted to the City's Director of Aviation. 4. Federal Aviation Administration (FAA): Prior to obtaining building permits or beginning any construction, a Notice of Proposed Construction or Alteration (Form 7460) shall be submitted and a determination rendered by the FAA of no hazard to air navigation and/or flight operations to/from the Corpus Christi International Airport (CCIA) regarding any construction at the site including each structure, tank, rail line, road, detention pond, lights, or temporary structures such as construction cranes on site. 5. Corpus Christi International Airport (CCIA) Hazards: a. Height: The maximum height of any structure shall not exceed a 62.5:1 slope from the end of the nearest runway. b. Lighting: All lighting shall be shielded toward the site and shall not conflict with airport flight operations. c. Other Airport Hazards: No use or activity shall create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. 6. Landscaping and Screening: Due to the potential of attracting hazardous wildlife, landscaping of the property is not required. Any landscaping on the property cannot use any plants that will be a wildlife attractant. FAA Advisory Circular 150/5200-33B states that wildlife attractants must be at least 10,000 feet from the airport perimeter. 7. Land Use Compatibility in Runway Protection Zone: Excluding ground level rail, Page 2 of 13 no structures including lighting may be constructed in the Runway Protection Zone of the Corpus Christi International Airport, as identified by FAA Advisory Circular AC 150/5300-13A. 8. Aviqation and Hazard Easement: This ordinance does not waive any rights or authorize or grant any permissions to deviate from the conditions of the Avigation and Hazard Easement granted by the owner to the City. Owner and owner's successors and assigns are still obligated to comply with all requirements of the Avigation and Hazard Easement. 9. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 10.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted. The Special Permit shall expire if the use is discontinued for more than six consecutive months. SECTION 3. The official UDC Zoning Map of the City is amended to reflect changes made to the UDC by Section 1 of this ordinance. SECTION 4. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011, and as amended from time to time, except as changed by this ordinance, both remain in full force and effect. SECTION 5. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 6. All ordinances or parts of ordinances specifically pertaining to the zoning of the Property and that are in conflict with this ordinance are hereby expressly repealed. SECTION 7. Publication shall be made in the City's official publication as required by the City's Charter. Page 3 of 13 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor Page 4 of 13 Exhibit A LEURBAN FNOINLEnI .0 145.15 Acre Tract (Gross) 137.54 Acres (Net) STATE OF TEXAS COUNTY OF NUECES Job No. 41316.138.00 March 22, 20I 8 Fieldnotes, for a 145.15 Acre Tract of Land. comprising of portions of Tracts 1 and 2 of the 456.80 Acre V.M. Donigan Partition out of Sections 6 and 7, Range VI, H. L. Kinney Sectionized Lands, as referenced in a Partition and Settlement Decd, recorded in File Number 320003, Volume 501, Page 228. Deed Records of Nueces County, Texas; said 456.80 Acre V.M. Donigan Partition shown by map, made by Blucher Engineering Co. dated January 1951, recorded in Volume 1, Page 49. Miscellaneous Map Records of Nueces County, Texas, of which, said 145.15 Acre Tract encompassing a portion of Hopkins Road, an undedicated public roadway; said 145.15 Acre Tract also being the same lands described as a 145.18 Acre Tract of Land, described in a Deed Without Warranty from William D. Walker, Personal Representative of the Estate of Mazie P. Walker, et al to John P. Ilooten, Trustee of the Hooton Family Trust A INT/D May 4, 1984, recorded in Document No. 2014037242. Official Public Records of Nueces County, Texas: the said 145.15 Acre Tract being more fully described as follows: Beginning at a 60d Nail Found, on the North Right -of -Way Line of a 100.00 Foot Wide Texas Mexican Railroad, for the Southeast corner of a 91.390 Acre Tract of Land described in Special Warranty Deed from The Frost National Bank. Independent Executor of the Estate of Charles Varian Walker, Deceased to John Paul Hooten, Trustee of 'The Hooten Family Trust, recorded in Document No. 2007061484, said Official Public Records, for the Southwest comer of the said 145.18 Acre 'I Tact, and this Tract: Thence, North 00°48'22" West, with the common boundary line of Tracts 2 and 3, of the said 456.80 Acre V.M. Donigan Partition, the said 91.390 Acre Tract and 145.18 Acre Tract. 4318.41 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set, for the Southwest corner of an 18.80 Acre Tract of the said Tract 2 of the V.M. Donigan Partition, described as Tract 11 in Special Warranty Deed from Corpus Christi Nasional Bank to Basic Equipment Co., recorded in Volume 2358, Page 892, Official Public Records of Real Property of Nueces County, Texas, and for the Northwest corner of the said 145.15 Acre Tract and this Tract, from Whence, a 1-1/2 Inch Iron Pipe Found, bears North 75°25'01" East, 2.09 Feet. also from Whence, a 1.114 Inch Iron Pipe Found, bears North 00°48'22" West, 1 1 17.53 Feet; Thence. North 89°16'06" East, with the South boundary line of the said Tract 11 and an 18.75 Acre Tract of the said Tract 1 of the said 456.80 Acre V.M. Donigan Partition, described as Tract 1 in said Volume 2358. Page 892, Official Public Records of Real Property of Nueces County, Texas, the North boundary line of the said 145.18 Acre Tract and this Tract, 1469.07 Feet, to a 5/8 Inch Iron Rod Found, for thc Southwest corner of Lot I -R, Block 2, Industrial Heights Section 2, a map of which is recorded in Volume 66, Pages 34-35. Map Records of Nueces County, Texas, the Southeast corner of the said 18.75 Acre 'tract, and for the Northeast corner of the said 145.18 Acre Tract and this Tract; from Whence. a 5.8 Inch Iron Rod Found, bears North 89°15'24" East, 1618.14 Feet; Thence, South 00°45'12" East. with the East boundary line of the said Tract 1 of the said 456.80 Acre V.M. Donigan Partition and the said 145.18 Acre Tran, at 3704.91 Fcct, pass a MAU Nail with washer stamped "URBAN ENGR. C.C.TX" Set, in the existing Hopkins Road (Unrecorded) for thc Northeast comer of a 6.74 Acre Tract (surveyed same date), at 3736.92 Feet pass a 5/8 Inch Iron Rod Found, for the Northwest corner of a 21.35 Acre Tract described in a Deed from Isabel B. Weil Goodstein (formerly Isabel B. Weil), Individually and as Independent Executrix of the Estate of Lewis E. Weil, deceased. Michael M. Weil, Peter 11. Weil, Kathleen Carol Weil Holtzman and Gerald T. Holtzman to The Texas Mexican Railway, recorded in Volume 1606, Page 379, Deed Records of Nueces County. Texas, in all 4301.15 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set. on the said North Right -of -Way Line of The Texas Mexican Railroad, for the Southeast corner of the said 145.18 Acre Tract this Tract; from Whence, a 518 Inch Iron Rod with red plastic cap stamped S:\Surveying14131 6188001OFFICEIMETES AND BOUNDWN41316B800_20180322_ 145.15ACRES_Xg. DocxPage 1 of 4 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www,urhatteng.uhm TAPE Firm # 145 • TBPLS Finn H 10032400 Page 5 of 13 Exhibit A "URBAN ENGR CCTX" Found, for the Southeast corner of the said 21.35 Acrc Tract, bears North 88'35'36" East, 1650.56 Feet; Thence, South 88°35'36" West, with the North Right -of -Way line of the said 100.00 Foot Wide Texas Mexican Railroad, thc South boundary line of the said 145.18 Acrc Tract. and the South boundary lines of said Tracts I and 2, of the said 456.80 Acre V.M. Donigan Partition, the said North Right -of -Way Line, at 521.59 Feet, pass a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set. in the said existing I lopkins Road (Unrecorded), for thc Southwest corner of the said 6.74 Acre Tract, in all 1465.19 Feet. to the Point of Beginning, containing 145.15 Acres (6,322.826 Sq.Ft.) of Land, more or less. SAVE and EXCEPT a 0.87 Acre Tract of Land, comprising of a 0.19 Acre Tract and a 0.68 Acre Tract, both described in Special Warranty Deed from Wanda Theresa Laughlin, individually and as Executor of the Estate of William Taylor 1.aughlin, deceased. and Tina Laughlin Henry, to thc City of Corpus Christi, recorded in Document Number 2012033997, Official Public Records of Nueces County, Texas. SAVE and EXCEPT a 6.74 Acre rract of Land. being a portion of and surveyed concurrently with the aforementioned 145.15 Acre Tract. Gross Acreage 145.15 Acres and a Net Acreage of 137.54 Acres Save and Except 0.87 Acres Fieldnotes, for a 0.87 Acre Tract of Land out of Tracts 1 and 2, of the 456.80 Acre V.M. Donigan Partition out of Sections 6 and 7, Range VI, Li. L. Kinney Scctionized Lands. as referenced in a Partition and Settlement Deed, recorded in File Number 320003, Volume 501, Page 228, Deed Records of Nueces County. Texas; said 456.80 Acre V.M. Donigan Partition shown by map, made by Blucher Engineering Co. dared January 1951, recorded in Volume 1, Page 49, Miscellaneous Map Records of Nueces County, Texas; said 0.87 comprising of a 0.19 Acre Tract and a 0.68 Acre'I race, both described in Special Warranty Deed from Wanda Theresa Laughlin. individually and as Executor of the Estate of William Taylor Laughlin. deceased, and Tina 1.aughlin Henry, to the City of Corpus Christi, recorded in Document Number 2012033997, Official Public Records of Nucccs County, Texas: the said 0.87 Acre Tract being more fully described as follows: Commencing at a 60d Nail Found, on the North Right -of -Way Line of a 100.00 Foot Wide 'texas Mexican Railroad. for the Southeast corner of a 91.390 Acre Tract of Land described in Special Warranty Deed from 'fhe Prost National Bank. Independent Executor of the Estate of Charles Vartan Walker, Deceased to John Paul Hooten, Trustee of The Hooten Family Trust, recorded in Document No. 2007061484, said Official Public Records, for the Southwest comer of a 145.18 Acre Tract of Land, in a Deed Without Warranty from William D. Walker, Personal Representative of the Estate of Mazie P. Walker, et al to John P. Hooten, Trustee of the Hooten Family Trust A U/T/D May 4. 1984, recorded in Document No. 2014037242, Official Public Records of Nueces County, Texas: Thence, North 00°48'22" West, with the common boundary line of Tracts 2 and 3, of the said 456.80 Acre V.M. Donigan Partition. the said 91.390 Acre Tract and said 145.18 Acre Tract, 451.20 Feet, to a 518 Inch Iron Rod with rcd plastic cap stamped "URBAN ENGR CCTX" Set, for thc Point of Beginning and Southwest comer of this Tract; Thence, North 00°48'22" West, continuing with the common boundary line of Tracts 2 and 3, of the said 456.80 Acre V.M. Donigan Partition. and the said 91.390 Acre Tract and 145.18 Acre Tract, 40.00 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set, for the Northwest corner of this Tract; Thence. nver and arrncc the cam I4t 1 t Acre. 'frac[ and Tracts 1 and 1 of the said 456.80 Acre V.M. Doniupn Partition as follows: • North 88°38'2r' East, 200.01 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR OLTX" Set; S:LSurveying1413I6188001OFFICEIMETES AND BOUNDS\FN41316B800_20180322_ 145.1SACRES_Xg.DocxPage 2 of 4 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 www.urbaneng.com TBPE, Finn # 145 • TBPLS Finn 4 10032400 FAX (361)854-6001 Page 6 of 13 Exhibit A • South 67°36'34" East, 136.57 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set • North 88°38'28" East, 616. 79 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set, for the Northeast corner of this Tract and beginning of a non -tangent curve to the Left having a delta of 07°4636", a Radius of 312.94 Feet, an arc length of 42.47 Feet. and a chord which bears South 18'10'16" West, 42.44 Feet; • with said non -tangent curve to the Left, an arc length of 312.94 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set, for the Southeast comer of this Tract; • South 88°38'28" West, 611.01 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set; • North 67°36'34" West, 136.57 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set; Thence, South 88°38'28" West, 191.99 Feet, to the Point of Beginning, containing 0.87 Acres (37,837 Sq.Ft.) of Land, more or Tess. Save and Except 6.74 Acres Fieldaotes, for a 6.74 Acre Tract of Land, out of Tract 1, of the 456.80 Acre V.M. Donigan Partition out of Sections 6 and 7. Range VI. H. L. Kinney Sectionized Lands, as referenced in a Partition and Settlement Deed, recorded in File Number 320003. Volume 501, Page 228, Deed Records of Nueces County, Texas; said 456.80 Acre V.M. Donigan Partition shown by map, made by Blucher Engineering Co. datcd January 1951. recorded in Volume 1. Page 49. Miscellaneous Map Records of Nueces County, Texas and a 145.18 Acre Tract of Land, described in a Deed Without Warranty from William D. Walker, Personal Representative of the Estate of Mazie P. Walker, et al to John P. Hooten, frustcc of the I loosen Family Trust A UFTID May 4, 1984, recorded in Document No. 2014037242, Official Public Records of Nueces County. Texas: the said 6.74 Acrc Tract being more fully described as follows: Commencing at a 60d Nail Found. on the North Right -of -Way Line of a 100.00 Foot Wide Texas Mexican Railroad, for the Southeast corner of a 91.390 Acre Tract of Land described in Special Warranty Deed from The Frost National Rank, Independent Executor of the Estate of Charles Vartan Walker, Deceased to John Paul Hooten, Trustee of The Hootcn Family Trust, recorded in Document No. 2007061484, said Official Public Records, for the Southwest comer of the said 145.18 Acrc Tract; Thence, North 88°35'36" East, with the said North Right -of -Way Line, the South boundary line of the said 145.18 Acre Tract, 943.60 Feet, to a MAG Nail with washer stamped "URBAN ENGR. C.C.TX" Set, in the existing Hopkins Road (Unrecorded), for the Point of Beginning and Southwest comer ofthis Tract; Thence, North 01°24'24" West, 296.20 Feet, to a MAG Nail with washer stamped "URBAN ENGR. C.C.TX" Set, in the existing Hopkins Road (Unrecorded), for a corner of the said 6.74 Acre Tract, and for thc beginning of a circular curve to the Right having a delta of 90°00'00", a Radius of 300.00 Feel, an arc length of 471.24 Feet, and a chord which bears North 43°35'36" East, 424,26 Feet; Thence with said circular curve to the Right, an arc length of 471.24 Feet, to a MAO Nail with washer stamped "URBAN ENGR. C.C.TX" Set, in the existing Hopkins Road (Unrecorded). for a comer of this Tract; Thence. North 88°35'36" East, 228.39 Feet. to a MAG Nail with washer stamped "URBAN ENGR. C.C.TX" Set, on the East boundary line of the said 145.18 Acrc Tract. in the existing I Iopkins Road (Unrecorded), for thc Northeast comer of this Tract; Thence, South 00°45'12" East, with the East boundary line of the said 145.18 Acre Tract, al 32,00 Feet, pass a 5/8 Inch Iron Rod Found, for the Northwest comer of a 21.35 Acre Tract described in a Decd from Isabel 13. Weil Goodstein (formerly Isabel 13. Weil), Individually and as Independent Executrix of the Estate of Lewis F. Weil, deceased, Michael M. Weil, Peter H. Weil, Kathleen Carol Weil Holtzman and Gerald T. Holtnnan to thc Texas Mexican Railway. recorded in Volume 1606, Page 379, Deed Records of Nueces County, Texas, in all 596.24 Feet, to a 51 Inch Iron Rod with red plastic cap stamped "URBAN S:1Surveying\41316U38001OFFIC EIMETES AND BOUNDS1FN4131613800_20180322_ 145.15ACRES_Xg.DocxPage 3 of 4 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854.6001 www,erhanc:n cum TBPE, Firm if 145 • TBPLS Firm p 10032400 Page 7 of 13 Exhibit A ENGR CCTX" Set, on the said North Right -of -Way Line of the Texas Mexican Railroad, for the Southeast comer of the said 145.18 Acre Tract and this Tract; Thence. South 88°35'36" West, with the said North Right -of -Way Line, and the South boundary line of the said 145.18 Acre Tract, at 521.59 Feet, to the Point of Beginning, containing 6.74 Acres (293,684 Sci.Ft.) of Land, more or Tess. 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, scal and signature, appears in its entirety, in i original form, surveyo/ assumes no responsibility for its accuracy. Also reference accompanying sketch of ircret described he ells f\ N ENGINE :RI Vitt 611 James D. Carr, R.P.L.S, License No. 6458 S:LSurveying' 13 I61B8001OFFICEIMETES AND 13OUNDS\FN41316B800_20180322_ 145.15ACRES_Xg.DocxPage 4 of 4 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbaneng.com TBPE, Firm # 145 • TBPLS Firm # 10032400 Page 8 of 13 Exhibit A LEURBAN ENGINEERING 91.36 Acre Tract (Gross) 89.68 Acres (Net) STATE OF TEXAS COUNTY OF NUECES Job No. 41316.138.00 March 22, 2018 Fieldnotes, for a 91.36 Acre Tract of Land, being all of Tract 3 of the 456.80 Acre V.M. Donigan Partition out of Sections 6 and 7, Range VI, H. L. Kinney Sectionized 1.ands, shown by map, made by Blucher Engineering Co. dated January 1951, recorded in Volume 1, Page 49, Miscellaneous Map Records of Nueces County, Texas; same being all of a 91.56 Acrc Tract of Land as referenced in a Partition and Settlement Deed. recorded in File Number 320003, Volume SOL Page 228. Deed Records of Nueces County, Texas; also being the same lands described as a 91.390 Acre Tract of Land, described in a Special Warranty Deed from The Frost National Bank, Independent Executor of the F.state of Charles Varian Walker, deceased, to John P. Hooton, Trustee of the Hooten Family Trust. recorded in Document No. 2007061484, Official Public Records of Nueces County, Texas: the said 91.36 Acre Tract being more fully descrihed as follows: Beginning at a 60d Nail Found, on the North Right -of -Way I.ine of a 100.00 Foot Wide Texas Mexican Railroad, for the Southwest corner of a 145.18 Acre Tract, described in a Deed Without Warranty from William D. Walker, Personal Representative of the Estate of Mazie P. Walker, et al to John P. I looten, Trustee of the Hooten Family Trust A lllf/D May 4, 1984, recorded in Docutrtent No. 2014037242, Official Public Records of Nueces County, Texas, for the Southeast corner the said 91.390 Acre Tract. and this Tract: Thence, South 88'35'36" West, with the said North Right -of -Way Line, the south boundary line of Tract 3. of the said 456.80 Acre V.M. Donigan Partition, and the said 91.390 Acre Tract, 730.59 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set, for the Southwest comer of this Tract, from Whence, a I Inch Iron Pipe Found, for the Southwest corner of Tract 5, of the said 456.80 Acrc V.M. Donigan Partition. bears South 88°35'36" West. 1457.50 Feet: Thence, North 00°49'08" West. with thc common boundary of Tracts 3 and 4, of the said 456.80 Acre V.M. Donigan Partition. the West boundary line of the said 91.390 Acre Tract, at 0.67 Feet, pass a 60D Nail Found, in all 5449,63 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set, for the Northwest coma of this Tract, from Whence. a I-114 Inch Iron Pipe Found, for the Northwest corner of the said Tract 4, of the said 456.80 Acre V.M. Donigan Partition. bears South 89°39'56" West, 729.78 Feet; Thence. North 89°39'56" East, with thc North boundary line of the said 91.390 Acre Tract, of the said 456.80 Acre V.M. Donigan Partition, 731.79 Feet, to a 1-1/4 Inch Iron Pipc Found. for the Northwest corner of an 18.80 Acre Tract of the said Tract 2 oldie said 456.80 Acre V.M. Donigan Partition, described as Tract 11 in Special Warranty Deed from Corpus Christi National Bank to Bask Equipment Co., recorded in Volume 2358, Page 892, Deed Records of Nueces County, Texas, for the Northeast comer of this Tract; Thence, South 00°48'22" East, with the common boundary of Tracts 2 and 3, of the said 456.80 Acre V.M. Donigan Partition. at 1117,53 Feet, pass a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set, for the Southeast comer of the said 18.80 Acre Tract, in all 5435.95 Feet. to the Point of Beginning and, containing 91.36 Acres (3,979,537 Sq.Ft.) of Land, more or less. SAVE and EXCEPT a 1.68 Acre Tract of Land described in Warranty Deed (with Mineral Reservation) from The Hooten Family Trust to the City of Corpus Christi, recorded in Document No. 2012017673, Official Public Records of Nucces County, Texas. Gross Acreage 91.36 Acres and a Net Acreage of 89.68 Acres. S:1Surveying\413161B8001OFFICEtMETES AND BOUNDS\FN41316B800_20180322_91.36ACRES_Xg.DocxPage 1 of 3 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 wwAi•.urbancng Coni TBPE Firm p 145 • TBPLS Firm p 10032400 FAX (361)854-6001 Page 9 of 13 Exhibit A Save and Except 1.68 Acrd Fieldnotes, for a 1.68 Acre Tract of Land, out of Tract 3 of the 456.80 Acre V.M. Donigan Partition out of Sections 6 and 7, Range VI, H. L. Kinney Sectionized Lands, shown by map, made by Blucher Engineering Co. dated January 1951, recorded in Volume 1, Page 49, Miscellaneous Map Records of Nueces County, Texas; said 1.68 Acre 'Tract being the same lands described in Warranty Deed (with Mineral Reservation) from The l loosen Family Trust to the City of Corpus Christi. recorded in Document No. 2012017673, Official Public Records of Nueces County, Texas; the said 1.68 Acre Tract being more filly described as follows: Commencing at a 60d Nail Found, on the North Right -of -Way I.inc of a 100.00 Foot Wide Texas Mexican Railroad, for the Southwest comer of a 145.18 Acre Tract, described in a Decd Without Warranty from William D. Walker, Personal Representative of the Estate of Mazie P. Walker, et al to John P. Hooten, Trustee of the Hooten Family Trust A IJII'fD May 4, 1984, recorded in Document No. 2014037242, Official Public Records of Nueces County, Texas, for thc Southeast comer a 91.390 Acre Tract of Land, described in a Special Warranty Deed from The Frost National Bank, Independent Executor of the Estate of Charles Varian Walker, deceased, to John P. Hooten, Trustee of the Hooten Family Trust. recorded in Document No. 2007061484, Official Public Records of Nueces County, Texas; Thence, North 00'48'22" West, with the common boundary Zinc of Tracts 2 and 3. of the said 456.80 Acre V.M. Donigan Partition, and the said 91.390 Acre Tract and 145.18 Acre Tract, 451.20 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set, for the Point of Beginning and a corner of this Tract; Thence, over and across thc said 91.36 Acre Tract and Tract 3 as follows: • South 88°38'28" West, 156.70 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set; • South 01°21'32" East, 404.34 Feet, to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set, for the Southeast corner of this Tract; • South 88°38'28" West, 100.00 Feet, to a 518 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set, for the Southwest comer of this Tract; • North 01`21'32" West, 792.00 Feet, to a 5/8 Inch Iron Rod with rcd plastic cap stamped "URBAN ENGR CCTX" Set, for the Northwest corner of this Tract; • North 88°38'28" East, 65.00 Feet. to a 5/8 Inch Iron Rod with rcd plastic cap stamped "URBAN ENGR CCTX" Set, for the Northeast corner of this Tract; • South 01"21'36" East, 57.00 Feet. to a 5/8 Inch Iron Rod with red plastic cap stamped "URBAN ENGR CCTX" Set; • South 01'21'32" East, 290.66 Feet, to a 54 Inch Iron Rod with rcd plastic cap stamped "URBAN ENGR CCTX" Set; • North 88'38'28" East, 192.08 Feet, to a 518 inch Iron Rod with rcd plastic cap stamped "URBAN ENGR CCTX" Set; S:1Surveying41316'B80010FFICEIMETES ANL) BOUNDSSFN4I316B800_20180322_91.36ACRES_Xg.Dixxpage 2 of 3 OFFICE: (361)854-3101 2725 SWANTNER DR, • CORPUS CHRISTI, TEXAS 78404 FAX (361)854-6001 www.urbaneng.com TRPE, Finn # 145 • TBPLS Firm 11 10032400 Page 10 of 13 Exhibit A Thence, South 00°48'22" East, 40.00 Feet, to the Point of Beginning and, containing 1.68 Acres (73,308 Sq.Ft.) 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 itoriginal form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described heftin. James D. Carr, R.P.I.. S. License No. 6458 S:1Surveying\41316\B800lOFFICEIMETES AND BOUNDSlFN41316R800_20180322_91.36ACRES_Xg.Doc xPage 3 ot'3 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI, TEXAS 78404 FAX (361)854.6001 www, urbancng,com TBPE, Firm • 145 • TBPLS Firm • 10032400 Page 11 of 13 Exhibit B ' .. ,}r„ xsli-.jar 77. `s— �Y .� 1• � Tc r - .i.7.::!..2 -n,, yi 1 F 11 gi r t4 t I �y� I f 3 ...••••-••••. I...: 1 y uYYY�� EL 4`• 1P — 0 TYYw I1..1.01 asrma yvrrm. MEP hirr 13 , i .1 .w. of .. . I + •44114•,4 ww a 4p.{ • r � • /ILI1- _-1 URBA ENGINEEFINNG "LTE - . 111LE LE AL In _• 11Ii L -In r•:. li 'r1 �• .'i i11M11"1 1 .i 1''i111'c.1i1 11 V I.'I1 (1 Ali 1'- i-� 11 'II -4'1, •�-i II ' F1 i n1• —a— - - iY 11 - 1 •- 1 1 11.11-r; fT 1'1' J. • 1�u .. 1ltil;'1 Yi 1'1i T1 :.L 1.1 #+M1 - - - '11.11E1 :1,' nr V.1""I'L: 1wr TM1 ■1 •■ 4 1 r.rt r '1'+� ▪ 1"rL.▪ S"5a Ij'1II'I111a l IIII 11111 i1.1' '. 1 1•' ' ' 1. • i I -L 1 III Y.a.aF^ wIw. rw 1N1 • y.•.ra•. '.;.41x:16.• • wr• 4n, ,.•. wi. ra••11•1e.n ,.,r ••••••••• �.�ywrµ1�{.�•. 11Y.■M1�1 .rr 1 arlLx .i #. <JrT• r+a ir a•LJ¶ ILYA. J.3141r IL LEM,. ■ • - �u as ac y_i L... ■ r LC 4Lra x. Y41F - 11 • I ■•• T .1 iY T'. •I.i 'i 1 r. 1 1i- 1 -'4 1..T• xy +Yt Y 1 .11 11 - .,� .rr --1411° Page 12 of 13 Exhibit C N IMP NCO 4 2 1 Page 13 of 13 PLANNING COMMISSION FINAL REPORT Case No. 0318-02 INFOR No. 18ZN1006 Background: This item was previously heard by the City Council on June 12th and June 26th. The City Council tabled the item and requested to send the case back to the Planning Commission for additional review. Since then, several discussions have occurred with the applicant, City staff, and outreach to the Federal Aviation Administration (FAA). Based on these discussions, the central issue has surrounded the terms and conditions of the Avigation and Hazard easement obtained by the Corpus Christi International Airport (CCIA) in 2012. The purpose of the Avigation and Hazard easement is to protect and enforce the requirements of the Runway Protection Zone (RPZ). Additionally, the easement limits the potential uses that can be established to prevent negative interaction with flight operations. In response to protecting the terms and conditions of the Avigation and Hazard Easement, the applicant has revised the site plan to exclude development within the Avigation and Hazard Easement. In addition the Special Permit conditions have been revised to reflect this change. Subsequently, the modified Planning Commission recommendation (October 17, 2018) now complies with the terms of the Avigation and Hazard Easement. Additionally, the applicant has received a finding of "no hazard" from the FAA. Planning Commission Hearing Date: April 18, 2018 and October 17, 2018 Applicant & Legal Description Owner: Hooten Family Trust A Applicant: John Bell Location Address: 6502 and 6630 Agnes Street Legal Description: Being a 145.15 Acre Tract of Land, comprised of portions of Tracts 1 and 2 of the 456.80 Acre V.M. Donigan Partition out of Sections 6 and 7, Range VI, H. L. Kinney Sectionized Lands, as referenced in a Partition and Settlement Deed, recorded in File Number 320003, Volume 501, Page 228, Deed Records of Nueces County, Texas and a 91.36 Acre Tract of Land, being all of a 91.56 Acre Tract of Land as referenced in a Partition and Settlement Deed, recorded in File Number 320003, Volume 501, Page 228, Deed Records of Nueces County, Texas, located on the north side of Agnes Street (State Highway 44), west of Hopkins Road, and east of Bronco Road. Zoning Request From: "IL" Light Industrial District To: "IL/SP" Light Industrial District with a Special Permit Area: 233.99 acres Purpose of Request: To allow the construction of a U.S.-to-Mexico gasoline and diesel fuel transshipment center with attached bulk storage terminal. Existing Zoning Existing Zoning District ExistU eland Future Land Use Site "IL" Light Industrial Vacant/Agricultural Light Industrial Staff Report Page 2 Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit on 233.99 acres for the construction of a U.S.-to-Mexico gasoline and diesel fuel transshipment center with attached bulk storage terminal. The proposed use is classified as "petroleum, gasoline, and lubricating oil refining, and wholesale storage," which is defined as a "heavy industrial" use and may be allowed by Special Permit in the "IL" Light Industrial District according to the Unified Development Code (UDC). Development Plan: The subject property is comprised of 233.99 acres. The owner is requesting to rezone to the "IL/SP" Light Industrial District with a Special Permit. The applicant explains that the request is to construct a US -to -Mexico rail logistics center with attached bulk storage terminal including nine wholesale storage tanks 48 feet in North "IL" Light Industrial Light Industrial Light Industrial South "IH" Heavy Industrial Public/Semi-Public Transportation East "IL" Light Industrial Vacant/Agricultural Light Industrial West "IL" Light Industrial Vacant/Agricultural Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Corpus Christi Airport Area Development Plan formerly a part of the Port/Airport/Violet Area Development Plan. The subject property is and is planned for light industrial uses. The proposed rezoning to the "IL/SP" Light Industrial District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 054044 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 1,650 feet of street frontage along Agnes Street (State Highway 44) which is designated as a "F1" Freeway/Expressway and approximately 565 feet of street frontage along Hopkins Road which is designated as a "C3" Primary Collector Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Agnes Street (SH 44) "F1" Freeway/Expressway 400' ROW Varies paved 613' ROW 345' paved 14,999 ADT (2010) Hopkins Road "C3" Primary Collector Street 75' ROW 50' paved 60' ROW 26' paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit on 233.99 acres for the construction of a U.S.-to-Mexico gasoline and diesel fuel transshipment center with attached bulk storage terminal. The proposed use is classified as "petroleum, gasoline, and lubricating oil refining, and wholesale storage," which is defined as a "heavy industrial" use and may be allowed by Special Permit in the "IL" Light Industrial District according to the Unified Development Code (UDC). Development Plan: The subject property is comprised of 233.99 acres. The owner is requesting to rezone to the "IL/SP" Light Industrial District with a Special Permit. The applicant explains that the request is to construct a US -to -Mexico rail logistics center with attached bulk storage terminal including nine wholesale storage tanks 48 feet in Staff Report Page 3 height and 162 feet in diameter. Products to be stored and transloaded to rail include gasoline and diesel fuel product, delivered by pipeline to the facility. The product would be stored in the tanks. Fuel additives such as Methyl tert-butyl ether (MTBE) and ethanol would also be stored at the site, and blended with the fuel product by pipe in an in-line blending process. The blended product would then flow by pipe into railroad tanks cars for shipment to fuel wholesalers. The need for the zoning change to "IL/SP" Light Industrial District with a Special Permit is for above -ground wholesale storage of fuels and petroleum products, which is permitted by right in the "IH" Heavy Industrial District, but not in the "IL" Light Industrial District. Otherwise, the project will be in compliance with all applicable "IL" Light Industrial District requirements. The facility also will include a rail yard, train loading facility, small parking lot, control center, and crew break room. The control center will be located on-site. The new facility anticipates creating 45 net new full time jobs. Existing Land Uses & Zoning: The subject property is currently zoned "IL" Light Industrial and is vacant land. To the north, east, and west, are vacant tracts zoned "IL" Light Industrial District. To the south of the subject property is the Corpus Christi International Airport zoned "IH" Heavy Industrial District, as well as access to the Kansas City Railroad. Federal Aviation Administration (FAA) - Determinations of Hazards The applicant is required to request a determination of hazards from the FAA for each structure constructed on the subject property. The applicant will also have to submit a "Notice of Actual Construction" to the FAA for each structure. Since the original hearing before the Planning Commission, the applicant has received a determination of "no hazard" from the FAA. AICUZ: The subject property is located in the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. PIanCC & Area Development Plan Consistency: The subject property is located within the boundaries of the Corpus Christi Airport Area Development Plan formerly a part of the Port/Airport/Violet Area Development Plan. The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC) and with the following specific policies: • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. (Future Land Use, Zoning, and Urban Design Policy Statement 4). • Avoid development that is incompatible with the operation of military airfields and the airport. (Future Land Use, Zoning, and Urban Design Policy Statement 4). Staff Report Page 4 • The City Council, hereby, adopts the proposed land use plan for future land use decisions. The plan provides a compatible configuration of activities emphasizing: Protection of the airport from incompatible activities; (Port/Airport/Violet ADP, Policy Statement B.1) Development Services Department Comments: • The proposed rezoning to the "IL/SP" Light Industrial District with a Special Permit is consistent with the adopted Comprehensive Plan (Plan CC). • The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • The subject property was annexed in 1962 and was zoned "IL" Light Industrial District in 1975 and is currently vacant. • The City has planned for light industrial uses to be located around Corpus Christi International Airport (CCIA), so that manufacturing uses would not conflict with airport operations. • All heavy industrial uses would not be compatible with the airport, the proposed Special Permit Overlay is a zoning tool that can be used to narrowly define and control the desired heavy industrial use in a manner that will not conflict with the intent of the Comprehensive Plan or the operations at Corpus Christi International Airport (CCIA). The primary intent of the Comprehensive Plan at this location is airport land use compatibility and creating an attractive entryway to the city (scenic corridor). • The proposed development is directly underneath the existing main runway at CCIA. The property is subject to the City's Conical Surfaces map which controls height and limits any use that would interfere with flight operations at the airport. • Storing flammable products above ground could create explosions and thick smoke in the event of an accident, which cause hazards for pilots and airport operation. • As part of the platting process potential amendments to the Urban Transportation Plan (UTP) may occur to remove proposed collector and arterial streets. • The City Airport Zoning Ordinance was recently repealed due to the forthcoming Airport Zoning regulations which has not yet been adopted by the newly -created Airport Zoning Commission. • Recently, the City Council approved the creation of the Airport Zoning Commission (AZC). Specific regulations regarding land use compatibility have yet to be drafted. • The proposed rezoning was reviewed and approved by the Technical Review Committee (TRC) on Friday, March 30t" Planning Commission and Staff Recommendation (October 17, 2018): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit with the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted by right in the base zoning district is the wholesale storage and transfer of petroleum based products.. No spherical tanks are permitted. All construction including the above ground fuel storage tanks shall be consistent with the attached site plan (Exhibit C), subject to adjustment as may be required to obtain a determination of no Staff Report Page 5 hazard to air navigation and/or flight operations to/from the Corpus Christi International Airport (CCIA) from the Federal Aviation Administration (FAA). 2. Fire Department Approval: Development of the Property, including the storage of fuels and blending agents, shall comply with all Fire safety regulations. 3. Storm Water Detention: a. The Owner shall construct and maintain necessary storm water facilities designed to a 25 -year storm event in a manner that prevents water from standing for longer than 48 hours after the storm and shall remain completely dry between storms. Any storm water conveyance that traverses the Avigation and Hazard Easement shall be a concrete lined open channel. Any storm water detention and conveyance that is a wildlife attractant is prohibited. b. Prior to obtaining building permits or beginning any construction, a Wildlife Hazard Study by a Wildlife Biologist indicating that the proposed storm water facilities in the site plan (Exhibit C) do not increase the potential of a wildlife strike to an aircraft in the approach and departure patterns of runway 18-36 must be submitted to the City's Director of Aviation. 4. Federal Aviation Administration (FAA): Prior to obtaining building permits or beginning any construction, a Notice of Proposed Construction or Alteration (Form 7460) shall be submitted and a determination rendered by the FAA of no hazard to air navigation and/or flight operations to/from the Corpus Christi International Airport (CCIA) regarding any construction at the site including each structure, tank, rail line, road, detention pond, lights, or temporary structures such as construction cranes on site. 5. Corpus Christi International Airport (CCIA) Hazards: a. Height: The maximum height of any structure shall not exceed a 62.5:1 slope from the end of the nearest runway. b. Lighting: All lighting shall be shielded toward the site and shall not conflict with airport flight operations. c. Other Airport Hazards: No use or activity shall create electrical interference with navigational signals or radio communication between airport and aircraft, make it difficult for pilots to distinguish between airport lights and others, result in glare in the eyes of pilots using the airport, impair visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering of aircraft intending to use the airport. 6. Landscaping and Screening: Due to the potential of attracting hazardous wildlife, landscaping of the property is not required. Any landscaping on the property cannot use any plants that will be a wildlife attractant. FAA Advisory Circular 150/5200-33B states that wildlife attractants must be at least 10,000 feet from the airport perimeter. 7. Land Use Compatibility in Runway Protection Zone: Excluding ground level rail, Staff Report Page 6 no structures including lighting may be constructed in the Runway Protection Zone of the Corpus Christi International Airport, as identified by FAA Advisory Circular AC 150/5300-13A. 8. Aviqation and Hazard Easement: This ordinance does not waive any rights or authorize or grant any permissions to deviate from the conditions of the Avigation and Hazard Easement granted by the owner to the City. Owner and owner's successors and assigns are still obligated to comply with all requirements of the Avigation and Hazard Easement. 9. Other Requirements: The Special Permit conditions listed herein do not preclude compliance with other applicable UDC, Building, and Fire Code Requirements. 10.Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 24 months of this ordinance unless a complete building permit application has been submitted. The Special Permit shall expire if the use is discontinued for more than six consecutive months. Vote Results: For: 7 Opposed: 0 Absent: 2 Abstained: 0 Public Notification Number of Notices Mailed — 8 within 200 -foot notification area 6 outside notification area As of April 13, 2018: In Favor — 0 inside notification area — 0 outside notification area In Opposition — 0 inside notification area — 0 outside notification area Totaling 0.00% of the land within the 200 -foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Site Plan C. Public Comments Received (if any) K:\DevelopmentSvcs\SHARED\ZONING CASES \2018\0318-02 Hooten Family Trust A\Council Documents\CC Report_0318-02 Hooten Family Trust A (2).docx Staff Report Page 7 • 0 400 80d .F et HWY 44aFWY SUBJECT, PROP, ERT/Y H7rJPIGNS'RD AGNES ST q HWY GC«�AGNES-ST IH CASE: 0318-02 ZONING & NOTICE AREA RM -1 Multifamily 1 RM -2 Multifamily 2 RM -5 Multifamily 3 ON Professional Office RM -AT Multifamily AT 02-1 Neighborhood Commercial CN -2 Neighborhood Commercial CR -1 Resort Commercial CR -2 Reaort Commercial CG -1 General Commercial CG -2 General Commercial CI Intensive Commercial CBD Downtown Commercial CR -3 Resort Commercial FR Farm Rural H Historic Overlay DP Business Park IL Light Industrial IH Heavy Industrial PVD Planned Unit Oev. Overlay 135-10 Single -Family 10 RS -3 Single -Fern lly6 13sd.0 Single -Family 4.5 RS -TF Two -Family RS -15 Single -Family 15 RE Residential Fatale RS-TH Townhouse 58 Special Permit Ry Recreational Vehicle Park RMH Manufactured Home wr=y O OWI1er5 hvar 4 owners wrm;n 200 rarea on aw era atfachedownerahrptable X428p2t44,, / IL Dat2 creased: 4/2'2410 Prepared`T6r JeremyM DepanmenSe€lDevelopmettl50wtces j SUBJECT PROPERTY LOCATION MAP Staff Report Page 8 Zoning Case #0318-02 Hooten Family Trust A Rezoning for a Property at 6502 and 6630 Agnes Street City Council Presentation November 27, 2018 Background • Item was previously heard by the City Council on June 12th and June 26th • City Council voted to send the case back to the Planning Commission for additional review. Since then, several discussions have occurred with the applicant, City staff, and outreach to the Federal Aviation Administration (FAA). • The purpose of the Avigation and Hazard easement is to protect and enforce the requirements of the Runway Protection Zone (RPZ). Additionally, the easement limits the potential uses that can be established to prevent negative interaction with flight operations. Background • The former Planning Commission recommendation was noncompliant with the terms of the Avigation and Hazard easement. • Staff and the applicant met and resolved the non-compliant factors and the applicant has received a finding of "no hazard" from the FAA. • Planning Commission reconsidered the item on October 17th and recommended approval of the revised special permit conditions and site plan. Aerial Overview SUBJECT PROPERTY egsh Hlighwgsy eqvggR OKSge-RPOD Subject Property at 6502 and 6630 Agnes Street Vicinity Map N At n99, 4. 19 399 (q) OpenStreetMap and contributors, FS reative Com mo ns-Sh a re Alike License (CC -BY -SAI. Zoning Pattern [11L,§37 o 2004 uuep 201 �1 00aqsh Fla SUBJECT PROPERTY ©04 Moe MOS 00 `d954 98 mox6 FR 1070 rx" On 200` Arm Rom{ o� �a 1I© I©776 11©0 OKSZE3-HPOD 6 Staff Recommendation Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit. Special Permit Conditions 1. Use: Wholesale storage and transfer of Petroleum based products. 2. Fire Department Approval 3. Storm Water Detention: 48 hour drainage 4. FAA Study: Airspace Study- Form 7460 5. CCIA Hazards: Height, Lighting, Etc. 6. Landscaping 7. Land Use Compatibility 8. Avigation and Hazard Easement 9. Other Requirements: Compliance with all other codes. 10. Time Limit: 24 Months unless a complete building permit application has been submitted. Site Plan ___________ • - 4)-9- —0- --0- - - - - C OG4- 4-- _ — • T4.1, 70.F.4 I. IMF Pair • 0 a 133[1111,111311 Paarwadt1.5 Mr= pil WU imam or pon dr4510 11:1P lirallaN Cla VIIIT CM 30/1/31ATCra .alz vas roun 1 a ii&a, KU 17 3111 VIVA '.1. -2. 114 .4.... Sny 4 U6H4 P044 44 le .971431 '19) 151 4 proraPOLE I? 70 4744:9 2. DJ %MINN Int 1 NADI -Gain PONT fl. rm MIND NM -31.10 0.•wwliPMedit f L0.4011446404 277921 -97,11% 73 28 -411.13 AA.* li heost 7 Or POLE IPSL -974414 I•9) -N IN 9W••• li faec ti 4 An :11144 r4414 latla L54 nowt .14 !Napo 4 TAO Yank 4111114 0410 .101 6.4.4,11 Ordeal. 10 TA 0 17 701 9744B 124 ll ., Ill NO. , 1 %No :7 Ng FOXE 12417 JR llailmw JIM Fil,NWAY ' ,a4E1:11a]aa 12PPRO12Cb suRFAL.E 2:11, 1 • ,OADINa FIKA AREA 5N -D,7 4C CC 71,4 CO 1 I. - - -;:i. i I I j 1 1 :0•4 • I f - - if1.—*-11'--e- - -f.--. •• .0.--• - 1, —0- 4 4-.-•11---0- -0- -0- •4, ...0-0....116-..- -4- - 9-0- - -•1-.41-...... -.9 --ri—e- -0- -,,,-A ,. Avigation and Hazard Easement AZA.E grANVA---- ..1.1ThrflUI.7..1,fl L .1-rr,-1-r, n-.E•••a, • 5, :P- ._+-Ar 10 Slopes T V a- 111.0 100 00 E0 40 -tn�A�E �WAO� Ow., on Sons N. 7. PROP OE5044C Mel -r qa C PROP 0E00EM.c 00.Cr114l u Ft -V.... tie! _ ° . �-T .......... � 4t- i - I i 3 ism I rf I I '� rvw�e}ynµ SChf 190 120 100 00 60 40 20 056 H OO 20 10 0 20 b 50-00 45+00 W+00 35400 00+00 25+00 20+00 15+00 PROP 1100000 = 3.11‘111+58.12 01_7150 10+00 190 120 100 60 60 w 20 0+00 11 PROP, MOO VC DOLE TANN .12490 5w`I vl' r�A61CH 80RP -' _ 4400.4.1, IO APPROACH 9VPfACE7 ruEoaaraucrwN PLAIrIE SRI -PROP. 0500ESIOAL=RHATIVE It 1 41s i - - _ `1. 70 CflJIUMOE (E} EXLSTING RAIIrt RS'' btr *'vi Vi �� II _ I ,�STA EAiAY,INGTLWn }t.26A6 EL wT} -- 200 07 1 _' � f 1- 0 Q 1 00 OS O - O3 2O 0 CEMlEN PR"�A90N15 I� }HT POIE PROP L. pHT POIE PROP 6Mb00* - RPM. CaQ9F4T PglIT 9TA PETLv��5..693 00 5 mar—g, EL [L tlt.w •§f E1] xN�0F w.Tt• TPNH ` 4r.7a pi A@ 1NA imw 50-00 45+00 W+00 35400 00+00 25+00 20+00 15+00 PROP 1100000 = 3.11‘111+58.12 01_7150 10+00 190 120 100 60 60 w 20 0+00 11 Public Notification 8 Notices mailed inside 200' buffer 6 Notices mailed outside 200' buffer Notification Area Opposed: 0 (0.00%) i In Favor: 0 SUBJECT PROPERT-Y. ij j�IWY4.F 0 400 BOMBsmcl ci HWY 44 4.C.E..."'"n1=15 JL_ Da(,9earee:.2,201 „ �Plepaial*: Je1e111)1 pvpa ,,efvpme� 12 UDC Requirements Buffer Yards: N/A Setbacks: Street: 20 feet Side: 0 feet Rear: 0 feet Parking: 1:700 sf. GFA (Office) 1:1,000 sf. GFA (Outdoor) 1:2,500 sf. GFA (Indoor) Uses Allowed: Industrial, Retail, Medical, Offices, and Self -Storage. *Residential uses not allowed 13 AGENDA MEMORANDUM ublic Hearing and First Reading for the City Council Meeting of November 27, 2018 Second Reading for the City Council Meeting of December 4, 2018 DATE: November 12, 2018 TO: Keith Selman, Interim City Manager FROM: Daniel McGinn, Director, Planning/ESI DanielMc@cctexas.com (361) 826-7011 Urban Transportation Plan Amendments For Alpine Street, Corn Products Road, Sedwick Road, Diamond Cut Drive, Hopkins Road, and Joe Mireur Road, located between Leopard Street and Agnes Street (State Highway 44) and between Bronco Road and Corn Products Road CAPTION: Ordinance amending the Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, for Alpine Street, Corn Products Road, Sedwick Road, Diamond Cut Drive, Hopkins Road, and Joe Mireur Road; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. PURPOSE: The purpose of this item is to change the City's Urban Transportation Plan map by realigning and deleting a series of streets to accommodate a proposed 378 -acre industrial development in the area north of the Corpus Christi International Airport and between Bronco Road and Corn Products Road. BACKGROUND AND FINDINGS: Pin Oak Terminals (developer) is planning to construct an approximately 378 -acre industrial facility for the wholesale storage and transfer of petroleum-based products. The site will be developed with a rail facility connecting to the existing Kansas City Southern railroad on the north side of Agnes Street (SH 44). The developer proposes amendments to the UTP map to accommodate the proposed facility and improve and reorganize the neighboring street grid design. The developer's proposed amendment to the City Urban Transportation Plan (UTP) map will: 1. Remove a proposed segment of Sedwick Road, a C1 Collector; 2. Remove the extension of Diamond Cut Road, a C3 Collector; 3. Remove a proposed segment of Alpine Road, a C2 Collector; 4. Remove a proposed segment of Hopkins Road, a C3 Collector; 5. Remove a proposed segment of Joe Mireur Road, an A2 Arterial; 6. Convert a portion of Hopkins Road from A2 Arterial to 01 Collector. 7. Convert a segment of Corn Products Road from A2 Arterial to 01 Collector; and Arterial streets bring traffic to and from the freeway and accommodate high volumes of cross-town traffic. The ideal design of the arterial system is characterized by a grid street pattern with arterial spacing at one to one and one-half miles. Efficient movement is the primary function of arterial roads, hence, private access and frontage should be controlled and limited to high volume generators like shopping centers, universities, employment centers, etc. Collector streets provide access to local, other collector, and arterial streets. The lowest order of collector streets is designed to collect local streets with the intent of connecting to an arterial grid system. The proposed amendments: 1. Remove Sedwick Road, a 01 Collector, east of Southern Minerals Road to avoid road construction over a series of pipelines and easements. This will benefit the City, the developer, and the owners of the easements during construction and maintenance of the roads and utilities. 2. Remove Diamond Cut Drive, a proposed C3 Collector, between Leopard Street and Hopkins Road. 3. Remove Alpine Street, a proposed east/west C2 Collector, from future Southern Minerals Road to Corn Products Road. If not eliminated, this segment of Alpine Street would cross through the center of the proposed development. 4. Remove Hopkins Road, a proposed east/west C3 Collector, from future Southern Minerals Road to future Joe Mireur Road. The proposed Hopkins Road cannot be constructed over Corpus Christi International Airport's (CCIA) light path. This light path is also located in an avigation easement where street construction and private development are prohibited. 5. Remove Joe Mireur Road, a proposed A2 arterial, between Corn Products Road and Agnes Street (SH 44). An overpass connecting Joe Mireur Road from the north side of SH 44 to the south side of SH 44 would be a hazard to the CCIA's flight path. 6. Convert or reclassify Corn Products Road from Leopard Street south approximately 1,300 feet from a "proposed" A2 Arterial to an "existing" 01 Collector status. Corn Products Road is an existing street ranging in right-of- way width from 60 to 80 feet and currently meets the definition of a 01 Collector. Corn Products Road will accommodate north/south traffic for this area in the absence of the proposed Joe Mireur Road and Diamond Cut Drive. 7. Convert or reclassify the existing Hopkins Road connection to SH 44 from a "proposed" A2 Arterial to an "existing" 01 Collector. Hopkins Road will allow north/south traffic on Corn Products Road to enter or exit from SH 44. ALTERNATIVES: The City Council may deny, approve or alter the proposed UTP amendments. Following the Planning Commission's approval, new information about oil and gas pipeline locations and easements affecting the future extension of Sedwick Road was discovered that would make constructing Sedwick Road impractical. Rather than realign Sedwick Road as presented to the Planning Commission, staff recommends completely removing Sedwick Road east of Southern Minerals Road and Diamond Cut Drive between Sedwick Road and Leopard Street. OTHER CONSIDERATIONS: The proposed site plan was created and adjusted with staff input during the associated rezoning. Secondary to the rezoning, the project's viability at this location depends on adjustments to the City's Urban Transportation Plan. CONFORMITY TO CITY POLICY: The proposed amendments conform to City policy and Plan CC Comprehensive Plan. Plan CC, Transportation and Mobility Goal 1: Corpus Christi has an efficient and safe transportation network...that is integrated with land uses...and promotes sustainable development patterns and economic development. Policy 6: Provide convenient access to industrial areas. Plan CC, Transportation and Mobility Goal 4 Policy 3: Encourage development of areas adjacent to the Corpus Christi International Airport in compliance with the Joint Land Use Study in order to minimize the impact on the airport and its operations. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Operations (Traffic Engineering), Planning, Development Services, Legal, and Corpus Christi International Airport. 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: Not Applicable RECOMMENDATION: Staff, Planning Commission, and the Transportation Advisory Commission recommend approval of the proposed amendments for the following reasons: • Maintains an adequate transportation network for the future land use plan: o For large tract industrial developments; and o For an area where no significant destination nodes or trip generators exist. • Reduces conflicts with Corpus Christi International Airport's operations and existing pipeline and electrical easements. LIST OF SUPPORTING DOCUMENTS: Ordinance PowerPoint Presentation Site Plan b .r� 2) L.T 111 Ay e i 114 Y. ' r BAD ORDER 3 t— ESCAPE TRACK 2 BO -2 • • • TRACK3 TRACK 2 TRACK 1 WORKING TRK 1 WORKING TRK 2 ESCAPE TRACK 1 _ _ SCANNER', �— SCALE -;SCANNER_ — — —_— _— — TRACK 1 ,{I 5 WORKING TRK 2 WORKING TRK 1 DETENTION AREA 01 Ve=917,600 at:s 727? SBpOoq —TRACK1 LEAD TRACK AzD.00 uP 1731 *;fes:::: 3$' 'i PIPING AND UTILITY CORRIDOR OFF ING AREA ■ UTILITY BUILDING PA, 176.7 TRACK 1 TRACK2 TRACK 3 DETENTION PREP, AO V6=Y61,100gx4'f 27 142,400 q OPEN DFTCH/CHANNEL 900 300 0 900 HORIZONTAL SCALE LEGEND EXISTING MAIN PROPOSED LOOP ALIGNMENT FUTURE TRACK PROPOSED CULVERT PROPOSED POND PROPOSED FENCE REVISIONS PROPOSED ACCESS ROAD REMARKS: POTAC, LLC ITEM BY DATE DES/CFK DATE VAL SEC: N/A EXISTING UTILITY EXISTING KCS ROW EXISTING AIRPORT ROW 40' POTAC PIPELINE CORRIDOR' 60' SITE UTILITY CORRIDOR DCH)N(S 07/27/2015 FAA CONSTRUCTION NOTIFICATION DRAWING: GN -02 DRWICI-K SCALE SHEET: MMOAWS AS NOTED OVERALL SITE LAYOUT FILE: Overall Sllo Layout Ordinance amending the Urban Transportation Plan map of Mobility CC, a transportation element of the Comprehensive Plan of the City of Corpus Christi, for Alpine Street, Corn Products Road, Sedwick Road, Diamond Cut Drive, Hopkins Road, and Joe Mireur Road; amending related elements of the Comprehensive Plan of the City; providing for severance; and providing for publication. WHEREAS, the Transportation Advisory Commission and Planning Commission have forwarded to the City Council its recommendation concerning the amendments to the Corpus Christi Urban Transportation Plan, an element of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, Planning Commission held a public hearing on Wednesday, May 30, 2018, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; WHEREAS, City Council held a public hearing on Tuesday, November 27, 2018, regarding amendments to the Corpus Christi Urban Transportation Plan map, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi, and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. As shown on Exhibit "A," which is a map illustrating the amendments and Exhibit "B", which is the resulting amended map, the Corpus Christi Urban Transportation Plan map of Mobility CC, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended by: 1. Removing Sedwick Road, a 01 Collector, east of Southern Minerals Road; 2. Removing Diamond Cut Drive, a proposed C3 Collector, between Leopard Street and Hopkins Road; 3. Removing Alpine Street, a proposed east/west C2 Collector, from future Southern Minerals Road to Corn Products Road; 4. Removing Hopkins Road, a proposed east/west C3 Collector, from future Southern Minerals Road to future Joe Mireur Road; 5. Removing Joe Mireur Road, a proposed A2 arterial, from Corn Products Road to Agnes Street (SH 44); 6. Converting the existing Hopkins Road connection to SH 44 from a "proposed" A2 Arterial to an "existing" 01 Collector; and 7. Converting Corn Products Road from Leopard Street south approximately 1,300 feet from a "proposed" A2 Arterial to an "existing" 01 Collector status. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Comprehensive Plan, as amended from time to time and except as changed by this ordinance, remains in full force and effect. SECTION 4. Any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. The City Council intends that every section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance be given full force and effect for its purpose. Therefore, if any section, paragraph, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance. SECTION 6. Publication shall be made in the City's official publication as required by the City's Charter. Page 2 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 3of5 EXHIBIT A REMOVE SEDWICK RD -X • 1 4 �... Oa S111213NIW Na3H1f10S 0 0 0 U 0 z 0 5 uJ 0 LTJ SEDWICK RD z 0 H tr tri a0 LL w▪ � > 2 6- I ▪ O ir �0 LI-Iw ¢0 OU u- z f~ W X w 00 UI- da NHOSNI3H... REMOVE THIS PORTION OF HOPKINS RD a 1 x da a113dIW 30[•.... aa3VNOLLVNa31NI m o ow 0 W W J EXISTING COLLECTOR PROPOSED COLLECTOR Page 4 of 5 EXHIBIT B 0 Z fLU V —JW EXISTING COLLECTOR PROPOSED COLLECTOR EXISTING ARTERIAL PROPOSED ARTERIAL SEDWICK RD 60 as Si.3f1001M NUOO ab SlY213NIW Na3H1fOS HOPKINS RD ON NHOSNI3H .. T 1 .aa oONoa9 as a1 aA19 "1\ oL- 0 0 0 O Page5of5 Urban Transportation Plan (UTP) Amendments For Alpine Street, Corn Products Road, Sedwick Road, Diamond Cut Drive, Hopkins Road, and Joe Mireur Road City Council Presentation November 27, 2018 Subject Property/UTP LEGEND EXISTING COLLECTOR - - PROPOSED COLLECTOR EXISTING ARTERIAL PROPOSED ARTERIAL SEDWICR RD o 250500 1,000 O Feet Pin Oak Terminals Site HWY 44 FWY CORN PRODUCT HOPKINS RD Sr Site Plan BAD ORDERS ESCAPE TRACK 2 B03 ESCAPE TRACK SCANNER SCALE TRACK I - TRACK 2; TRACK 1 WORKING TRK 1 WORKING TRK 2 WORKING TRK 2 WORKING TRK 1. Mitintifienin inaliatainafgeti PIPING AND UTILITY CORRIDOR i� TRACK I/LEAD TRACK IMP MA L Im ae IE I OFFICE / PARKING AREA y�` I UTILITY BUILDING WRK2 WRKI OETEMIONARFAPI 16=133,802Y./ 21 EIeW0/ TRACKI TRACK2 TRACK S OITENRONARFA 2 N=331,1GOai4f3T • m2A33 w OPEN OITCHICWWNEL Scope Proposed Development by Pin Oak Terminals: >Approximately 378 -acre industrial facility for wholesale storage and transfer of petroleum based products. >Includes construction of a rail facility that connects to existing KCS railroad along SH 44 > Af f ects six roadways on the UTP Proposed Amendments SEDWICK RD ALPINE ST O 1 REMOVE SEDWICK RD 0 40 ..O xo x 1 REMOVE DIAMOND CUT DR e X� .) O3'REMOVE THIS PORTION OF ALPINE ST J<� REMOVE THIS PORTION OF HOPKINS RD 1 I REMOVE THIS PORTION OF JOE MIREUR RD CONVERT FROM A2 ARTERIAL TO EXISTING Cl COLLECTOR IH 37 CONVERT FROM A2 ARTERIAL TO EXISTING C1 COLLECTOR HOPKINS RD HWY 94 LEGEND EXISTING COLLECTOR PROPOSED COLLECTOR - EXISTING ARTERIAL — — PROPOSED ARTERIAL 0 250 500 1,000 ? °Feet I AGNES ST Proposed Amendments Current Plan EDWICK RD HOPKINS RD sr Proposed Plan SEDW1CK RD 0 250 500 1,000 Feel HWY °PRINS RD LEGEND EXISTING COLLECTOR PROPOSED COLLECTOR EXISTING ARTERIAL PROPOSED ARTERIAL 6 Recommendation Approval of the amendments for the following reasons: • Maintains an adequate transportation network for the future land use plan: o For large tract industrial developments; and o For an area where no significant destination nodes or trip generators exist. • Reduces conflicts with Corpus Christi International Airport's operations and existing pipeline and electrical easements. AGENDA MEMORANDUM First Reading Item for the City Council Meeting of October 23, 2018 Second Reading Item for the City Council Meeting November 27, 2018 DATE: October 4, 2018 TO: Keith Selman, Interim City Manager FROM: Dan Grimsbo, Executive Director of Utilities DanG@cctexas.com, (361) 826-1718 Lease Agreement for Lake Corpus Christi Campground CAPTION: Ordinance authorizing a fifteen -year lease agreement with Kamping Pleasures, Inc. for 40 acres out of the Mary B. Kelvin survey in Live Oak County, on the North side of Lake Corpus Christi, in consideration of quarterly rent of $5,000 or 8% of gross sales, whichever is greater, to operate a campground; with option to extend for up an to additional ten-year term. PURPOSE: The Water Utilities Department seeks approval to enter into a fifteen (15) year lease agreement with the Kamping Pleasures, Inc. (Lessee) for the parcel and improvements located on the North side of Lake Corpus Christi off of County Road 3024 on County Rd 371. Also included in this ordinance is an option to extend for an additional ten (10) year term. BACKGROUND AND FINDINGS: Kamping Pleasures, Inc. has been leasing 40 acres of City property on Lake Corpus Christi for over 47 years. The Lessee is responsible for all campground improvements and maintenance. Currently operating under the name of `Mustang Hollow Campground', the site amenities include tent and RV sites, cabins and cottages, year-round pool, outdoor kitchen, snack bar and wi-fi. ALTERNATIVES: Do not renew lease. 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: Water Utilities Department - Wastewater FINANCIAL IMPACT: ❑ Operating X Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): n/a Comments: This item will not have an impact on the operating expenditure budget. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement with Kamping Pleasures, Inc. Map Ordinance authorizing a fifteen -year lease agreement with Kamping Pleasures, Inc. for 40 acres out of the Mary B. Kelvin survey in Live Oak County, on the North side of Lake Corpus Christi, in consideration of quarterly rent of $5,000 or 8% of gross sales, whichever is greater, to operate a campground; with option to extend for up to an additional ten-year term. Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The City Manager or designee is authorized to execute a fifteen -year Lease Agreement with Kamping Pleasures, Inc. for the lease of 40 acres out of the Mary B. Kelvin survey in Live Oak County, on the North side of Lake Corpus Christi, in consideration of quarterly rental payment of $5,000.00 or 8% of gross sales, whichever is greater. The lease may be extended for up to one additional ten-year term. Section 2. Publication will be made as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 1 LEASE WITH KAM PING PLEASURES, INC. THE STATE OF TEXAS COUNTY OF LIVE OAK § § KNOW ALL MEN BY THESE PRESENTS: THIS AGREEMENT, made and entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City"), and Kamping Pleasures, Inc., DBA Mustang Hollow Campground, a Texas Corporation with its office and principal place of business 101 CR 371, Mathis, Texas 78368 ("Lessee"); 1. Premises. a. In consideration of the rents herein, City leases Lessee forty (40) acres, together with the improvements located thereon, situated in Live Oak County, Texas, described in Exhibit "A" and Exhibit "B" as follows: See Exhibit "A" attached hereto for metes and bounds description of leased property ("Premises"). See Exhibit "B" attached hereto for Vicinity Map. b. This Lease is made subject to all valid oil, gas, and mineral leases and all pipeline transmission and all other right-of-ways, including an easement from Hallie T. Boothe to the Missouri -Pacific Railroad dated December 10, 1956, recorded in Volume 173, Page 518, Deed Records of Live Oak County, Texas. City reserves the right to lease the Premises for oil, gas, and other mineral exploration and production. c. Lessee has the right of access to Lake Corpus Christi along the area where the Premises are bounded by the contour line of the 94 -foot elevation on, over, and across the lands of City below the contour line of the 94 -foot elevation to whatever level the water of the reservoir may be from time to time at all times during this Lease. d. Lessee assumes the sole responsibility for the entire cost and construction of any and all improvements that it requires for the Premises. 2. Permitted Uses. a. The Premises may only be used and for the operation of a campground and related activities normal and customary to such business. 2 b. Such campground must be operated as a public accommodation at all times. Lessee must comply with applicable Americans with Disability Act (ADA) requirements. 3. Term. This lease is for a term of fifteen years, beginning on the 61st day after final Council approval. 4. Rental. a. Lessee must pay the City $5,000 quarterly (4 times per year) or 8.0 percent of quarterly gross sales less sales taxes, whichever is greater, for first fifteen years of the contract. Each quarterly payment is due in advance on or before the 10th day of the first month of the next succeeding quarter for the term of the lease. Rental should be reported quarterly using a Statement of Gross Revenues form provided by the City. An operations financial statement should be provided with the payment made at the end of the calendar year. Any payment received after the due date will be penalized 4 percent of the quarterly payment for each payment period that the payment is late. b. Lessee must keep accurate books and records of its Gross Sales. City Manager, or designee ("City Manager"), may audit Lessee's books and records at any time to verify Lessee's Gross Sales for any period within three (3) years prior to the audit. This includes, but is not limited to, all documents related to the conduct of business such as: General Ledgers, Accounts Receivables and Payables, Sales Journals, Inventory Records, daily or periodic summary reports, cash register or computer terminal tapes, bank deposit slips, bank statements, and tax reports to State and Federal agencies. If audit shows that Lessee has understated Gross Receipts by 4 percent or more, the entire expense of the audit must be paid by Lessee. Lessee must also provide annual certified financial statement to City. Any additional payments due City must be paid by Lessee to the City, with annual interest of 15 percent from the date the payment became due. Lessee must make its books and records available at City Hall, 1201 Leopard Street, Corpus Christi, Texas, at such time as required by City's Auditor. c. All rental payments must be made to City at the following address: City of Corpus Christi Director of Finance P.O. Box 9257 120I Leopard Street Corpus Christi, Texas 78469-9257 or at such address as is agreed upon in writing between the parties hereto, as set out in Section 24 below. 5. Peaceful Enjoyment. Lessee may peacefully have, hold, and enjoy the Premises, subject to the other terms hereof and subject to Lessee paying the rentals herein recited and performing all of its covenants and agreements herein. 3 6. Two -Mile Exclusivity. City expressly covenants not to grant any other lease permitting this use on any property City owns or controls within a radius of two miles of the Premises without affording Lessee an option of first refusal to lease same upon substantially the same terms herein. 7. Financing. a. City recognizes that Lessee may borrow funds to repair or improve the structures or buildings on the Premises, or for other purposes, secured by a first lien on security which includes Lessee's interest in the structures and buildings and the leasehold estate for the Premises. The fee simple estate of City in the surface estate burdened by Lessee's leasehold estate must not be subject to such lien, and the lien instrument must contain the following language, or other similar language, approved by the City Attorney: "Lender agrees that the lien created by this instrument is effective only as to the leasehold estate of Kamping Pleasures, Inc., by and between the City of Corpus Christi, as Lessor, and Kamping Pleasures, Inc., as Lessee, and that this instrument does not affect the fee simple interest in the Premises owned by the City of Corpus Christi." b. In the event of any foreclosure by any lender of a lien or liens on the structures or buildings and the leasehold estate in the Premises, such lender or other purchaser at foreclosure and its successors and assigns shall succeed to all rights, privileges, and duties of Lessee, including without limitation the duty to pay rent. 8. Utilities. Lessee must pay prior to the past due date the costs of all gas, electricity, water, heat, or other utilities furnished to or used by Lessee on the Premises. Any lake and/or well water usage must be under separate contract with the City, and all bills will be due when invoiced. 9. Improvements. a. Lessee shall provide, repair and maintain on the Premises a good road network, a boat ramp, a sanitary sewer system with restroom facilities reasonably designed to accommodate the number of campers provided for, an adequate electrical system, adequate drinking water, individual campsites and picnic sites, nature trails, and concession buildings to fully utilize the Premises as a campground in keeping with the protected terrain provisions of this Lease. b. All construction and repairs must be done in accordance with recognized and acceptable safety, environmental, and construction practices and procedures. c. Warning signs must be posted on all piers and docks prohibiting diving or swimming from the 4 piers or docks. Signs must be maintained in good order and may be inspected by the City periodically. d. Any physical additions, or other improvements when made to the Premises by Lessee, the "Improvements", remain Lessee's property, and if Lessee is not in default hereunder, Lessee may remove any such improvements. However, Lessee must not in any manner disturb the water wells, sanitary, utility, and electrical systems, and the campsite and road developments but must deliver up the Premises to City in good condition, fair wear and tear and damage by fire and the elements only excepted. e. During the initial 15 year term, Lessee shall construct the following improvements: (1) rebuild roads; (2) refinish all buildings (i.e. cabins, cottages, restrooms, and camping kitchen); (3) add 50 amps to 20 campsites; and (4) repair water lines. For purposes of this agreement, "rebuild roads" means repair pot holes and maintain roads in reasonable condition. For purposes of this agreement, "repair water lines" means to repair any leaks. f. Lessee is responsible to ensure that its use of the Premises and any contruction at the Premises is conducted in in accordance with all applicable Federal, State, and Local laws and regulations. g. When constructing the improvements described in subsection "e: above, the plans and specifications shall be prepared by state -licensed architects or engineers as required by applicable laws. Construction shall not begin until the City Executive Director of Utilities has been provided advance opportunity to review and comment on the final plans. h. Lessee agrees to maintain Premises in a sanitary, safe and clean condition during construction of the Improvements. i. Lessee agrees to provide City Executive Director of Utilities with a quarterly master plan update of any planned construction at the Premises for review and approval. j. Left blank. k. Lessee shall be solely responsible to ensure that any construction at the Premises is in compliance with all applicable Federal, State, and local laws and regulations, including City building codes . 1. Lessee shall discharge all obligations to contractors, subcontractors, materialmen, workmen and/or other persons for all work performed and for materials furnished for or on account of Lessee as such obligations mature. Lessee expressly agrees that it will neither give nor grant, nor purport to give or grant any mechanic's or materialmen's lien upon the City's property or upon any Improvements thereupon in the process of construction or repair, nor allow any condition to exist or situation to develop whereby any party should be entitled, as a matter of law, to a mechanic's or materialmen's lien against the City's property or Improvements thereon, and Lessee shall discharge any such lien within thirty (30) days after notice of filing thereof. m. During the progress of all work, City's Executive Director of Utilities or designee may enter upon the Premises and make such reasonable inspections as City deems reasonably necessary for purpose of ensuring compliance with this Lease. n. Lessee shall be responsible to obtain all required permits required by applicable laws. Lessee 5 shall only utilize and allow State of Texas licensed electricians, State of Texas licensed plumbers, and State of Texas licensed contractors to perform any work identified in subsection "e" above and also when required by applicable laws. o. The complete cost of developing all necessary plans and specifications and the cost of construction of the Improvements by Lessee shall be borne solely by Lessee and be at no expense to City whatsoever. 10. Maintenance and Repairs. a. Lessee must clean, landscape, and maintain the Premises to preserve the natural terrain and growth, which protects against erosion and excessive removal of natural growth, and must keep the Premises free from debris and refuse and in a clean and sanitary condition at all times. b. Lessee must safely maintain all structures, buildings, and utility s ervices and regulate their use and occupancy so that there is no hazard or danger to the persons or property on or at the Premises. Further, all Lessee's use and occupancy of the structures and buildings must comply with all applicable federal, state, and local laws, rules, and regulations. If Lessee's construction, use or maintenance of any structures or building causes any damage to the Premises, Lessee must repair or replace the Premises to the equivalent improvement existing prior to the damage. At expiration, Lessee must deliver the Premises in good order and condition, natural wear and tear excepted. Upon such termination, City has the right to reenter and resume possession of the Premise. 11. Entry for Inspection. City, by its Executive Director of Utilities or designee , may enter upon any and all parts of the Premises at all reasonable times to inspect said conditions of the Premises for purposes of ensuring compliance with this Lease. 12. Sanitation. Lessee must store garbage and trash in designated areas within the campsite and must use dumpster type containers as the larger collection facilities. Such containers must be housed in a small building, screened, or at appropriately landscaped area(s), at Lessee' s's expense and as approved by the Water Supply Superintendent or his representative. The garbage container area must be landscaped and maintained by Lessee. Lessee must obtain garbage pickup to keep Premises free from odor and pests. Nothing must be stored outside either the dumpster itself or the dumpster housing. 13. Signs and Lighting. Exterior signs and lighting must meet acceptable architectural standards and be in compliance with applicable building code requirements. 6 14. Hurricane Preparedness. If the Corpus Christi area is threatened by a hurricane or some other emergency situation, Lessee must comply with directives of the Executive Director of Utilities or authorized representative pursuant to the hurricane preparedness plan, as shown on Exhibit "C". 15. Independent Contractor. Lessee's is an independent contractor under the Lease. Lessee shall employ sufficient employees to operate the business, which employees are solely in the employ of Lessee. 16. Non-discrimination. Lessee is responsible for the fair and just treatment of all of its employees. Lessee warrants that it is and will continue to be an equal opportunity employer and hereby covenants that no employee or customer will be discriminated against because of race, creed, color, or national origin. Violation of this provision is grounds for the City to immediately terminate this lease. 17. Legal Use. Lessee must not occupy or use, or permit any portion of the Premises to be occupied or used, for any business or purpose which is unlawful, or deemed to be disreputable, or a nuisance or hazardous. 18. Renewal Option. At least 360 days prior to the the termination of the initial fifteen year term of this lease, the Lessee may submit written request to the Executive Director of Utilities to extend this Lease for an additional ten year period upon terms and conditions to be negotiated at that time, which extension shall be subject to written approval of the City Manager which shall not be unreasonably withheld. City Manager may decline to approve the requested extension if City Manager determines in sole discretion that such denial is in best interest of City based upon then existing plans for the utility system and premises. . 19. Assignment, Sublease or Change in management. a. Lessee shall not, without the prior written consent of the City Manager, which will not be unreasonably withheld, assign, or sublease this Lease. Any attempted assignment o r sublease without the prior written consent of the City renders this Agreement null and void City Manager may reasonably withhold such approval when proposed assignee or sublessee has not demonstrated ability to comply with the terms and conditions of this Lease. b. Each provision, term, covenant, obligation, and condition required to be performed by Lessee must be binding upon any assignee and sublessee, and is partial consideration for City's consent to the assignment or sublease. Any failure of assignee or sublessee to strictly comply with each provision, term, covenant, obligation, and condition herein may render this Lease null and void. 7 c. Lessee shall provide City with written notice of change in management personnel of the Lessee's operations or other change in corporate membership or structure of the Lessee organization. 20. Default. a. Default of Lessee. If Lessee fails to pay the rental due hereunder, or defaults in performing any other term, covenant, or condition of this Lease, the City may after fifteen (15) days written notice to Lessee declare this Lease terminated, and City staff may immediately reenter the Premises and remove all persons without legal process and without prejudice to any of its other legal rights, and Lessee expressly waives (1) all claims for damages by reason of such reentry and (2) all claims for damages due to any distress warrants or proceedings of sequestration to recover the rent or possession of the Premises from Lessee. City may not declare this Lease terminated if, within fifteen (15) days after notice of any default, Lessee fully cures such default. b. Default of City. If City defaults in the performance of any covenant or agreement herein contained, which continues for 30 days after Lessee's written notice to the City Manager as set out below, then Lessee may declare the Lease ended and may vacate said Premises and owe no further rent and have no further obligations under this Lease. City's performance of each and every agreement herein is a condition precedent to City 's right to collect rent or to enforce this Lease against Lessee. c. A waiver by either Party of any breach or breaches of any of the provisions of this Lease is not deemed a continuing breach as long as the default continues. If correction of any default reasonably requires a period exceeding thirty (30) days, the non -defaulting Party will grant a reasonable extension. 21. Attorney's Fees. In the event Lessee makes default in the performance of any of the ternls, covenants, agreements, or conditions contained in this lease and City places the enforcement of this lease or any part thereof, or the collection of any rent due or to become due hereunder or recovery of the possession of the demised premises, in the hands of an attorney, or files suit upon same, Lessee agrees to pay City reasonable attorney's fees and payment of the same shall be secured in a like manner as herein provided as to security for rent. 22. Waiver. Failure of City to declare any default immediately upon occurrence thereof or delay in taking any action in connection therewith shall not waive such default, but City shall have the right to declare any such default at any time and take such action as might be lawful or authorized hereunder either at law or in equity. 23. Bankruptcy. If voluntary bankruptcy proceedings are initiated by anyone else to adjudge Lessee as bankrupt, or if execution is issued against it, or if the interest of Lessee in this contract passes by operation of law to any person other than the City, this Lease may, at the option of the City, be terminated by notice addressed 8 to Lessee at the Premises and posted in the United States mail. 24. Abandonment. If the Premises are abandoned or vacated by Lessee, City may relet the same for the remainder of the period covered hereby, and if the rent received through such subletting is not at least equal to the guaranteed rent provided for hereunder, Lessee shall pay and satisfy any deficiencies between amount of the rent called for and that received through subletting. 25. Notice and Addresses. a. All notices, demands, requests, or replies provided for or permitted by this Lease must be in writing and may be delivered by any one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid to the addresses stated below; (3) by prepaid telegram; or (4) by deposit with an overnight express delivery service at If to City: If to Kamping Pleasures, Inc: City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 Attn: Executive Director of Utilities Kamping Pleasures dba Mustang Hollow Campground 101 CR 371 Mathis, Texas 78368 b. Notice deposited with the United States Postal Service in the manner described above is deemed effective on the third day after deposit. c. Notice by telegram or overnight express delivery service is deemed effective one business day after transmission to the telegraph company or overnight express carrier. 26. Modifications. No changes or modifications to the Lease may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 27. Delinquency. Lessee is "delinquent" or "in default" if the City has not received Lessee's quarterly rental payment on or before 5:00 p.m. on the 10th day of the month following the calendar month for the quarter for which the rental obligation accrues. If the I Oth day falls on a weekend or a holiday, payment may be tendered on the first business day thereafter. Lessee's failure to pay the amount due or provide the within five (5) days after the City Manager so requests in writing is grounds to terminate this Lease. 9 28. Insurance. a. Lessee must provide insurance in the amounts and types of coverage required by the City Director of Risk Management, or his designee, ("Risk Manager"), a copy of which is attached and incorporated as Exhibit "D". Lessee's insurance company(ies) must provide the Water Supply Superintendent and the Risk Manager certificate(s) of insurance thirty (30) days prior to the annual anniversary date of the Effective Date of the Lease, which shows the level and type of insurance. Lessee's insurance company(ies) must provide the Water Supply Superintendent and Risk Manager thirty (30) days notice, by certified mail, prior to cancellation, non -renewal, or material change in the insurance policy(ies). b. The Risk Manager will annually assess the level and types of insurance required by the Lease. The Risk Manager can increase or decrease the level or types of insurance by giving Lessee notice no less than sixty (60) days prior to the annual anniversary date of the Effective Date of the Lease. Lessee has thirty (30) days to procure the changed insurance and provide written proof of insurance to the Water Supply Superintendent and the Risk Manager. c. Lessee's insurance policy shall include liability coverage for subccontractors including but not limited to specifically providing coverage for: 1) Rebuilding and maintenance of road; 2) Refinishing buildings; 3) Electrical work pertaining to adding 50 amps to 20 camp sites; and 4) Repair of water lines. 29. Indemnity. a. Lessee covenants to indemnify and hold harmless City, its officers, employees, or agents ("Indemnitee") from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against City on account of injury or damage to person(s) or property to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part , by an act or omission, negligence, or misconduct on the part of Lessee or any of its agents, servants, employees, contractors, patrons, guests, licensees, sublessees, or invitees entering upon the Premises or the structures pursuant to this Lease with the expressed or implied invitation or permission of Lessee (collectively "Lessee's Invitee") or when any such injury or damage is the result, proximate or remote, of the violation by Lessee, or Lessee's Invitee of any law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the structures located on the Premises herein or out of the use or occupancy of the 10 structures on the Premises or the Premises itself by Lessee, or Lessee's Invitee. b. Lessee covenants and agrees that in the event the City is made a party to any litigation against Lessee or in any litigation commenced by any party other than Lessee relating to this Lease, Lessee must defend City upon receipt of reasonable notice regarding commencement of such litigation. 30. Taxes. a. Lessee must pay all taxes and all other licenses and fees required to operate and maintain operations which Lessee's use of the Premises cause to be assessed against the Premises and any Fixed Assets or Personal Property appurtenant thereto, prior to the due date. b. Further, Lessee covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Circular E Employer's Tax Guide, Publication 15, as it may be amended, prior to their respective due dates. Additionally, Lessee must ensure that each employee under Lessee's employment must be covered by workers' compensation insurance in compliance with State law. Lessee must provide proof of payment of these taxes and workers' compensation insurance within thirty (30) days after Water Supply Superintendent requests proof of payment. Failure to pay or provide proof of payment is grounds to terminate this Lease. 31. Disclosure of Interests. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http : //www. cctexas. com/government/city-secretary/conflict-disclosure/index. 32. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond their control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. These delays or failures to perform shall extend the period of performance until these exigencies have been removed. 33. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Any reasonable costs incurred for repairs or corrections for which Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment date, or within 30 days written demand. 11 34. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, if required by the City Charter, in the legal section of the local newspaper. 35. Casualty. If the Premises become damaged due to any event including but not limited to weather event, fire, or other natural or man-made disaster, such that the Premises are not deemed safe for occupation by the City Building Official, and all repairs are not completed within 30 days of the event of disaster, then either party may terminate this lease upon 30 days written notice to the other party, without penalty. 36. Removal of Property upon Termination. It is Lessee's responsibility to remove its property from the Premises prior to termination or expiration of the Lease. Lessee agrees that any of property remaining on the Premises after the termination or expiration of the Lease automatically becomes City property without any notice, action, or process of law, for disposition by the City as City deems appropriate in City Manager sole discretion, with no compensation to Lessee. 37. Interpretation. a. This Lease must be interpreted according to the Texas laws which govern the interpretation of contracts. b. The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. 38. Entire Agreement. This Lease and the exhibits incorporated and attached constitute the entire agreement between the City and Lessee for the use granted. All other agreements, promises and representations with respect thereto, unless contained in this Lease, are expressly revoked, as it is the parties' intent to provide for a complete understanding within the provisions of the document, and the exhibits incorporated and attached hereto, the terms, conditions, promises, and covenants relating to Lessee's commercial operations and the Premises to be used in the conduct of said operations. The unenforceability, invalidity, or illegality of any provision of this Lease does not render the other provision unenforceable, invalid, or illegal. 12 AGREED TO BY: KAMPING PLEASURES, INC. By: Name: /boa/N A1 . Title: PK,¢...S/pj &. T Date: ©e7'Sf n2Q / 8 STATE OF COUNTY OF 4 �� l This instvument was acknowledged before me on ()c. -r, 2018 by ���''^ S<rte"'r , as the P^ef r d4 ►iX for Kamping Pleasures, Inc. on behalf of said corporation. ow JAMES R. HEAT©N Commtwton Number 177603 . My Commits— low UExplre 13 AGREED TO BY: CITY OF CORPUS CHRISTI By: Name: Date: ATTEST By: Rebecca Huerta, City Secretary Approved as to legal form: By: Assistant City Attorney For the City Attorney STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on , 2018 by , as the for City of Corpus Christi, on behalf of said municipality. Notary Public 14 EXHIBIT A The land area above the 94 -foot contour out of the 639.79 acres of land, more or less, in the Mary B. Kelvin survey, and being the same tract of land conveyed to C. L. Boothe by F. M. Hampton, et al by Deed dated January 10, 1931, recorded in Volume 40, Page 565, Deed Records of Live Oak County, Texas, SAVE AND EXCEPT the following: 1. 9.63 acres conveyed to F. M. Jones, et al, by C. L. Brother by Deed dated February 16, 1940, and recorded in Volume 80, Page 383, Deed Records of Live Oak County, Texas. 2. 7.17 acres described in Deed from C. L. Boothe to the State of Texas, dated November 14, 1933, and recorded in Volume 51, Page 291, Deed Records of Live Oak County, Texas. 3. 15 acres, BEGINNING at a point, said point being a 1 -1/2 -inch iron pipe located 60.0 feet S. 30 degrees 15' E. of S. F. Coffin's south or southeast fence at a point in said fence 580.0 feet S. 59 degrees 45' W. Of it's intersection with the west right- of -way line of State Highway #9, said intersection being the southeast comer of the S. F. Coffin tract; THENCE S. 59 degrees 45'W. At 113.0 feet past a 1 -1/2 -inch iron pipe in all 1,620.0 feet to a 1 -1/2 -inch iron pipe, aid iron pipe being 60.0 feet from the S. F. Coffin fence and on the 94 -foot contour; THENCE following the meanders of the 94 -foot contour in accordance with the following metes and bounds S. 38 degrees 50' E. 145.0 feet, S. 12 degrees 10' W. 105.0 feet, S. 15 degrees 15' W. 81.0 feet, S. 13 degrees 40' E. 222.0 feet, N. 26 degrees 00' E. 65.0 feet N. 16 degrees 15' E. 82.0 feet, N. 41 degrees 30' E. 54.0 feet; N. 24 degrees 10' E. 63.0 feet, N. 19 degrees 30' E. 35.0 feet, N. 46 degrees 10' E. 234.0 feet to a 1 -1/2 -inch iron pipe at the end of the meanders of the 94 -foot contour; pipe; pipe; THENCE N. 30 degrees 15' W. 159.0 feet to a point, said pint being a 1-1/2- inch iron THENCE N. 59 degrees 45' E. 113.0 feet to a point, said point being a 1-1/2- inch iron THENCE N. 30 degrees 15' W. 301.0 feet to a point, said point being a 1- 1/2 -inch iron pipe and also being the point of BEGINNING. 15 EXHIBIT B Vicinity Map Three Riven tgo George West Cadiz SO Cl are,:le Kamping Pleasures, Inc. Orange Grove Alfred BYP E Nglnry� 1, Alice 261 O Imo, Matn,s BlrrrUer Skidmore PapalCrwll Sinton wen nt6n ran woodfborO • Gaon (J ne.mu 511 arn. C.d.... ICY hr.• 0, P.*p0 mRms.". e Fr.huq a 40. Don, Saxe III Pendell. ® B^" n"'"o o i µ e LP Gr B 4d P.,4 Linn Paint t lat hike Carpus Christi 1111 Ploppmml • ■ 4 4 A A b B.tlr a Nore4wnY 131 16 EXHIBIT C Hurricane Preparedness Emergency Levels and Response City of Corpus Christi The following system for indicating the various levels of hurricane warnings will be used: (1) Readiness Level 4 — Normal Conditions This level is maintained throughout the year. Basic stock of emergency response equipment and supplies is maintained. Readiness Level 3 — Increased Readiness This level indicates the existence of a weather situation that could develop into a hurricane emergency but is not an immediate threat to this area. Readiness Level 2 — High Readiness This level indicates that a possibility exists of hurricane landfall in the Coastal Bend area. Readiness Level 1 — Maximum Readiness This level indicates that hurricane landfall is imminent or has occurred. Hurricane PreparednessPlan of Kamping Pleasures, Inc.. When Emergency Level Three (3) is announced, loose objects must be secured (2) When Emergency Level Two (2) is announced, the campers must be alerted for possible evacuation and briefed on escape routes. (3) At Emergency Level One (1), it is anticipated that the camp site will be secured and the campers advised to evacuate the Premises. EXHIBIT D — LESSEE'S REQUIRED INSURANCE INSURANCE REQUIREMENTS LESSEE'S LIABILITY INSURANCE 17 A. Lessee must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any sublessee, to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Contract Administrator (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of 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 11 of this Exhibit. $500,000/$500,000/$500,000 18 C. In the event of accidents of any kind related to this contract, Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Lessee is not domiciled in the State of Texas. B. Lessee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Lessee shall be required to submit 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. Lessee agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf 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. 19 E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance 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 Legal Kamping Pleasures Lease Agreement 03/29/2018 sw Risk Management LOCATION MAP NOT TO SCALE Kamping Pleasures Inc. Campground Lease 40 AC - Live Oak County 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: 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 tammyecctexas.com 361.826.3622 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 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 86th 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. General State Legislative Polic The City SUPPORTS legislation and/or The City OPPOSES legislation and/or administrative administrative actions that: 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 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 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 1 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 116th 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 2 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 $490 million 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 3 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 use planning 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 4 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 codes and 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 (85th 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 5 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 6 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 7 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 8 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 remain in 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 9 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 Page 10 of 10 Legislative Priorities 116th United States Congress And 86th Texas Legislature Council Presentation November 13, 2018 General Legislative Policy The City SUPPORTS state and federal legislation The City OPPOSES state and federal legislation and/or and/or administrative actions that: 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. 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. 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. Contract Lobby Team Larry Meyers Meyers & Associates, Washington, D.C. Brandon Aghamalian, Curtis Seidlits, Snapper Carr Focused Advocacy, Austin, TX 5 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. 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. 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. 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. 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. 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. 11 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. 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). 13 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. 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. 15 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. 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. 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. 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. 19 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. 20 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 First Reading Ordinance for the City Council Meeting of November 27, 2018 Second Reading Ordinance for the City Council Meeting of December 04, 2018 DATE: TO: Keith Selman, Interim City Manager November 7, 2018 FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 Ordinance changing the FY 2018-2019 Operating budget regarding the number of Police Officer positions budgeted CAPTION: Ordinance amending Ordinance No. 031548 by increasing the number of positions authorized for classification of "Police Commanders (Deputy Chief)" from four to five and decreasing the number of positions authorized for classification of "Police Captain" from 16 to 15. PURPOSE: Realignment of staff. BACKGROUND AND FINDINGS: Chief of Police Mike Markle requests the modification to implement a realignment of staff. ALTERNATIVES: None OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Conforms to all city policies. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance Legal FINANCIAL IMPACT: X Operating Revenue Capital Not applicable Fiscal Year: 2018- 2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item $7,402 $9,623 $17,025 BALANCE Fund(s): Police General Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Ordinance No. 031548 by increasing the number of positions authorized for classification of "Police Commanders (Deputy Chief)" from four to five and decreasing the number of positions authorized for classification of "Police Captain" from 16 to 15 WHEREAS, the Police Department is seeking a realignment of staff; and WHEREAS, pursuant to §143.021 Texas Local Government Code, the Corpus Christi City Council shall prescribe the number of positions in each classification. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Ordinance No. 031548, SECTION 3. Police Officer Positions, is amended by increasing the number of positions authorized for classification of Police Commanders (Deputy Chief) from four to five and decreasing the number of positions authorized for classification of "Police Captain" from 16 to 15. Police Officer Positions The number of positions authorized for each police officer classification in the Police Department shall be: Police officer and senior police officer- 436* Police Lieutenant- 39 Police Captain —1--6 15 Police Commander, also known as Deputy Chief - Assistant Police Chief- 3 Police Chief- 1 FY18- 19 TOTAL 499 * These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. 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 AGENDA MEMORANDUM First Reading for the City Council Meeting of November 27, 2018 Second Reading for the City Council Meeting of December 4, 2018 DATE: TO: FROM: November 16, 2018 Keith Selman, Interim City Manager Eddie Houlihan, Director of Management and Budget EddieHo@cctexas.com (361) 826-3792 Appropriation of FEMA Funds for Damage Repairs due to Hurricane Harvey CAPTION: Ordinance accepting and appropriating $720,879.31 in FEMA reimbursements for Hurricane Harvey repairs as follows: $396,518.92 in the No. 1020 General Fund; $37,440.87 in the No. 4010 Water Fund; $192,917.10 in the No. 4200 Wastewater Fund; $26,426.38 in the No. 4610 Airport Fund; and $67,576.04 in the No. 5115 Assets Management - Facilities Fund; appropriating $75,000 from the General Fund unreserved fund balance for the direct administrative costs for FEMA reporting; and amending the Operating Budget by increasing expenditures by $795,879.31 PURPOSE: To appropriate funds for repairs required due to damages sustained in Hurricane Harvey and direct administrative costs related to FEMA reporting. BACKGROUND AND FINDINGS: During the past 14 months the City has been working closely with the FEMA on repair projects that need to take place due to Hurricane Harvey. FEMA has reimbursed the City for some repairs and has also advanced the City funds for repairs. The total amount appropriated in this Ordinance has been received from FEMA. The direct administrative costs are eligible for FEMA reimbursement. Fund FEMA Appropriation Reimbursement General Fund — (1020) $396,518.92 $471,518.92 Water — (4010) $37,440.87 $37,440.87 Wastewater — (4200) $192,917.10 $192,917.10 Airport — (4610) $26,426.38 $26,426.38 Assets Management -Facilities (5115) $67,576.04 $67,576.04 ALTERNATIVES: None. OTHER CONSIDERATIONS: None. CONFORMITY TO CITY POLICY: Conforms to City Policies EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Finance Budget FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $0 $0 $0 Encumbered / Expended Amount $0 $0 $0 This item $795,879.31 $0 $795,879.31 BALANCE RECOMMENDATION: Staff recommends appropriating the funds for repairs. LIST OF SUPPORTING DOCUMENTS: See Appendix 1 for a complete project list Ordinance Ordinance accepting and appropriating $720,879.31 in FEMA reimbursements for Hurricane Harvey repairs as follows: $396,518.92 in the No. 1020 General Fund; $37,440.87 in the No. 4010 Water Fund; $192,917.10 in the No. 4200 Wastewater Fund; $26,426.38 in the No. 4610 Airport Fund; and $67,576.04 in the No. 5115 Assets Management - Facilities Fund; appropriating $75,000 from the General Fund unreserved fund balance for the direct administrative costs for FEMA reporting; and amending the Operating Budget by increasing expenditures by $795,879.31 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1: That the City Manager is authorized to execute all documents necessary to accept FEMA reimbursements for Hurricane Harvey repairs in the amount of $720,879.31. Section 2. That the $720,879.31 in FEMA reimbursements are appropriated for repairs necessitated by Hurricane Harvey as follows: $396,518.92 in the No. 1020 General Fund; $37,440.87 in the No. 4010 Water Fund; $192,917.10 in the No. 4200 Wastewater Fund; $26,426.38 in the No. 4610 Airport Fund; and $67,576.04 in the No. 5115 Assets Management - Facilities Fund; and that $75,000 is appropriated from the General Fund unreserved fund balance for the direct administrative costs for FEMA reporting. Section 3. That the FY 18-19 Operating budget adopted by City Ordinance No. 031548 is amended to increase expenditures by $795,879.31. 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 Page 1of2 Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor Page 2 of 2 FEMA - SMALL PROJECTS FUNDS RECEIVED lnfor Activity # Project Worksheet Project Amount Date Recd Deposited to: Record Expense to: 70003 F1448011020EXP 1448 Fire Stn #16 -Park Ops -Fuel Stn 9,741.39 9/28/2018 1020 1020-70003-501 F1725011020EXP 1725 Fire Stn #16 -Park Ops -Admin 9,602.75 10/9/2018 1020 1020-70003-501 F2499011020EXP 2499 Fire Station #1 19,526.00 1020 1020-70003-501 F1211011020EXP 1211 Animal Ctrl/Vector Ctrl Admin 2,968.51 9/24/2018 1020 1020-70003-502 F1083011020EXP 1083 Police Station/Municipal Court 66,505.93 9/19/2018 1020 1020-70003-502 F1274011020EXP 1274 Lindale Rec Ctr Courts 2,976.90 9/24/2018 1020 1020-70003-504 F1285011020EXP 1285 Lindale Rec Ctr 5,495.95 9/28/2018 1020 1020-70003-504 F1657011020EXP 1657 HEB Pool Bathhouse 3,690.00 8/15/2018 1020 1020-70003-504 F2607011020EXP 2607 HEB Tennis Ctr Expansion (PW has HEB Ba 33,136.57 9/28/2018 1020 1020-70003-504 F1575011020EXP 1575 Greenwood Sr. Center 2,863.76 8/15/2018 1020 1020-70003-504 F1306011020EXP 1306 Press Box/Concession Intl. Westside 5,655.91 9/10/2018 1020 1020-70003-504 F1606011020EXP 1606 Neyland Public Library 5,401.51 9/10/2018 1020 1020-70003-532 F1655011020EXP 1655 La Retama Central Library 90,456.35 10/16/2018 1020 1020-70003-532 F1234011020EXP 1234 Xeriscape Garden Museum 13,999.52 9/24/2018 1020 1020-70003-533 F1239011020EXP 1239 Science Museum - Mechanical 94,703.66 9/14/2018 1020 1020-70003-533 F2036011020EXP 2036 Watergarden Vault 29,794.21 10/4/2018 1020 1020-70003-533 General Fund Total 396,518.92 F2745014010EXP 2745 O.N. Stevens - Oil Shed 37,440.87 10/2/2018 4010-70002-888; 305700 4010-70003-520 Water Fund Total 37,440.87 F2554014200EXP 2554 Allison WWTP Blower Motor 2,959.34 9/24/2018 4200 4200-70003-523 F1221014200EXP 1221 Whitecap WWTP office 3,150.00 9/24/2018 4200 4200-70003-523 F1035014200EXP 1035 Oso WWTP Light Pole 2,906.69 9/24/2018 4200 4200-70003-523 F1398014200EXP 1398 Oso WWTPECR2 9,752.75 9/24/2018 4200 4200-70003-523 F1094014200EXP 1094 Greenwood WWTP Chlorine Bldg 4,392.12 9/24/2018 4200 4200-70003-523 F924011020EXP 924 City -County Health Bldg 17,513.56 7/16/2018 1020 4200-70003-523 F942014010EXP 942 Greenwood WWTP - Fence 5,229.00 7/16/2018 4200 4200-70003-523 F1017014200EXP 1017 Whitecap WWTP - Fence 17,119.41 8/2/2018 4200 4200-70003-523 F1048014200EXP 1048 OSO WWTP - ECR4 27,324.88 8/2/2018 4200 4200-70003-523 F1069014200EXP 1069 Whitecap WWTP - Lift Station 5,736.70 8/2/2018 4200 4200-70003-523 F1704014200EXP 1704 Greenwood WWTP - Blower Bldg 2,987.79 8/15/2018 4200 4200-70003-523 F1562014200EXP 1562 Laguna WWTP - Lift Station 3,366.63 8/15/2018 4200 4200-70003-523 F1594014200EXP 1594 OSO WWTP - Belt Press 2,869.98 8/17/2018 4200 4200-70003-523 F1466014200EXP 1466 OSO WWTP - Blower House 2 13,500.00 9/10/2018 4200 4200-70003-523 F898014200EXP 898 Allison WWTP - Belt Press 3,353.27 9/10/2018 4200 4200-70003-523 F1263014200EXP 1263 Allison WWTP - Fence 4,995.76 9/19/2018 4200 4200-70003-523 F1507014200EXP 1507 Laguna WWTP 5,041.10 9/28/2018 4200 4200-70003-523 F1663014200EXP 1663 Oso WWTP Blower House 4 27,437.22 9/28/2018 4200 4200-70003-523 F1206014200EXP 1206 Greenwood WWTP BeltPressBayDoors 14,594.00 10/4/2018 4200 4200-70003-523 F1560014200EXP 1560 Laguna WWTP - Blower Room 3,386.31 10/9/2018 4200 4200-70003-523 F1551014200EXP 1551 Greenwood WWTP-Sodium Bisulfite Cano 7,153.80 10/9/2018 4200 4200-70003-523 F1761014200EXP 1761 Allison WWTP - Light Pole 8,146.79 10/26/2018 4200 4200-70003-523 Wastewater Fund Total 192,917.10 F1302014610EXP 1302 Airport Terminal 16,838.08 10/16/2018 4610-70002-888; 305700 4610-70003-524 F1733014610EXP 1733 Airport Hangar #1 9,588.30 10/30/2018 4610-70002-888; 305700 4610-70003-524 Airport Fund Total 26,426.38 F1372015115EXP 1372 City Hall Damages - roof 24,885.44 9/24/2018 5115-70002-888; 305700 5115-70003-526 F2772015115EXP 2772 Fire Admin & Dev Services 27,000.00 9/24/2018 5115-70002-888; 305700 5115-70003-526 F1302014610EXP 1386 Art Museum of So. Texas 15,690.60 10/16/2018 5115-70002-888; 305700 5115-70003-526 Assets Management - Facilities Total 67,576.04 Grand Total 720,879.31 Ordinance exempting Kenley Estates, located east of Flour Bluff Drive and South of Glenoak Drive, from payment of wastewater lot or acreage fees under section 8.5.2.G.1 of Unified Development Code; requiring sanitary sewer connection agreement. WHEREAS, Kenley Estates, located East of Flour Bluff Drive and South of Glenoak Drive, is not currently served by the City wastewater system; WHEREAS, LOWM Inc., ("owner") has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. It is determined that Kenley Estates is not likely to be served by City wastewater services within the next 15 years and is exempted from the payment of wastewater lot or acreage fees at this time in the accordance with Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and LOWM, Inc., David B. Wilson, 4434 Sunlight Drive, Corpus Christi, Texas 78413 hereinafter called "Developer/Owner". WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Kenley Estates, Located East of Flour Bluff Drive, and south of Glenoak Drive, hereinafter called "Development," (Exhibit 1 and 2); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, 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 CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF KENLEY ESTATES, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. EXECUTED original, this DEVELOPER/OWNERS: , ,d,,(____ LOW�III; Inc. David B. Wilson (President) STATE OF TEXAS § COUNTY OF NUECES § I ate day of OCl'oher . 2018. JESSI LEE JOHNSON NOTARY PUBLIC•STATE OF TEXAS 1D $ 13059873.5 COMM. EXP. 09.211.2021 This instrument was acknowledged beforenme on this I h , day of bC 1aer , 2018, by J'cccl \J D %% Gil \)i VLl Not ry Public, State of Texas Sanitary Sewer Connection Agreement Kenley Estates Page 2 of 5 CITY OF CORPUS CHRISTI: Nina Nixon -Mendez, FAICP Interim Director of Development Services THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2018, by , Interim Director of Development Services for the City of Corpus Christi, Texas. Notary Public's Signature APPROVED as to form: kt/e jv-11-rt Buck Brice Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Kenley Estates Page 3 of 5 If 1 frit q !illi 9'1 2 711 ci 1 FINAL PLAT OF KENLEY ESTATES CITY OI CORPUS CHRISTI NVECLS COMM TTAA3 Sanitary Sewer Connection Agreement Kenley Estates If Ig 7 3.1 157 17 EXHIBIT 1 M 0O) a� rn T rn 73rn ZO 0Z > 0 p ozc O r 1-00 cnc C' 00Q o mm oma-- 0o; �� oz m� em (I)� m 0 0 0 �t-)z m mcn Q o cS Z.I OC Cn N co r- T a 0 HANSON Page 4 of 5 R ►v N28° 33' 23"E 450.00' to NY n a. 5 ..rcR L S2.8* 33' 23i'W 456 i 0' '.R 4lI.G "tu..t 01 I. 1 NI. l.uy 1 ..r .:113:1A,.. A�.1fN'a `I4 .417. 1I. -"a -.I. g 1� * ~ T v.. 04 11. r a ) �Y•yc.. 4 •,L1• e rn N O �.y. I.'1 ,p. I 11102222,2 8 8 8 4 R, i 8 m 4 A it 15N515))I1 tile 6 613 6 R14 B 3 A # a SJe F 8 7 R 4 S I E R 8 r n A ■ I Ii 1- 1,''.. 1. .cvr.i t. I. z : L11'1?D AL • FINAL PLAT OF KENLEY ESTATES C.o.7us CI..I�.. C777� Of CORPUS CMRIS7I RVECES COMM' TEXAS lM•11! SnfrK.l RS d� § 51 @ p. 5jilllSk 93 Mak! 1; ig 11140! 1; IghbAE. .5 I€ s Ilf 5111141 d Ca i2 11 I idP igi 6E 1 A SE RI ..1r Ae HANSON1•••••••••••1 •• TM ""e""" l+rrnyr�•• ••r. •••••••9.•••mi..I wr.�.... EXHIBIT 2 Sanitary Sewer Connection Agreement Kenley Estates Page 5 of 5 AGENDA MEMORANDUM First Reading for the City Council Meeting of November 27, 2018 Second Reading for the City Council Meeting of December 4, 2018 DATE: November 6, 2018 TO: FROM: Keith Selman, Interim City Manager Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Ordinance — Exempting Kenley Estates, located east of Flour Bluff Drive and South of Glenoak Drive, from payment of wastewater acreage fee under section 8.5.2.G.1 of the Unified Development Code; requiring a sanitary sewer connection agreement. CAPTION: Ordinance exempting Kenley Estates, located east of Flour Bluff Drive and south of Glenoak Drive, from the payment of the wastewater acreage fee under Section 8.5.2.G.1 of the Unified Development Code; requiring a sanitary sewer connection agreement. PURPOSE: Exempt the owner/developer of Kenley Estates from paying $21,428.44 in wastewater lot or acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: Hanson Professional Services, on behalf of LOWM, Inc., property owner, submitted a request for an exemption from the wastewater acreage fee in accordance with Section 8.5.2.G. The potential wastewater acreage fee is $21,428.44, based on the rate of $1,571.00 per acre. The subject property consists of 13.64 acres. Kenley Estates is a final plat of 13.64 acres, consisting of 20 single-family residential lots (and two (2) non -buildable lots). The final plat was approved by Planning Commission on August 8, 2018. The subject property is located east of Flour Bluff Drive, and south of Glenoak Drive. Currently, this area does not have wastewater services reasonably available, because collection lines of adequate capacity to serve the proposed development are greater than 1,000 feet away. The subject property will provide on-site sewage facilities in conformance with the regulatory agency (City -County Health Department). Staff does not anticipate availability of service within the 15 -year term. 1 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@AC1 E7FFB\@BCL@AC1 E7FFB.doc ALTERNATIVE: Require the owner to pay the applicable wastewater acreage fee in the amount of $21,428.44 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: On August 8, 2018, the Planning Commission recommended that City Council approve the wastewater exemption subject to a Sanitary Sewer Connection Agreement. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Fig Not applicable Fiscal Year: 2017- 2018 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: On August 8, 2018, the Planning Commission recommended that City Council approve the exemption of the wastewater acreage fee subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro -rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot or acreage fee in effect if public wastewater becomes available within 15 years of the plat being filed for record. 2 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@AC1 E7FFB\@BCL@AC1 E7FFB.doc LIST OF SUPPORTING DOCUMENTS: Ordinance Sanitary Sewer Connection Agreement Presentation 3 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@AC1 E7FFB\@BCL@AC1 E7FFB.doc Wastewater Lot/Acreage Fee Exemption Kenley Estates (Final Plat) City Council Presentation November 27, 2018 Vicinity Map 7.1644 rr47=sr*R °ri t rj Ahr ¢r ►��; ti , r • efiz im f r� ti +.� .. {I �ilflt• ffl �� a. f' hiti\ el▪ f r .•}i. w t �1 ' 3 MtI f • 1:0,- f# 1 # X1'4 4:• • #4-. �'i tfem''. ▪ �. fpm ▪ 4.4 At .41IF it, Unaing p ri 417 "110111110.11P Kenley Estates .'s rd. N t 2 Aerial Overview Legend: 24" diameter Manhole connection to 24" Trunk Line These manholes & lines are not connected to any trunk or collection line 3 Planning Commission and Staff Recommendation Approval of Wastewater Lot/Acreage Fees Exemption, subject to Sanitary Sewer Agreement AGENDA MEMORANDUM First Reading for the City Council Meeting of November 27, 2018 Second Reading for the City Council Meeting of December 4, 2018 DATE: TO: November 5, 2018 Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Ordinance — Exempting owner/developer from the payment of wastewater lot or acreage fee for property located south of Yorktown Boulevard and west of Waldron Road CAPTION: Ordinance exempting Trail Blazer Addition, Block 1, Lot 5, located south of Yorktown Boulevard and west of Waldron Road, from the payment of the wastewater lot or acreage fees under Section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions. PURPOSE: Exempt the owner/developer of Trail Blazer Addition, Block 1, Lot 5 from paying $20,658.65 in wastewater lot or acreage fees. BACKGROUND AND FINDINGS: Voss Engineering, on behalf of Randall and Debora Arnold, property owners, submitted a request for an exemption from the wastewater lot or acreage fees in the accordance with Section 8.5.2.G. The potential wastewater lot or acreage fees are $20,658.65 based on the rate of $1,571.00 per acre. The subject property consists of 13.15 acres. Trail Blazer Addition, Block 1, Lot 5 is a final plat for 13.15 acres. The property is zoned Farm Rural (FR). The land owner proposes to construct one (1) single family detached home. The final plat was approved by Planning Commission on August 8, 2018. The subject property is located south of Yorktown Boulevard and west of Waldron Road. Currently, this area does not have wastewater services reasonably available, because collection lines of adequate capacity to serve the proposed development are greater than 1,000 feet away. The subject property will provide on-site sewage facilities in conformance with the regulatory agency (City -County Health Department). Staff does not anticipate availability of service within the 15 -year term. 1 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@A01477A9\@BCL@A01477A9.doc ALTERNATIVE: Require the owner to pay the applicable wastewater lot and acreage fees in the amount of $20,658.65 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: On August 8, 2018, the Planning Commission recommended that City Council approve the wastewater exemption. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital ot 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: On August 8, 2018, the Planning Commission recommended that City Council approve the exemption of the wastewater lot and acreage fees. LIST OF SUPPORTING DOCUMENTS: Ordinance Sanitary Sewer Connection Agreement Presentation 2 C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@A01477A9\@BCL@A01477A9.doc Page 1 of 2 Ordinance Exempting Trail Blazer Addition block 1, lot 5, located south of Yorktown Boulevard and west of Waldron Road from the payment of the wastewater lot or acreage fee under section 8.5.2.G.1 of the Unified Development Code; requiring the owner/developer to comply with the specified conditions WHEREAS, Trail Blazer Addition, Block 1, Lot 5, located South of Yorktown Boulevard and west of Waldron Road is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of Trail Blazer Addition, Block 1, Lot 5, Randall and Debora Arnold ("owner") the Planning Commission has recommended City Council approving the applicant request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC). SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor C:\Users\Iegistar\AppData\Local\Temp\BCL Technologies\easyPDF 8\@BCL@E00D959A\@BCL@E00D959A.doc Wastewater Lot/Acreage Fee Exemption Trail Blazer Addition, Block 1, Lot 5 (Final Plat) City Council Presentation November 27, 2018 Vicinity Map i N Aerial Overview Trail Blazer Addition, Block 1, Lot 5 (13.15 Acres +/-) i N 3 Aerial Overview Planning Commission and Staff Recommendation Approval of Wastewater Lot/Acreage Fee Exemption, subject to Sanitary Sewer Agreement SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Randall and Debora M. Arnold, 3307 Bali Drive Corpus Christi, Texas 78418, hereinafter called "Developer/Owner". WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Trail Blazer Addition, Block 1, Lot 5, Located South of Yorktown Boulevard, and west of Waldron Road, hereinafter called "Development," (Exhibit 1 and 2); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. City agrees: .11 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, 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 CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF TRAIL BLAZER ADDITION, BLOCK 1, LOT 5, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. EXECUTED original, this /D /A day of , 2418. OPER/OWNERS: Randall Arnold Owner STATE OF TEXAS § COUNTY OF NUECES § 'Debora M. Arnold Owner r2� This instrument was acknowledged before me on this `-' , day of O&tOO-Q- r , 2018, by :07Ik JACQUELINE FAYE SPEARS = Notary PabIIa, State of Texas .? Comm. Expires 04-20-2021 '`'� Notar ID 131098883 Sanitary Sewer Connection Agreement Trail Blazer Addition, Block 1, Lot 5 ary P blic, State of T Page 2 of 4 CITY OF CORPUS CHRISTI: Nina Nixon -Mendez, FAICP Interim Director of Development Services THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , 2018, by , Interim Director of Development Services for the City of Corpus Christi, Texas. Notary Public's Signature APPROVED as to form: Buck Brice Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Trail Blazer Addition, Block 1, Lot 5 Page 3 of 4 0 w a > o ww m 7 m !LL: co Q z o N N. b it roa YZ .Sb o£0S g ai ; 1 is d frig `t S3 +fir 'Z7, s ill ;1111 qhi 1/ lic Ri1111 gg h imii1111111 10; g 1 V. • Up EXHIBIT 1 Sanitary Sewer Connection Agreement Trail Blazer Addition, Block 1, Lot 5 Page 4 of 4 AGENDA MEMORANDUM First Reading for the City Council Meeting of November 27, 2018 Second Reading for the City Council Meeting of December 4, 2018 DATE: TO: FROM: November 5, 2018 Keith Selman, Interim City Manager Nina Nixon -Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 Ordinance Exempting owner/developer from payment of wastewater lot/acreage fee for property located south of Northwest Boulevard and east of County Road 73 subject to a sanitary sewer connection agreement CAPTION: Ordinance exempting Puerto Los Caballeros Tract, Block 1, Lot 1 located south of Northwest Boulevard and east of County Road 73, from the payment of the wastewater acreage fee under Section 8.5.2.G.1 of the Unified Development Code; requiring a sanitary sewer connection agreement. PURPOSE: Exempt the owner/developer of Puerto Los Caballeros Tract, Block 1, Lot 1 from paying $62,447.25 in wastewater acreage fees subject to execution of a Sanitary Sewer Connection Agreement. BACKGROUND AND FINDINGS: Urban Engineering, on behalf of Puerto Los Caballeros, LLC, property owner, submitted a request for an exemption from the wastewater acreage fee in accordance with Section 8.5.2.G. The potential wastewater acreage fee is $62,447.25, based on the rate of $1,571 per acre. The subject property consists of 39.75 acres. Puerto Los Caballeros Tract, Block 1, Lot 1 is a final plat of 39.75 acres, consisting of one (1) lot, zoned General Commercial 2 ("CG -2"). The final plat was approved by Planning Commission on May 16, 2018 and was extended on October 31, 2018. The subject property is located south of Northwest Boulevard (FM 624) and east of County Road 73. 1 On October 17, 2018, the Planning Commission granted a waiver to the requirement to connect to sanitary sewer, finding that the subdivision was not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards. Currently, this area does not have wastewater services reasonably available, because collection lines of adequate capacity to serve the proposed development are greater than 1,000 feet away. The distance from the property to the nearest collection line of adequate capacity is 2,604 feet. The subject property will provide on-site sewage facilities in conformance with the regulatory agency (City -County Health Department). Per UDC 8.5.2.G, areas exempt from the payment of lot or acreage fees shall be determined by the City Council to not likely be served by City Wastewater services within the next 15 years. Staff does not anticipate availability of service to this property within the 15 -year term. ALTERNATIVE: Require the owner to pay the applicable wastewater acreage fee in the amount of $62,447.25 prior to the recording of the plat. If wastewater services are not available within 15 years from the date of the filing of the plat, the property owners may request a refund. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: This item was coordinated with the Utilities Department. FINANCIAL IMPACT: ❑ Operating ❑ Revenue ❑ Capital Ap Not applicable Fiscal Year: 2017- 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget Encumbered / Expended Amount This item BALANCE Fund(s): Comments: None 2 RECOMMENDATION: On October 17, 2018, the Planning Commission recommended that City Council approve the exemption of the wastewater acreage fee subject to a Sanitary Sewer Connection Agreement. The agreement will require payment of the pro -rata fee in effect when public wastewater service becomes available. The agreement will also require payment of the wastewater lot or acreage fee in effect if public wastewater becomes available within 15 years of the plat being filed for record. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation 3 Page 1 of 2 ORDINANCE EXEMPTING PUERTO LOS CABALLEROS TRACT, BLOCK 1, LOT 1, LOCATED SOUTH OF NORTHWEST BOULEVARD AND EAST OF COUNTY ROAD 73, FROM THE PAYMENT OF THE WASTEWATER LOT OR ACREAGE FEE UNDER SECTION 8.5.2.G.1 OF THE UNIFIED DEVELOPMENT CODE; REQUIRING THE OWNER/DEVELOPER TO COMPLY WITH THE SPECIFIED CONDITIONS. WHEREAS, Puerto Los Caballeros Tract, Located South of Northwest Boulevard and East of County Road 73 is not currently served by the City wastewater system; WHEREAS, the owner/developer has submitted a written request that the Subdivision be exempt from the payment of wastewater lot or acreage fees based on the determination that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years; WHEREAS, based on Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, the Planning Commission recommend the City Council that it is not likely that the area will be served by the City wastewater system within the next fifteen (15) years and that the Subdivision be exempt from the payment of wastewater lot or acreage fees at this time. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Pursuant to the request of Puerto Los Caballeros Tract, Block 1, Lot 1, Puerto Los Caballeros, LLC ("owner"), the Planning Commission has recommended City Council approving the applicant request to waive sanitary sewer infrastructure construction per Section 8.2.7.A of the Unified Development Code (UDC) and an exemption from the wastewater lot or acreage fee in accordance with Section 8.5.2.G of the Unified Development Code of the City of Corpus Christi. SECTION 2. The exemption from the payment of wastewater lot or acreage fees, pursuant to Section 8.5.2.G.1 of the Unified Development Code of the City of Corpus Christi, is conditioned upon owner/developer compliance with the following: a. That the owner/developer of the Subdivision enter into a Sanitary Sewer Connection Agreement with conditions (copy of Agreement attached hereto and incorporated herein to this Ordinance for all purposes). b. That the Sanitary Sewer Connection Agreement requires payment of the wastewater lot or acreage, pro -rata, and tap fees at the rate in effect at the time of connection to City wastewater. Page 2 of 2 c. That the Sanitary Sewer Connection Agreement be recorded in the Office of the Nueces County Clerk's Office prior to the recordation of the plat. d. That the Sanitary Sewer Connection Agreement and covenants contained in the agreement are covenants running with the land. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor K:\DevelopmentSvcs\SHARED\Legistar\2018 CC Agenda Items\11-27-2018\Wastewater Exemption Requests\Puerto Los Caballeros Wastewater Exemption Request\Ordinance Puerto Los Caballeros Wastewater Exemption.doc SANITARY SEWER CONNECTION AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § THIS AGREEMENT is entered into between the City of Corpus Christi, a Texas Home -Rule Municipal Corporation, P.O. Box 9277, Corpus Christi, Texas 78469-9277, hereinafter called "City" and Puerto Los Caballeros, LLC, Ryan Lawhon, Vice President, P.O. Box 9605, Corpus Christi, Texas 78469 hereinafter called "Developer/Owner". WHEREAS, Developer/Owner in compliance with the City's Unified Development Code, has submitted the plat for Puerto Los Caballeros Tract, Block 1, Lot 1, Located South of Northwest Boulevard, and east of County Road 73, hereinafter called "Development," (Exhibit 1 and 2); and, WHEREAS, wastewater construction plans and construction are a requirement of the plat, and WHERAS, the Development Services Engineer has determined that sanitary sewer is not reasonably available or of sufficient capacity; and WHEREAS, City agrees to allow Developers/Owner to record the plat of the Development Property without initial construction of wastewater laterals and collection lines; and NOW THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: Developer/Owner agrees for itself, its successors, transferees, and assigns, as follows: 1. to connect to City sewer at such time as a wastewater manhole is located at the frontage of the property or a wastewater line extends along the frontage of the property; 2. to pay wastewater acreage fees at the rate in effect at the time of connection if wastewater services are available within fifteen (15) years from the recording date of the plat; and 3. to pay tap fees and pro rata fees at the time of connection to City wastewater. City agrees: 1. to allow property to use on-site wastewater treatment in compliance with State and local regulations; INDEMNIFICATION: DEVELOPER/OWNER, 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 CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE DEVELOPMENT OF PUERTO LOS CABALLEROS TRACT, BLOCK 1, LOT 1, INCLUDING THE INJURY, LOSS OR DAMAGE CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. This agreements and covenants set forth herein are covenants running with the land, to be filed in the Office of the Nueces County Clerk Office, and shall be binding on Developer/Owner, its successors and assigns, and shall inure to the benefit of the parties hereto and their respective heirs, successors, and assigns and to third party beneficiaries from and after the date of execution. 1-1‘EXECUTED original, this day of jgoyerimer, 2018. DEVELOPER/OWNERS: Puerto Los Caballeros, LLC Ryan Lawhon (Vice President) STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this I100 -4,t 1 - , 2018, by 1Zr) LA Wt-forJ `�ooltUhI l info, SSAHV�1'"/ ',% ▪ 01, • ▪ ' \ +� OF Sanitary SerVoritMpdf Agreement Puerto Los Caba'ff1fB 'ract, Block 1, Lot 1 Notary Public, - of Texas , day of Page 2 of 5 CITY OF CORPUS CHRISTI: Nina Nixon -Mendez, FAICP Director of Development Services THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on , 2018, by , Director of Development Services for the City of Corpus Christi, Texas. Notary Public's Signature APPROVED as to form: Buck Brice Assistant City Attorney For City Attorney Sanitary Sewer Connection Agreement Puerto Los Caballeros Tract, Block 1, Lot 1 Page 3 of 5 , a.aI s hIOISSME03 OMNI v]d 2 3� r I om Z Pm 1st m is ,241 $ Auu14400 41E04.1 P.11u4 00.01 u '071 '.0+.3.4.4 01 4900IP <1 OZ i0 FOP - 044 .141 ,0oj140p0p Poo oopalnmp 4o ..EJne . 41 + 1 Woo, .o* mw *141 4041 Poo I..nmin .ngne 40 .0 Poo uoIlou•do 1.4o101.0 041 4. an 4P1nd .41 01 P.1001PW au u00y. 00 .4v.uv0.. 1043 :wavy an ql 4l . 44 of 034001014040 1004. 040uw 040 4041 ;y. 3o Pogo.. Poo p36n.3.401 Pa W P .14 11 1044 44M Euloiu01 044 40 x1+oPu0.3 .41 014110 P0404.4.0 .Pool POI YP r..o 044 of 1! 3040 00413+00 4490.4 'Zoo.uw0 Algol! Pu1101 44x01 o OT 1w001o100 .01 0y,md 0.IN Po 44..3 • 1 40 04045 l 107 '1 310Of11 Puerto Los Caballeros Tract 91. L EXHIBIT 1 Sanitary Sewer Connection Agreement Puerto Los Caballeros Tract, Block 1, Lot 1 1 a 0- a s a a 0' 9 Page 4 of 5 EXHIBIT 2 Sanitary Sewer Connection Agreement Puerto Los Caballeros Tract, Block 1, Lot 1 Page 5 of 5 Wastewater Acreage Fee Exemption Puerto Los Caballeros (Final Plat) City Council Presentation November 27, 2018 Vicinity Map r Corpus Christi Wastewater Alternative: Connection to Nearest Manhole: around 2,600 ft. Larwriailii.,.„ ,L, ,, i�7 ' " vrq �le� Puerto �` +�a,^��'�, Cabal! -.elite ill41101.1.14,116!--!tifil::.1.!:71;1.3":1111::::.1.;- IA't'r 4F- • ,,,,,, F. i . ..N.! Y _ I frr#,r#rr#""'"........4.--4,4, lr!!;!! . r!�! # r fi �b� =; i :I�-I- .I=made marp.. Los eros 1 '1raW _ AdiveTool E=Ear 4 CIO: mtp Z. i: —Mr �_.a -gym — -• wimp t�R 7N ■ 2•+)0 118F t Measure • Length`' x60$.38 Ft 1 Perimeter? 5,208.75 Ft Area: 0.00 Ac irr#rr#rr#rr#rr#rr _ WHIP r.. � - .-F 13 , lugs ma i in N i 3 Planning Commission and Staff Recommendation Approval of Wastewater Lot/Acreage Fees Exemption, subject to Sanitary Sewer Agreement Wastewater Master Plan Required Improvements Riverview Lift Slam (praposed) 1 -12 Gravity Line (proposed) Force Main (existing) Allison Wastewater Treatment Plant y N SCALE: N.T.S. P erto Los Caballeros, Block 1, Lot 1 '11111 IlL T.9erro 2,,-k a,i.er r I) NOT, CONDITIONS INOE SECTION 5)E AT STAGE 2 O aE FIGURE 2-7 I P" E:',' T PROJECT A 7295 5 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 27, 2018 Second Reading for the City Council Meeting of December 04, 2018 DATE: October 29, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services NinaM@cctexas.com (361) 826-3276 Approval of agreement and appropriating funds for a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement CAPTION: Ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP; and appropriating $183,810.74 from Water Arterial Transmission & Grid Main Trust Fund to reimburse Developer PURPOSE: MPM Development, L.P., is required to install 1,384 linear feet of 12 -inch waterline extension in order to provide adequate water to a proposed residential subdivision development. The subdivision is located south of Yorktown Boulevard and east of Cimarron Boulevard. BACKGROUND AND FINDINGS: Per UDC Section 8.5.1.C.1.B Arterial Transmission and Grid Main Extension and Reimbursement of the Unified Development Code ("UDC"), MPM Development L.P., is requesting a Reimbursement Agreement for the development of 10.544 acre tract of land, a portion of Lots 10, 22 and 23, Section 22, Flour Bluff and Encinal Farm and Garden Tracts as shown on the final plat. The subdivision is located south of Yorktown Boulevard and east of Cimarron Boulevard. The development requires the extension of 1,384 linear feet of 12 -inch waterline in order to provide adequate water to the property. A layout of existing and proposed improvements is included as Exhibit 3. The 12 -inch waterline is eligible for full reimbursement from the Water Arterial Transmission and Grid Main Trust Fund. The Water Master Plan calls for the construction of a 12 -inch waterline. If the actual costs for installation of such waterline and mains are greater than the lot or acreage fee, the developer shall be reimbursed (less any lot or acreage fee credits) from funds available from the No. 4030 Water Arterial Transmission and Grid Main Trust Fund for that portion of the waterline installed by the developer. In this case, the total construction cost of the 12 -inch waterline is $191,389.00 minus the lot/acreage fee of $7,578.26 which equals $183,810.74. ALTERNATIVES: Disapproval of the Reimbursement Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council. 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 $1,517,128.46 0.00 $1,517,128.46 Encumbered / Expended Amount $297,826.48 0.00 $297,826.48 This item $183,810.74 0.00 $183,810.74 BALANCE $1,035,491.24 0.00 $1,035,491.24 Fund(s): Water Arterial Transmission and Grid Main Trust Fund 4030-21805-777-540450 Comments: RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Presentation Ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP; and appropriating $183,810.74 from Water Arterial Transmission & Grid Main Trust Fund to reimburse Developer 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 water arterial transmission and grid main construction and reimbursement agreement ("Agreement"), attached hereto, with MPM Development, LP. ("Developer"), for the extension of a 12 -inch water arterial transmission and grid main line, including all related appurtenances, for the development of Royal Creek Estates Unit 8 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. Funding in the amount of $183,810.74 is appropriated from the No. 4030 Arterial Transmission and Grid Main Line Trust Fund to reimburse the Developer for the construction of the water arterial transmission and grid main line improvements in accordance with the Agreement. 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 WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipality, and MPM Development, LP, ("Developer/Owner"), a Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on February 21, 2018 with approval extension by the Planning Commission on August 22, 2018 to develop a tract of land, to wit: approximately 10.544 acres known as Royal Creek Estates Unit 8 (near the extension of Rodd Field Road at Oso Creek) as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("Grid Main Extension"); WHEREAS, it is in the best interests of the City to have the Grid Main Extension on be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending a Grid Main Extension as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal. liability. 2. REQUIRED CONSTRUCTION Developer/Owner shall construct the Grid Main Extension in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 3. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare and seal plans and specifications for the Grid Main Extension, as shown in the attached Exhibit 3, the content of such exhibit being' incorporated by reference into this Agreement, with the following minimum requirements: 1 12" PVC PIPE 1384 LF 2 12" CAP TAPPED FOR 2" 1 EA 3 12" TEE 4 EA 4 CRUSHED STONE EMBEDMENT FOR 12" WATER 1384 LF 5 DEWATERING FOR 12" WATER 1384 LF 6 6" PVC PIPE NIPPLE 9 EA 7 6" GATE VALVE WITH BOX 3 EA 8 6" 90° ELBOW _ 3 EA 9 FIRE HYDRANT ASSEMBLY 3 EA b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specification must be approved by the City's Development Services Engineer. 4. SITE IMPROVEMENTS Prior to the start of construction of the Grid Main Extension, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Grid Main Extension. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 5. PLATTING FEES Developer/Owner shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the UDC. 6. DEVELOPER/OWNER AWARD CONTRACT FOR IMPROVEMENTS Developer/Owner shall award a contract and complete the improvements to Grid Main Extension, under the approved plans and specifications, by December 11, 2020. Standard Form Arterial Tran and Grid Main Reimbursement Agreement Template Version 5-1-18 Page 2of10 7. TIME IS OF THE ESSENCE Time is of the essence in the performance of this contract. 8. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 9. DEFAULT The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval by City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the project under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the project, under the approved plans and specifications, on or before December 11, 2020. f. Either the City or Developer/Owner otherwise fails to comply with its duties and obligations under this Agreement. 10. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 12, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. Standard Form Arterial Tran and Grid Main Reimbursement Agreement Template Version 5-1-18 Page 3 of 10 e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. 11. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by'the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 12. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer/Owner: MPM Development, L.P. Attn: Mossa Moses Mostaghasi 426 S. Staples St. Corpus Christi, Tx 78401 Standard Form Arterial Tran and Grid Main Reimbursement Agreement Template Version 5-1-18 Page 4 of 10 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change of address for notices by giving notice of the change under the provisions of this section. 13. THIRD -PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project must provide that the City is a third -party beneficiary of each contract. 14. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll- free telephone number. 15. WARRANTY Standard Form Arterial Tran and Grid Main Reimbursement Agreement Template Version 5-1-18 Page 5 of 10 Developer/Owner shall fully warranty the workmanship of and function of the Grid Main Extension and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 16. REIMBURSEMENT a. The cost for the Grid Main Extension less $7,578.26 lot/acreage fee credit is $183,810.74. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Grid Main Extension up to an amount not to exceed $183,810.74 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 -days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement as detailed in Exhibit 5. c. Cost -supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed Form provided by the Development Services Department 2. Contractor and professional services invoices detailing work performed 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work constructed in a good and workmanlike manner, and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. e. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer/Owner. 17. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not Standard Form Arterial Tran and Grid Main Reimbursement Agreement Template Version 5-1-18 Page 6 of 10 available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and this Agreement has priority per UDC §8.5.1. C. 18. INDEMNIFICATION Developer/Owner 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 suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by,, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, Toss, or damage 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 construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, Standard Form Arterial Tran and Grid Main ' Reimbursement Agreement Template Version 5-1-18 Page 7 of 10 creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 19. ASSIGNMENT OF AGREEMENT This Agreement may be assigned by Developer/Owner to another with the written consent of the City's City Manager. 20. DISCLOSURE OF INTERESTS Developer/Owner agrees,'in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 6. 21. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by a11. signatories. 22. DEDICATION OF GRID MAIN EXTENSION. Upon completion of the construction, dedication of Grid Main Extension will be subject to City inspection and approval. 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 Standard Form Arterial Tran and Grid Main Reimbursement Agreement Template Version 5-1-18 Page 8 of 10 of the Developer/Owner verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner 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 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attomey for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at httos:/lwww.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:/lwww.ethics.state.tx.usllegallch46.html. 25. CONFLICT OF INTEREST. Developer/Owner 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 htto://www.cctexas.comlgovernmenticity- secretarvlconflict-d isclosu reli ndex 26. AUTHORITY. 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 signature. Remainder of page intentionally left blank; signature page to follow. Standard Form Arterial Tran and Grid Main Reimbursement Agreement Template Version 5-148 Page 9 of 10 EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary APPROVED AS TO LEGAL FORM: Buck Brice Assistant City Attomey For City Attomey STATE OF kyn (Date) COUNTY OF {, Ci § Nina Nixon -Mendez, FAICP Director of Development Services . For City Manager MPM DEVELOPMENT, L.P. ossa Moses Mostaghasi General Partner This instrument was acknowledged before me on CeAtilQ_... _, 2018, by Mossa Moses Mostaghasi, General Partner of MPM Development, L.P., a Limited Partnership, on behalf of said corporation. . CINDY BUENO 'D# 1178588.3 Notary Pubic . ` STATE OF TEXAS My Comm Exp 11.04 2019 Standard Standard Form Arterial Tran and Grid Main Reimbursement Agreement Template Version 5-1-18 Iic's Signature Page 10of10 APPLICATION FOR WATER LINE CREDIT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of proposed Royal Creek Estates Unit 8 subdivision, hereby apply for $7,578.26 credit towards the water acreage fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $191,389.00 is the construction cost, including 10% Engineering, Surveying, and Testing, as shown by the cost supporting documents attached herewith. 110-24- i8 r • sa ►r'raghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on Mossa Mostaghasi, President of MPM Development, LP. 1 - - A A A •. CINDY BUENO ID #1178588.3 Notary Publ c .,, .„ •*x.. STATE OF TEXAS .t�Locf,. My Comm. Exp. 11-04-2019 C', , 2018, by L-Il07 i Notary Public ' and for the State of Texas APPLICATION FOR WATER LINE REIMBURSEMENT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of the proposed Royal Creek Estates Unit 8 Subdivision, hereby request reimbursement of $183,810.74, as provided for by City Ordinance No. 17092. $191,389.00 is the construction cost, including 10% Engineering, Surveying, and Testing, in excess of the acreage fee, as shown by the cost supporting documents attached herewith. (v -24--I 57 Mossa Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on kb -car .DL -1 , 2018, by Mossa Mostaghasi, President of MPM Development, LP, on behalf of the said corporation. df' •¢�,<e • CINDY BUENO ID #1178588-3 C1. z (. _ • Notary Publ c •� STATE OF TEXAS . prtE My Comm. Exp. 11-04-2013 CERTIFICATION - ,.... • Notary Publ in and for Nueces County, Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Distribution Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) STATE OF TEXAS COUNTY OF NUECES WE, MPM DEVELOPMENT, LP, HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING PLAT, SUBJECT TO A LIEN IN FAVOR OF THAT WE HAVE HAD SAID LAND SURVEYED AND SUBDIVIDED AS SHOWN, THAT STREETS AND EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED, OR IF NOT PREVIOUSLY DEDICATED, ARE HEREBY DEDICATED TO THE PUBLIC USE FOREVER AND THAT THIS PLAT WAS MADE FOR THE PURPOSES OF DESCRIPTION AND DEDICATION. THIS THE DAY OF , 20 MOSSA MOSTAGHASI, GENERAL PARTNER STATE OF TEXAS § COUNTY OF NUECES THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY MOSSA MOSTAGHASI. THIS THE DAY OF 20 STATE OF TEXAS COUNTY OF NUECES § NOTARY PUBLIC, IN AND FOR THE STATE OF TEXAS I, NIXON M. WELSH, REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS & WELSH ENGINEERING, HEREBY CERTIFY THAT THE FOREGOING PLAT WAS PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND THAT IT IS TRUE AND CORRECT. THIS THE DAY OF 20 NOTES: NIXON M. WELSH, R. P.L.S. 1. THE YARD REQUIREMENT, AS DEPICTED, IS A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE (UDC) AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. 2. THE RECEIVING WATER FOR STORM WATER RUNOFF FROM THIS PROPERTY IS THE OSO CREEK. 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 050 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. SET 5/8" I.R.'S AT LOT ALL CORNERS UNLESS OTHERWISE NOTED. ALL SET 1.R.'S CONTAIN PLASTIC CAPS LABELED BASS AND WELSH ENGINEERING 4. THE BASIS OF BEARINGS IS THE COMMON NORTHEASTERLY BOUNDARY OF THE SUBJECT SITE AND THE SOUTHEASTERLY BOUNDARY LINE OF ROYAL CREEK ESTATES UNIT 5, N59'07.18"E, AS SHOWN. 5. THE ENTIRE SITE IS IN FEMA ZONE A13 (EL 12). FEMA ZONES ARE FROM FLOOD INSURANCE RATE MAP, COMMUNITY PANEL 485494 0520 D, REVISED JUNE 4, 1987, FOR NUECES COUNTY, TX, UNINCORPORATED AREAS. THE FEMA PRELIMINARY MAP 48355C0520G, NOT YET ADOPTED, INDICATES THE SUBJECT SITE TO BE IN ZONE X, ZONE X (DOTTED) AND ZONE AE (EL 12). 6. THE TOTAL AREA OF THIS PLAT IS 10,544 ACRES INCLUDING STREET DEDICATIONS. CIMARRON BLVD. ALCON DR. Y J W GRIZLEY DR CARIBOU DR, Exhibit 1 0 400' 800' 1600' SCALE! 1'= 800' IMPALA DR. ILJLLI_1LJI 1 BAUER DR. KDDIAC DR. SAMBA DR. r r- N LENS W U a d ce DRIVE WOOLVERINE DR. ANVIL r Ne Y 0. Q LA SALLE DR. w RINCESS PEGHA PL ROCK CREST A 0 fn Ri KING GEORGE PLAC ROUND TABLE GUINEVERE QUEEN JENN PL SIR MOSES PL, a� KINGI 9\Z. Sc SPS` ;IR STREET STREET DAVID PL PRINCESS JEAN PL. LOCATION MAP 1' = 800' A BISDN BR. 050 CR�K PLAT OF ROYAL CREEK ESTATES UNIT 8 AN 10.544 ACRE TRACT OF LAND, MORE OR LESS, A PORTION OF LOTS 10, 22, AND 23, SECTION 22, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME "A', PAGES 41 — 43, MAP RECORDS, NUECES COUNTY, TEXAS CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING FIRM NO. F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 DATE PLOTTED: 1/12/18 COMP. ND.t PLAT--SHI,IIWG JOB NOJ 16022 SCALE: AS SHOWN PLOT SCALE: 1' = 60' SHEET 1 DF 2 "SITE" STATE OF TEXAS COUNTY OF NUECES WE, (NAME), HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDIVISION AND DEDICATION FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. BY: TITLE: STATE OF TEXAS COUNTY OF NUECES THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME), (TITLE), OF THIS THE DAY OF , 20 STATE OF TEXAS COUNTY OF NUECES § NOTARY PUBLIC, IN AND FOR THE STATE DF TEXAS THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI, TEXAS STATE OF TEXAS COUNTY OF NUECES § RATNA POTTUMUTHU, P.E., LEED, AP DEVELOPMENT SERVICES ENGINEER DATE THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS BY THE PLANNING COMMISSION. THIS THE DAY OF . 20 ERIC VILLARREAL, P.E. CHAIRMAN STATE OF TEXAS COUNTY OF NUECES § § WILLIAM J. GREEN, P.E. INTERIM SECRETARY FEB 21 Ns PLANNING COMMISSION I, KARA SANDS, CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF , 20 WITH ITS CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF 20 AT O'CLOCK .M., AND DULY RECORDED THE DAY OF 20 AT OF SAID COUNTY IN VOLUME PAGE O'CLOCK .M. IN THE MAP RECORDS INSTRUMENT NUMBER WITNESS MY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID COUNTY AT OFFICE IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE DAY AND YEAR LAST WRITTEN. BY: DEPUTY KARA SANDS, CLERK COUNTY COURT NUECES COUNTY, TEXAS 41 O D=32.26' 05' R=1499. 50' T=436, 14' L=848. 85' CB=N75° 11' 49'E CH=837, 56' O D=31.57' 40' R=1614. 50' T=462. 36' L=900. 61' CB=574.57' 55' W CH=888, 98' O D=75'19' 50' R=15. 00' T=11. 58' L=19. 72' CB=S36' 21' 25' W CH=18. 33' O D=29` 34' 55' R=360. 00' T=95. 06' L=185. 87' CB=S73.54' 44' W CH=183. 81' CURVE DATA D=00'28'06' R=1614. 50' T=6. 60' L=13. 20' CB=N88° 49' 12' W CH=13. 20' O D=31' 57' 28' R=1694. 50' T=485, 21' L=945. 14' CB=N74' 58' 01'E CH=932. 93' O D=94' 26' 24' R=15. 00' T=16. 21' L=24. 72' CB=S48' 31' 42' E CH=22. 02' ROYAL CREEK ESTATES UNIT 5 V. 68, P. 146 & 147, M. R. 40 39 42 Ef)0 O 43 7763 SF 25' YR 56. 81' 65. 02'Y 0 8 44 • 7763 SF 0 O 65, 2'_.- 5' '_ .-- 5' UE VJ O 70. 01' ? Z � w cr X ¢x Lai� Epi X W x 0 _15 r 15 ce O 0 0 45 °: 7763 SF P f^ EE 70, 01' 0 0 0 r� 83. O1' 25' YR 16 11205 SF 89, 38' 10' UE 0 cn 83, 01' 5' EE 17 11205 SF O 0 O 89. 38' 75.757 AC. CITY OF CORPUS CHRISTI, V, 2138, P, 624, D. R. SECT, 22, FB & EF & GT, V. A' , P. 41 - 43, M. R. 38 0 46 a 7763 SF cn D=31'57'11' R=1824.50' T=522. 36' L=1017.49' CB=S74' 58' 10' W CH=1004. 36' • 0=14' 54' 03' R=440. 00' T=57, 54' L=114. 43' CB=N66° 34' 19' E CH=114, 11' O D=04'27' 06' R=440, 00' T=17. 10' L=34. 19' CB=N86` 28' 39' E CH=34. 18' 37 - YR r 7 01 18 11205 SF 89. 38' CD W • 47 sr -1 7763 SF o a J N rrt w 0 0 O 36 0 48 • 7763 SF cA 70. 19 11205 SF 35 65 t r r 89, 38' 0, 0 N rrt0 0 34 a� W 49 ▪ 7763 Sr 1 cs 5' 33 0 r °3 50 0 7763 SF O 20 11205 SF gg 38' 32 t9° 51 -.s 7763 SF O 0 1' 31 a� 0 r? Exhibit 2 APPLICATION FOR WATER LINE CREDIT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of proposed Royal Creek Estates Unit 8 subdivision, hereby apply for $7,578.26 credit towards the water acreage fee for the installation of the water grid main as provided for by City Ordinance No. 17092. $191,389.00 is the construction cost, including 10% Engineering, Surveying, and Testing, as shown by the cost supporting documents attached herewith. 10-24- 1% sa - aghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on i •a4 , 2018, by Massa Mostaghasi, President of MPM Development, LP. CINDY BUENO ID #1178588-3 Notary Pubic Etc Notary Public ' and for the State of Texas Exhibit 2 APPLICATION FOR WATER LINE REIMBURSEMENT We, MPM Development, LP, P.O. Box 331308, Corpus Christi, Texas 78463, owners and developers of the proposed Royal Creek Estates Unit 8 Subdivision, hereby request reimbursement of $183,810.74, as provided for by City Ordinance No. 17092. $191,389.00 is the construction cost, including 10% Engineering, Surveying, and Testing, in excess of the acreage fee, as shown by the cost supporting documents attached herewith. (a - 24--1 SI Mossa Mostaghasi, President Date MPM Development, LP. THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on -pril, 2018, by Mossa Mostaghasi, President of MPM Development, LP, on behalf of the said corporation. , A.A .^. AJ�JA — A *" ' s�- CINDY BIIENO /4't ,.....•."v '' ID # 1178558-3 { s PA ; Notary Pulse c �• STATE OF TEXAS . -f'rc , '• My Comm, Exp, 11-04-2019 P v v v v ,/ CERTIFICATION 1 vllij 1 . PiP1 NotaryPublx in and for Nueces County, Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) Sufficiency of funds in the Distribution Main Trust Fund, and (b) Appropriation and approval by the City Council. Development Services Engineer (Date) CIN STANDARD SPECIFICATIONS LJJP _ROY CM P)US THE FOLLOWING CITY OF CORPUS CHRISTI STANDARD SPECIFICATIONS OF WHICH CAN BE OBTAINED FROM THE CITY OF CORPUS CHRISTI WEBSITE (WWW.CCTEXAS.COM <http://www.cctexas.com>), SHALL BE UTILIZED FOR THIS PROJECT. CONTRACTOR SHALL PRINT AND OBTAIN COPIES OF THESE SPECIFICATIONS PRIOR TO BIDDING THE WORK AND PRIOR TO CONSTRUCTION OF THE WORK. THE WORD "ENGINEER" AS USED IN SAID CITY STANDARD SPECIFICATIONS SHALL REFER TO BASS & WELSH ENGINEERING. 021202 SITE CLEARING AND STRIPPING 021040 SITE GRADING 022020 EXCAVATION AND BACKFILL FOR UTILITIES 022021 CONTROL OF GROUND WATER 022022 CONTROL OF GROUND WATER 022040 STREET EXCAVATION 022060 CHANNEL EXCAVATION 022080 EMBANKMENT 022100 SELECT MATERIAL 022420 SELECT MATERIAL 025210 LIME STABILIZATION 025223 CRUSHED LIMESTONE FLEXIBLE BASE 025404 ASPHALTS, OILS AND EMULSIONS 025412 PRIME COAT 025424 HOT MIX ASPHALTIC CONCRETE PAVEMENT 025608 INLETS 025610 CONCRETE CURB AND GUTTER 025612 CONCRETE SIDEWALKS AND DRIVEWAYS 025614 CONCRETE CURB RAMPS 025802 TEMPORARY TRAFFIC CONTROLS DURING CONSTRUCTION 026201 WATER LINE RISER ASSEMBLIES 026202 HYDROSTATIC TESTING OF PRESSURE SYSTEMS 026409 TAPPING SLEEVS AND TAPPING VALVES 026206 DUCTILE IRON PIPE AND FITTINGS 026210 PVC PIPE - AWWA C900/C905 PRESSURE PIPE FOR MUNICIPAL WATER MAINS AND WASTEWATER FORCE MAINS 026402 WATER LINES 026404 WATER SERVICE LINES 026411 GATE VALVES FOR WATER LINES 026416 FIRE HYDRANTS 027202 MANHOLES 027203 VACUUM TESTING OF WASTE WATER MANHOLES AND STRUCTURES 027205 FIBERGLASS MANHOLES 027402 REINFORCED CONCRETE PIPE CULVERTS 027602 GRAVITY WASTE WATER LINES 027606 WASTE WATER SERVICE LINES 028020 SEEDING 030020 PORTLAND CEMENT CONCRETE 032020 REINFORCING STEEL 038000 CONCRETE STRUCTURES 055420 FRAMES, GRATES, RINGS AND COVERS PAVING, GRADING AND DRAINAGE NOTES 1. ALL PROPOSED CONCRETE CURBS AND GUTTERS, WALKS, DRAINAGE INLETS AND VALLEY GUTTERS ARE SHOWN POCHED (SHADED). 2. PRIOR TO ANY EARTHWORK, ALL TREES, VEGETATION, ORGANIC MATERIAL AND ANY DELETERIOUS SUBSTANCES SHALL BE REMOVED FROM THE ENTIRE PROJECT SITE EXCEPT TREES 6" DIAMETER AND LARGER OUTSIDE OF PROPOSED STREET PAVING SHALL BE LEFT IN PLACE UNHARMED. AFTER REMOVAL OF ALL VEGETATION, ORGANIC MATTER, DELETERIOUS SUBSTANCES, APPROPRIATE TREES, ETC., CONTRACTOR MAY BEGIN EARTHWORK CUT AND FILL OPERATIONS FOR LOT GRADING AND EARTHWORK ASSOCIATED WITH STREETS. 3. CONTRACTOR SHALL PERFORM ALL ROUGH EARTHWORK (FILLING, GRADING, HAULING, CUTTING, LOADING, ETC.) TO VERIFY ADEQUATE EARTH QUANTITY ON-SITE TO ACHIEVE EARTH GRADES AS SHOWN PRIOR TO ANY OTHER CONSTRUCTION AND CONTRACTOR SHALL NOT PROCEED WITH SAID OTHER CONSTRUCTION UNTIL AFTER HE HAS RECEIVED ENGINEER'S PERMISSION. SHOULD THERE NOT BE AVAILABLE EARTH TO MEET GRADES AS SHOWN, CONTRACTOR SHALL HAUL EARTH ON TO THE SITE FROM OFFSITE SOURCES TO ACHIEVE GRADES AS SHOWN (NO SEPARATE PAY). AFTER COMPLETION OF ROUGH GRADING AND AFTER COMPLETION OF STREET, DRAINAGE, SANITARY SEWER AND WATER IMPROVEMENTS, THEN CONTRACTOR SHALL PROVIDE ALL FINAL/FINISH GRADING TO ACHIEVE GRADES AS SHOWN. 4. ALL CONCRETE FOR USE ON THE PROJECT SHALL HAVE A MINIMUM COMPRESSIVE STRENGTH OF 3000 PSI AT 28 DAYS. ALL STEEL REINFORCING SHALL BE GRADE 60 (60,000 PSI YIELD STRENGTH) IN ACCORDANCE WITH ASTM A 615. 5. REINFORCED CONCRETE STORM SEWER PIPE SHALL BE CLASS III, STANDARD STRENGTH. STORM SEWER MANHOLES SHALL BE PRE -CAST CONCRETE. 6. ALL STREET, SANITARY SEWER AND STORM SEWER STATIONING IS MEASURED ALONG THE CENTERLINES OF STREETS. 7. LINEARLY INTERPOLATE BETWEEN GRADES AS SHOWN TO DETERMINE A PROPOSED GRADE AT ANY PARTICULAR POINT. 8. CURB AND GUTTER ALIGNMENT SHALL PARALLEL ADJACENT RIGHT-OF-WAY LINES EXCEPT WHERE INDICATED OTHERWISE. 9. ALL CURB AND GUTTER TO BE CONSTRUCTED 11.0' BACK OF CURB TO PROPERTY LINES FOR 50' STREET RIGHTS-OF-WAY, 10.0' BC TO PROPERTY LINES FOR 60' RIGHT-OF-WAY STREETS AND AS INDICATED IN PLANS HEREOF FOR 80' RIGHT-OF-WAY STREETS. 10. CONSTRUCT PROPOSED CURB RAMPS AT ALL STREET INTERSECTIONS AND AS SHOWN AND ACCORDING TO CITY CURB RAMP DETAILS AS SHOWN IN PLANS HEREOF. DEPRESS CURBS AS REQUIRED. RAMPS SHALL BE SLOPED NOT EXCEEDING 1" PER FOOT LONGITUDINAL AND 2% TRANSVERSE AND SHALL MEET ALL APPLICABLE GOVERNMENTAL REGULATIONS. NO SEPARATE PAY FOR CURB RAMPS (PAY FOR CURB RAMPS IN THE SQUARE FOOT PRICE OF 4" THICK R/C WALKS). 11. CONTRACTOR SHALL MEET ALL GOVERNMENTAL ONE -CALL AND OTHER REGULATIONS WITH REGARD TO EXISTING UNDERGROUND FACILITIES AND PIPELINES. 12. NO SEPARATE PAY FOR PRIME COAT (PAY FOR IN THE ESTABLISHED UNIT PRICE FOR HMAC). 13. ADA CURB RAMPS - THE CITY NO LONGER ALOWS THE PAVER OPTION AT CURB RAMPS. THE CONTRACTOR SHALL INSTALL COMPOSITE TACTILE WARNING PANELS AT ALL ADA CURB RAMPS. PAY FOR CURB RAMPS AND TIED SIDEWALKS AS SF OF SIDEWALK (NO SEPARATE PAY FOR CURB RAMPS NOR TIED SIDEWALKS). 14. GEOTEXTILE FABRIC MATERIAL IS REQUIRED FOR WRAPPING RCP PIPE JOINTS AND SHALL MEET REQUIREMENTS OF AASHTO M288. 15. ALL SIDEWALK ADJACENT TO EXISTING OR PROPOSED CURB SHALL BE TIED TO CURB WITH NO. 4 BARS AT 12" OC ACCORDING TO CITY STANDARD SIDEWALK DETAILS. SANITARY SEWER NOTES 1. SET ENDS OF SERVICE LINES MID LOT FRONTAGE UNLESS SHOWN OTHERWISE. 2. ALL SANITARY SEWER STATIONING IS MEASURED ALONG THE CENTER LINE OF PROPOSED STREETS. ALL SANITARY SEWER MANHOLES SHALL BE FIBERGLASS, 48" MINIMUM DIAMETER UNLESS SHOWN OTHERWISE, 0.5" (MINIMUM) WALL AND CONSTRUCTED IN ACCORDANCE WITH CITY STANDARD SPECIFICATIONS. 3. ALL GRAVITY SEWER PIPES 8" THRU 18" SHALL BE PVC, SDR 26 AND SHALL BE BEDDED IN SAND WITH PI LESS THAN 10 TO 6" BELOW AND 6" TO SIDES OF PIPE (FULL HEIGHT OF PIPE), IN ACCORDANCE WITH CITY STANDARD SPECIFICATIONS. BED 4" AND SMALLER PIPES IN EARTH FROM THE EXCAVATION. 4" SERVICE PIPES SHALL BE C900 DR 14 PRESSURE PIPES RATED ABOVE 150 PSI. 4. NO SEPARATE PAY FOR ANY DE -WATERING OR SPECIAL EMBEDMENT REQUIRED FOR SANITARY SEWER CONSTRUCTION. 5. THE WORDS SANITARY SEWER SHALL MEAN WASTE WATER AND VICE VERSA. l r n V AM [I LEGEND - EXISTING FACILITIES AND APPURTENANCES AP 6" C & G 4' CW D.E. EP M.R. 18" RCP ROW R/W 8"SS U.E. 8"W Y.R. x 31. 58 ASPHALT PAVEMENT BLOCK NO. 1 6" R/C CURB AND GUTTER 4' R/C WALK DRAINAGE EASEMENT EDGE OF PAVEMENT MAP RECORDS 18" REINFORCED CONCRETE PIPE RIGHT-OF-WAY LINE RIGHT-OF-WAY LINE 8" SANITARY SEWER LINE UTILITY EASEMENT 8" WATER LINE YARD REQUIREMENT SPOT ELEVATION POINT OF "X" CITY STANDARD DETAIL SHEETS V1 II � L JS ', BB CL CW DCSC 13.45 FL FW GB LT MH PC PT R/C THE FOLLOWING SHEETS ARE INCLUDED HEREIN BY REFERENCE AND SHALL BE USED ON THIS PROJECT. CONTRACTOR SHALL OBTAIN THESE SHEETS FROM THE CITY OF CORPUS CHRISTI (AT HTTP://ENGINEERCC.COM/STANDARD-DETAILS) FOR BIDDING AND CONSTRUCTION PURPOSES. STANDARD WATER DETAILS, 4 SHEETS WASTE WATER STANDARD DETAILS, 4 SHEETS STORM WATER STANDARD DETAILS, 3 SHEETS STORM WATER POLLUTION PREVENTION, 3 SHEETS CURB, GUTTER AND SIDEWALK STANDARD DETAILS, 1 SHEET PEDESTRIAN CURB RAMP STANDARD DETAILS, 4 SHEETS TRAFFIC CONTROL AND STREET LIGHT FEES 1. CONTRACTOR SHALL PREPARE A TRAFFIC CONTROL AND BARRICADING PLAN AND SUBMIT IT TO THE CITY TRAFFIC ENGINEERING DEPARTMENT FOR APPROVAL AND SHALL DO NO WORK UNTIL HE HAS RECEIVED WRITTEN APPROVAL FROM THE CITY OF SAID PLAN. ALL TRAFFIC CONTROL AND BARRICADING SHALL BE ACCOMPLISHED IN ACCORDANCE WITH SAID PLAN. 2. R.O.W. PERMITS ARE REQUIRED PRIOR TO STARTING WORK IN ANY PUBLIC STREET RIGHT-OF-WAY. THE CONTRACTOR SHALL CONTACT TRAFFIC ENGINEERING TO DETERMINE ALL APPLICABLE REQUIREMENTS (PERMITS, TRAFFIC CONTROL PLAN, FEES, ETC.). 3. STREET LIGHT FEES SHALL BE PAID BY THE DEVELOPER TO THE CITY (NOT BY CONTRACTOR) WATER NOTES 1. PROVIDE THRUST BLOCKS AT ALL 6", 8" AND 12" WATER FITTINGS. 2. PROVIDE CAST IRON BOXES AND PVC PIPE EXTENSIONS WITH CONCRETE AT GATE VALVES PURSUANT TO STANDARD WATER DETAILS AS SHOWN IN SHEET 2 OF 4. 3. CONSTRUCT WATER RISERS AT END CAPS ON PIPES AND 2" BLOW -OFF VALVES FOR FILLING AND TESTING PURPOSES PURSUANT TO DETAILS AS SHOWN IN STANDARD WATER DETAILS SHEET 3 OF 4. 4. CONSTRUCT WATER SERVICE LINES AND CONNECTIONS PURSUANT TO THE NOTES AND DETAILS AS SHOWN IN STANDARD WATER DETAILS SHEET 4 OF 4. 5. ALL WATER MAINS 6" AND LARGER SHALL BE DR18 PVC WITH DUCTILE IRON MECHANICAL JOINT FITTINGS AND SHALL BE BEDDED IN (ENCASED IN) SAND TO 6" ALL AROUND PIPE (026210 AND 026402). 6. PROVIDE MINIMUM CLEARANCE BETWEEN WATER AND SANITARY SEWER LINES AND/OR MANHOLES AS REQUIRED BY THE TEXAS ADMINISTRATIVE CODE 317-3, APPENDIX "E", SEPARATION DISTANCE (AS REQUIRED BY TEXAS STATE WATER HYGIENE LAW) AND ACCORDING TO CITY STANDARD DETAILS AND SPECIFICATIONS). 7. ALL WATER SERVICE LINES SHALL BE 1" DIAMETER FOR SINGLE AND DOUBLE WATER SERVICES. 8. ALL PUBLIC WATER LINE CONSTRUCTION AND MATERIALS SHALL BE IN ACCORDANCE WITH REQUIREMENTS SET FORTH BY THE CITY OF CORPUS CHRISTI WATER DISTRIBUTION STANDARDS, DETAILS, AND PRACTICES. PVC PIPE AND FITTINGS FOR WATER LINES SHALL BE AWWA C-900, CLASS 150, WITH A DR OF 18. FIRE HYDRANTS WILL BE LOCKED ONTO VALVE BY USE OF RETAINER GLANDS ON DIP. 9. 2" WATER LINES SHALL BE SDR -9 POLYETHYLENE (PE) PIPE WITH COMPRESSION RESTRAINED BRASS FITTINGS AND STAINLESS STEEL INSERTS. STORM WATER POLLUTION PREVENTION 1. PAY FOR ALL STORM WATER POLLUTION PREVENTION MEASURES, SOLID WASTE DISPOSAL, SOIL TRACKING, SEEDING, ETC., AS PART OF "STORM WATER POLLUTION PREVENTION". 2. UPON COMPLETION OF IMPROVEMENTS HEREOF, ALL DISTURBED AREAS SHALL BE GRASS SEEDED IN ACCORDANCE WITH CITY STANDARD SPECIFICATION 028020 "SEEDING". 3. THE NPDES PERMIT CAN BE FOUND ON THE TCEQ WEB SITE AT HTTPS://WWW.TCEQ.TEXAS.GOV/ASSETS/PUBLIC/PERMITTING/STORMWATER/TXR 150000_CGP.PDF. ORDER OF CONSTRUCTION GRAVITY SANITARY SEWER AND STORM SEWER LINES SHALL BE CONSTRUCTED BEGINNING AT DOWNSTREAM ENDS AND WORKING UPSTREAM TO TERMINATE AT UPSTREAM ENDS OF LINES. I_ J MMIL :is cLDflLJY LEGEND - PROPOSED FACILITIES AND APPURTENANCES BACK OF CURB TO BACK OF CURB CENTERLINE R/C CONCRETE WALK DEEP CUT SERVICE CONNECTION (SAN. SEWER) DRAINAGE DIRECTION OR DIMENSION ARROW FINISHED GROUND ELEVATION FIRE HYDRANT SYMBOL FLOW LINE OR INVERT ELEVATION FINISHED WALK ELEVATION GRADE BREAK (CHANGE OF DRAINAGE DIRECTION OR SLOPE) LEFT MANHOLE POINT OF CURVATURE (BEGINNING OF CURVE) POINT OF TANGENCY (END OF CURVE) REINFORCED PORTLAND CEMENT CONCRETE RCP RT S = 0.3% SS SSF SSMH SSS TC TSW TW 1 WSD WSS SWRC 9 REINFORCED CONCRETE PIPE RIGHT LONGITUDINAL SLOPE SANITARY SEWER L J SEDIMENTATION SCREENING FENCE ALSO KNOWN AS SILT FENCE OR TEMPORARY SEDIMENT CONTROL FENCE SANITARY SEWER MANHOLE SANITARY SEWER SERVICE (PIPE & FITTINGS, 4" AND 6") TOP OF CURB TIED SIDEWALK TOP OF WALK WATER VALVE SYMBOL DOUBLE WATER SERVICE (1" PIPE, FITTINGS, CORPORATION STOP AND ANGLE METER VALVES) SINGLE WATER SERVICE (1" PIPE, FITTINGS, CORPORATION STOP AND ANGLE METER VALVE) SIDEWALK RETAINING CURB CALL BEFORE YOU DIG! 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 GENERAL NOTES: 1. SUBSIDIARY WORK: IN THE COURSE OF FURNISHING OR CONSTRUCTING A COMPLETE WORK OR IMPROVEMENT, CERTAIN WORK MAY BE NECESSARY WHICH IS SUBSIDIARY TO THE ITEMS WHICH ARE ESTABLISHED AS PAY ITEMS. SOME SUCH SUBSIDIARY WORK MAY BE SHOWN AND SPECIFIED IN DETAIL IN THE PLANS AND SPECIFICATIONS, OTHER WORK MAY BE LESS COMPLETELY SHOWN, AND OTHER SUCH WORK WHICH IS ENTIRELY NECESSARY FOR THE SATISFACTORY COMPLETION OF THE WORK AS A WHOLE MAY NOT BE NOTED ON THE PLANS OR IN THE SPECIFICATIONS. IT SHALL BE THE DUTY OF THE CONTRACTOR TO CARRY OUT ALL SUCH SUBSIDIARY WORK AS IF FULLY SHOWN, AND THE COST OF SUCH WORK SHALL BE MADE SUBSIDIARY TO THE ESTABLISHED PAY ITEM. 2. CONTRACTOR SHALL NOTIFY THE CITY OF CORPUS CHRISTI CONSTRUCTION INSPECTION DEPARTMENT (880-3555) AT LEAST 3 WORKING DAYS PRIOR TO BEGINNING ANY WORK ON PUBLIC IMPROVEMENTS. THE CITY WATER INSPECTOR MUST BE CONTACTED AT LEAST 48 HOURS BEFORE ANY WORK BEGINS ON PUBLIC WATER IMPROVEMENTS. CALL ALBERT PARDO (826-3273) TO GET THE NAME AND NUMBER OF THE INSPECTOR WHO WILL BE ASSIGNED TO THIS PROJECT. 3. CONTRACTOR SHALL NOTIFY ALL APPROPRIATE UTILITY COMPANIES, INCLUDING TEXAS 811, 48 HOURS PRIOR TO ACTUAL CONSTRUCTION. 4. THE CONTRACTOR IS RESPONSIBLE FOR PROVIDING AN APPROVED TRAFFIC CONTROL PLAN AS STATED IN CITY STANDARD SPECIFICATION 025802. AN APPROVED TRAFFIC CONTROL PLAN WILL BE REQUIRED FROM THE CONTRACTOR FOR ALL WORK IN PUBLIC ROW OR EASEMENT. ALL WORK AFFECTING TXDOT RIGHT OF WAY WILL REQUIRE TXDOT APPROVAL AND/OR PERMIT. ALL PERMITS MUST BE ISSUED BEFORE BEGINNING ANY WORK IN PUBLIC RIGHT OF WAY OR EASEMENT. 5. CONTRACTOR IS RESPONSIBLE FOR OBTAINING ALL APPLICABLE PERMITS AND/OR PAYING ANY APPLICABLE FEES. CONTRACTOR SHALL CONTACT CITY DEVELOPMENT SERVICES TO DETERMINE WHAT PERMITS AND FEES ARE REQUIRED. 6. CONTRACTOR SHALL PERFORM NO TRENCH EXCAVATIONS IN THE GROUND IN ANY PORTION OF THE PROJECT WITHOUT ALL EXISTING UNDERGROUND UTILITY LINES STAKED ON THE GROUND (TO IDENTIFY LOCATION) IN THE VICINITY OF CONTRACTOR'S TRENCHING OPERATIONS. CONTRACTOR SHALL NOTIFY THE OWNERS OF UTILITY LINES TO STAKE THEIR UNDERGROUND LINES PRIOR TO ANY CONSTRUCTION. 7. CONTRACTOR SHALL PROVIDE OWNER A ONE YEAR GUARANTEE AND WARRANTY AGAINST ALL DEFECTS IN MATERIALS, WORKMANSHIP AND COMPACTION OF EARTH AND PAVING. 8. CONTRACTOR SHALL PREPARE AND FILE TCEQ NOl (NOTICE OF INTENT) AND NOT (NOTICE OF TERMINATION) COMPLETED FORMS WITH EPA AND WITH REGARD TO POLLUTION PREVENTION (NO SEPARATE PAY). ELECTRICAL CASING PIPE NOTE ELECTRICAL CASING PIPES SHALL BE PVC SCHEDULE 40 PIPE, SOLVENT WELD, CAPPED EACH END (WITHOUT SOLVENT WELD AT END CAPS). CASINGS ARE FOR FUTURE ELECTRICAL WIRE/CABLES TO BE INSERTED BY OTHERS. SIZE OF CASINGS AND PLACEMENT LOCATIONS SHALL BE MADE PURSUANT TO THE REQUIREMENTS OF CPL. PLACE ELECTRICAL CASINGS AND BACKFILL IN ACCORDANCE WITH ALL REQUIREMENTS FOR SANITARY SEWER SERVICE LINES. INSTALL CASING PIPES WITH A MINIMUM OF 4' OF COVER FROM FINISHED SURFACE. CONTRACTOR SHALL CONTACT CPL TO DETERMINE THE LOCATION OF CASINGS REQUIRED BY AEP. CIMARR❑N BLVD. FALC❑N DR. GRIZLEY DR CARIB❑U DR. IMPALA DR. 11 II 11 11 11 1 BAUER DR. SHEET INDEX SHEET 1 SHEET 2 SHEET 3 SHEET 4 SHEET 5 K❑DIAC DR. SALSA DR SAMBA DR. U 1- 1- 0 -1U U¢ LENS DRIVE J U U Ur - U2 z z U W❑❑LVERINE DR. ANVIL DR 1 TRA PKWY. LA SALLE DR. LA ra m NAGE DITCH J Q 0 X w R❑CK CREST R❑CK CREST D BISON DR. KING GEORGE PLACE ROUND TABLE PF SIR GREG DR. BENCHMARK TOP SSMH, EAST CORNER BISON DR. AT GUINEVERE ST., EL 13.93 QUEEN JENN PL \ (SIR MOSES PL KING DAVID PL PRINCESS JEAN PL. PRINCE CHARLES PL OSO PKWY BENCHo ARK TOP SS, ', WEST CO L❑CATI❑N MAP 1" = 600' AT G DAVID P COVER SHEET AND MISCELLANEOUS INFORMATION PAVING, GRADING AND DRAINAGE PLAN, STREET AND STORM SEWER PROFILES SANITARY SEWER AND WATER PLAN AND PROFILE STORM WATER POLLUTION PREVENTION PLAN, ESTIMATE SUMMARY AND BASE MAPS STREET, SIDEWALK AND DRAINAGE DETAILS BENCHMARKS (CITY DATUM, NGVD '29) SEE LOCATION MAP ABOVE DEVELOPER: ER BISON DR. EL 13.40 /eV A _. 9 fil:4:11114 1 *'• f NIXON M. WELSH j AA•'36240 Itir AV i ST .�4�i \vr► 08/24/18 MOSES MOSTAGHASI P.O. BOX 331308 CORPUS CHRISTI, TEXAS 78463 (361) 774-3832 BASS AND WELSH ENGINEERING TX REGISTRATION NO. F-52, 3054 S. ALAMEDA STREET CORPUS CHRISTI, TEXAS 78404 PUBLIC IMPROVEMENTS TO ROYAL CREEK ESTATES UNIT 8 CORPUS CHRISTI, NUECES CO., TX COVER SHEET AND MISCELLANEOUS INFORMATION DWN. CHK. N. WELSH PLOT SCALE: 1" = 50' SCALE (H): AS SHOWN SCALE (V): AS SHOWN DATE PLOTTED 08/24/18 COM. NO. JOB NO. CS.DWG 16022 SHEET 1 OF 5 Exhibit 3 18+00 15 10 5 0 19+00 20+00 21+00 22+00 NG AS SHOWN IS THAT BEFORE C❑NSTRUCTI❑N OF EXISTING DITCH RUNNING APPROXIMATELY ALONG STREET CL. EXISTING DITCH NOT SHOWN 23+00 24+00 25+00 26+00 27+00 28+00 29+00 30+00 31+00 32+00 STA 18 & END LT & R NG "TC I I 19. 06 BEGIN 1 X I ST I NG 6' I , TC LT & RT, TC LT & & GIF LETS 12, 00 RT © 0.3% -------G FIN. GROUND STO MH A-1, 13. 06, FL 3. - -- NG STA 20+00 RT, TC LT __ ------ _ GB LT & & RT 12, 54 T & 'T © 0.3%-- — _ _ _ –_ --------N� _ II _ - - - - - STA 23+00 LT & RT, - - - _ _ - TO LT & PROP. 5' INL:TS C LT & RT 11, - - - - - - RT 0.3% 64 STA .'S+73 _ _ _ RT, - NG – GB LT & C LT & RT 12, _ _ --- 46 _� � TC _ _ NG - 'LT LT & I:17: -----_ & RT, :0:3 CL 5' INLETS 11, 81 �. ----- STA 28+78. :9 INLETS LT LT & RT, 1 TC LT & RT --------- CL 5' & RT, TC 54 C� .3% - STA 30+42. INLET TC LT 88 PC LT -T, Tc LT & RT, „ RT © •3% END 5'STA 12, 03 42" C RT C� .3% _ - - NG STA 31+05. LT, TC LT JTC LT 8c __--- 74 PT RT, 12, 22 RT -3% _— 32 ,,,,,,,,7- C&G LT LT & R 30"HDPP I- - 1 - FL 4. 09 �� FL 4. 03 0 '.*---- 12" WTR FL 3. 881%1- EXISTING 42" RCP FL 3. 10 BEGIN PROP. 42" RCP, FL 4. 20 18" RCP @ 0.32% 30"HDPP FL 3. 69 FL 3. 62-1 FL 3, 10 30"HDPP � `FL 3. 00 FL 2.90 Li 30"HDPP @ 0.31% u 30"WIPP @ 0.15% ■24 'HDPP @ `TA 18+39. 06 B 0" HDPP, FL 5. GIN PROP. '5 Ull -III■ 0.29% M C IN ET RT FL 4. 0: FL 3. 69 111 INLET lE' "T FL 4. 03 INLET LT F 5. 00 NOTE; TH ALONG STREET TO THE F FLOW LINE ❑' CENTERLI ❑W LINE OF P-OP❑SED EXISTING DI E IS VERY RO 30' PIPE CH RUNNING GHLY EQUAL INLET RT L 3,78 1+00 15 10 5 0 15 10 EXISTING 42'RCP @ 5 0 41 STA 27+90.03 ❑S❑ PKWY CL 5' INLETS LT & RT, TC LT & RT, 11. 81 2+00 3+00 15 /// 3 NG o_ \ -------- PR❑P, TOP FIN. GROUND STO MH A-1, 13. 06, FL 3. - -- NG 72--,< -..- CL ❑S❑ n 0,.....-- 8" SS 1._ �\� \\ PROP. STO MI TOP 13, 00, I 42'RCP r 42" HDPP @ 0.05% --_- ____-N-- 7....),Z.Q.z......„.. FL 5, 00 FIN . GROUND - NG PROP. TOP 12"WTR STO MH C-1, 13. 20, FL __-..,,N_ ` .FL 3 78 0 �— 12" WTR FL 3, 72 STORM PROF ILE LINE " A" 1+00 2+00 10 5 0 1+00 15 30"RCP 5j 3+00 0 2+00 3+00 4+00 PROFILE - ❑S❑ PARKWAY 5+00 15 STA 30+42. //--PROP. 5' INLET 88 ❑S❑ PKWY RT, TC RT 12. END 03 ❑S❑ 13. 00, STO MH B-1, FL 3. 10 (ESTIMATED) TOP STO MH B-1, FL 3. 10 (ESTIMATED) --_ 1._ �\� \\ PROP. STO MI TOP 13, 00, I ---- - FIN, GR7UND --_- ____-N-- _ - - N - FIN . GROUND - NG PROP. TOP 12"WTR STO MH C-1, 13. 20, FL 3. 62 �� lx 42" @ RCP \\ 59\\ 5% 42" HDPP @.1 \\ \ -- - 30"HDPP @ 0.05% FL 4. 09 �� FL 4. 03 0 '.*---- 12" WTR FL 3. 881%1- EXISTING 42" RCP FL 3. 10 BEGIN PROP. 42" RCP, FL 4. 20 30"HDPP @ 0.32% 30"HDPP FL 3. 69 FL 3. 62-1 FL 3, 10 30"HDPP `FL 3. 00 FL 2.90 Li 4+00 STORM PR❑FILE LINE " C" NG- -- STA 28+78. 6� 5' INLETS LT & RT, 11.54 ❑S❑ PKWY, & RT, __�_ 01 CL TC LT PROP. 13. 00, ___-- _ STO MH B-1, FL 3. 10 (ESTIMATED) --_ TOP ,'_ NG --- - 8" SS v) 0 J U lx 42" @ RCP 42"RCP @' 1 5% 42" HDPP @.1 -- - .1% FL 4. 09 �� FL 4. 03 0 '.*---- 12" WTR FL 3. 881%1- EXISTING 42" RCP FL 3. 10 BEGIN PROP. 42" RCP, FL 4. 20 ROYAL CREEK ESTATES UNIT 5 V. 68, P, 146 & 147, M. R. 40 k 39 • 0\ 0 V) 0 \ o6 LJ N U Z Z,� 43 LJ as w0 z� �O _J O 1- _0 U CN rH X +T P CO CeZ aU 0otiJ 44 — 7, �=P d N _ LJ X X w� W X W ce X U� _15 r. >- 15 N s=.3% 20 19+00 30n HDPR PROP' -3--___ 1 --••–S=.3% STORM PR❑FILE LINE " B" 37 5' UE - --45– 0— -40 38 td 46 25' 36 48 4 35 As" — ---"' NS=O, 21+00 - --------- --------------------------------------- 0_ 0 �\ z H U e U 131 0_ m0_ n= M. M 0 t M CO 0_ 0 1Ce- (40_ 16 15 / 75.757 AC. CITY OF CORPUS CHRISTI, V. 2138, P. 624, D. R. (PARK). / – 17 – -------------------------------------- 18 / / 2 0 31 - UE / 25' \(R 19 22+00 34 15 10 5 0 r1' 0 � ,49 � j▪ 0 , c" -0 i 50 32 51 4% 18M RCP'` a 0 - 3 o 31 52 30 C-2, L 3. 00 10 5 0 PR❑VIDE END -❑F -PIPE R/C RIPRAP STRUCTURE WITH ADDITI❑NAL CRUSHED STONE LINING. SEE DETAIL SHEET 5. FL 30' 2. 90 29 -739 i� k 53 <� 1�1 c, 11k� 26 yP\. Q • J•k 27 28 / NO\ 57 ��,\d� 25 0 Sr q rIF o "96: FA-po ISrj�C 4/444!4 15 '1/1/P ti pT S \ C46' rc 4. Srq <r 4 24 -0 55 7 7i1. 7 el 7 '::::1/7 i C):'7'7' 'CZ\ 1 ,0='' . ,„ / J r _____— — 0,1 Ilsw-0 10 '''' 3°' ___ ----- ___ ------- \---- c\o,R vA '"s''''' /20 21 / l& 110A / 23 22 24 25 7 77 C;; 75. 757 AC. CITY OF CORPUS CHRISTI, 26 i 7 i cfN 0\ tfl .006 27 eszl 777 i ei 77 -sly ,00 CO '73 o 00 \2' 29 ROYAL CREEK ESTATES UNIT 5 V. 68, P. 146 & 147, M. R. STA 00+67. 93 BEGIN TSW LT. TIE TO EXISTING WALK AND C&G 15 RilOVE EXISTING WALK IN FRONTAGE OF LOT 0 1 '11D im if rojti STA +00 ru Cf▪ l / 30 S KS 41. >- UE BEGI: C&G LT in 17 °J(..;:: 7// rn\ 18 YR OL El al >- BARRICADE 32+03. 09 END 31 O ICC - rn 0 07-7 STORM LINE "C" spe -PROP. 30' RCP BY CITY PROP. STO MH BY CITY PROP. STO MH B-1,TOP 13. 00, FL 3. 10 (ESTIMATED) EXISTING STO PIPES TO REMAIN IN PLACE rt I 1----T--EXISTING CONCRETE AROUND WV APPROX LIMIT OF FINGERLET (TRIBUTARY) OF OSO CREEK, OFTEN STANDING WATER) 000.110a, mon NIXON M. WELSH 1}.11. 36240 Foge$ AtONAL 08/24/18 75. 757 AC. CITY OF CORPUS CHRISTI, V. 2138, 40' CLOSED ROAD RIGHT-OF-WAY PROP. 30' RCP BY CITY 15 STA 1+ C&G LT 10 5 1+00 15 +03.09 END & RT, TC T, 12. 51 10 5 HDPP (HIGH DENSITY POLYETHELENE PIPE) CONTRACTOR SHALL USE HDPP WHERE SHOWN N THE PLANS FOR STORM SEWER. HDPP SHALL BE DUAL WALL CORRUGATED EXTERIOR WALL WITH SMOOTH INTERIOR WALL WITH MANNING'S HYDRAULIC COEFFICIENT OF 0.12 OR LESS AND SHALL MEET THE REQUIREMENTS OF ASTM F2306, D2321, F477, D3212 AND AASHTO M252 AND M294 TYPE "s". CONTRACTOR SHALL SUBMIT MANUFACTURER'S CATALOG DATA FOR HDPP TO ENGNEER FOR APPROVAL AND SHALL DO NO HDPP CONSTRUCTION UNTIL HE HAS RECENED ENGINEER'S WRITTEN APPROVAL PAY FOR HDPP AS LF OF SAME SEE RCP 2+00 3+00 )0 BEGIN STA 1+12. INLETS LT 50 END 7' & RT, TC LT TC RT [STA 2+6 FL 3.90 -FL 3. 75 NOTE: ALL UTILITY CROSSINGS SHALL MEET CITY AND TCEQ STANDARDS 0 25' 50' 100' PROFILE - KING HENRY PLACE INLET 10 5 BASS & WELSH ENGINEERING TX SURVEY REG. NO 100027-00, TX ENGINEERING REG. NO. F-52, 3054 S. ALAMEDA STREET, CORPUS CHRISTI, TEXAS 78404 ROYAL CREEK ESTATES UN I T 8 STREET AND STORM SEWER PROF ILES DWN. N. WELSH JR. CHK. N. WELSH PLOT SCALE l'=50' SCALE (H): SAME DATE PLOTTED 08/24/18 COM. NO. PGD AS PGD JOB NO 16022 SHEET 2 OF 5 Exhibit 3 18+00 15 10 5 0 41 19+00 20+00 21+00 22+00 NG AS SHOWN IS THAT BEFORE C❑NSTRUCTI❑N OF EXISTING DITCH RUNNING APPROXIMATELY ALONG STREET CL. EXISTING DITCH NOT SHOWN 23+00 24+00 25+00 26+00 27+00 28+00 29+00 30+00 31+00 32+00 ROYAL CREEK ESTATES UNIT 5 V. 68, P. 146 & 147, M. R. 40 39 38 36 34 32 PR❑FILE — SS LINE 1116111 ( ❑S❑ PARKWAY) 31 28 25 O 24 15 ROYAL CREEK ESTATES UNIT 5 V. 68, P. 146 & 147, M. R. ® 15 J 7. 5' UE w H cb —7, 5' UE 0_ OL El al U»p LL _ O D_ >- 1- CO (Y) U CU U j LOhoz S U I I Z O Fri 13 • bd CO • -D f7 < 7 0 C (J.) (/) w d G.CZC'C> PcC° 26 Js 27 29 30 75. 757 AC. CITY OF CORPUS CHRISTI, V. 2138, P. 624, D. R. (PARK) . i 35 37 SSS - SD 27 N z- w ~X Q X W0_ LJX LJ tz X U 0 15 30" HDPP 15 SSS WS�SS CL (U 0 CO 1- X 1— (4 �(4 75.757 AC. CITY OF CORPUS CHRISTI, V. 2138, P. 624, D. R. (PARK) . SECT. 22, FB & EF & GT, V. " A" , P. 41 — 43, M. R. 75.757 AC. CITY OF CORPUS CHRISTI, V. 2138, P. 624, D. R. (PARK) . 22'��`� P J• as g~t, off' NIXON M. WELSH Vol. 36240 o4 'tItiaPSWt W 'OlYAl E��" 08/24/18 40' CLOSED ROAD RIGHT-OF-WAY 15 10 5 0 1 +00 15 10 5 0 2+00 3+00 STA 1+10 EXISTING TOP 10. 18, FL TC LT & RT ® .3% 30+89. 70 L INE 2+67. 26 LINE P. SSMH A-4, 44, FL 6, 69 o TC LT & RT 0) 0.3% - - - _ _ - —171G - NG _ - - - - - - _ _ - TC LT & R- TC _ _ _ _ _ Cs� 0.3% NG - - _ - - - •LINE "A" 4' sss TC LT - - _- _-___ NG @ 0. 35% & RT ® .3q; STA A-2, 4 28+03 PROP. TOP 12, 42, SSS SSMH FL 8. 61 _ 4" SSS I 0� 1 1,1 TC LT & RT STA A-3 0 .3% 28+66. 67 PR❑P. TOP 11. 80, FL TC LT & RT SSMH 8. 30 ® .3% TC RT ® •3% STA 30+89. 70 2+67. 26 LINE (INE " A" = "B", PR❑P. STA SSMH o o TC LT & _ _ - NG 12' WTR 3. 4'SSS AT CR❑SSING OF 12"WTR RT ® .3% - _- - 5' COVER - - - - - - - - - - — - ------- --- NG1 7, A I EXISTING STO INLET RT 4' SSS ❑F 30' -------- AT CR❑SSING HDPP ( TYP, ) -71G-- " . 30 RCP — 0 I 1 1 I 4' SSS 0 4"SSS AT CROSSING 30"HDPP C TYP, ) 5' 4"SSS D COVER 12" W PROP. �� 4' SSS 0 8" PVC SS P'❑P INLET STO RT/DF- 2. 65 WTR I I 11— PROP, I11I II II INLET 11 I FL I ,� ----------- 8" PVC SS 4" SSS RT 4. 03 L INE A _��--- — 04"sss @ 0 72% __-- - WTR 12" I I I- I I 4"sss I -1—U- I 12"W 4'SSS 5' COVER 0 ` T 12" W 04" SSS �30"HDPP _ _ -PR❑P. 8 PVC SS L INE 0 4"SSS A @ 0. 0 4' SSS 35% �4"SSS 0 5' COVER 12"W I 1 4' SSS ! I I 4'� B I�� ----- --- 30"HDPP T I ---- 12' W 12" W PR❑P. RT, FL ST❑ INLET II 3. 78 III _ _ --L-1 - - . STA SSMH, EXISTING 18+29 EXISTING TOP 12, 40, 12'W FL 5, 20T/12' I I PROP. 12. 04, FL SSMH 6. 86 30"HDPP �� ____ I I ____AI LJ H STA 23+03.55 A-1, TOP ROYAL CREEK ESTATES UNIT 5 V. 68, P. 146 & 147, M. R. 40 39 38 36 34 32 PR❑FILE — SS LINE 1116111 ( ❑S❑ PARKWAY) 31 28 25 O 24 15 ROYAL CREEK ESTATES UNIT 5 V. 68, P. 146 & 147, M. R. ® 15 J 7. 5' UE w H cb —7, 5' UE 0_ OL El al U»p LL _ O D_ >- 1- CO (Y) U CU U j LOhoz S U I I Z O Fri 13 • bd CO • -D f7 < 7 0 C (J.) (/) w d G.CZC'C> PcC° 26 Js 27 29 30 75. 757 AC. CITY OF CORPUS CHRISTI, V. 2138, P. 624, D. R. (PARK) . i 35 37 SSS - SD 27 N z- w ~X Q X W0_ LJX LJ tz X U 0 15 30" HDPP 15 SSS WS�SS CL (U 0 CO 1- X 1— (4 �(4 75.757 AC. CITY OF CORPUS CHRISTI, V. 2138, P. 624, D. R. (PARK) . SECT. 22, FB & EF & GT, V. " A" , P. 41 — 43, M. R. 75.757 AC. CITY OF CORPUS CHRISTI, V. 2138, P. 624, D. R. (PARK) . 22'��`� P J• as g~t, off' NIXON M. WELSH Vol. 36240 o4 'tItiaPSWt W 'OlYAl E��" 08/24/18 40' CLOSED ROAD RIGHT-OF-WAY 15 10 5 0 1 +00 15 10 5 0 2+00 3+00 STA 1+10 EXISTING TOP 10. 18, FL SSMH 6. 17 TC LT STA STA PR 11, & RT @ 0' 33% 30+89. 70 L INE 2+67. 26 LINE P. SSMH A-4, 44, FL 6, 69 "A" "B", TOP 1 = 1 PROP. 8'PVC LINE " C" 1 SS 1 @ 0. 337 1 1 I 1 1 1 I 1 1 27"HDPP 1 1,1 1 1I 11111 IUI I NOTE: ALL UTILITY CROSSINGS SHALL MEET CITY AND TCEQ STANDARDS 0 2T 50' SCALE: 1"= 50' PROFILE — SS LINE "B" (KING HENRY PLACE) 10 5 0 BASS (Sc WELSH ENGINEERING TX SURVEY REG. NO 100027-00, TX ENGINEERING REG. NO. F-52, 3054 S. ALAMEDA STREET, CORPUS CHRISTI, TEXAS 78404 PUBLIC IMPROVEMENTS TO ROYAL CREEK ESTATES UNIT 8 CORPUS CHRISTI, NUECES C❑., TX SANITARY SEWER AND WATER PLAN & PR❑FILE DWN. N. WELSH JR. CHK. N. WELSH PLOT SCALE: 1"=50' SCALE (H): SAME SCALE (V): 1"=5' DATE PLOTTED 08/24/18 COM. NO. PGD AS SSW JOB NO. 16022 SHEET 3 OF 5 Exhibit 3 41 STIvAT SVVRY STREET AND SURFACE ITEMS ITEM DESCRIPTION QUANTITY UNIT 1 6" CURB & GUTTER 3083 LF 2 4" THICK CONCRETE WALK 18118 SF 3 2" HMAC 504 SY 4 4" HMAC 5536 SY 5 8" LIME STABILIZED SUBGRADE 7409 SY 6 8" CRUSHED LIMESTONE BASE 672 SY 7 11" CRUSHED LIMESTONE BASE 6737 SY 8 STOP SIGN 1 EA 9 EXCAVATION 1 LS 10 END OF ROAD BARRICADE 1 EA 11 CLEARING AND GRUBBING 1 LS OVERSIZE OSO PARKWAY (FOR CITY REIMBURSEMENT) ITEM DESCRIPTION QUANTITY UNIT 1 4" THICK CONCRETE WALK 5778 SF 2 OVERTHICKNESS 2" HMAC TO 4" HMAC = 2" HMAC 5536 SY 3 OVERTHICKNESS 8" CRUSHED LIMESTONE BASE TO 11" CRUSHED LIMESTONE BASE = 3" CRUSHED LIMESTONE BASE 6737 SY 12" WATER GRID MAIN ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT 1 12" PVC PIPE 1384 LF 2 12" CAP TAPPED FOR 2" 1 EA 3 12" TEE 4 EA 4 CRUSHED STONE EMBEDMENT FOR 12" WTR 1384 LF 5 DEWATERING FOR 12" WATER 1384 LF 6 6" PVC PIPE NIPPLE 9 EA 7 6" GATE VALVE W/BOX 3 EA 8 6" 90' EL 3 EA 8 FIRE HYDRANT ASSEMBLY 3 EA WATER ITEMS (NON -GRID MAIN) ITEM DESCRIPTION QUANTITY UNIT 1 WATER SERVICE DOUBLE 16 EA 2 WATER SERVICE SINGLE 4 EA 3 6" PVC PIPE 230 LF 4 6" GATE VALVE W/BOX 1 EA ROYAL CREEK ESTATES UNIT 5 V. 68, P. 146 & 147, M. R. 40 39 38 37 STORM SEWER ITEMS ITEM DESCRIPTION QUANTITY UNIT 1 18" RCP 138 LF 2 24" RCP 83 LF 3 27" RCP 140 LF 4 30" RCP 1366 LF 5 42" RCP 410 LF EA 6 5' INLET 9 7 7' INLET 2 EA 8 MANHOLE 4 EA SANITARY SEWER ITEMS ITEM DESCRIPTION ITEM DESCRIPTION QUANTITY UNIT 1 8" PVC PIPE 1368 LF 2 4" OR 6" PVC SERVICE 36 EA 3 FIBERGLASS MANHOLE 4 EA MISCELLANEOUS ITEMS ITEM DESCRIPTION QUANTITY UNIT 1 TRAFFIC CONTROL AND BARRICADING PLAN AND PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 2 TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER AND STORM SEWER PIPES OF ALL SIZES) 5145 LF 3 4" PVC CONDUIT FOR AEP 200 LF 4 STORM WATER POLLUTION PREVENTION 1 LS 36 34 32 31 P❑LLUTI❑N PREVENTI❑N NOTES 1. C❑NSTRUCTI❑N ENTRANCE - CONSTRUCT A PROPOSED 28' X 30' C❑NSTRUCTI❑N ENTRANCE CONSISTING OF AN AREA SURFACED WITH CRUSH STONE OR GRAVEL OF SIZE 2' TO 4'. THE GRAVEL OR CRUSHED STONE SHALL BE PLACED IN A MINIMUM 6' THICK LAYER AND SHALL OVERLAY A LAYER OF FILTER CLOTH MEETING THE SAME REQUIREMENTS AS FOR SILT FENCE. CONTRACTOR SHALL MAINTAIN THE C❑NSTRUCTI❑N ENTRANCE IN GOOD C❑NDITI❑N THROUGHOUT THE DURATI❑N OF THE PROJECT AND SHALL REMOVE MUD OR OTHER DEBRIS FROM THE C❑NSTRUCTI❑N ENTRANCE PERIODICALLY DURING THE PROJECT. 2. C❑NSTRUCTI❑N EQUIPMENT TRACKING - CONTRACTORS SHALL ENSURE THAT NO MUD OR ANY OTHER DEBRIS BE TRACKED ONTO ANY PAVED STREETS IN THE AREA OF THIS PROJECT, SHOULD ANY MUD OR OTHER DEBRIS BE TRACKED ONTO PAVED STREETS, CONTRACTOR SHALL IMMEDIATELY CLEANUP SAME AT HIS OWN EXPENSE. 3. SILT SCREENS - CONSTRUCT SILT SCREENS AT L❑CATI❑NS AS SHOWN IN THE PLANS. ALL SILT SCREENS SHALL MEET THE REQUIREMENTS OF CITY STANDARD SPECIFICATI❑N 022420 'SILT FENCE'. THE SILT FENCES SHALL BE INSPECTED THROUGHOUT THE C❑NSTRUCTI❑N PERI❑D ON A WEEKLY BASIS AND SHALL BE REPAIRED/REPLACED AS NECESSARY. 4. S❑LID WASTE DISP❑SAL - ALL TRASH AND DEBRIS WILL BE HAULED TO AN APPROVED LANDFILL. NO C❑NSTRUCTI❑N WASTE MATERIAL WILL BE BURIED ❑N -SITE. ALL PERSONNEL WILL BE INSTRUCTED REGARDING THE CORRECT PROCEDURE FOR WASTE DISP❑SAL. NOTICES STATING THESE PRACTICES SHALL BE POSTED AT THE JOB SITE. 5. HAZARDOUS WASTE - NO HAZARDOUS WASTE IS EXPECTED TO BE GENERATED OR ENCOUNTERED IN THIS PROJECT. IN THE EVENT THAT HAZARDOUS WASTE IS ENCOUNTERED, ALL HAZARDOUS WASTE MATERIALS WILL BE DISP❑SED OF IN THE MANNER SPECIFIED BY LOCAL OR STATE REGULATI❑NS OR BY THE MANUFACTURER. 6. SPILL PREVENTI❑N - THE F❑LL❑WING ARE THE MATERIAL MANAGEMENT PRACTICES THAT WILL BE USED TO REDUCE THE RISK OF SPILLS OR OTHER ACCIDENTAL EXPOSURE OF MATERIALS AND SUBSTANCES TO STORM WATER RUNOFF. AN EFFORT WILL BE MADE TO STORE ONLY ENOUGH PRODUCT REQUIRED TO DO THIS JOB. ALL MATERIALS STORED ONSITE WILL BE STORED IN A NEAT, ORDERLY MANNER IN THEIR APPROPRIATE CONTAINERS AND, IF POSSIBLE, UNDER A ROOF OR OTHER ENCLOSURE. PRODUCTS WILL BE KEPT IN THEIR ORIGINAL CONTAINERS WITH THE ORIGINAL MANUFACTURER'S LABEL. SUBSTANCES WILL NOT BE MIXED WITH ONE ANOTHER UNLESS RECOMMENDED BY OF THE MANUFACTURER. WHENEVER POSSIBLE, ALL OF THE PRODUCT WILL BE USED UP BEFORE DISP❑SING THE CONTAINER. MANUFACTURER'S REC❑MMENDATI❑NS FOR PROPER USE AND DISP❑SAL WILL BE FOLLOWED. THE SITE SUPERINTENDENT WILL INSPECT DAILY TO ENSURE PROPER USE AND DISP❑SAL OF MATERIALS ONSITE, FUELING OF C❑NSTRUCTI❑N VEHICLES SHALL BE MADE A MINIMUM OF 200' AWAY FROM ANY DRAINAGE INLET OR SWALE. 7. PAY FOR SILT SCREEN FENCES, STABILIZED C❑NSTRUCTI❑N ENTRANCE AND ALL P❑LLUTI❑N PREVENTI❑N MEASURES OF ALL TYPES IN UNIT PRICE OF 'STORM WATER P❑LLUTI❑N PREVENTI❑N'. 8. CONTRACTOR SHALL ENSURE DUST ON THE SITE IS CONTROLLED (NOT ALLOWED TO BLOW TO ADJACENT PROPERTY) BY DAMPENING DURING C❑NSTRUCTI❑N. \% d c, 1I),(0 26 \ \\ Q • J• 27 25 O 8 9. CONCRETE TRUCKS WILL NOT BE ALLOWED TO WASH OUT ANYWHERE ON THE PROJECT SITE UNLESS THE SURPLUS CONCRETE OR DRUM WASH WATER IN CONCRETE TRUCKS IS DISCHARGED AT A FACILITY ON THE CONSTRUCTION SITE THAT WILL RETAIN ALL CONCRETE WASH WATERS OR LEACHATES, INCLUDING ANY WASH WATERS OR LEACHATES MIXED WITH STORM WATER. CONCRETE WASH WATERS AND LEACHATES MAY NOT BE ALLOWED TO ENTER THE MUNICIPAL SEPARATE STORM SEWER SYSTEM, CITY STREETS, THE WATERS OF THE UNITED STATES, OR GROUND WATERS. 10. NON -CONCRETE TRUCK VEHICLES SHALL BE WASHED AT THE STABILIZED CONSTRUCTION ENTRANCE IN A MANNER TO REMOVE ALL MUD AND DEBRIS FROM THE TIRES. 11 THE TEXAS POLLUTANT DISCHARGE ELIMINATION SYSTEM (TPDES) GENERAL PERMIT REQUIRES STABILIZATION MEASURES TO BE INITIATED AS SOON AS PRACTICABLE IN PORTIONS OF THE SITE WHERE CONSTRUCTION ACTIVITIES HAVE TEMPORARILY OR PERMANENTLY CEASED, AND MUST BE INITIATED IMMEDIATELY AFTER THE CONSTRUCTION ACTIVITY IN THAT PORTION OF THE SITE HAS TEMPORARILY OR PERMANENTLY CEASED. CONSTRUCTION TEMPORARILY CEASED - IMMEDIATELY" MEANS AS SOON AS PRACTICABLE, BUT NO LATER THAN THE END OF THE NEXT WORK DAY, EXCEPT WHERE TEMPORARY STABILIZATION IS INFEASIBLE, BUT TEMPORARY PERIMETER CONTROLS ARE UTILIZED INSTEAD; THE OPERATOR MUST DOCUMENT WHY STABILIZATION IS INFEASIBLE AND DEMONSTRATE THAT PERIMETERS CONTROLS WILL RETAIN SEDIMENT ONSITE. CONSTRUCTION PERMANENTLY CEASED - "IMMEDIATELY" MEANS AS SOON AS PRACTICABLE, BUT NO MORE THAN 14 DAYS AFTER INITIATION, EXCEPT WHERE THE INITIATION OF PERMANENT STABILIZATION MEASURES IS PRECLUDED BY SNOW COVER OR FROZEN GROUND CONDITIONS, STABILIZATION MEASURES MUST BE INITIATED AS SOON AS PRACTICABLE. 15 ROYAL CREEK ESTATES UNIT 5 V. 68, P. 146 & 147, M. R. ® 15 w — 7. 5' UE 0 OL OCU Uup LL _ 0_ >- I— V— CO U CU U j r H hoz U 24 28 29 30 75. 757 AC. CITY OF CORPUS CHRISTI, V. 2138, P. 624, D. R. (PARK) . 40' CLOSED ROAD RIGHT-OF-WAY 35 16 ,‘• L SSF N SSF z r L. w X Q X LJ [1 W J X LX o' U Q 0 15 15 PROPOSED STABILIZED CONSTRUCTION ENTRANCE. MEET OR EXCEED CITY STANDARD STORM WATER POLLUTION PREVENTION DETAILS AS TO SIZE, DIMENSIONS AND CONSTRUCTION DETAILS AND SPECIFICATIONS 75.757 AC. CITY OF CORPUS CHRISTI, V. 2138, P. 624, D. R. (PARK) . SECT. 22, FB & EF & GT, V. " A", P. 41 - 43, M. R. 75.757 AC. CITY OF CORPUS CHRISTI, V. 2138, P. 624, D. R. (PARK) . SEDIMENTATION SCREENING FENCE SEE CITY STANDARD STORM WATER POLLUTION PREVENTION DETAILS FOR CONSTRUCTION CCR 015700 TEMPORARY CONTROLS ALL STORM WATER POLLUTION WORK SHALL BE DONE IN ACCORDANCE WITH CCR 015700 'TEMPORARY CONTROLS". THIS SPECIFICATION SHALL BE OBTAINED BY CONTRACTOR FROM THE CITY ENGINEERING SERVICES DEPARTMENT OR ON LINE AT THE CITY'S WEB SITE, ENGINEERING SERVICES DEPARTMENT, PROCESS, STANDARDS AND CONTRACTS, FRONT END CONSTRUCTION CONTRACT DOCUMENTS, DIVISION 01. 22'��`� P WATER BASE MAP N NOTE: ALL UTILITY CROSSINGS SHALL MEET CITY AND TCEQ STANDARDS 0 2T 50' SCALE: 1"= 50' SANITARY SEWER BASE MAP 1 "=200' N errgook, go, 1*1 :i,p� NIXON M. WELSH ,; 0,. 36240 aa$ Sato.% 08/24/18 BASS & WELSH ENGINEERING TX SURVEY REG. NO 100027-00, TX ENGINEERING REG. NO. F-52, 3054 S. ALAMEDA STREET, CORPUS CHRISTI, TEXAS 78404 PUBLIC IMPROVEMENTS TO ROYAL CREEK ESTATES UNIT 8 CORPUS CHRISTI, NUECES CO., TX STORM WATER P❑LLUTI❑N PREVENTI❑N PLAN, ESTIMATE SUMMARY AND BASE MAPS DWN. N. WELSH JR. CHK. N. WELSH PLOT SCALE: l'=50' SCALE (H): SAME SCALE (V): 1'=5' DATE PLOTTED 08/24/18 COM. NO. PGD AS SWPPP JOB NO. 16022 SHEET 4 OF 5 Exhibit 3 60' STREET ROW 10' 40' BB STREET 2" TYPE "D" HMAC ON PRIME COAT (D 0.15 GALLONS PER SQUARE YARD (NO SEPARATE PAY FOR PRIME COAT) 20' 20' PROP. 4'WIDE R/C WALK COMPACT BACKFILL TO 95% STANDARD PROCTOR DENSITY (BOTH SIDES) AND UNDER WALKS (TYP.) 1.0' 2% 5" CROWN FROM LIP OF GUTTER STREET 8" CRUSHED LIMESTONE BASE TO 2' BEHIND C & G TO MEET REQUIREMENTS OF CITY STANDARD SPECIFICATION 025223 CRUSHED LIMESTONE FLEXIBLE BASE. COMPACT TO 95% MODIFIED PROCTOR DENSITY AT A MOISTURE CONTENT +/- 2% OF OPTIMUM MOISTURE TYPICAL STREET SECTION \\— 8" LIME STABILIZED SUBGRADE TO 2' BEHIND C&G BOTH SIDES OF STREET AND COMPACTED TO 95% STANDARD PROCTOR DENSITY WITHIN +/- TWO PERCENTAGE POINTS OF OPTIMUM MOISTURE. LIME SHALL BE APPLIED AT THE RATE OF 34 LB/SY (TO BE VERIFIED THROUGH GEOTECHNICAL TESTING). 8" THICKNESS BENEATH C&G AND TO 2' BEHIND C&G 2% 1.0' TYP. PROP. 4'WIDE R/C WALK 6' CITY STD. R/C CURB AND GUTTER (TYPICAL BOTH SIDES) — 60' ROW NTS 80' STREET ROW 14.5' 40' BB STREET 25.5' 4" TYPE "D" HMAC ON PRIME COAT ® 0.15 GALLONS PER SQUARE YARD 20' 20' 5" CROWN FROM LIP OF GUTTER �-CL STREET 8.5' UNLESS SHOWN OTHERWISE PROP. 4' WIDE R/C WALK COMPACT BACKFILL TO 95% STANDARD PROCTOR DENSITY (BOTH SIDES) AND UNDER WALKS (TYP.) 1 1 " CRUSHED LIMESTONE BASE TO 2' BEHIND C & G TO MEET REQUIREMENTS OF CITY STANDARD SPECIFICATION 025223 CRUSHED LIMESTONE FLEXIBLE BASE. COMPACT TO 95% MODIFIED PROCTOR DENSITY AT A MOISTURE CONTENT +/- 2% OF OPTIMUM MOISTURE 4' WIDE R/C WALK COMPACT BACKFILL TO 95% STANDARD PROCTOR DENSITY (BOTH SIDES) AND UNDER WALKS (TYP.) NOTES: PROP. 8' WIDE R/C WALK 6" CITY STD. R/C CURB AND GUTTER (TYPICAL BOTH SIDES) 8" LIME STABILIZED SUBGRADE TO 2' BEHIND C&G BOTH SIDES OF STREET AND COMPACTED TO 95% STANDARD PROCTOR DENSITY WITHIN +/- TWO PERCENTAGE POINTS OF OPTIMUM MOISTURE. LIME SHALL BE APPLIED AT THE RATE OF 34 LB/SY (TO BE VERIFIED THROUGH GEOTECHNICAL TESTING). 8" THICKNESS BENEATH C&G AND TO 2' BEHIND C&G 1. PAY FOR CRUSHED LIMEST❑NE BASE AS 11" THICKNESS THROUGHOUT REGARDLESS OF 4' MINIMUM DEPTH IN SOME AREAS. 2. CRUSHED LIMEST❑NE BASE AND LIME STABILIZED SUBGRADE SHALL EXTEND TO 2' BC AS FOR TYPICAL SECTI❑N HEREOF. 3. THE CENTERLINE OF PAVING AND ALIGNMENT OF 8' WALK VARIES WITHIN RIGHT -❑F -WAY IN NORTH PART OF STREET, SEE PLAN. TYPICAL STREET SECTION — N. OSO PKWY_ NTS 50' STREET ROW 11' 28' BB STREET 2" TYPE "D" HMAC ON PRIME COAT © 0.15 GALLONS PER SQUARE YARD (NO SEPARATE PAY FOR PRIME COAT) 14' 14' 2% 5" CROWN FROM LIP OF GUTTER 6" CRUSHED LIMESTONE BASE TO 2' BEHIND C & G TO MEET REQUIREMENTS OF CITY STANDARD SPECIFICATION 025223 CRUSHED LIMESTONE FLEXIBLE BASE. COMPACT TO 95% MODIFIED PROCTOR DENSITY AT A MOISTURE CONTENT +/- 2% OF OPTIMUM MOISTURE CL STREET NOTE: PAY FOR CRUSHED LIMEST❑NE BASE BY SQUARE YARD AS THOUGH OF UNIF❑RM THICKNESS OF 6' 2% 1.0' TYP. 4' WIDE R/C WALK 6' CITY STD. R/C CURB AND GUTTER (TYPICAL BOTH SIDES) 8" LIME STABILIZED SUBGRADE TO 2' BEHIND C&G BOTH SIDES OF STREET AND COMPACTED TO 95% STANDARD PROCTOR DENSITY WITHIN +/- TWO PERCENTAGE POINTS OF OPTIMUM MOISTURE. LIME SHALL BE APPLIED AT THE RATE OF 34 LB/SY (TO BE VERIFIED THROUGH GEOTECHNICAL TESTING). 8" THICKNESS BENEATH C&G AND TO 2' BEHIND C&G TYPICAL STREET SECTION — 50' ROW NTS TENSAR GEO GRID TENSAR GEOGRID TX -5 (OR PRE -APPROVED EQUAL) MAY BE USED IN LIEU OF 8" LIME STABALIZED SUBGRADE. PLACE GEO GRID TO 2' BC AND CONSTRUCT IN ACCORDANCE WITH THE MANUFACTURER'S RECOMMENDATIONS. CRUSHED LIMESTONE BASE SHALL OVERLAY GEO GRID. GEO GRID MAY BE SUBSTITUTED FOR (USED IN LIEU OF) 8" LIME STABILIZED SUBGRADE FOR ALL STREET SECTIONS (NO SEPARATE PAY). CONSTRUCT IN ACCORDANCE WITH CITY STANDARD SPECIFICATION 022040 AND THE MANUFACTURERS RECOMMENDATIONS. IF GEOGRID IS USED PROVIDE 6" (MINIMUM) THICKNESS COMPACTED CRUSHED LIMESTONE BASE IMMEDIATELY ABOVE THE GEOGRID. 2 7/8" MATERIAL 27" 2 7\8" X 2 3/8" SOCKET - 2 7/8" 0.D. X 12 GA. GALVANIZED TUBING - ASTM A 787 - WEIGHT 7.2# Z POZ-LOC SIGN SUPPORT POST AND SOCKET SYSTEM THE POZ-LOC SIGN SUPPORT POST ANCHOR SYSTEM IS A TUBULAR SOCKET SYSTEM DESIGNED TO BE USED FOR TYPE I SMALL TRAFFIC SIGN SUPPORTS. THE ASSEMBLY CONSIST OF: 1. A GALVANIZED 2-3/8" O.D. TRAFFIC SIGN POST WITH A MINIMUM WALL THICKNESS OF .065". 2. A TUBULAR SOCKET 2-7/8" 0.D. X 12 GA. WALL THICKNESS X 27" LONG. THE SOCKET IS POINTED TO FACILITATE DRIVING INTO THE GROUND AND TO ACCEPT A STANDARD 2-3/8" TRAFFIC SIGN POST, WHICH INSERTS INTO THE SOCKET. 3. A WEDGE WHICH IS DRIVEN BETWEEN THE SOCKET AND THE POST AND FUNCTIONS TO LOCK THE POST INTO THE SOCKET. SHOULD THE POST BE DAMAGED, OR OTHERWISE NEED TO BE REMOVED, THE WEDGE CAN BE REMOVED WITH A WEDGE PULLER, ANOTHER POST INSERTED, AND THE WEDGE REPLACE WITHOUT DISTURBING THE FOOTING. THE USE OF A SPECIAL WEDGE PULLER DISCOURAGES VANDALISM OF THE SIGN SYSTEM. SIDE VIEW 0— 9/16" DIA. HOLE 8 1/2" TOP VIEW ef:2S 2 7/8" EDGE VIEW -1 2 7\8" X 2 3/8" POST WEDGE MATERIAL SUPPORT PIPE POST WEDGE SOCKET GROUND LEVEL SIGN LOC ATI❑N D L) U MIN❑R 10' 10' u_ 0 TIED SIDEWALK SOCKET SHALL BE MECHANICALLY DRIVEN INTO UNDISTURBED EARTH POZ-LOC SOCKET ASSEMBLY - 3 1/2" X 8 1/2" X 11 GA. GALVANIZED SHEET - ASTM A - 526 G-90 - WEIGHT 1# POZ-LOC SIGN SUPPORT ASSEMBLY 18" SQUARE, OM -4B APPROX. GROUND SURFACE 5' 6' 6' 6' 5' DETAIL — END OF ROAD 3ARRICADE INSTALLATION (TYPE OM — 4B OBJECT MARKERS) NTS 7 EXISTING SIDE OR END OF DITCH, SLOPE VARIES PROPOSED STORM PIPE, ANY SIZE 12" FL, SEE PLAN PROPOSED R/C DITCH LINING 4" THICK, WIDTH OF LINING SHALL BE PIPE 0.D. PLUS 36" (MINIMUM.) 3' 5' 12 "- REINFORCE ALL DITCH LINING WITH 6 X 6 X 6/6 WWF THROUGHOUT, PLACED MIDHEIGHT IN CONCRETE. BEND TO CONFORM. DITCH BOTTOM PROPOSED 5' LONG X WIDTH OF CONC. LINING 3" (-) CRUSHED STONE LINING TYPICAL SECTION - PROPOSED CONCRETE LINING IN DITCH AT END OF PROPOSED STO. PIPE NTS CURB & GUTTER 9' 36' 1 STREET NAME 30" RI -1 \ / 2 FT. z SUPPORT PIPE 0 U m J L- ce o r SIGN L❑CATI❑N SHALL BE IN THE AREAS SHADED IN THE ABOVE DIAGRAM NOTES: 1. ALL STREET NAME BLADES SHALL BE 9" TALL EXTRUDED ALUMINUM BLADES WITH GREEN HIGH INTENSITY PRISMATIC (HIP) SHEETING, USING WHITE 6" TALL CAPITAL LETTER WITH LOWERCASE LETTERING. 2. TRIANGULAR SLIP BASE SYSTEMS ARE REQUIRED FOR ROADSIDE SIGN SUPPORTS THIS PROJECT. EXTRUDED ALUMINUM BLADES WITH GREEN HIGH INTENSITY PRISMATIC (HIP) SHEETING, USING WHITE 6" TALL CAPITAL LETTERS AND LOWER CASE LETTERING SUPPORT PIPE (POST) 9'-6" FROM GROUND LEVEL TO TOP OF PIPE GROUND LEVEL 1 2' •I SIDEWALK SET SOCKET IN 12' DIA. X 30' CONCRETE STOP SIGN INSTALLATION FOR RESIDENTIAL INTERSECTIONS NIXON M. WELSH .. ��• 362401,5? . �� 08/24/18 BASS AND WELSH ENGINEERING TX REGISTRATION NO. F-52, 3054 S. ALAMEDA STREET CORPUS CHRISTI, TEXAS 78404 PUBLIC IMPROVEMENTS TO ROYAL CREEK ESTATES UNIT 8 CORPUS CHRISTI, NUECES CO., TX STREET & SIDEWALK DETAILS DWN. CHK N. WELSH PLOT SCALE: 1" = 50' SCALE (H): AS SHOWN SCALE (V): AS SHOWN DATE PLOTTED 08/24/18 COM. NO. JOB NO. STR-DET 16022 SHEET 5 OF 5 Exhibit 3 NIXON M. WELSH, P.E., R,P.L.S. Email: NIxMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 ROYAL CREEK ESTATES UNIT 8 12" WATER GRID MAIN REIMBURSEMENT ESTIMATE 08/24/18 12" WATER GRID MAIN ITEMS REIMBURSABLE BY CITY UNIT 3054 S Alameda St. 361 882-5521- FAX 361 882-1265 AMOUNT 1 12" PVC PIPE 1384 LF 60,00 583,040.00 2 12" CAP TAPPED FOR 2" 1 EA 350.00 350.00 3 12" TEE 4 EA 850.00 3,400.00 4 CRUSHED STONE EMBEDMENT FOR 12" WATER 1384 LF 30.00 41,520.00 5 DEWATERING FOR 12" WATER 1384 LF 20.00 27,680.00 6 6" PVC PIPE NIPPLE 9 EA 250.00 2,250.00 7 6" GATE VALVE WITH BOX 3 EA 950.00 2,850.00 8 6" 90' ELBOW 3 EA 300.00 900.00 9 FIRE HYDRANT ASSEMBLY 3 EA 4,000.00 12,000.00 SUBTOTAL 10% ENGINEERING, SURVEYING & TESTING TOTAL CONSTRUCTION LESS CITY WATER ACREAGE FEE TOTAL AMOUNT REIMBURSABLE Exhibit 4 Page 1 of 1 5173,990.00 $17,399.00 $191,389.00 -57,578.26 5183,810.74 4424'1.e7- 1,k) yam, T. 69113'I'° -p e4 erv9P et)GfN INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor 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. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee 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. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 5 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor 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. 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 replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, 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 material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. 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. Exhibit 5 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 5 Page 3 of 3 City of Corpus E Christi City of Corpus Christi, Texas Department of Development Services P.D. Box 9277 Corpus Christi, Texas 78469-9277 (361)826-3240 Located at: 2406 Leopard Street (Confer of Leopard St. and Port Ave.) 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: MPM Development, LP STREET: Po Box 331308 CITY: Corpus Christi FIRM is: ® Corporation ❑ Partnership ❑ Sole Owner ❑ Association 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) ZIP: 78463 ❑ Other 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 "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 NIA 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 CERTIFICATE 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: Mossa (Moses) Mostaghasi Title: General Partner (Print) Signature of Certifying Person: Date: 10-15-18 K:IDEVELOPh1ENTSVCSISHARED.LAND DEVELOPMENP.ORDINANCE ADM1NISTRATIOMAPpI.ICATION FORMSIFORMS AS PER t,ECAL120120ISCLOSLRE OF iNTnRESTS STATEMENT' 27.12.DOC Exhibit 5 Exhibit 6 Page 1 of 2 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. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor, C. "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. d. "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. e. "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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f, "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. K-IDEVELOPMENTSVCSISHAREDILANIJ DEW LOPMENMORDIN.ANCE ADM INISTRATIONIAPPLUCA'I'ION FORMSIPORMS AS PER LEGAL12AI2\DISCLOSURE OF INTERESTS STATEMENT! 27.12.DOC Exhibit 5 Page 2 of 2 Exhibit 6 Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement for Royal Creek Estates Unit 8 City Council Presentation November 27, 2018 Aerial Overview Royal Creek Estates Unit 7 Royal Creek Estates Unit 8 (10.544 Acres) Background • MPM Development, LP. is requesting a reimbursement agreement for the construction of a grid main line in the amount of $ 183,810.74. • 1384 linear feet of 12 -inch waterline extension is proposed with the residential subdivision development. • The proposed 12 -inch waterline extension conforms to the Water Master Plan. Royal Creek Estates Unit 7 Site Plan Royal Creek Estates Unit 8 V 12" Waterline LL v 5s w .�W - anwle Gunn mi SSS h WELSH ENGINNEEERINS .ern 7p.71, fPAL[C ]NPRO E'ENTS TO ROYAL ZREEK ESTATES ul.IT 8 CORPUS CHRISTI. NIECES CO, . To SANITARY SERER AND YATER PUNS PROFILE 4 Staff Recommendation Staff recommends: • Approval of the proposed reimbursement agreement. AGENDA MEMORANDUM First Reading for the City Council Meeting of November 27, 2018 Second Reading for the City Council Meeting of December 4, 2018 DATE: November 27, 2018 TO: Keith Selman, Interim City Manager FROM: Gina Sanchez, Marina Superintendent GinaS@cctexas.com (361) 826-3980 Kim Baker, Assistant Director of Financial Services kimb2@cctexas.com (361) 826-3169 Roof Replacement for Marina Office CAPTION: Ordinance authorizing a two-month service agreement for replacement of the roof at the Marina office with South Texas Metal Roofing, of Corpus Christi, Texas, in the amount of $79,350; appropriating from the Unreserved Fund Balance in the Marina Fund; and amending the budget. PURPOSE: This item is to authorize a service agreement for the roof replacement, appropriate said funds, and amend the budget. BACKGROUND AND FINDINGS: The roof at the Marina Office and Boaters' Facility at the Lawrence Street T -head needs to be replaced due to exterior corrosion on the existing roof. Marina staff are currently housed in this building, and it also functions as a laundry facility, showers, and restrooms for boaters at the Lawrence Street T -head. The Purchasing Division conducted a competitive Request for Bid process to obtain bids from qualified firms to remove the existing roof and install a new Galvalume 24 -gauge steel roof at the Marina Office. The City received two bids for these services; staff concluded the lowest responsive, responsible bidder is South Texas Metal Roofing. Staff recommends award to South Texas Metal Roofing. 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: Municipal Marina FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $79,350.00 $0.00 $0.00 Encumbered / Expended Amount $0.00 $0.00 $0.00 This item $79,350.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Marina Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Service Agreement Bid Tabulation Ordinance authorizing a two-month service agreement for replacement of the roof at the Marina office with South Texas Metal Roofing, of Corpus Christi, Texas, in the amount of $79,350; appropriating from the Unreserved Fund Balance in the Marina Fund; and amending the budget. WHEREAS, Replacement is needed to the roof on the Marina office building; WHEREAS, the City issued Request for Bid No. 1840 ("RFP") on August 27, 2018, requesting bids for the roof replacement work at the Marina office building; and WHEREAS, South Texas Metal Roofing was the lowest responsive bidder and the City Council has determined that it is in the best interest of the City to award the bid to South Texas Metal Roofing; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That funds in the amount of $79,350 are appropriated from the unreserved fund balance in Marina Fund No. 4700 for roof replacement. SECTION 2. That the FY2018-19 operating budget adopted by Ordinance No. 031548 is amended by increasing expenditures by $79,350. SECTION 3. The City Manager, or designee, is authorized to execute a two-month service agreement with South Texas Metal Roofing, of Corpus Christi, Texas, which was the lowest responsive, responsible bidder, in the amount of $79,350. 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 Page 1 of 2 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 SERVICE AGREEMENT NO. 1840 Roof Replacement for Marina Office THIS Roof Replacement for Marina Office Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and South Texas Metal Roofing ("Contractor'), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Roof Replacement for Marina Office in response to Request for Bid/Proposal No. 1840 ("RFB/RFP"), which RFB/REP 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 Roof Replacement for Marina Office ("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 far 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. The total value of this Agreement is not to exceed $79,350.00, 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: Rene Garza Department: Marina Phone: 361-826-3980 Email: ReneGa@cctexas.com 5. insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form 12/15/17 (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Forrn 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, HCA 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: Rene Garza Title: Marina Dock Master Address: 400-A North Shoreline Boulevard, Lawrence Street T --Head, Corpus Christi, Texas 78401 Phone: 361-826-3980 Fax: N/A IF TO CONTRACTOR: South Texas Metal Roofing Attn: Sigifredo Montemayor Title: Owner Address: 2217 Flour Bluff Drive, Corpus Christi, Texas 78418 Phone: 361-937-4600 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 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form 12/15/17 EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form 12/15/17 B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor's bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that if: (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: ,$i(irfeeGO t4ii IWTEN1'I V0k Title: 0 li,/nf tZ Date: - 2 (19- CITY o- CITY OF CORPUS CHRISTI Signature: Printed Name: Kim Baker Title: Assistant Director of Finance Date: - Purchasing Division 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. 1840 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 services to replace the roof at the City of Corpus Christi Marina Office at 400-A North Shoreline Boulevard, Lawrence Street T -head, Corpus Christi, Texas 78401, as outlined in this Scope of Work. 1.2 Scope of Work Contractor shall provide all labor, supervision, transportation, tools, equipment, and materials necessary for roof replacement of approximately 3,000 square feet. All work must be performed in accordance with federal, state, and local codes including but not limited to IBC 2015, IMC 2015, & NEC 2017. The Contractor will perform the following tasks as a minimum to replace the roof: A. Removal and Installation 1. Contractor shall obtain all City required permits through the City Development Services Department prior to beginning work. 2. Contractor shall remove the existing roof covering, drip edges, pipe flashing, and any underlayment to the deck surface of both levels of the roof structure and dispose of these materials. 3. Contractor understands the allowance for unforeseen repairs to the exposed roof deck will be at a cost per square foot at the cost shown in the contract. The allowance is not a guarantee, and any unforeseen repairs must be approved by the Contract Administrator. 4. Top Level: Contractor and Marina Dock Master will inspect the exposed roof deck to determine replacement of sheathing panels and fastening. 1. Where new sheathing installation is required, Contractor shall clean and prepare the deck by removing any materials, nails, or screws to ensure a smooth surface for the new roofing materials. The roof deck must be adequate for the securing of the standing seam roof. 5. Lower Level: Contractor and Marina Dock Master will inspect the exposed roof deck to determine replacement of sheathing panels and fastening. i. Where new sheathing installation is required, Contractor shall clean and prepare the deck by removing any materials, nails, or screws to ensure a smooth surface for the new roofing materials. Contractor and Marina Dock Master will examine where custom formed diverters will be required. ii. Required Membrane Material will be as follows: a. Modified Bitumen Roofing System: two-ply membrane with vapor retardant, granule surface, and base flashing material. b. Cant strips c. Cladding of fascia and drip edge will be 24 -gauge sheet metal in Tahoe Blue or Pacific Blue. Page 1 of 5 6. Breezeway Covering: Contractor and Marina Dock Master will inspect the exposed roof deck to determine replacement of sheathing panels and fastening. i. Where new sheathing installation is required, Contractor shall clean and prepare the deck by removing any materials, nails, or screws to ensure a smooth surface for the new roofing materials. Contractor and Marina Dock Master will determine where custom formed diverters will be required. il. Required Membrane Material will be as follows: a. Modified Bitumen Roofing System: two-ply membrane with vapor retardant, granule surface, and base flashing material. b. Cant strips 7. Contractor shall be responsible for roof protection from fire should torch down material be required. 8. Contractor shall be responsible for roof protection from moisture penetration for the duration of the project. i. Wood sheathing must be completely dry prior to installation. ii. Metal surfaces must be completely cleaned of all potentially corrosive materials before the application of underlayment or the weather barrier. 9. Contractor shall replace all drip edge materials and flashing with new materials of a premium or commercial grade quality. i. Metal products will be replaced with Galvalume 24 -gauge steel in coordinating Tahoe Blue or Pacific Blue. ii. Screws will be galvanized material. iii. Other boots and collars will be replaced with neoprene material. iv. Care must be taken to provide for separation of metal from non- compatible metal or corrosive substrate by either coating surfaces or installing a weather proof barrier. 10. Contractor shall use fusion paint or alternate method approved by Contract Administrator on polyvinyl chloride (PVC) pipe protrusions for ultraviolet (UV) protection. 11. Contractor shall install a high temperature, self -adhering underlayment rated for use with metal roofing. The installed underlayment must be full roof coverage. i. Approved Self -Adhering Underlayment: a. Henry's Blueskin b. Grace High Temperature c. Tamko TW -60 12. Contractor shall install rooting panels, including valleys, copings, edge flashing, and appropriate dips. i. Roofing panels will be as follows a. Galvalume 24 -gauge steel material b. 16" wide panels c. Face Coating Dura Tech 5000 Fluoropolymer (PVDF) Page 2 of 5 d. Kynar 500 or Hylar 5000 resin -base finish for coil coating components containing minimum 70% Fluoropolymer (PVDF) in resin portion of formula e. Thermo cured, ASTM D-5796 f. Approved Models: • Span Seam by AEP -Span, Color: Tahoe Blue • MBCI Standing Seam Roof Panels, LokSeam, Color: Pacific Blue 13. Contractor shall install 4-6 outlets in flat roof for drainage system, including gutter and downspouts. i. Contractor shall use PVC for downspouts. 14. Contractor shall remove old skylight and cap with matching 24 -gauge standing -seam product. 15. Contractor shall install rain detention and diverting features in designated areas using galvanized steel. 16. Contractor shall replace exterior trim to Waste Water Building to create uniformity of buildings. The trim will be the only item replaced on the Waste Water Building, which has an approximate square footage of 25' X 12'. Trim will match the Tahoe Blue or Pacific Blue roofing and be of the same quality and material. B. Inspection 1. Contractor shall be responsible for obtaining the Windstorm Inspection by a Texas -Licensed Engineer, and Contractor shall provide windstorm Certificate of Compliance (WPI -8) to Contract Administrator prior to post -job walkthrough. 2. Contractor shall complete post job walkthrough with Contract Administrator for final acceptance. C. Safety 1. Contractor shall submit a Safety Plan to Contract Administrator for approval prior to beginning work. 2. Contractor shall barricade or place cones around the work area before commencing services. 3. Contractor shall take special measures to safeguard the area while services are being performed_ 4. Contractor shall try to minimize an interference to the building occupants with the day to day operations. Page 3 of 5 5. Contractor shall be responsible for assuring the safety of its employees, City employees, and the public during performance of all services under this contract. 6. Contractor shall follow all safety precaution for the duration of the project. D. Bonds 1. Payment Bond will be required for work over $50K. 2. Performance Bond will be required for work over $100K. 1.3 Work Site and Conditions A. Work will be performed at the City of Corpus Christi Marina located at 400-A North Shoreline Boulevard, Lawrence Street T --head, Corpus Christi, Texas 78401. B. All work performed under this contract will be to the highest industry standards in a professional workmanlike manner. Reference is made to the published recommendations of the National Roofing Contractors Association regarding the general methods and techniques of the project; however, in all cases the manufacturer's installation recommendations shall take priority_ C. All work will be performed Monday through Friday, 8am - 6pm Central Time. D. Contractor shall clean, haul off, and dispose of all job-related debris daily. 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 Project Schedule A. Work will be completed within 30 days of Notice to Proceed. B. Contractor shall submit a Project Schedule to the Contract Administrator for approval prior to beginning work. The Project Schedule will identify Start Date, Permitting, Equipment Delivery Dates, Inspections, and Substantial Completion. 1.6 Warranty A. Contractor shall provide a written warranty guaranteeing that all materials and roof panel will be free from defects for a period of 20 years to include manufacturer warranty. Contractor will provide a one-year warranty for labor. a. Defects of the system include but are not limited to: obvious deterioration of materials, poor workmanship, and water leaking through the roof. b. Poor workmanship includes but is not limited to: open laps, shingle fish mouthing, blisters, loose flashing, voids under system and felts not adhered. B. Warranty period begins upon completion and final acceptance of work by the City of Corpus Christi Marina. Page 4 of 5 C. All products to be furnished shall be new and free from defects. Any warranty issues shall be cured in-place by the Contractor to the satisfaction of the City of Corpus Christi Marina in a prompt and reasonable manner; otherwise the City of Corpus Christi shall reserve the right to repair the equipment and pursue all such costs, including collection expenses against the Contractor as may be allowed by law. Page 5 of 5 Attachment B: Bid/Pricing Schedule 1 CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFs No. 1840 Root Replacement for Marina Office PAGE i Of Authorized Bidder: gn i Ifi'("1 i Q S. 4#Gi t Signature: a- r1c) 1. Refer to "Instructions to Bidders' and Contract Terms and Conditions before completing bid. 2. Quote your best Mice for each tient. 3. In submitting this bid, Bidder certifies that c, the prices in this bid have been arrived at indepaendeniiy, without consultation,. communication, or agreement with any other Bidder or competitor, tar the purpose of restricting competition with regard to prices. b. Rudder is an Equal Opportunity Employer, and the Disclosure of interest information on {iie with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c, Bidder is current wit'n alt taxes due and company is in good standing with all ❑ppiicable aovernrnental agenc es, d, Bidder acknowledges receipt and review at all addenda for this RFB. i Description UNIT QTY Unit Price Total Price .Item j I Remove existing root and ;Install new Gatvatume VI- gauge steel roof at Marino Office including all labor, j supervision, transportation, toots, equipment. and materials as outlined in the Scope of Work Lump Sum 1 $ $ ri` 350. - 2 ! Allowance tar unforeseen ! repairs to exposed roof deck Allowance i $1,000.00 $1.000.00 I j Cost per square toot of ! unforeseen repairs to 1 t exposed roof deck Square Feet NJA TOTAL $ 3 00 . $ 19 3,50 -1 W 3.00 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. 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 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 Chrisfi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 2 of 3 • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non -renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractors 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 Roofing Installation, Maintenance and Repairs 07/13/2018 sw Risk Management Valid Through 12/31/2018 BOND REQUIREMENTS: Payment Bond is required for the full value of the agreement. Page 3 of 3 Attachment D: Warranty Requirements A. Contractor shall provide a written warranty guaranteeing that all materials and roof panel will be free from defects for a period of 20 years to include manufacturer warranty. Contractor will provide a one-year warranty for tabor. a. Defects of the system include but are not limited to: obvious deterioration of materials, poor workmanship, and water leaking through the roof. b. Poor workmanship includes but is not limited to: open laps, shingle fish mouthing, blisters, loose flashing, voids under system and felts not adhered. B. Warranty period begins upon completion and final acceptance of work by the City of Corpus Christi Marina. C. All products to be furnished shall be new and free from defects. Any warranty issues shall be cured in-place by the Contractor to the satisfaction of the City of Corpus Christi Marina in a prompt and reasonable mariner; otherwise the City of Corpus Christi shall reserve the right to repair the equipment and pursue all such costs, including collection expenses against the Contractor as may be allowed by law. Page 1 of 1 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: NICOLE MALAIN BID TABULATION BID NO. 1840 ROOF REPLACEMENT FOR MARINA OFFICE South Texas Metal Roofing Corpus Christi, TX Abba Construction, LLC Laredo, TX ITEM DESCRIPTION UNIT QTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 Remove existing roof and install new Galvalume 24 -gauge steel roof at Marina Office including all labor, supervision, transportation, tools, equipment, and materials as outlined in the Scope of Work LumpSum 1 $ 78,350.00 $ 78,350.00 $ 88,000.00 $ 88,000.00 2 Allowance for unforeseen repairs to exposed roof deck Allowance 1 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 TOTAL $ 79,350.00 TOTAL $ 89,000.00 Cost per square foot of unforeseen repairs to exposed roof deck Square Feet NSA $ 3.00 $ 20.00 AGENDA MEMORANDUM First Reading for the City Council Meeting of November 27, 2018 Second Reading for the City Council Meeting of December 04, 2018 DATE: November 27, 2018 TO: Keith Selman, Interim City Manager FROM: Gina Sanchez, Marina Superintendent GinaS@cctexas.com (361) 826-3983 Kim Baker, Assistant Director of Financial Services Kimb2(a�cctexas.com (361) 826-3169 Repair of Municipal Marina Piers CAPTION: Ordinance authorizing a service agreement for repairs to damaged piers at the Marina with Meeco Sullivan, LLC, of McAlester, Oklahoma, in the amount of $144,019.28; appropriating the funds from the unreserved fund balance of the Marina Fund; and amending the budget. PURPOSE: The purpose of this ordinance is to approve a service agreement for the repair of the Municipal Marina Piers. BACKGROUND AND FINDINGS: Several Municipal Marina piers, including piers C and D, on the Lawrence Street T- Head, and piers E, G and H, on the People's Street T -Head, were damaged in 2017 by Hurricane Harvey. The Contractor, Meeco Sullivan, LLC, will repair the damaged piers with original replacement products. It is important to replace the damaged materials with original products for ease and efficiency of maintenance as well to match appearance. This is a sole source purchase. Meeco Sullivan, LLC is the sole source manufacturer and supplier of the pier and dock materials for the repair of the piers. 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: Municipal Marina FINANCIAL IMPACT: X Operating Revenue Capital Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $144,019.28 $0.00 $144,019.28 Encumbered/Expended Amount $0.00 $0.00 $0.00 This item $144,019.28 $0.00 $144,019.28 BALANCE $0.00 $0.00 $0.00 Fund(s): Marina Funds Comments: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Meeco Sullivan Product Sales and Service Agreement Pricing Sheets Ordinance authorizing a service agreement for repairs to damaged piers and docks at the Marina with Meeco Sullivan, LLC, of McAlester, Oklahoma, in the amount of $144,019.28; appropriating the funds from the unreserved fund balance of the Marina Fund; and amending the budget. WHEREAS, repairs are needed for docks and piers at the Marina due to damage caused by Hurricane Harvey; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (3) in that the procurement is necessary because of unforeseen damage to public property; and WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as the items are available form only one source because of patents, copyrights, secret processed, or natural monopolies. NOW, THEREFORE, BE IT ORDAINED 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. That funds in the amount of $144,019.28 are appropriated from the unreserved fund balance in Marina Fund No. 4700 for purchase of 60 electrical pedestals. SECTION 3. That the FY2018-19 operating budget adopted by Ordinance No. 031548 is amended by increasing expenditures by $144,019.28. SECTION 4. The City Manager, or designee, is authorized to execute a service agreement for repairs to damage piers and docks at the Marina with Meeco Sullivan, LLC, of McAlester, Oklahoma. Page 1 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 (3 MEECO SULLIVAN THE MARINA COMPANY PRODUCT SALES AND SERVICE AGREEMENT 1. Date of Agreement: November 2. 2018 2. Terms of Agreement: This Product Sales and Service Agreement with attached Appendix and Exhibits constitute the entire agreement between Buyer, identified below, and Meeco Sullivan, LLC, Meeco Division, as Seller, for the sale and delivery of Products and the performance of Services with respect to the Project at the Premises. 3. Buyer Information: 3.1. Legal Name: city of Corpus Christi 3.2, Address: Attn: Marin 400A N. Shoreline Blvd. Lawren 51, T -led (Street) Corpus Christi Nueces TKx.ks 78401 (City County State Zip) 3.3. Billing Address (if different from 3.2): Please send a copy to the Marina address above. Attn: Accounts Payable P.O. Box 9277 (Street) Corpus Christi Nueces Texas (City County State 3.4. Phone: 361-826-3980 3.5. fax: 361-883-4778 3.6. E -Mail: ginas(6 cctexas.com 3-7. Buyer's Federal ID It (S5 or EIN): 74-6000574 3,8 Buyer's State ID If: 3.9. Buyer's Type of Organization: Municipal Government 3.10. State in which organized: Texas 3.11. Authorized Representative: Gina Sanchez 3.12. Buyer's Contract/Purchase Order ff. 4. Premises Owner information, if other than Buyer 4,1. Legal Name: 4.2. Address: (Street) (City 4.3. Owner's Type of Organization; 4.4. State in which organized: 4.5. Authorized Representative; County 78469 Zip) State Zip) 8uypr Initials Meeco Sullivan initials - " Page 1. of 11 4.6. Phone: 4.7. Fax: 4.8. E -Mail: 5. The Project: 5.1. The Project is as set forth on the Description of Work, which is attached hereto as Exhibit A and by this reference incorporated herein, and the actual physical location of the Project at the Premises (the Job Site) shall be specified in the Description of Work. The Project is or will be located at the Premises, which is located at the following address (if no address listed, then the Premises is the address set forth in Section 4.2 hereof): 5.2. Address: Corpus Christi Municipal Marina 400A N. Shoreline Blvd., Lawrence St. T -Head (Street) Within City Limits? Corpus Christi Nueces Texas (City County State AYES ONO 78401 Zip) 5.3 The materials, components, product(s) and equipment set forth on the Description of Work are the Products. The services related to the installation and/or assembly of the Products and which the Seller agrees to provide to the Buyer hereunder are the Services. 5.4 Services mea include Delivery to the Job Site, off-loading, Project supervisory activities, and Installation, in each case if elected by the Buyer and set forth in the Description of Work. 6. Project Fee; Terms of Payment: 6.1. The Buyer shall pay Seller a Project fee in an amount equal to $ 144.019.28 for the sale and Delivery of Products and the performance of Services hereunder the (Project Fee). The Project Fee shall include all applicable federal, state, and local sales or use taxes, unless Buyer is entitled to an exemption from any such taxes and an appropriate tax exemption certificate accompanies this Agreement, or is otherwise provided to Seller in a form, and at such time, as is reasonably acceptable to Seller_ The Project Fee shall be payable in accordance with the following payment pan: Payment Event: % of Project Fee Payable Payment Terms: Contract Execution (initial Payment) Upon beginning the Fabrication of Products (Initiation Payment) Upon delivery of the Products to the Premises (Shipment Payment) N/A With submittal of signed Contract. N/A Due upon receipt of invoice. 50% Due upon receipt of invoice. Upon Completion of the Project (Final Payment) 50% Due upon receipt; involved monthly for work completed. 6.2. The Initial Payment, if applicable, must be submitted to Seller with Buyer's executed copy of this Agreement. Other scheduled payments (Initiation Payment, Shipment Payment, and Final Payment) shall be payable at such times as indicated in the payment event chart, above. Any other costs or expenses which are the responsibility of the Buyer under this Agreement (such as costs associated with Change Orders, or the like) will be invoiced to the Buyer and shall be due and payable within ten (10) business days after the invoice date. Payments are not subject to retention, and Payments are subject to the Texas Prompt Payment Act (Chapter 2251 Texas Government Code). 7. Warranties; Disclaimers 7.1. Products and installation Services (which Services, if applicable, shall be specified in the Description of Work) shall be warranted in the manner set forth in Exhibit B to this Agreement. Buyer Initials Meeco Sullivan Initials. t J Page 2 of 11 7.2. Certain Products carry separate manufacturer warranties. Copies of separate manufacturer warranties for applicable Products will be provided to the Buyer in conjunction with the delivery of a final invoice to the Buyer. Although Seller shall not be obligated to satisfy warranty obligations for Products which are subject to separate manufacturer warranties, all claims under such warranties must be submitted to the Seller, and, if so submitted, Seller shall assist Buyer with the assertion and satisfactory resolution of any warranty claims with the manufacturer of such Products. 7.3. Seller has been notified that certain chemicals used in wood treatment processes are known to cause cancer. If the Products include treated wood products, Seller expressly disclaims any obligation or liability therefor. 8. Notices All legal notices and other formal communications under this Agreement shall be in writing and sufficiently given if (i) personally delivered to the addressee; (ii) delivered by nationally recognized overnight courier service evidencing written receipt of delivery; (iii) mailed by U.S. Certified mail, return receipt requested, postage paid; (iv) by facsimile or via email transmission with subsequent confirmation by delivery in any manner preaiousiy mentioned, addressed to the Buyer(to the attention of the Authorized Representative) at the address set forth in Section 3, above, and addressed to the Seller at the following address and to the attention of the following Authorized Representative: Meeco Sullivan, LLC 1501 E. Electric Avenue McAlester, OK 74501 ATTN: Dan Adams, Authorized Representative Fax: (918) 423-3215 Email: CustornerPortalerneecosullivan.com roved as to f0, : t fir Assistant City Attorney For City Attorney 9. Insurance: Before performance can begin under this agreement, seller must deliver a certificate of insurance ("COI"), as proof of the required Insurance coverage, to the buyer. Additionally, the COI must state that buyer 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. Buyer 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 Exhibit C, the content of which is incorporated by reference into this agreement as if fully set out here in its entirety. This Agreement is entered into as of the date set forth in Section 1, above. Seller: M Sull�iv n \LLC Suver. Corpus Christi Municipal Marina Signature: Name: Title: Date: Va rf- es) n . OC [C. Signature: -- Name: Title: Date: 10. Non -Appropriation: The Continuation of this agreement after the close of any fiscal year of buyer, which fiscal year ends on September 30t annually, is subject to appropriations and budget approval specificly covering this agreement as an expenditure in said budget, and it is within the sole discretion of buyer's city council to determine weather or not to fund this agreement. Buyer 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. Verification Regarding Israel: In accordance with Chapter 2270, Texas Government Code, buyer 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 seller verifies that the company does not boycott Israel and will not boycott Israel during the term of this agreement. Buyer Initials Meeco Sullivan Initials— Page 3 of 11 Exhibit A Corpus Christi Municipal Marina 400A North Shoreline, Lawrence St. T -Head Corpus Christi, TX 78401 Description of Work Miscellaneous Repairs to The Following Docks Per Exhibit A Pagc2: Dock C and D Dock E Dock Gand 11 Description of Materials 9" Atlantic System - Laminated beams Unique design creates unparalleled strength, stability and durability Superior frame strength requires less piling than other systems Largest utility chase in the industry -easy installation and accessibility [pe Decking Deluxe hardwood, natural resistance to decay eliminates the need for Treatment, long lasting and low maintenance. Attached to frame on 2' maximum spans Polyethylene Floats Shell: Roto -molded polyethylene, resistant to marine life and petroleuan Core: Expanded polystyrene block is molded inside the shell. Shell thickness shall be .150 inches ARM STD 1/-20%. Firmly bolted to the frame Pile Anchorage System Pile guides supplied by Meeco Sullivan, LLC Piles provided by Buyer lumpering/Fenderi ng Single row 2" x 6" treated Southern Yellow Pine sidewood on perimeter Black flat 85007 vinyl bumper on perimeter attached with stainless steel staples Black 6" corer bumpers Mooring Devices 12" Aluminum deck cleats Buyer Initials Meeco Sullivan initials- = Page 4 of 11 Dock C and D 1) Remove and Replace (12) 12" aluminum deck cleats 2) Remove and Replace (4) outside mount pile brackets, and (3) inside mount pile brackets 3) Remove and replace (2) 3' x 40' finger made to match up to Tidemaster Docks. Wants Atlantic Docks made with plywood on bottom of linger. 4) Total of (6) fingers listing, crew to lift deck (SYP) and either tighten bolts, replace clips, or drop concrete/ sand bags to even out. Dock E 1) Remove glue from finger where we did repairs to beam on dock. 2) Replace 100' of fiat vinyl bumper missing from dock. 3) Remove and Replace (12) 15" aluminum deck cleats along headpier 4) Remove and Replace (10) 12" aluminum S deck cleats 4) Repair damaged headpier beam 8' wide 5) Remove and Replace (20) 1" x 6" x 8' pieces of damaged IPfi decking 6) Remove and Replace (20) 1 x 6" x 6' pieces of damaged IPE decking 7) Remove and Replace (9) pile brackets 8) Provide (1) box of staples for re -stapling loose vinyl (to be used on all of docks) by Corpus Christi Marina employees 9) Total of (4) fingers listing, crew to lift deck (SYP) and either tighten bolts, replace clips, or drop concrete/ sand bags to even out Docks C and 1H 1) Total oI'(4) fingers on Dock G and (4) fingers listing on Dock 1.1. Need to look at floats, adjust as necessary. One of the lingers as much as 4 '/2" listing Need to be prepared to move floats, add concrete, and check finger bolted connections. 2) Total of (4) locations on Dock G and (4) locations on Dock 1.1 with the headpiers raised higher than the fingers. Need to be prepared to move floats, add concrete, and check finger/headpier bolted connections. items [Deluded: Total, including materials, freight, offloading, and installation Items Nol Included: Engineer stamped plans, utilities, permits, or fees, and all applicable tax Ninety (90) day repair warranty applies Any additional damage discovered while performing this work or prior to completing this work shall result in a Change Order to be executed prior to commencement of additional work or continuation of a Sales Agreement. Does not include any demolition or disposal of existing docks. Buyer Initials Page 5 of 11 Meeco 5ulfvan lnitials� EXHIBIT 13 Warranties a. Warranty for Services If the Seller is performing Installation Services (which Services, if applicable, shall be specified in the Description of Work), Seller warrants that such installation Services will be of good quality, free from defects in workmanship, and in conformance with the Description of Work for a period of ninety (90) daysfrom the date of Completion. In the event of a claim under this warranty, Seller w=11 re -perform the applicable installation Services during normal business hours at no additional cost to the Buyer; provided that the Seller Is notified of any suchdefective installation within fifteen (15) days after such defect is discovered- Backcharges for corrective work performed by Buyer will not be honored without Seller's prior written consent; Seller's warranty obligations for Installation Services are as specifically set forth in this Exhibit. b. Products not subject to Separate Manufacturer Warranty Seller is providing repair service labor to perform the services listed above.Seller warrants that such repair service shal be free from defects in workmanship for a period of ninety (901 days from completion of work, subject to the conditions set forth below or as otherwise set forth in the Product Sales and Service Agreement executed between the Seller and the Buyer. The warranty set forth above is subject to the following conditions: 1. Any unauthorized modifications to the Products shall invalidate this warranty. 2. If a Product has been subject to improper care, improper use, abuse, misuse, or has otherwise not been properly maintained, the Seller may revoke all or any portion of the warranties provided under this Agreement at any time during the warranty period. 3. This warranty will not apply to damage caused by conditions such as "acts of God" which exceed a Product's design specifications. 4. Seller may, in lieu of repair or replacement of a Product subject to this warranty, pay the Buyer an amount equal to the cost of either the repair or replacement of the Product(s) for which a warranty claim is applicable. c. Bonded Project Warranty For bonded Projects, the warranty for Installation Services and Products not subject to a separate manufacturer warranty as set forth in Subsections a. and b., above shall be a period of one (1) year from the Date of Completion. d. Products subject to Separate Manufacturer Warranty The following Products may be subject to separate manufacturer warranties: Flotation devices; Concrete Deck Panels; Wave attenuators; Panel coating materials. Copies of such warranties will be provided to the Buyer in conjunction with the delivery of a final invoice to the Buyer. All claims under such warranties must be submitted to the Seller, and, if so submitted, Seller shall assist Buyer with the assertion and satisfactory resolution of any warranty claims with the manufacturer of such Products EXCEPT A5 SPECIFICALLY SET FORTH HEREIN OR IN THE PRODUCT SALES AND SERVICE AGREEMENT BETWEEN THE SELLER AND THE BUYER, NEITHER SELLER NOR MANUFACTURER MAKES ANY OTHER WARRANTY OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED; AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE ARE HEREBY DISCLAIMED AND EXCLUDED FROM THIS AGREEMENT. IN NO EVENT SHALL SELLER OR MANUFACTURER BE LIABLE FOR ANY LOSS OF USE, COST, FEES OR ANY LIABILITY FOR DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES OR DELAYS. Buyer Initials Meeco Sullivan Initla)s Page 6 of 11 EXHIBIT 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. 13. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of cancellation, non- renewal, material change, or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY Including: 1. Commercial Broad Form 2. Premises —Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2. Hired and Non•Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500p00/$500,000 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of a I 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. Buyer Initials Meeco Sullivan Initials-- 9 Page 7 of 11. 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, allinsurance 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, nonrenewal, 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(sj 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 noncontributory 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. Buyer Initials Page 8 of 11 Meeco Sullivan initials Appendix A— Additional Terms and Conditions 1. Protect Responsibilities: 1.1. Whether or not the Sealer provides Project supervisory or Installation Sery ces hereunder (which Serv.ces, if appicable, sha l be specified in the Description of Work), Buyer shali be solely responsible for the following with respect to the Project al the Premises: 1.1.1. All applicable governmental approvals and permits (arid payment of all associated fees therefor) necessary for execution and completion of the Project at Ihe Prem ses. Such permits sha?I include, but not be limited lo federal, state or local building permils, permission for Ihe use of public areas in connection with the Project, and the like. 1.1.2. If Seller is performing Installation Services (which Services .1 applicable, shall be specifed in the Description of Work), Buyer shall provide Seiler (al Buyer's expense) with such Project information as the Seller may delermine to be reasonably necessary, Including without limitation, a site survey to detail the Project Job Sile, a bathymetric study, soil reports water reports, subsurface reports, zoning andlor other legal timitalion information or confirmations. AI. such information shall be provided at or before the commencement of installation Services, or at such other time as the Seiler and Buyer shall reasonably agree. 1.1.3. If Seller is performing Installation Sery ces (which Services, if applicable, shall be specified in the Description of Work). the Buyer is solely responsible for making all utilities available to the Seller that Seller deems necessary for performing installation Services. The Sel'er is not responsible for installing or disconnecting such uhlilies, or performing any other work regarding ut;;ities. 1.1.4. Buyer shall designate and provide a stagingllaunch area(s) that is adequate in size and reasonably acceptable to Seller for. (1) unloading and storage of Products; and (2) ready access to the Job Site for Installation of the Products. The staging/launch area shall be identified and designated prior to Shipment, and must, al a minimum, be sufficient to support an eighteen -wheel semi-truck/trailer, an ail -terrain fork'.ift, a crane andlor a winch (ruck. Seller will not be responsible for normal wear and tear on the staging launch area ('normal wear and tear' being defined as wear and tear consistent with and reasonably consistent with the scope and magnitude of the Project, the de'ivery and movement and Producls, and the performance of the Services, associated therewith). An acceptable slagingllaunch area(s) must be secured prior to Delivery. 1.2. If Seller is performing Installation Services (which Services: 4 applicable, shall be specified in the Description of Work) Seller shall be responsible for the following with respect to the Protect at the Premises: 1.2.1 Maintain for the duration of the Project the following insurance coverage: in accordance with Exhibit C. Such insurance coverage will begin on Shipment and shall remain n force unlit Completion. 1.2.2. Supervise and coordinate all adv lies al, upon and in connection with the Project and lhePremises, {nctudtng: (a) equipment storage at, andlor staging to the Project. and (b) keeping the Project stagngllaunch area and Job Sile free from accumulation of packing malerial or rubbish caused by Ihe performance of instal'aFon Services and for the removal and lawful off-site disposal of all debris and excess materials. 1.2 3. Subject to and in reliance upon Buyer's compliance with the provisions of Section 1.1 of this Agreement. Seller shall be obligated to perform the Inslallation Services in accordance w'.lh applicable federal, slate, or local laws, rules, regulations, and codes. 1.3. If Seller is arranging the Shipment and Delivery of the Products (which Services, if applicable, shall be specified in the Description of Work) Seller shall be responsible for arranging the Shipment and Delivery of the Products to the staging/launch area al the Premises. 2. Change Orders; Delays 2.1. The Seller or Buyer may. by Change Order, make changes to the Project wilh;n the general mope of this Agreement. Any Change Order must be submitted to the other party for its approval Once the Change Order is approved by both parties the Project Fee and the projected dale for Comple.ion shall be equitably adjusted. Any charges or credits that resull from a Change Order's equitable adjustment shall be subject to the terms of Payment set forth In 5 6 of this Agreement. 2 2 Any modification by Ihe Buyer after Shipment that alters the Project from what is specified in this Agreement without approval of the Sel.er may, in the reasonable determination of the Seller, result in additional costs that will be borne by the Buyer and will be evidenced by Change Order. 2.3. if the Seller is performing Insta tat on Services (which Services, if applicable, shall be seeded 11 the Description of Work) and if concealed conditions are encountered during installation that: (a) are below the surface of the ground andlor body of wale; (bj vary from the conditions described by the Desaiplion of Work and its specificalions; (c) vary from Premises information furnished by the Buyer pursuant to Section 1,1 of this Agreement or (d) vary from any other information furnished by the Buyer, then, within a reasonable time after the first observance of the conditions, the Project Fee and the anticipated dale of Completion may be equitably adjusted by Change Order. 2 4. If Seller is arranging the Shipment and Delvery of the Produces (which Services, if applicable, shall be specified in the Description oI Work), Seller will expend reasonable commercial efforts to Deliver the Producls, and 4 the Setler is performing Installation Services (which Services, if applicable, shall be spec fled in the Description of Work) to complete the Project, all as specified in the Description of Work. However, Seller will not be considered to be in breach of this Agreement ii circumstances beyond its control, including but nol limited to an ad of God or concealed conditions at the Premises, prohibit Seller from performing Services in the manner and time period specified in the Description of Work. If the Buyer has caused completion of the Project Io be delayed beyond 30 days after the anticipated date of Completion, , the Project Fee and the anticipated date of Completion shall be equitab;y adjusted by Change Oder. 3. Retention of Title: 31. Seller retains lisle in all Products Seller provides to Buyer pursuant to this Agreement and the Description of Work and all other plans, drawings and written items produced as a part of the Services (all such items are Collateral) unlit the final payment :s paid in full. Buyer Initial Meeco Sullivan Initials' Page 9of 11 4. Governing Law; Dispute Resolution; Damages 4.1. The Agreement shall be governed by and construed under the law of the State of Texas, without regard to conflict of law provisions. 4 2 to the event of a dispute rising under this Agreement or any Services performed or not performed hereunder, the parties agree to attempt to resolve such dispute(s) as follows: first, by a meeting of applicable representatives of Buyer and Seller, such meeting to be held within three (3) days after the written demand for any such meeting by either Buyer or Seller, and such meeting shall be held al a time and location selected by the party receiving such nohce 4.3 Except as otherwise expressly provided in This agreement Buyer and Seller agree to waive alt claims for any consequential damages that may arise out of or relate to this Agreement, including but not limited to any loss of business, principal office overhead and expenses, loss of profits not related to this Agreement, or loss of repute! on. This provision shall also apply to the termination of the Agreement and shall survive termination 5. Miscellaneous 51, By their respective execution of this Agreement, each of Buyer and Seller represent and warrant to the other that (a) They are each duly organized and validly existing under the laws of Their slate of organization that this Agreement has been duh and validly authorized and approved by all appropriate entity action, and that they have full power and authority to enter into this Agreement and to perforin their obligations hereunder; (bj that this Agreement does not violate the terms oI conditions of any contract, statute, or law applicable to them; and (c) that This Agreement, as executed, is a valid and binding agreement unto them, and is enforceable in accordance with its terms. 5 2 This Agreement embodies the entire agreement and understanding between the parties hereto relating to the subject matter hereol and supersedes any prior agreements and understandings relating to the subject matter hereof. Buyer has not reied upon any promise, warranty or representation, either oral or written, of Seller, other than as stated in this Agreement. Seller has not relied upon any promise, warranty Of representation, either oral or written, of Buyer, other than as stated in this Agreement. No course of pr'ar dealings between the Buyer and the Seller shall apply Prior to execution by the Buyer. this Agreement constitutes an offer to sell Products and to perform Services pursuant to the specific terms and conditions of This Agreement. Seller specifically rejects any different or additional terms that may have been previously discussed or proposed by the parties, are now or hereafter proposed by Buyer, or are contained in Buyer's purchase order, order confirmation or any other docrsnents submitted by Buyer Buyer agrees that by instructing Seller to proceed with the fabrication of Products or provision of Services as contemplated inthis Agreement, it accepts Setter's offer pursuant to the terms of the this Agreement, and agrees that this Agreement constitutes the entire agreement of lie Parties, and acknowledges that any additional or different terms, condtions, agreements, or understandings that have been discussed by the parties or contained in Buyers purchase order, order confirmation, prelim nary budget. or any other documents submitted by Buyer to Seiler, or by Seller to Buyer, are not part of the parties' agreement. 5 3. This Agreement may be executed in two or more counterparts, each of which is an original, and it will not be necessary in making proof of this Agreement or t; -;e terms of this Agreement to produce or account for more than one of such counterparts, provided that the counterpart produced bears the signature of the party sought 10 be bound Delivery of the executed signature pages by electronic or facsimile transaction constitutes effective and binding execution and delivery of this Agreement. 5.4 This Agreement may be amended, modified or superseded, and any of the terms, covenants, representations, warranties or conditions hereof may be waived, but or'ly by a written instrument executed by each party hereto. No waiver of any nature, in any one or more instances, shall be deemed to be or construed as a further or continued waiver of any condition or any breach of any other term covenant, representation or warranty In this Agreement 5.5. The parties do not intend the benefits of this Agreement to inure to any Third party, and nothing contained herein shall be construed as creating any right, claim or cause of action in favor of any such third party against either of the parties hereto, The terms and conditions of this Agreement, particularly the pricing and payment terms, are coifrdential and proprietary information of Seiler. By its receipt and review of this Agreement, Buyer acknowledges and agrees That i1 shall be held in confidence and shall nol be disclosed to any third party without the prior written consent oI Seller, and shall only use such information for the purpose oI the Project and for not further purposes 5.6 If any p;ovis+on of This Agreement is hed to be illega', invalid or unenforceable under present or future laws effective during the effective period of this Agreement such provision shall be fully severable, this Agreement shall be construed andenforced as if such illegal, invalid or unenforceable provision had never comprised a part of this Agreement and the remaining provisions of This Agreement shall remain in full force and effect and shalt not be affected by the t;legat, invaid or unenforceable provision or by its severance from this Agreement, Seller acknowledges that buyer is a government entity subject to the Texas Public Information Act Reease of inlormalion in accordance with Texas Public Information Act is not violation of this agreement 5 7 This Agreement sha'I be biiding upon and inure to the benefit of the parties hereto and ihei respective successors and assigns. 5.8 The section headings contained in this Agreement are inserted for convenience of reference only and shall not affect the meaning or interpretation of this Agreement. Buyer Initials Meeco Sullivan Initials Page 10 of 11 5.9. Should Seller be delayed in the performance of Its obligations hereunder as a result of a force majeure, such as fire, strike accident unanticipated intervention of governmental authorities or application of law, rule or regulat>on, unusual weather, inability to procure necessary goods or services which have been timely ordered, or other matters beyond the reasonable control of Seller, Seller shill not be liable for damages to Buyer for the delays so caused In the event that Seller experiences an event of force majeure, it shall take every reasonat>!e step to mitigate the effects of such event upon the timely performance of its oixigations under this Agreement For excusable delays in the performance of its obligations hereunder as described above, Seller and Buyer shall execute an amendment to this Agreement reflecting an equ table adjustment to the terms and conditions set forth herein. 6. Definitions: The following definitions shall apply to capitalized terms not otherwise defined in this Agreement 6 I. Authorized Representative shall mean the person delegated by the Parties to enter nto and administer this Agreement. The Authorized Representative of the Buyer is 'dent lied in Section 3 of this Agreement, and the Authorized Representative of the Seller is identified in Section 7 of this Agreement 6 2. Change Order shall mean a wrlten document That dela Is the scope and cost of the de4red changes which is entered into in accordance with this Agreement and approved by signature of both Buyer and Seller. 6 3. Completion shall mean shall mean the later of (i) the Det,very of the Products to the Premises; or (it) it Seller is performing installation Services (which Services, f appl:able, shall be specified in the Descripfon of Work). then (A) the date that the Buyer and Seller execute a certificate of Completion (Certificate of Completion' whereby they each certify that, subject la 'items on the Punch List, the installation of the Project is sufficiently complete in accordance with the Descripl'on of Work so that the Buyer can occupy, take possession or utilize the Project for the purpose for which it is Mended, or (B) if a Certificate of Completion is not prepared, the date that a fnal invoice s transmitted from Seller to Buyer. 6.4. Delivery or Delivered shall mean the physical de ivery of the Products ident;fied .n the Desaiption of Work If Delivery is induded in Description of Work, the Seller shall arrange to have the Products shipped to the stagingllaunch area al the Premises FOB. IF Delivery is not induded in the Descnption of Work, then the Buyer shall accept the Products at the load'ng dock of the Seller's manufacturing facility (or, as applicable, the loading dock of a third party manufacturing facility), FOB Title and risk of loss to the Products shall pass to Buyer upon Delivery 6.5. Fabrication shall mean the manufacture of Products at the Se'Ier's manufacturing facility (ar, as applicable, the manufacture of Products at a third party manufacturer) Fabrication shall begin alter (i) Seller is in receipt of this Agreement, executed by Buyer; (ii) Seller is in receipt of Buyer's In t!at Payment, if required, (iii) Seller has confirmed Buyer's credit approval; and (iv) Seller is in receipt of drawings 'approved and signed by Buyer. 6.6. Installation shall mean assembly of Produces al the Job Site in accordance with the Description of Work, subject to revisions and Change Orders in accordance with this Agreement. 6.7. Punch List shall mean a list of items That need to be accomplished to fully implement the Description of Work which is included as a part of the Certificate of Completion, 6.8 Shipment, if included in the Descripl on of Work, shat. mean initialing the transportaton of the Products by the Seiler to the staging/launch area al the Premises. 6.9 All other capitalized terms, not otherwise defined in th s Sedan 6 shall have the definitions given them in the paragraph in which they fust appear in Ih;s Agreement, or, if not defined herein, shat have the meaning set forth in the Uniform Commercial Code as adopted in the State of Texas Buyer Initials Page 11 of 11 Meeco Sullivan Initials -...70 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: JOHN ELIZONDO PRICE SHEET Repair of Municipal Marina Pier Total Price $144,019.28 Meeco Sullivan, LLC of McAlester, Oklahoma ITEM DESCRIPTION UNIT UNIT PRICE EXTENDED PRICE 1 Supply and installation of materials for repair of the Corpus Christi Municipal Marina Pier. Materials include but are not limited to Atlantic system laminated beams, Ipe decking, polyethylene floats, pile anchorage system, bumpering/fendering and mooring devices. 1 $144,019.28 $144,019.28 Total Price $144,019.28 AGENDA MEMORANDUM First Reading for the City Council Meeting of November 27, 2018 Second Reading for the City Council Meeting of December 04, 2018 DATE: November 27, 2018 TO: Keith Selman, Interim City Manager FROM: Gina Sanchez, Marina Superintendent GinaS@cctexas.com (361) 826-3983 Kim Baker, Assistant Director of Financial Services Kimb2(a�cctexas.com (361) 826-3169 Electrical Pedestals for the Repair of the Municipal Marina Morf Pier CAPTION: Ordinance authorizing the purchase of 60 electrical pedestals for Morf Pier from HydroHoist Marine Group, dba HyPower, of Claremore, Oklahoma, in the amount of $51,325.42; appropriating the funds from the unreserved fund balance of the Marina Fund; and amending the budget. PURPOSE: The purpose of this ordinance is to approve the purchase of electrical pedestals for the repair of the Municipal Marina Morf Pier. BACKGROUND AND FINDINGS: The Municipal Marina Morf Pier located on Coopers Alley L -Head was damaged in 2017 by Hurricane Harvey. The insurance claim funds for the damages to the Morf Pier recently became available. Marina staff will replace the damaged electrical pedestals with original replacement products which are designed with the greatest durability for a highly corrosive environment. It is important to replace the damaged pedestals with original products for ease and efficiency of maintenance as well to match appearance. This is a sole source purchase. HyPower, a division of HydroHoist Marine Group Inc., is the sole source manufacturer and supplier of the existing electrical pedestals. 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: Municipal Marina FINANCIAL IMPACT: X Operating Revenue Capital Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $51,325.42 $0.00 $51,325.42 Encumbered/Expended Amount $0.00 $0.00 $0.00 This item $51,325.42 $0.00 $51,325.42 BALANCE $0.00 $0.00 $0.00 Fund(s): Marina Funds Comments: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Price Sheets Ordinance authorizing the purchase of 60 electrical pedestals for Morf Pier from HydroHoist Marine Group, dba HyPower, of Claremore, Oklahoma, in the amount of $51,325.42; appropriating the funds from the unreserved fund balance of the Marina Fund; and amending the budget. WHEREAS, 60 electrical pedestals are needed for the Marina to repair damage to Morf Pier caused by Hurricane Harvey; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (3) in that the procurement is necessary because of unforeseen damage to public property; and WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as the items are available form only one source because of patents, copyrights, secret processed, or natural monopolies. NOW, THEREFORE, BE IT ORDAINED 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. That funds in the amount of $51,325.42 are appropriated from the unreserved fund balance in Marina Fund No. 4700 for purchase of 60 electrical pedestals. SECTION 3. That the FY2018-19 operating budget adopted by Ordinance No. 031548 is amended by increasing expenditures by $51,325.42. SECTION 4. The City Manager, or designee, is authorized to execute any documents necessary for the purchase of 60 electrical pedestals for Morf Pier from HydroHoist Marine Group, dba HyPower, of Claremore, Oklahoma. Page 1 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION SR. BUYER: JOHN ELIZONDO Price Sheet ELECTRICAL PEDESTALS FOR THE MUNICIPAL MARINA PIER HydroHoist Marine Group, dba HyPower, of Claremore, Oklahoma Line Unit / Part Options Description / Selected Options Qty Unit Price (ea.) Our Price (ea.) Total Investment 1 EnergyMate Panel: Choices Lens: Marine 30A 125V (1) Meter Clear 60 $ 592.50 $ 444.38 $ 26,662.50 2 2254000 HydroLocker - Granite White 60 $ 475.00 $ 356.25 $ 21,375.00 3 80000913 HydroLocker/EnergyMate Mounting Kit - Attach EnergyMate to HydroLocker 60 $ 11.00 $ $ Investment Sub -Total $ 48,037.50 Sales taxes not applicable $ - * Shipping/Handling estimate (FOB Claremore OK) to ZIP1 78401* - $ 3,287.92 TOTAL $ 51,325.42 AGENDA MEMORANDUM First Reading for the City Council Meeting of November 27, 2018 Second Reading for the City Council Meeting of December 04, 2018 DATE: November 27, 2018 TO: Keith Selman, Interim City Manager FROM: Gina Sanchez, Marina Superintendent GinaScctexas.com (361) 826-3983 Kim Baker, Assistant Director of Financial Services Kimb2cctexas.com (361) 826-3169 Materials for Repair of Municipal Marina Morf Pier CAPTION: Ordinance authorizing the purchase of dock materials for Morf Pier from Meeco Sullivan, LLC, of McAlester, Oklahoma, in the amount of $320,037; appropriating the funds from the unreserved fund balance of the Marina Fund; and amending the budget. PURPOSE: The purpose of this ordinance is to approve the purchase of replacement dock materials for the repair of the Municipal Marina Morf Pier. BACKGROUND AND FINDINGS: The Municipal Marina Morf Pier located on Coopers Alley L -Head was damaged in 2017 by Hurricane Harvey. The insurance claim funds for the damages to the Morf Pier recently became available. Marina staff will replace the damaged sections of the Morf Pier with original replacement products. It is important to replace the damaged materials with original products for ease and efficiency of maintenance as well to match appearance. This is a sole source purchase. Meeco Sullivan, LLC is the sole source manufacturer and supplier of the dock materials for the repair of the Morf Pier. 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: Municipal Marina FINANCIAL IMPACT: X Operating Revenue Capital Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $320,037.00 $0.00 $0.00 Encumbered/Expended Amount $0.00 $0.00 $0.00 This item $320,037.00 $0.00 $0.00 BALANCE $0.00 $0.00 $0.00 Fund(s): Marina Fund Comments: RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Price Sheets Ordinance authorizing the purchase of dock materials for Morf Pier from Meeco Sullivan, LLC, of McAlester, Oklahoma, in the amount of $320,037; appropriating the funds from the unreserved fund balance of the Marina Fund; and amending the budget. WHEREAS, dock materials are needed for the Marina to repair damage to Morf Pier caused by Hurricane Harvey; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (3) in that the procurement is necessary because of unforeseen damage to public property; and WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as the items are available form only one source because of patents, copyrights, secret processed, or natural monopolies. NOW, THEREFORE, BE IT ORDAINED 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. That funds in the amount of $320,037 are appropriated from the unreserved fund balance in Marina Fund No. 4700 for purchase of 60 electrical pedestals. SECTION 3. That the FY2018-19 operating budget adopted by Ordinance No. 031548 is amended by increasing expenditures by $320,037. SECTION 4. The City Manager, or designee, is authorized to execute any documents necessary for the purchase of dock materials for Morf Pier from Meeco Sullivan, LLC, of McAlester, Oklahoma. Page 1 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Everett Roy Paulette Guajardo Lucy Rubio Michael Hunter Greg Smith Debbie Lindsey -Opel PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: JOHN ELIZONDO PRICE SHEET Dock Materials for Municipal Marina Morf Pier Total Price $320,037 Meeco Sullivan, LLC of McAlester, Oklahoma ITEM DESCRIPTION UNIT UNIT PRICE EXTENDED PRICE 1 Dock materials for Corpus Christi Municipal Marina Pier. Materials include but are not limited to Atlantic system laminated beams, concrete decking, composite decking (cornerwalks only), polyethylene floats, pile anchorage system, bumpering/fendering, mooring devices and gangway. Items include materials, engineer stamped plans and freight. 1 $320,037 $320,037 Total Price $320,037 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 27, 2018 Action Item for the City Council Meeting of December 4, 2018 DATE: November 7, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo -Trevino, Assistant City Manger FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Transfer of Unspent Funds from Capital Budget to the General Fund CAPTION: Ordinance transferring $88,459.57 from the unspent project balance in the Parks and Recreation Capital Improvement Program Fund No. 3280 to General Fund No. 1020 for unexpended renovation/repair funds from the T.C. Ayers Pool project; and amending the operating budget. PURPOSE: On March 28, 2017, the City Council approved a transfer of $712,558 from the General Fund's unreserved fund balance to a Parks and Recreation CIP fund for the renovations and repairs of TC Ayers Pool. The project has since been completed and $88,459.57 remains unspent. The purpose of this agenda item is to transfer the unspent funds back to the General Fund. BACKGROUND AND FINDINGS: On March 28, 2017, the City Council approve Ordinance No. 031104 to amend the FY2017 CIP Budget to add a project for TC Ayers Pool Improvements. The ordinance also transferred and appropriated money to fund this project. The source of the funds was the General Fund's unreserved fund balance in the amount of $712,558. The project has been completed and $88,459.57 remains unspent in the Parks and Recreation CIP Fund 3280, Project T17021. This agenda item is needed to transfer the funds back to the unreserved fund balance of the originating fund: the General Fund. ALTERNATIVES: Leave the unspent funds in the Parks and Recreation CIP Fund. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: Not applicable DEPARTMENTAL CLEARANCES: • Office of Management and Budget • City Attorney's Office FINANCIAL IMPACT: ❑ Not Applicable ❑ Operating Expense x Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - Encumbered/Expended amount of (date) -- - - This item - $ 88,459.57 $ - $ 88,459.57 BALANCE - $ 88,459.57 $ - $ 88,459.57 FUND(S): 1020 "General Fund" COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance transferring $88,459.57 from the unspent project balance in Parks and Recreation Capital Improvement Program Fund No. 3280 to General Fund No. 1020 for unexpended renovation/repair funds from the T.C. Ayers Pool project; and amending the operating budget. WHEREAS, on March 28, 2017, the City Council passed Ordinance No. 031104 to appropriate and transfer $712,558 from the unreserved fund balance in General Fund No. 1020 to the Parks and Recreation Capital Improvement Program (CIP) Fund No. 3280, Project T17021, to complete renovations and repairs to the T.C. Ayers Pool; the renovation/repair project has been completed; and the remaining unspent funds are being transferred back to the General Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $88,459.57 are transferred from the unspent project balance in Parks and Recreation CIP Fund No. 3280 to General Fund No. 1020. Additionally, the FY2019 Operating Budget, adopted by Ordinance No. 031548, is amended to increase revenues $88,459.57. 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 Greg Smith Paulette Guajardo Everett Roy Michael Hunter (vacant) Debbie Lindsey -Opel The foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Ben Molina Rudy Garza Greg Smith Paulette Guajardo Everett Roy Michael Hunter (vacant) Debbie Lindsey -Opel PASSED AND APPROVED this the day of , 2018 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Joe McComb Mayor AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 27, 2018 Second Reading Ordinance for the City Council Meeting of December 4, 2018 DATE: November 14, 2018 TO: Honorable Mayor and City Council CC: Keith Selman, Interim City Manager FROM: Kimberly L. Houston, Interim City Auditor kimberlyh(c�cctexas.com 361-826-3661 Approval of 2019 Annual Audit Plan CAPTION: Ordinance to approve the 2019 Annual Audit Plan PURPOSE: To request approval of the 2019 Annual Audit Plan by City Council in accordance with Code of Ordinance Chapter 12 % City Auditor. BACKGROUND: In developing this audit plan, the City Auditor's Office sought input from the Mayor, City Council, City Manager, executive team, and department directors. We developed this plan based on areas considered to be of highest risk to the City. Chapter 121/2 Section 2(h) of the City Code of Ordinance requires the City Auditor to submit an annual audit plan to the Audit Committee for review and comment prior to submitting to the full City Council for approval. The proposed audit plan was approved by the Audit Committee on November 13, 2018. ALTERNATIVES: City Council could revise this plan by adding or removing audit projects. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: Conformance with City Code of Ordinance Chapter 12 1/2 City Auditor EMERGENCY / NON -EMERGENCY: Non -Emergency two readings DEPARTMENTAL CLEARANCES: Audit Committee 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: RECOMMENDATION: Approval of Ordinance as presented LIST OF SUPPORTING DOCUMENTS: Ordinance to approve the 2019 Annual Audit Plan Exhibit A — 2019 Annual Audit Plan Ordinance to Approve the 2019 Annual Audit Plan. Whereas, Section 12 1/2 -2 (h) (1) of the City Code of Ordinances requires that no less than thirty (30) days prior to the beginning of each calendar year, the City Auditor shall submit an Annual Audit Plan to the City Council through the Council Audit Committee for review and comment; Whereas, the City Council Audit Committee reviewed and approved the 2019 Annual Audit Plan at its meeting on November 13, 2018; Whereas, the City Council Audit Committee shall forward the Annual Audit Plan to the City Council for City Council review and final approval; Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the City Council has reviewed and does approve the 2019 Annual Audit Plan, copy attached as Exhibit A. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2018, by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Everett Roy Lucy Rubio Greg Smith That the foregoing ordinance was read for the second time and passed finally on this the day of , 2018, by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Everett Roy Lucy Rubio Greg Smith PASSED AND APPROVED on this the day of , 2018. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor 2019 Annual Audit Plan Item No. Department Audit Area Audit Objectives Project Carryovers Al Utilities Utility Rate Model Are current rate model assumptions correct? Historically, have the forecasts been accurate? Do other cities charge higher rates for those outside the city limits? A2 Housing and Community Development Assistance Programs Are sufficient controls in place over the accounts receivable function of various assistance programs? A3 Police Department Property Room Are sufficient controls in place over the evidence and property room function? A4 Parks and Recreation Revenue Are sufficient controls in place for all revenue collections? F1 Public Works Street Construction Evaluate status of prior audit recommendations F2 Fleet Maintenance Allocations & Fuel Billing Evaluate status of prior audit recommendations F3 Municipal Court Fee Collections Evaluate status of prior audit recommendations F4 Development Services Funding Evaluate status of prior audit recommendations New Projects A5 Police Department Law Enforcement Special Account Are sufficient controls in place to ensure adequate management and accountability of funding? A6 City Manager American Bank Center Are sufficient controls in place to ensure HOT revenue is utilized in accordance with the Tax Code? Is the City's contractor compliant with key contract terms? A7 Utilities and Gas Department Field Operations Are sufficient controls in place to ensure adequate responsiveness to work order requests for meter, register, and other equipment essential to utility billing? A8 Information Technology Infor User Access Controls Are sufficient controls in place to ensure adequate assignment of user access, role assignment, and segregation of duties? SP Audit Committee Special Requests Allow time for special requests approved by the Audit Committee CA Unannounced Cash Counts Are cash funds intact? FR City Auditor Hotline Investigations Investigate allegations of fraud, waste, or abuse. On Hold Aviation Rental Car Agencies Evaluate status of prior audit recommendations LEGEND In Progress On Hold Pending contract renewal AGENDA MEMORANDUM Future Item for the City Council Meeting of November 27, 2018 Action Item for the City Council Meeting of December 04, 2018 DATE: October 29, 2018 TO: Keith Selman, Interim City Manager FROM: Nina Nixon -Mendez, FAICP, Director, Development Services NinaM@cctexas.com (361) 826-3276 Resolution authorizing Developer Participation Agreement with MPM Development, LP for the City's share of the cost to extend Oso Parkway south of Yorktown Boulevard & east of Cimarron Boulevard CAPTION: Resolution authorizing developer participation agreement with MPM Development, LP, to reimburse developer up to $185,005.37 for City's share of cost to extend Oso Parkway. PURPOSE: MPM Development, L.P., will extend Oso Parkway, approximately 1,384 lineal feet of roadway. Approval of the agreement will allow the developer to continue with the proposed single-family residential development known as Royal Creek Estates Unit 8. The subdivision is located south of Yorktown Boulevard (SH 357) and east of Cimarron Boulevard. BACKGROUND AND FINDINGS: The developer, MPM Development LP, is proposing to develop a 36 -lot single-family residential subdivision known as Royal Creek Estates Unit 8. The tract of land is located south of Yorktown Boulevard and east of Cimarron Boulevard. Royal Creek Estates Unit 8's plat was approved by the Planning Commission in February 2018. The street, approximately 1,384 lineal feet of roadway, must be designed to a level higher than that of residential collector. The Urban Transportation Plan requires the construction of Oso Parkway, which is greater than a residential collector allowing the developer to enter into a Participation Agreement with the City to share the cost of the street construction. The participation agreement provide for additional street pavement and base course section and a wider sidewalk. ALTERNATIVES: Disapproval of the Participation Agreement. OTHER CONSIDERATIONS: None CONFORMITY TO CITY POLICY: The proposed roadway is consistent the Master Plan and conforms to UDC Section 8.4.1. EMERGENCY / NON -EMERGENCY: Non -emergency DEPARTMENTAL CLEARANCES: Legal Finance FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not Applicable Fiscal Year: 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $3,032,080.04 $3,032,080.04 0 $3,032,080.04 Encumbered / Expended Amount $2,781,955.51 $2,781,955.51 0 $2,781,955.51 This item $185,005.37 $185,005.37 0 $185,005.37 BALANCE $65,116.16 $65,116.16 0 $65,116.16 Fund(s): Street Bond 2012 # 3701-Dev Part BD12 Comments: RECOMMENDATION: Staff recommends approval of the Resolution. LIST OF SUPPORTING DOCUMENTS: Resolution with Exhibits Presentation Resolution authorizing developer participation agreement with MPM Development, LP, to reimburse developer up to $185,005.37 for City's share of cost to extend Oso Parkway WHEREAS, the City has determined the agreement will carry out the purpose of the Unified Development Code; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a developer participation agreement ("Agreement") with MPM Development, LP., ("Developer"), for the City's portion of the cost of Oso Parkway including all related appurtenances for development of Royal Creek Estates Unit 8 Subdivision, Corpus Christi, Nueces County, Texas. Page 1 of 2 ATTEST: THE CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary Corpus Christi, Texas of Joe McComb Mayor 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 PARTICIPATION AGREEMENT For Oversizing Streets and Drainage Crossing Per UDC §8.4 STATE OF TEXAS § § COUNTY OF NUECES § This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home -rule municipal corporation, acting by and through its City Manager, or designee, and MPM Development, ("Developer"), a Limited Partnership. WHEREAS, the Owner owns certain real property located in Corpus Christi, Nueces County, Texas, being a portion of Lots 10, 22 and 23, Section 22, Flour Bluff and Encinal Farm and Garden Tracts (the "Property"), and the Owner desires to develop and plat the Property designated on Exhibit 1 of this Agreement, which exhibit is attached to and incorporated in this Agreement by reference, to be known as Royal Creek Estates Unit 8 ("Plat"); WHEREAS, as a condition of the Plat, the Developer/Owner is required to expand, extend, and construct Oso Parkway approximately 1384 lineal feet of roadway as depicted on and in accordance with the improvement requirements (the "Roadway Extension") set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public street infrastructure installed by the Developer in conjunction with the Owner's final Plat; WHEREAS, Section 212.071 of the Texas Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the subdivision or land; and WHEREAS, this Agreement is made pursuant to Section 212.071 & 212.072 of the Texas Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi NOW, THEREFORE, in order to provide a coordinated public street construction and improvement project, the City and the Developer agree as follows: Section 1. RECITALS. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. Section 2. DEVELOPER PARTICIPATION. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Developer will construct the Roadway Extension for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Roadway Extension, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Developer shall pay a portion of the costs of construction of the Roadway Extension. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Roadway Extension, designated as the total amount reimbursable by the City on the Cost Estimate. Section 3. CITY PARTICIPATION. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Roadway Extension shall not exceed $185,005.37. Section 4. REIMBURSEMENT. The City shall reimburse the Developer a pro rata portion of the City's agreed costs of the Roadway Extension monthly, based an the percentage of construction completed less the Developer's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The invoices must be paid by the City no later than thirty (30) days following receipt of each monthly invoice. Such reimbursement will be made payable to the Developer at the address shown in section N of this Agreement. Section 5. PERFORMANCE BOND. In accordance with the Texas Local Government Code, the Developer shall execute a performance bond for the construction of the Roadway Extension to ensure completion of the project. The bond must be executed by a corporate surety in accordance with Chapter 2253 of the Texas Government Code. The Developer shall submit proof of the required performance bonds to the City. Section 6. INSURANCE. Insurance requirements are as stated in Exhibit 4, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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 Development Services Department. 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. Section 7. CONSTRUCTION CONTRACT DOCUMENTS. Developer shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Roadway Extension. Section 8. INSPECTIONS. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Roadway Extension or promptly notify the Developer of any defect, deficiency, or other non -approved condition in the progress of the Roadway Extension. Section 9. WARRANTY. The Developer shall fully warranty the workmanship and construction of the Roadway Extension for a period of two years from and after the date of acceptance of the improve-ments by the Executive Director of Public Works. Standard Form Participation Agreement Version 10.31.18 Page 2 of 9 Section 10. INDEMNIFICATION. DEVELOPER 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, SUITS, AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ASSERTED AGAINST OR RECOVERED FROM INDEMNITEES ON ACCOUNT OF INJURY OR DAMAGE TO PERSON INCLUDING, WITHOUT LIMITATION ON THE FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS, OR PROPERTY LOSS OR DAMAGE OF ANY OTHER KIND WHATSOEVER, TO THE EXTENT ANY INJURY, DAMAGE, OR LOSS MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE CONSTRUCTION, INSTALLATION, EXISTENCE, OPERATION, USE, MAINTENANCE, REPAIR, RESTORATION, OR REMOVAL OF THE PUBLIC IMPROVEMENTS ASSOCIATED WITH THE PLATTING AND CONSTRUCTION OF THE ROADWAY EXTENSION OF ROYAL CREEK ESTATES UNIT 8 SUBDIVISION DURING THE PERIOD OF CONSTRUCTION, INCLUDING THE INJURY, LOSS, OR DAMAGE CAUSED BY THE CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM, REGARDLESS OF WHETHER THE INJURY, DAMAGE, LOSS, VIOLATION, EXERCISE OF RIGHTS, ACT, OR OMISSION IS CAUSED OR IS CLAIMED TO BE CAUSED BY THE CONTRIBUTING OR CONCURRENT NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, BUT NOT IF CAUSED BY THE SOLE NEGLIGENCE OF INDEMNITEES, OR ANY OF THEM, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY, AND INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS FEES WHICH ARISE, OR ARE CLAIMED TO ARISE, OUT OF OR IN CONNECTION WITH THE ASSERTED OR RECOVERED INCIDENT. THIS INDEMNITY SURVIVES TERMINATION OF THIS AGREEMENT. Section 11. DEFAULT. The following events shall constitute default: 1. Developer fails to submit plans and specifications for the Roadway Extension to the Executive Director of Public Works in advance of construction. 2. Developer does not reasonably pursue construction of the Roadway Extension under the approved plans and specifications. 3. Developer fails to complete construction of the Roadway Extension, under the approved plans and specifications, on or before the expiration of 24 calendar months measured from the date this document is executed by the City. Page 3 of 9 Standard Form Participation Agreement Version 10.31.18 4. Either the City or the Developer otherwise fails to comply with its duties or obligations under this Agreement. Section 12 NOTICE AND CURE. 1. In the event of a default by either party under this Agreement, the non -defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. 2. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. 3. in the event the default is not cured by the defaulting party within the Cure Period, then the non -defaulting party may pursue its remedies in this section. 4. Should the Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer, at the address stated in section N, of the need to perform the obligation or duty and, should the Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer. 5. In the event of an uncured default by the Developer, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: a. Terminate this Agreement after the required notice and opportunity to cure the default; b. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or c. Perform any obligation or duty of the Developer under this Agreement and charge the cost of such performance to the Developer. The Developer shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer receives notice of the cost of performance. In the event the Developer pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. 6. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer has all its remedies at law or in equity for such default. Section 13. FORCE MAJEURE. 1. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insur- rections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; Standard Form Participation Agreement Version 10.31.18 Page 4 of 9 floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. 2. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Section 14. NOTICES. 1. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: If to the City: City of Corpus Christi Attn: Director, Development Services 2406 Leopard Street 178401 P.O. Box 9277/78469-9277 Corpus Christi, Texas with a copy to: If to the Developer: MPM Development, L.P. Attn: Mossa Moses Mostaghasi 426 S. Staples St. Corpus Christi, Tx 78401 City of Corpus Christi Attn: Asst. City Manager, Business Support Services 1201 Leopard Street 178401 P. O. Box 9277178469-9277 Corpus Christi, Texas 2. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. 3. Either party may change the address for notices by giving notice of the change, in accordance with the provisions of this section, within five business days of the change. Section 15. PROJECT CONTRACTS. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Roadway Extension, contracts for testing services, and contracts with the contractor for the construction of the Roadway Extension must provide that the City is a third party beneficiary of each contract. Standard Form Participation Agreement Version 10.31.18 Page 5 of 9 Section 16. DISCLOSURE OF INTEREST. In compliance with City of Corpus Christi Ordinance No. 17112, the Developer agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Section 17. 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. Section 18. CERTIFICATE OF INTERESTED PARTIES. Developer 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 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. 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:l/www.ethics.state.tx.us/legal/ch46.html. Section 19. CONFLICT OF INTEREST. Developer 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.com/oovernmenticity- secretary/conflict-disclosure/index Section 20. SEVERABILITY. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of Page 6 of 9 Standard Form Participation Agreement Version 10.31.18 competent jurisdiction, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid portion had never been contained herein. Section 21. COOPERATION. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. Section 22. ENTIRE AGREEMENT. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Project and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter hereof. Section 23. AMENDMENTS. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of both Parties. Section 24. APPLICABLE LAW; VENUE. This Agreement shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Nueces County, Texas. Section 25. AUTHORITY. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. Section 26. INDEPENDENT CONTRACTOR. Developer covenants and agrees that it is an independent contractor, and not an officer, agent, servant or employee of City; that Developer shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Developer, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Developer. Section 27. 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. Section 28. TERM. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Developer from and after the date of the last signatory to this Agreement. This Agreement expires 24 calendar months from the date this document is executed by the City, unless terminated earlier in accordance with the provisions of this Agreement. Such expiration date of this Agreement is presently anticipated, but not currently known, to be DECEMBER 4, 2020. (EXECUTION PAGES FOLLOWS) Standard Form Participation Agreement Version 10.31.18 Page 7 of 9 EXECUTED in one original this day of , 2018. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Nina Nixon -Mendez City Secretary Director of Development Services THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Rebecca Huerta, City Secretary, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2018. Notary Public, State of Texas THE STATE OF TEXAS § § COUNTY OF NUECES § This instrument was signed by Nina Nixon -Mendez, Director of Development Services, for the City of Corpus Christi, Texas, and acknowledged before me on the day of , 2018. Notary Public, State of Texas APPROVED AS TO FORM: This day of , 2018. Assistant City Attorney For the City Attorney Standard Form Participation Agreement Version 10.31.18 Page 8 of 9 DEVELOPER: MPM DEVELOPMENT, L.P. Mossa Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF NUECES § ate This instrument was acknowledged before me on ON -cm 2- , 2018, by Mossa Moses Mostaghasi, General Partner of MPM Development, L.P., a Limited Partnership, on behalf of said partnership. —O Al..- � -� e ........ ..,. �► {.'ti,PYAue, CINDY BUENO t,P1.. " tir ID# 11795883 . ;_ } Notary Public • t� STATE OF TEXAS 'y?reo«E: My Comm. Exp 11-04-2019 v v v e v v v v v v v - Notary Public's Signature Standard Form Participation Agreement Version 10.31.18 Page 9 of 9 STATE OF TEXAS COUNTY OF NUECES WE, MPM DEVELOPMENT, LP, HEREBY CERTIFY THAT WE ARE THE OWNERS OF THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING PLAT, SUBJECT TO A LIEN IN FAVOR OF THAT WE HAVE HAD SAID LAND SURVEYED AND SUBDIVIDED AS SHOWN, THAT STREETS AND EASEMENTS AS SHOWN HAVE BEEN HERETOFORE DEDICATED, OR IF NOT PREVIOUSLY DEDICATED, ARE HEREBY DEDICATED TO THE PUBLIC USE FOREVER AND THAT THIS PLAT WAS MADE FOR THE PURPOSES OF DESCRIPTION AND DEDICATION. THIS THE DAY OF , 20 MOSSA MOSTAGHASI, GENERAL PARTNER STATE OF TEXAS § COUNTY OF NUECES THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY MOSSA MOSTAGHASI. THIS THE DAY OF 20 STATE OF TEXAS COUNTY OF NUECES § NOTARY PUBLIC, IN AND FOR THE STATE OF TEXAS I, NIXON M. WELSH, REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS & WELSH ENGINEERING, HEREBY CERTIFY THAT THE FOREGOING PLAT WAS PREPARED FROM A SURVEY MADE ON THE GROUND UNDER MY DIRECTION AND THAT IT IS TRUE AND CORRECT. THIS THE DAY OF 20 NOTES: NIXON M. WELSH, R. P.L.S. 1. THE YARD REQUIREMENT, AS DEPICTED, IS A REQUIREMENT OF THE UNIFIED DEVELOPMENT CODE (UDC) AND IS SUBJECT TO CHANGE AS THE ZONING MAY CHANGE. 2. THE RECEIVING WATER FOR STORM WATER RUNOFF FROM THIS PROPERTY IS THE OSO CREEK. 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 050 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. SET 5/8" I.R.'S AT LOT ALL CORNERS UNLESS OTHERWISE NOTED. ALL SET 1.R.'S CONTAIN PLASTIC CAPS LABELED BASS AND WELSH ENGINEERING 4. THE BASIS OF BEARINGS IS THE COMMON NORTHEASTERLY BOUNDARY OF THE SUBJECT SITE AND THE SOUTHEASTERLY BOUNDARY LINE OF ROYAL CREEK ESTATES UNIT 5, N59'07.18"E, AS SHOWN. 5. THE ENTIRE SITE IS IN FEMA ZONE A13 (EL 12). FEMA ZONES ARE FROM FLOOD INSURANCE RATE MAP, COMMUNITY PANEL 485494 0520 D, REVISED JUNE 4, 1987, FOR NUECES COUNTY, TX, UNINCORPORATED AREAS. THE FEMA PRELIMINARY MAP 48355C0520G, NOT YET ADOPTED, INDICATES THE SUBJECT SITE TO BE IN ZONE X, ZONE X (DOTTED) AND ZONE AE (EL 12). 6. THE TOTAL AREA OF THIS PLAT IS 10,544 ACRES INCLUDING STREET DEDICATIONS. CIMARRON BLVD. ALCON DR. Y J W GRIZLEY DR CARIBOU DR, Exhibit 1 0 400' 800' 1600' SCALE! 1'= 800' IMPALA DR. ILJLLI_1LJI 1 BAUER DR. KDDIAC DR. SAMBA DR. r r- N LENS W U a d ce DRIVE WOOLVERINE DR. ANVIL r Ne Y 0. Q LA SALLE DR. w RINCESS PEGHA PL ROCK CREST A 0 fn Ri KING GEORGE PLAC ROUND TABLE GUINEVERE QUEEN JENN PL SIR MOSES PL, a� KINGI 9\Z. Sc SPS` ;IR STREET STREET DAVID PL PRINCESS JEAN PL. LOCATION MAP 1' = 800' A BISDN BR. 050 CR�K PLAT OF ROYAL CREEK ESTATES UNIT 8 AN 10.544 ACRE TRACT OF LAND, MORE OR LESS, A PORTION OF LOTS 10, 22, AND 23, SECTION 22, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME "A', PAGES 41 — 43, MAP RECORDS, NUECES COUNTY, TEXAS CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING FIRM NO. F-52, 3054 S. ALAMEDA ST. CORPUS CHRISTI, TEXAS 78404 DATE PLOTTED: 1/12/18 COMP. ND.t PLAT--SHI,IIWG JOB NOJ 16022 SCALE: AS SHOWN PLOT SCALE: 1' = 60' SHEET 1 DF 2 "SITE" STATE OF TEXAS COUNTY OF NUECES WE, (NAME), HEREBY CERTIFY THAT WE ARE THE HOLDERS OF A LIEN ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF THE FOREGOING MAP AND THAT WE APPROVE THE SUBDIVISION AND DEDICATION FOR THE PURPOSES AND CONSIDERATIONS THEREIN EXPRESSED. BY: TITLE: STATE OF TEXAS COUNTY OF NUECES THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME), (TITLE), OF THIS THE DAY OF , 20 STATE OF TEXAS COUNTY OF NUECES § NOTARY PUBLIC, IN AND FOR THE STATE DF TEXAS THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED BY THE DEPARTMENT OF DEVELOPMENT SERVICES OF THE CITY OF CORPUS CHRISTI, TEXAS STATE OF TEXAS COUNTY OF NUECES § RATNA POTTUMUTHU, P.E., LEED, AP DEVELOPMENT SERVICES ENGINEER DATE THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON BEHALF OF THE CITY OF CORPUS CHRISTI, TEXAS BY THE PLANNING COMMISSION. THIS THE DAY OF . 20 ERIC VILLARREAL, P.E. CHAIRMAN STATE OF TEXAS COUNTY OF NUECES WILLIAM J. GREEN, P.E. INTERIM SECRETARY FEB 21 Ns PLANNING COMMISSION I, KARA SANDS, CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT DATED THE DAY OF , 20 WITH ITS CERTIFICATE OF AUTHENTICATION, WAS FILED FOR RECORD IN MY OFFICE THE DAY OF 20 AT O'CLOCK .M., AND DULY RECORDED THE DAY OF 20 AT OF SAID COUNTY IN VOLUME PAGE O'CLOCK .M. IN THE MAP RECORDS INSTRUMENT NUMBER WITNESS MY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID COUNTY AT OFFICE IN CORPUS CHRISTI, NUECES COUNTY, TEXAS, THE DAY AND YEAR LAST WRITTEN. BY: DEPUTY KARA SANDS, CLERK COUNTY COURT NUECES COUNTY, TEXAS 41 O D=32.26' 05' R=1499. 50' T=436, 14' L=848. 85' CB=N75° 11' 49'E CH=837, 56' O D=31.57' 40' R=1614. 50' T=462. 36' L=900. 61' CB=574.57' 55' W CH=888, 98' O D=75'19' 50' R=15. 00' T=11. 58' L=19. 72' CB=S36' 21' 25' W CH=18. 33' O D=29` 34' 55' R=360. 00' T=95. 06' L=185. 87' CB=S73.54' 44' W CH=183. 81' CURVE DATA D=00'28'06' R=1614. 50' T=6. 60' L=13. 20' CB=N88° 49' 12' W CH=13. 20' O D=31' 57' 28' R=1694. 50' T=485, 21' L=945. 14' CB=N74' 58' 01'E CH=932. 93' O D=94' 26' 24' R=15. 00' T=16. 21' L=24. 72' CB=S48' 31' 42' E CH=22. 02' ROYAL CREEK ESTATES UNIT 5 V. 68, P. 146 & 147, M. R. 40 39 42 Ef)0 O 43 7763 SF 25' YR 56. 81' 65. 02'Y 0 8 44 • 7763 SF 0 0 65 7, 5' UE VJ 0 70. 01' ? Z � w cr X ¢x Lai� Epi X W x 0 _15 r 15 re O 0 0 .---1 (1.J U) 0 0 0 L') 0 45 °: 7763 SF P f^ EE 70, 01' 0 0 0 r� 83. O1' 25' YR 16 11205 SF 89, 38' 10' UE 0 Lr: 83, 01' 5' EE 17 11205 SF 0 0 0 89. 38' 75.757 AC. CITY OF CORPUS CHRISTI, V, 2138, P, 624, D. R. SECT, 22, FB & EF & GT, V. A' , P. 41 - 43, M. R. 38 0 46 a 7763 SF cn D=31'57'11' R=1824.50' T=522. 36' L=1017.49' CB=S74' 58' 10' W CH=1004. 36' • 0=14' 54' 03' R=440. 00' T=57, 54' L=114. 43' CB=N66° 34' 19' E CH=114, 11' O D=04'27' 06' R=440, 00' T=17. 10' L=34. 19' CB=N86` 28' 39' E CH=34. 18' 37 - YR r 7 01 18 11205 SF 89. 38' CD W • 47 r' 7763 SF o a J N N rrt w 0 0 0 36 19 11205 SF 35 65 t r 0 48 • 7763 SF cA r — 89, 38' 0, 0 N rrt0 34 a� W 49 ▪ 7763 Sr cs 5' 33 0 r °1 50 7763 SF O 20 11205 SF gg 38' 32 t9° 51 -.s 7763 SF O 0 1' I Exhibit 1 31 52 NN Ns SF 29 28 >- 30 / / / s SNS so_ 7763 SF 53 54 7763 SF .\53n � J�i�R, \ a 4y 0,1�P \� F, �26 \ sr 905' q. 27 u�. CO_ 56 7636 SF sl 25 S1° 18' 30" E 28, 07' N88° 41' 30" E 50, 00' 4, \ 15 24 58 \11655 SF \ \ �P \ O t 13713 SF 59 s "O. 57 \ ANN 55 \ \ ; o 8178 SF O S0 -R 2ed ,' t. 1j +S 00/ 110W-- 5' E•E 65A 503RD 5E•E gni l 23 0(5 11205 SF N 0 99, 24 11205 SF 25 - 11205 SF SN / O 32; O / 89. SN 9470 SF ROYAL CREEK ESTATES UNIT 5 V. 68, P. 146 & 147, M. R. 25' CO 25' 1 eN \ 4-4 26 11205 SF 27 N 10941 28 t" \TS SF \ "kr‘ ',\ 0 4- 10730 \ 29 SF rgd 75, 757 AC. CITY OF CORPUS 25' CO cu 15 / 16 d. 6600 SF CD i 110. ocy Pi Ex STORM SEWER PIPE' b 18 60107 SF o 5878'19491' s3F0'W 18 cu CD CI: CU Li 00 1 LIJ cD 0 Li O. SF F:lc.,\VscS`v'S51C'S t _1:: <LC& C.... °--- N\ld,c.\\cz..!szt3:::::::S„::\.‘p::LC:.:-C:::C,:1-c,.‘-4:s‘t\S)3,ciZr.,:cp\': C ‘C-\"' 0 30' 60' RLDPOOWIE, FEB a 1 2013 PLANNING COMMISSION 120' PLAT OF ROYAL CREEK ESTATES UNIT 8 CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS g, WELSH ENGINEER ING CORPUS CHRIST I, TEXAS 78404 0 DATE PLOTTED: 1/19/18 COMP, NO: PLAT-SH2,DWG JOB NO.: 16022 SCALE: AS SHOWN SHEET 2 OF 2 w Exhibit 2 EXHIBIT SHOWING OSO PARKWAY IMPROVEMENTS 1"=150' Ior*, -.M NiXON M. WELSH cn ��o:•.tEnv gi q wW ADHAL E 11,..4" AV (If KING HENRY PL. PARK co 9/7/18 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR, JOB NO. 16022, SCALE: 1" = 150' PLOT SCALE: SAME, PLOT DATE: 9/17/18, SHEET 1 OF 1 Exhibit 2 80' STREET ROW 14.5' 40' BB STREET 25.5' 1.0' PROP. 4' WIDE R/C WALK 1% 4" TYPE "D" HMAC ON PRIME COAT ® 0.15 GALLONS PER SQUARE YARD 20' 20' 5" CROWN FROM LIP OF GUTTER STREET 1% COMPACT BACKFILL TO 95% STANDARD PROCTOR DENSITY (BOTH SIDES) AND UNDER WALKS (TYP.) 11" CRUSHED LIMESTONE BASE TO 2' BEHIND C & G TO MEET REQUIREMENTS OF CITY STANDARD SPECIFICATION 025223 CRUSHED LIMESTONE FLEXIBLE BASE. COMPACT TO 95% MODIFIED PROCTOR DENSITY AT A MOISTURE J CONTENT +/- 2% OF OPTIMUM MOISTURE J 8.5' UNLESS SHOWN OTHERWISE PROP. 8' WIDE R/C WALK (EQUIVALENT TO TWO 4' WALKS) 6" CITY STD. R/C CURB AND GUTTER (TYPICAL BOTH SIDES) 8" LIME STABILIZED SUBGRADE TO 2' BEHIND C&G BOTH SIDES OF STREET AND COMPACTED TO 95% STANDARD PROCTOR DENSITY WITHIN +/- TWO PERCENTAGE POINTS OF OPTIMUM MOISTURE. LIME SHALL BE APPLIED AT THE RATE OF 34 LB/SY (TO BE VERIFIED THROUGH GEOTECHNICAL TESTING). 8" THICKNESS BENEATH C&G AND TO 2' BEHIND C&G TYPICAL STREET SECTION - OSO PKWY NTS SF FF, Nn[CN M. WELSH :v40 :W TMAL t-1` 11s%gib 10/18/18 BASS AND WELSH ENGINEERING CORPUS CHRISTI, TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-STR SECT O -PKWY, JOB NO. 16022, SCALE: NONE, PLOT SCALE: 1'=60', PLOT DATE: 10/18/18, SHEET 1 OF 1 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW c@aoi.com STREET & SURFACE ITEMS BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 ROYAL CREEK ESTATES UNIT 8 PRELIMINARY COST ESTIMATE 08/24/18 QUANTITY UNIT 3054 S. Alameda St. 361 882-5521— FAX 361 882-1265 UNIT PRICE AMOUNT 1 6" CURB & GUTTER 3083 LF 14.50 544,703.50 2 4" THICK CONCRETE WALK 18118 SF 4.50 81,531.00 3 2" HMAC 504 SY 17.50 8,820.00 4 4" HMAC 5536 5Y 34.00 188,224.00 5 8" LIME STABILIZED SUBGRADE 7409 SY 8.00 59,272.00 6 6" CRUSHED LIMESTONE BASE 672 SY 15.00 10,080.00 7 11" CRUSHED LIMESTONE BASE 6737 SY 24.00 161,688.00 8 STREET SIGN 1 EA 350.00 350,00 9 EXCAVATION 1 LS 6,000.00 6,000.00 10 ENO OF ROAD BARRICADE 1 EA 975.00 975.00 11 CLEARING & GRUBBING 1 LS 1,000.00 1,000.00 STREET & SURFACE ITEMS (OVERSIZE OSO PARKWAY, FOR CITY REIMBURSEMENT) QUANTITY UNIT UNIT PRICE 5562,643.50 AMOUNT 1 4" THICK CONCRETE WALK 5778 SF 4.50 26,001.00 2 OVERTHICKNESS 2" HMAC TO 4" HMAC = 2" HMAC 5536 5Y 17.50 96,880.00 r___ 3 OVERTHICKNESS 8" CRUSHED LIMESTONE BASE TO 11" CRUSHED 140 LF 58.00 8,120.00 4 LIMESTONE BASE = 3" CRUSHED LIMESTONE BASE 6737 5Y 6.50 43,790.50 STORM SEWER ITEMS (THESE ITEMS NOT INCLUDED IN TOTAL BELOW) QUANTITY UNIT UNIT PRICE 5166,671.50 AMOUNT 1 18" RCP 138 LF 44.00 6,072.00 2 24" RCP 83 LF 55.00 4,565.00 3 27" RCP 140 LF 58.00 8,120.00 4 30" RCP 1366 LF 60.00 81,960.00 5 42" RCP 410 LF 63.00 25,830,00 6 5' INLET 9 EA 3,200 00 28,800.00 7 7' INLET 2 EA 3,800,00 7,600.00 8 MANHOLE 4 EA 15,000.00 60,000.00 9 END OF PIPE RIPRAP STRUCTURE 1 EA 2,000 00 2,000.00 SANITARY SEWER ITEMS QUANTITY UNIT UNIT PRICE 5224,947.00 AMOUNT 1 8" PVC PIPE 1368 LF 50.00 68,400.00 2 4" OR 6" PVC SERVICE 36 EA 480.00 17,280.00 3 FIBERGLASS MANHOLE 4 EA 3,900.00 15,600.00 sly Exhibit 3 Page 1 of 2 5101,280.00 Diyhal1y signed by William 1 Green. PE ON: cn. W illlam 1. Green, o.Development Services. ou.6ry of Corpus Christi,. Texas. emali.Wigecneaastom . c. US Date20'11111.0i 12:49.51 -05'00' NIXON M. WELSH. P.E. R.P.L.S. Email: NixMW@aol.com 12" WATER GRID MAIN ITEMS REIMBURSABLE BY CITY BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 QUANTITY UNIT 3054 S. Alameda Sl. 361 882-5521— FAX 361 882-1265 UNIT PRICE AMOUNT 1 12" PVC PIPE 1384 LF 60.00 $83,040.00 2 12" CAP TAPPED FOR 2" 1 EA 350.00 350.00 3 12" TEE 4 EA 850.00 3,400.00 4 CRUSHED STONE EMBEDMENT FOR 12" WATER 1384 LF 30.00 41,520.00 5 DEWATERING FOR 12" WATER 1384 LF 20.00 27,680.00 6 6" PVC PIPE NIPPLE 9 EA 250.00 2,250.00 7 6" GATE VALVE WITH BOX 3 EA 950.00 2,850.00 8 6" 90' ELBOW 3 EA 300.00 900.00 9 FIRE HYDRANT ASSEMBLY 3 EA 4,000.00 12,000 00 WATER ITEMS (NON -GRID MAIN QUANTITY UNIT UNIT PRICE $173,990.00 AMOUNT 1 WATER SERVICE, DOUBLE 16 EA 600.00 9,600.00 2 WATER SERVICE, SINGLE 4 EA 500.00 2,000 00 3 6" PVC PIPE 230 LF 32.00 7,360.00 4 6" GATE VALVE WITH BOX 1 EA 950.00 950 00 MISCELLANEOUS CONSTRUCTION QUANTITY UNIT UNIT PRICE $19,910.00 AMOUNT 1 TRAFFIC CONTROL & BARRICADING PLAN & PERMITTING (TRAFFIC CONTROL DURING CONSTRUCTION) 1 LS 5,000.00 $5,000.00 2 TRENCH SAFETY FOR EXCAVATIONS (SANITARY SEWER & STORM SEWER PIPES OF ALL SIZES) 5145 IS 3.00 15,435.00 3 4" PVC CONDUIT FOR AEP 200 LF 25.00 5,000.00 4 STORM WATER POLLUTION PREVENTION 1 1_5 4,000.00 4,000.00 TOTAL CONSTRUCTION b.171•h Npmd M WMm I. Lawn,P DN ["-WAp.m RsCNA. P .L PWrk u,gry at Corpus DN" han rni1.b INNOrmm" CAM War 2OIS,IIA112:50l9 -DINT Exhibit 3 Page2ot2 $29,435.00 $1,112,205.50 NIXON M. WELSH, P.E., R P.L.S. Email NixMW@aol com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 ROYAL CREEK ESTATES UNIT 8 STREET PARTICIPATION REIMBURSEMENT ESTIMATE 03/09/18 OVERSIZE 050 PARKWAY FOR CITY REIMBURSEMENT QUANTITY 3054 S. Alameda Sl. 361 882-5521— FAX 361 882-1265 UNIT UNIT PRICE AMOUNT 1 4" THICK CONCRETE WALK 5778 SF 4.50 526,001.00 2 OVERTHICKNESS 2" HMAC TO 4" HMAC = 2' HMAC 5536 5Y 17.50 96,880 00 3 OVERTHICKNESS 8" CRUSHED LIMESTONE BASE TO 11" CRUSHED LIMESTONE BASE = 3" CRUSHED LIMESTONE BASE 6737 , 5Y 6 50 43,790.50 SUBTOTAL 5166,671.50 11%SURVEYING, ENGINEERING &TESTING 518,333.87 TOTAL AMOUNT REIMBURSABLE (29%) $185,005.37 thaa.ey signed* Wiliam f Green. PE. pN- m.wElum 7. Core". PE. ".pe.elapmenl Serrket. w.Oh d Cwp"1Ch"y1411aac email.pNgecneuvmm. cut!' 13.1c2111/1.11.011:1411 atm STREET AND SURFACE ITEMS 5562,643.50 11%SURVEYING, ENGINEERING, &TESTING 61,890.78 TOTAL STREET & SURFACE ITEMS (100%) $624,534.28 Exhibit 3 Page 1 of 1 INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor 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. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor shall furnish to the Risk Manager or designee 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. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day Notice of Cancellation required on all certificates or by policy endorsement(s) Bodily injury and Property Damage Per Occurrence / aggregate COMMERCIAL GENERAL LIABILITY 1. Broad Form 2. Premises — Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard (if applicable) 10. Environmental (if applicable) $1,000,000 Per Occurrence $2,000,000 Aggregate BUSINESS AUTOMOBILE LIABILITY 1. Owned 2. Hired & Non -owned 3. Rented & Leased $1,000,000 Combined Single Limit WORKERS' COMPENSATION (for paid employees) EMPLOYER'S LIABILITY Which Complies With The Texas Workers' Compensation Act And Paragraph II Of This Exhibit. $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor 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. 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 replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 (361) 826-4555- Fax # D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, 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 material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. 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. Exhibit 4 Page 2 of 3 G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations and completed operations and activities under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 City of Corpus E Christi City of Corpus Christi, Texas Department of Development Services P.D. Box 9277 Corpus Christi, Texas 78469-9277 (361)826-3240 Located at: 2406 Leopard Street (Confer of Leopard St. and Port Ave.) 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: MPM Development, LP STREET: Po Box 331308 CITY: Corpus Christi FIRM is: ® Corporation ❑ Partnership ❑ Sole Owner ❑ Association 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) ZIP: 78463 ❑ Other 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 "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 NIA 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 CERTIFICATE 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: Mossa (Moses) Mostaghasi Title: General Partner (Print) Signature of Certifying Person: Date: 10-15-18 K:IDEVELOPh1ENTSVCSISHARED.LAND DEVELOPMElie.ORDINANCE ADM1NISTRATIOMAPpI.ICATION FORMSIFORMS AS PER t,EOAL120120ISCLOSLRE OF iNTnRESTS STATEMENT' 27.12.DOC Exhibit 5 Page 1 of 2 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. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor, C. "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. d. "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. e. "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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f, "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. K-IDEVELOPMENTSVCSISHAREDILANIJ DEW LOPMENMORDIN.ANCE ADM INISTRATIONIAPPLiCA'I'ION FORMSIPORMS AS PER LEGAL12AI2\DISCLOSURE OF INTERESTS STATEMENT! 27.12.DOC Exhibit 5 Page 2 of 2 Participation Agreement for Royal Creek Estates Unit 8 City Council Presentation November 27, 2018 Aerial Overview Royal Creek Estates Unit 7 Royal Creek Estates Unit 8 (10.544 Acres) Oso Parkway Urban Transportation Plan © fiw' Background CLINE DAT• rznr 'a N8!3'�07 70'E 07'10'30'E 00.07' E LID. _CO' NSW 41' 30' E 50. 00' *7, c 2j3o'� Sr 0. 0' la 00" E Z. 6 ! PAY. 9vs am.•M•t_ PLT3 Dy :l�% 4m 111 MO 0ANNNGC�IIAIt77" PLAT OF ROYAL CREEK ESTATES UNIT 8 CORPUS CHRISTI, NUECES COUNTY. TEXAS BASS L 01.1.714ENG!NEERTNG mi. WRVS .4s4 00.11424 rtas 1142. Sr, sr 80' STREET ROW 14.5' 40' BB STREET 25.5' iooiiur. PROP, 4' WIDE R/C WALK 4" TYPE 'D" HMAC ON PRIME COAT ® 0.15 GALLONS PER SQUARE YARD 20' 20' 10 5" CROWN FROM UP OF GUTTER- TCL STREET 11.00011.1 COMPACT BACKFILL TO 959 STANDARD PROCTOR DENSITY (BOTH SIDES) AND UNDER WALKS (TYP.) 11" CRUSHED LIMESTONE BASE TO 2' BEHIND C & GTO MEET REQUIREMENTS OF CITY STANDARD SPECIFICATION 025223 CRUSHED LIMESTONE FLEXIBLE BASE. COMPACT TO 959 MODIFIED PROCTOR DENSITY AT A MOISTURE CONTENT +/- 29 OF OPTIMUM MOISTURE 8.5' UNLESS SHOWN OTHERWISE 10 fir refix PROP. 9' WIDE R/C WALK (EQUIVALENT TO TWO 4' WALKS) 6" CITY STD. R/C CURB AND GUTTER (TYPICAL BOTH SIDES) 8" 00 STABILIZED SLBGRADE TO 2' BEHIND C&G BOTH SIDES OF STREET AND COMPACTED TO 959 STANDARD PROCTOR DENSITY WITHIN +/- TWD PERCENTAGE POINTS OF OPTIMUM MOISTURE. LIME SHALL BE APPLIED AT THE RATE OF 34 LB/SY (TO BE VERIFIED THROUGH GEOTECHNICAL TESTING). 8" THICKNESS BENEATH C&0 AND TO 2' BEHIND MG 3 Staff Recommendation • Approval AGENDA MEMORANDUM Future Item for the City Council Meeting of November 27, 2018 Action Item for the City Council Meeting of December 4, 2018 DATE: October 19, 2018 TO: Keith Selman, Interim City Manager FROM: Belinda Mercado, Director of Information Technology BMercadocctexas.com 361-826-3732 Purchase additional Kronos Time System subscription licenses CAPTION: Motion authorizing the purchase of additional licenses necessary for electronic leave requests from Kronos, Inc., for $83,352.50, pursuant to the terms of the parties' existing renewable subscription agreement. PURPOSE: To purchase additional licenses of the Kronos Time System for city-wide implementation of electronic time off leave requests utilizing the Kronos Online System and Kronos Mobile App for employees and managers. BACKGROUND AND FINDINGS: The city has used the Kronos Time System for over 18 years and is currently in the final year of the current subscription agreement. This item is for a one-year purchase of licenses needed to implement the module city-wide. In reviewing efficiency items across the city, leave requests was an area identified of weakness due to a manual paper process in capturing employee time off. All leave requests are handled by paper, routed for signature, and routed to Payroll for manual entry. In July 2018, a pilot utilizing electronic leave requests began with 75 employees in three City departments. In addition, the use of the Kronos Mobile for employees and managers was introduced. The pilot has been a success reducing manual input with an automated integration to the Infor Payroll system. The team is ready to move city-wide for electronic leave requests for all departments with the exception of the Fire and Police departments. Public Safety has more complex scheduling that will be addressed with additional products/modules at a later date. ALTERNATIVES: Continue to use printed forms and hand-written signatures to submit and approve leave requests. OTHER CONSIDERATIONS: Not applicable CONFORMITY TO CITY POLICY: The proposed purchase conforms to City purchasing policies and procedures. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Purchasing Finance FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $1,789,597.85 0 $1,789,597.85 Encumbered / Expended Amount $248,123.27 0 $248,123.27 This item ($83,352.50) 0 ($83,352.50) BALANCE $1,458,122.08 0 $1,458,122.08 Fund(s): Information Technology Comments: Funds are available in the Information Technology Department FY2018-2019 budget. Funding will be requested during the normal budget process for all future years. RECOMMENDATION: Staff recommends approval of this agenda item. LIST OF SUPPORTING DOCUMENTS: Kronos Proposal KRONOS' / Creation Date: Prepared By: Jason Coppi 10/5/2018 Expiration Date: Order Type Proposal Upgrade 12/28/2018 Bill To: Solution ID: Primary Contact Name: Primary Contact Phone: Primary Contact Email: Currency: Customer PO# Initial Term: Renewal Term: Billing Start Date: Attention: Tracy Andreadis City ofCorpus Christi 1201 Leopard, MIS Dept, 4th Floor Corpus Christi, TX 78401 6004003 Tracy Andreadis 361-826-3149 tracya@cctexas.com USD Co -Term with Existing Contract One Year Upon Execution of Order Form Ship To: License Email: FOB: Ship Method: Freight terms: Payment Terms: DataCenter Location: Attention: Tracy Andreadis City of Corpus Christi 1201 Leopard, MIS Dept, 4thFloor Corpus Christi, TX 78401 exception@kronos.com Shipping Point Fedex Ground Prepay & Add N30 USA Kronos Incorporated Kronos Contact Information: 900 Chelmsford St. Lowell, MA 01851 Telephone # 978-250-9800 Fax # 978-367-5900 APPLICATIONS Billing Frequency: Annual in Advance Applications License Count PFPM Monthly Service Fee Workforce Mobile Manager 450 $1.21 $60.50 Workforce Employee 2,500 $0.97 $2,425.00 Workforce Manager 400 $12.13 $4,852.00 Workforce Mobile Employee 2,000 $0.12 $240.00 SUMMARY Total Monthly Application Fcc $7,577.50 Offering Typcs Total Monthly Fee (Applications / Cloud Services / Equipment Rental) Summary llnal $7,577.50 OrderNotes: This order is subject to the terms and conditions of that certain Workforce Central - Software as a Service Terms and Conditions between Kronos and Customer dated 9/23/15. AGENDA MEMORANDUM Future Reading for the City Council Meeting of November 27, 2018 Consent Agenda for the City Council Meeting of December 4, 2018 DATE: TO: October 9, 2018 Keith Selman, Interim City Manager FROM: Arlene Medrano, Business Liaison ArleneM@cctexas.com (361)826-3356 Type A Agreement — CCREDC Program Management and Funding CAPTION: Motion to approve an agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the management of the Corporation's economic development funds. PURPOSE: The purpose of this item is to approve a funding agreement between the Corpus Christi Business and Job Development Corporation (Type A Board) and the City of Corpus Christi for the management of the Business and Job Development Incentive Program by the Corpus Christi Regional Economic Development Corporation (CCREDC). BACKGROUND AND FINDINGS: On June 25, 2018, the Type A Board approved the FY 2019 Operating Budget with a $125,000 line item for CCREDC funding, for an agreement between the Type A Board and the City. The City will provide specific and measurable services for the Type A Board which they (the City) will be reimbursed $125,000 annually. This item was approved by the Type A Board on September 17, 2018. ALTERNATIVES: The Council can choose not to approve. OTHER CONSIDERATIONS: N/A CONFORMITY TO CITY POLICY: N/A EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Legal FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2017 - 2018 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Line Item Budget $ 125,000 $ 125,000 Encumbered / Expended Amount This item $ 125,000 $ 125,000 BALANCE $ 0 $ 0 Fund(s): Business & Job Development Fund, Economic Development Line Item Comments: RECOMMENDATION: Staff recommends the City Council approve the agreement. LIST OF SUPPORTING DOCUMENTS: Type A Agreement with City of Corpus Christi— CCREDC Program Management and Funding AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR MANAGEMENT OF BUSINESS AND JOB DEVELOPMENT INCENTIVE PROGRAM This Agreement for management of the Business and Job Development Incentive Program ("Agreement") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation") and the City of Corpus Christi ("City"). WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors ("Board"); WHEREAS, a Memorandum of Understanding established a three -party relationship between the City, Corpus Christi Regional Economic Development Corporation (CCREDC) and Type A Board, WHEREAS, the Board wishes to manage the use of the sales tax funds for business and job development in an effective manner; WHEREAS, the City wishes to manage the sales tax funds for business and job development and has contracted with the CCREDC to provide these services in the past; WHEREAS, the Board has determined that it is in the best interests of the residents of the City that the Corporation use business and job development funds to repay the cost of managing the business and job development projects funded by the Board, by execution of this Agreement; In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the City agree as follows: 1. Agreement to Provide Economic Development Services. This Agreement between the Corporation and the City is executed to provide the specific and measurable services for the promotion and development of new and expanded business enterprises through the Services described in Exhibit "A" and incorporated in this Agreement by reference. The City may continue to contract with the CCREDC for the provision of these Services to the Corporation. The funds provided under this Agreement may not be used for any expenditures not related to the provision of the Services. 2. Payments. The Parties agree that the Corporation will pay the City $31,250 quarterly at the start of each quarter to the City for the provision of the Services. Page 1 of 4 3. Effective Date. The effective date of this Agreement is the date on which the City Council grants approval for this Agreement, and it is signed by all parties. 4. Term. The term of this Agreement is for one year beginning October 1, 2018 and expiring on September 30, 2019. 5. Termination. The Parties may, by written agreement, terminate this Agreement at any time. In the event of such termination, the City will be entitled to reimbursement for any Services provided up to the date of termination. 6. Amendments or Modifications. No amendments or modifications to this Agreement or to the Services may be made, nor any provision waived, unless the amendment or modification is made in writing and signed by persons duly authorized to sign agreements on behalf of all parties. 7. Notices. a. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: If to Corporation: City of Corpus Christi Business and Job Development Corporation Attn: President 1201 Leopard Street Corpus Christi, Texas 78401 If to City: City of Corpus Christi Attn: City Manager's Office 1201 Leopard Street P.O. Box 9277 Corpus Christi, Texas 78401 c. Notice is effective upon deposit in the United States mail in the manner provided above. Page 2 of 4 8. Relationship of Parties. In performing this Agreement, the Corporation and the City shall act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. CORPUS CHRISTI BUSINESS & CITY OF CORPUS CHRISTI JOB DEVELOPMENT CORPORATION Scott Harris Samuel Keith Selman President Interim City Manager Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Assistant City Attorney Page 3 of 4 EXHIBIT A The City will provide the following specific and measurable services for the Corporation: Service as the conduit for all primary/base employers interested in local assistance from Type A. Preparation of a proposal for each project and include information on the company, industry, markets, and products. Each proposal will document job creation and capital investment numbers for inclusion in the proposal. Suggest a proposed deal structure for each project. Preparation of an economic and fiscal impact analysis of the project. An analysis of the company's financial strength relative to industry standards. Development of the necessary performance agreements. Annual performance audits (compliance testing) and report of the findings to Type A . Preparation of proposals for all small business assistance programs. Processing of all invoices for payment Annual budget for small business assistance programs. Preparation of proposals for all education and job training skills development projects. Annual budget for education and skills development projects. City understands that Corporation funds approved for the promotion and development of new and expanded business enterprises will be used only for the following Projects and no others: a) Education/Skills Development. These funds will be used to make grants to companies and organizations to provide training, retraining and education to insure the knowledge and skills required for the jobs of the future are in place. b) Business Development/Incubation. These funds will be used to develop programs and facilities that assist small and start-up companies that have the ability to produce jobs for the future. c) Jobs. These funds will be used to assist companies in the creation of meaningful, wealth producing jobs (jobs that bring in dollars from outside the community) in Corpus Christi. Funds would be available to both existing and new companies. Page 4 of 4 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 27, 2018 Action Item for the City Council Meeting of December 04, 2018 DATE: November 27, 2018 TO: Keith Selman, Interim City Manager FROM: Kevin Norton, Director of Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Assistant Director of Financial Services -Purchasing Division KimB2cctexas.com (361) 826-3169 Backflow Prevention Testing services for Utilities Department CAPTION: Motion authorizing a two-year service agreement for the backflow prevention testing services with Smart Plumbing, Inc of Corpus Christi, Texas for an amount not to exceed $299,130 with a one-year option for a total potential multi-year amount up to $448,695.00. PURPOSE: This service will provide backflow prevention testing services at various Wastewater Treatment Plants and Construction meters for the Utilities Department. BACKGROUND AND FINDINGS: The Utilities Department's backflow preventer devices require annual inspection and certification pursuant to TCEQ regulations and the City of Corpus Christi's code requirements. The contractor will provide backflow prevention assembly testing, certification, repairs, and installation services. The Purchasing Division conducted a competitive RFB process to obtain bids for a new contract. The City received two responsive, responsible bids, and staff is recommending the award to the lowest, responsive, responsible bidder, Smart Plumbing 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: Water Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018- 2019 Current Year Future Years TOTALS Line Item Budget $991,354.9 $336,521.25 $1,327,876.15 Encumbered / Expended Amount $322,791.79 0.00 322,791.79 This item $112,173.75 $336,521.25 448,695.00 BALANCE $556,389.36 0.00 556,389.36 Fund(s): Water, Wastewater and Storm Water Comments: RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tabulation City of Corpus Christi Purchasing Division BUYER : JAPAN SHAH Bid Tabulation RFB 1680 Backflow Preventer Testing and Repairs for Utilities Department Asset Department Smart Plumbing Graf Plumbing Item Description Unit Qty Unit Rate Total Price Unit Rate Total Price 1 Backflow Testing and Certification for Construction Meters * no filing required EA 650 $ 84.00 $ 54,600.00 $ 125.00 $ 81,250.00 2 Backflow Testing and Certifciation * including filing fee EA 530 $ 104.00 $ 55,120.00 $ 150.00 $ 79,500.00 3 Labor for Backflow Repairs and New Installation Normal hours, Monday to Friday - 8:00 AM to 5:00 PM HR 1300 $ 75.00 $ 97,500.00 $ 110.00 $ 143,000.00 Estimated Spend Mark Up(%) Mark Up(%) 4 Parts/Material and New backflow $75,000 19% $ 89,250.00 33.33% $ 100,000.00 5 Filing fee for Newly Installed Backflow Prevention device allowance $2,660 $ 2,660.00 $ 2,660.00 $ 299,130.00 $ 406,410.00 SERVICE AGREEMENT NO. 1680 Backflow Prevention Testing for Utilities Department THIS Backflow Prevention Testing for Utilities Department Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Smart Plumbing Inc ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Backflow Prevention Testing for Utilities Department in response to Request for Bid/Proposal No. 1680 ("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 Backflow Prevention Testings 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 24 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 one-year periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then - current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3. Compensation and Payment. This Agreement is for an amount not to exceed $299,130.00, 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: Joanna Moreno Department: Utilities 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 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: Joanna Moreno Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, TX 78415 Phone: (361)-826-1649 Fax: (361)-826-4495 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Smart Plumbing Inc Attn: Reed Glendenning Title: President Address: P.O Box 81429, Corpus Christi, TX 78468 Phone: (361)-993-5039 Fax: (361)-993-7838 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 (SIGNATURE PAGE FOLLOWS) CONTRACTOR Signature: Printed Name: f' ��- �i�•,-�tiA/r Title: Date: 4),.// `r a,V CITY OF CORPUS CHRISTI Kim Baker Assistant Director of Finance - Purchasing Division Date: Aftached 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. 1680 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 A. The Contractor shall provide Backflow Prevention Assembly Testing and Certification, Repairs and Installation services for the Wastewater, Water, Storm Water and Gas Divisions of the Utilities Department at various locations listed under Work Locations. Backflow assemblies for construction meters are not listed under Work Locations. The list shall be provided on a monthly basis. B. The Contractor shall provide labor, materials, equipment and transportation necessary to perform the services for all locations. C. All work will be scheduled from Monday through Friday, excluding City holidays, between 8:00 AM to 5:00 PM. D. The Contractor shall provide this service for approximately 590 backflow prevention devices annually. All backflow devices are of Reduced Pressure Zone (RPZ) type, and range in size from 3/4" to 6". E. Back flow prevention assemblies for construction meters are attached to water construction meters that are installed on fire hydrants inside the city limits and in Extra Territorial Jurisdictions (ETJ's). The fire hydrants are owned by the City of Corpus Christi and are in a City utility easement, which allows ready access to the hydrant. Most of the assemblies are 2" or smaller. The estimated quantity of construction meters is 325. 1.2 Testing and Repairs A. The Contractor shall perform Backflow prevention testing in accordance with TCEQ chapter 478(6) regulations, the City of Corpus Christi 14-281 Plumbing code requirements, and other applicable state requirements. B. The Contractor shall make the necessary repairs for backflow devices that fail testing after obtaining approval from the on-site work Coordinator. The Contractor shall provide an estimated repair cost based on the contract pricing that includes labor and material cost and the replacement cost. C. There shall be no additional charges for retesting and certification for those devices repaired by the Contractor. 1.3 New Installation of Backflow Prevention Assembly A. Based on the repair cost versus the replacement cost submitted at the time of repair, the City may elect to purchase a new backflow prevention assembly. The on-site Work Coordinator must authorize the installation of a new assembly. B. New backflow prevention assemblies must be installed to the proper height, in such a manner that the serial number can be easily read. C. On newly installed devices, the Contractor shall note the Test and Maintenance Report as to which device it is replacing. Page 1 of 10 1.4 Test and Maintenance Reports A. The Contractor must file the Test & Maintenance Report (Form TCEQ-20700) with the City's Development Services via Brycer no more than 10 calendar days from the date tested. Test reports submitted late will be rejected and the tester will be required to retest the device, at no additional charge, and resubmit the report. B. Test and Maintenance Reports must be filled via Brycer for all backflow prevention assemblies tested under this contract, except for construction backflow assemblies. For these assemblies, the Test and Maintenance Report must accompany the invoice for payment to be processed. C. For newly installed back flow prevention assemblies, a Test and Maintenance report is required to be filled. D. Test and Maintenance reports must be filed for assemblies that are removed. There is no filing fee for removals. E. The Contractor shall record and track all inspections on its own database and shall notify the City three weeks prior to expiration testing date for the following year. 1.5 Compensation A. Testing/Certification - Testing will be paid at the unit price shown for testing. B. Repairs - Repairs will be paid for on a time and material basis at the rates listed in the contract. C. New Installation - It will be paid on a time and material basis at the rates listed in the contract and filing fee. No other charges will be allowed. 1.6 Contractor/Technician Qualifications A. The Contractor/Technician must hold a Backflow Prevention Assembly Tester license issued by the Texas Commission on Environmental Quality (TCEQ) B. The Contractor must register with the City's Development Service department to test within City limits. C. All new installations of backflow devices must be installed by a licensed plumber. 1.7 Invoicing A. Invoice pricing shall reflect pricing as shown on the contract pricing schedule, and shall be submitted as follows: 1. The original invoice will be submitted to: City of Corpus Christi C/o: Accounts Payable P.O Box 9227 Corpus Christi, TX 78469-9277 2. An electronic copy of invoice will be emailed to Utilitiesdelot@cctexas.com Page 2 of 10 B. The Contractor's invoice must contain the following: 1. Service Agreement No 2. Description must include a. Description of Service b. Service Address c. Date (s) of Service d. Serial # of device e. Size of device f. Pass/Fail Status 3. Itemized list of charges per device 4. Total hours billed 5. Itemized list of parts with accompanying invoice/receipt to verify markup 6. Name of authorizing City representative 7. Work order number - Construction 8. Test and Maintenance Report 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 Warranty The Contractor shall provide a one-year warranty on labor and one -year warranty or manufacturer warranty on new parts and new backflow preventer devices. 1.10 Special Instruction A. The Contractor shall report to the onsite City representative upon arrival. B. If the Contractor is required to leave the premises to obtain parts or other materials, onsite City representative must be notified. C. The Contractor shall only invoice the City for the time spent on the property. The City shall not pay for time spent in route or travelling to acquire parts/supplies. D. The Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall safeguard the area while services are being performed. The Contractor shall be responsible for assuring the safety of its employees, City employees, and the public during performance of all services under this agreement. E. The Contractor must clean work site from debris or hazards after completion of work. Page 3 of 10 F. The Contractor shall dispose all worn/defective parts, oils, solvents, in accordance with all applicable laws, rules and regulations as to ensure the highest level of safety to the environment and public health. 1.11 Work Locations City of Corpus Christi Wastewater 6325 Saint Tropez St. City of Corpus Christi Wastewater Plant 201 Jester St. City of Corpus Christi Wastewater 6541 Greenwood Dr. City of Corpus Christi Water Dept. Wells 2726 Holly Rd. #BL004 City of Corpus Christi Wastewater 7501 S. Staples St. City of Corpus Christi Wastewater 5352 Ayers St. City of Corpus Christi 201 Jester St. City of Corpus Christi Wastewater 945 Resaca St. City of Corpus Christi Storm Water Div. 1218 N. Water St. City of Corpus Christi Utilities Department 2726 Holly Rd. #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd. #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd. #BLOO4 City of Corpus Christi 13101 Leopard St. City of Corpus Christi Wastewater 5352 Ayers St. City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 5352 Ayers St. #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 5352 Ayers St. #BLOO4 City of Corpus Christi Water Dept. Wells 5352 Ayers St. #BLOO4 City of Corpus Christi Water Dept. Wells 2805 Bretshire Dr. City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 1602 Westridge Blvd City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 5352 Ayers St. #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 5352 Ayers St. #BLOO4 City of Corpus Christi Water Dept. Wells 5352 Ayers St. #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 2726 Holly Page 4 of 10 City of Corpus Christi Water Dept. Wells 2502 Lorine Dr. City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 4018 Berlet Ln. City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 5352 Ayers St. #BLOO4 City of Corpus Christi Water Dept. Wells 5352 Ayers St. #BLOO4 City of Corpus Christi Water Dept. Wells 5352 Ayers St. #BLOO4 City of Corpus Christi Water Dept. Wells 5352 Ayers St. #BLOO4 City of Corpus Christi Water Dept. Wells 5352 Ayers St. #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 5352 Ayers St. #BLOO4 City of Corpus Christi Water Dept. Wells 5352 Ayers St. #BLOO4 City of Corpus Christi Water Dept. Wells 5352 Ayers St. #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Wastewater 5352 Ayers St. City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Wastewater 6602 Williams Dr. City of Corpus Christi Wastewater 4101 Allison Dr. BLOO2 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Wastewater 1022 York Ave City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Wastewater 5352 Ayers St. City of Corpus Christi Storm Water Lift Station 7501 Cimarron Blvd. City of Corpus Christi Wastewater 5352 Ayers St. City of Corpus Christi Wastewater Plant 6541 Greenwood Dr. City of Corpus Christi Wastewater 4101 Allison Dr. BLOO2 City of Corpus Christi Wastewater 2221 S. Staples St. L/S City of Corpus Christi Utilities Department 2726 Holly Rd. #BLOO4 City of Corpus Christi Wastewater 4101 Allison Dr. BLOO2 City of Corpus Christi Wastewater 5352 Ayers St. City of Corpus Christi Stevens Water Treatment Plant 5352 Ayers St. Page 5 of 10 City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi 901 Resaca St. City of Corpus Christi Lift Station 2726 Holly Rd #BLOO4 City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Wastewater 5352 Ayers St. City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Storm Water Lift Station 5352 Ayers St. City of Corpus Christi Wastewater 945 Resaca St. City of Corpus Christi Wastewater 501 Nile Dr. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Storm Water Div. 1218 N. Water St. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi 501 Nile Dr. City of Corpus Christi Wastewater 4101 Allison Dr. BLOO2 City of Corpus Christi 501 Nile Dr. City of Corpus Christi Wastewater 501 Nile Dr. City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Wastewater 901 Resaca St. City of Corpus Christi Utilities Department 2726 Holly Rd #BL004 City of Corpus Christi Utilities Department 2726 Holly Rd #BL004 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells IH 37 Hwy Row City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Wastewater Plant 201 Jester St. City of Corpus Christi Wastewater 5352 Ayers St. City of Corpus Christi Wastewater 501 Nile Dr. City of Corpus Christi Stevens Water Treatment Plant 14211 Sand Dollar Ave. Page 6 of 10 City of Corpus Christi 501 Nile Dr. City of Corpus Christi Wastewater 501 Nile Dr. City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi 501 Nile Dr. City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 5225 Gollihar Rd. City of Corpus Christi Utilities 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BL004 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BL004 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BL004 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 Page 7 of 10 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BL004 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BL004 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BL004 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BL004 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 Page 8 of 10 City of Corpus Christi Utilities Department 2726 Holly Rd #BLOO4 City of Corpus Christi Utilities Department 2726 Holly Rd #BL004 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi 6541 Greenwood Dr. City of Corpus Christi Wastewater 6541 Greenwood Dr. City of Corpus Christi Wastewater 501 Nile Dr. City of Corpus Christi Wastewater 901 Resaca St. City of Corpus Christi Wastewater Plant 201 Jester St. City of Corpus Christi 501 Nile Dr. City of Corpus Christi Wastewater 501 Nile Dr. City of Corpus Christi Wastewater 501 Nile Dr. City of Corpus Christi Wastewater 501 Nile Dr. City of Corpus Christi Wastewater 901 Resaca St. City of Corpus Christi Wastewater 4101 Allison Dr. BLOO2 City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Wastewater 2092 Jamaica Dr. L/S City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Storm Water Lift Station 7501 Cimarron Blvd. City of Corpus Christi Wastewater 5352 Ayers St. #BL021 City of Corpus Christi Lift Station 2726 Holly Rd, #BLOO4 City of Corpus Christi Wastewater 2306 Pearse Dr. City of Corpus Christi Storm Water Lift Station 5352 Ayers St. City of Corpus Christi 5352 Ayers St. City of Corpus Christi 13101 Leopard St. City of Corpus Christi Water Dept. Wells 2726 Holly Rd. #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 Page 9 of 10 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Water Dept. Wells 2726 Holly Rd #BLOO4 City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Lift Station 5352 Ayers St. City of Corpus Christi Storm Water Div. 302 N. Shoreline Blvd. City of Corpus Christi Storm Water Div. 302 N. Shoreline Blvd. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. City of Corpus Christi Stevens Water Treatment Plant 13101 Leopard St. Page 10 of 10 Attachment B - Bid/Pricing Schedule Date: CITY OF CORPUS CHRISTI PURCHASING DIVISION + Addendum 1 BID FORM RFB No. 1680 Backflow Prevention Testing for Utilities Department 9/27/2018 Bidder: Smart Plumbing Inc Authorized 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 thls bld, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Purchasing office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY- 2 years Unit Price Total Price l Backflow Testing and Certification for Construction Meters *no filing required EA 650 84.00 54,600.00 2 Backflow Testing and Certification *including fling fee EA 530 104.00 55, 120.00 3 Labor- for Backflow Repairs and New Installation Normal Hours Monday to Friday - 8:00 AM to 5:00 PM HR 1300 75.00 97,500.00 Page 1 of 2 Page 2 of 2 Estimated Spend Mark up (%) 4 Parts/Materials and New backflow $75,000 19% 89, 250.00 5 Filing Fee for Newly Installed Backflow Prevention device Allowance $2,660 $2,660 Total $299,130.00 Page 2 of 2 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day advance written notice of 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 Page 1 of 3 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non -renewal, material change or termination in Page 2 of 3 coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 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 Inspect, Repair and Replace Backflow Preventers 07/05/2018 sw Risk Management Valid Through 12/31/2018 Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor shall provide one-year warranty on workmanship and one-year warranty or manufacturer warranty on new parts and new backflow prevention device. B. Any additional service call to repair deficiencies, previously addressed, will not be considered for payment. Page 1 of 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 27, 2018 Action Item for the City Council Meeting of December 4, 2018 DATE: November 27, 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 Supply Agreement for Neptune Water Meters for Utilities Department CAPTION: Motion authorizing a two-year supply agreement to purchase water meters from Neptune Technology Group Inc., of Tallassee, Alabama, via Houston -Galveston Area Council for a total amount not to exceed $782,810.23. PURPOSE: This agreement is for the purchase of Neptune Water Meters for the Utilities Department. BACKGROUND AND FINDINGS: The City of Corpus Christi has approximately 96,000 metered water connections with additional new service connections being added daily. These connections, whether as part of a new connection or regular maintenance, require the installation of components allowing the accurate measurement of water usage. The value in accurate reporting of water usage is illustrated in both operational planning and collection of revenues. The City of Corpus Christi has been utilizing Neptune meters as part of normal operating practices due to their cost, accuracy, warranty and integration with our current automatic meter infrastructure. These meters will be purchased through the HGAC cooperative. Contracts awarded through Houston -Galveston Area Council (HGAC) have been competitively procured and is in compliance with Texas local and state procurement requirements. 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: Water Utilities FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $2,171,362.98 $130,468.37 $2,301,831.35 Encumbered / Expended Amount $541,962.98 $0.00 $541,962.98 This item $652,341.86 $130,468.37 $782,810.23 BALANCE $977,058.14 $0.00 $977,058.14 Fund(s): Water Fund Comments: The cost is for a total amount not to exceed $782,810.23, with $652,341.86 funded in FY2018-19. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Price Sheet City of Corpus Christi Purchasing Division Buyer: Cynthia Perez Price Sheet Water Meters for Utilities HGAC Contract WM08-18 TOTAL $782,810.23 Neptune Technology Houston, Texas ITEM DESCRIPTION TOTAL 1 Meters $505,268.72 2 Registers $173,670.00 3 Compound/Strainer $48,965.51 4 Mag Meter/Ecoder Register $36,535.00 5 Kits, Pins, Register $4,805.00 6 HPT UME $13,566.00 TOTAL $782,810.23 SUPPLY AGREEMENT NO. 1956 Water Meters for Utilities Department THIS Water Meters for Utilities Department Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Neptune Technology Group, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Water Meters for Utilities Department in response to Request for Bid No. HGAC-Contract # WM08-18 ("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 Water Meters for Utilities Department 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 24 months. The parties may mutually extend the term of this Agreement for up to zero additional 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 $782,810.23, 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: Name: Joanna Moreno Department: Utilities Department Phone: (361) 826-1649 Email:joannm©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: Joanna Moreno Title: Contract Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1649 Fax: (361) 826-1715 IF TO SUPPLIER: Neptune Technology Group, Inc. Attn: Rex Baxter Title: Senior Territory Manager Address: 1600 Alabama Highway 229, Tallassee, Alabama 36078 Phone:(281) 794-4267 Fax: (334) 283-7293 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: Title: Lawrence M. Russo VP, Finance Date: October 29, 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 B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. HGAC- Contract #WM08-18 Exhibit 2: Supplier's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 1, 2018 Attachment A - Scope of Work 1.1. General Requirements A. The Supplier shall supply Water Meters and associated catalog parts as per HGACBuy Contract WM08-18. B. The Supplier is responsible for all shipping charges. C. The Supplier shall ship items ordered to: City of Corpus Christi Utilities -Water Department 2726 Holly Rd. Building 8-A Corpus Christi, TX 78415 Attachment B- Bid/Pricing Schedule ifIGACBuy CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases 1 Contract No.: wM08-18 Date Prepared: € 81311201$ This Worksheet is prepared by Contractor and given to End MUST be faxed to H -GAC @ 713-993-4548. Therefore User. If a PO is issued, both documents please type or print legibly. Buying Agency: City cr. Corpus Christi, Texas Contractor: Neptune Technology Group, Inc. Contact Person: Joanna Moreno Prepared By: Rex Baxter Phone: 361-826-1649 Phone: 281-794-4267 Fax: Fax: Email: JoannaM@cctcxas,com Email: rbaxterctncptunctg.com Catalog! Prlee Sheet Name: — 1 Neptune PL -35 price sheet General Description of Product: Nater Atetcrs (Registers) A:Catalbg./Price Sheet Items being purchased - ItemizeBelow - Attach Additional Sheet If Necessary. Quan Description Unit Pr Total 500 €RPH2G11S358 5:8" T -IO PROCODER REGISTER. $49.62 24810 1000 RPH2021S358 34" T -I0 PROCODER REGISTER $49.62 49620 1000 RPH2G31S358 1" T-10 PROCODER REGISTER $49.62 49620 500 RPH2G4I5358 112"T-10 PROCODER REGISTER $49.62 24810 500 RPH2G5 I 5358 2" T-10 PROCODER REGISTER $49.62 24810 0 i R7$G12S358 2" HPT PRO -READ REGISTER J.,__,..._,, $49.62 0 0 1R75022S358 3" HPT PRO -RED REGISTER::` _ _...... -� _ $49.62 $49.62 i 0 ift75G32S358 4" HPTPRO-READ REGISTER - #+ �- — { -� " ,. `- $49.62 € l -; 0 R75G42S358 6" HPT PRO -READ REGISTER $49.62 1 i . 0 IR75G52S358 8" HPT PRO -READ REGISTER $49.62 € 0 1R75G02S358 10" HPT PRO -READ REGISTER $49.62: 0 0 Use Additonal Sheet if all Option will not fit on this sheet. Include Total From Other Sheets, If Any: Subtotal A: 173670 B. Unpublished Options, Accessory or Service items - Itemize Below. Attach Additionai•Sheet If NeeesSary Note: Unpublished Items are any which were not submitted and priced in contractor's hid.) Quan Description Unit Pr Total Name of Unpublished Options (Items that were not include in bid submittal) 0 0 0 � t r Total From Other Sheets, If Any: Subtotal B: 0 Check: Total cost of l npublished Options (B) cannot exceed 25°0 of the total ,f the Base Unit Price plus Published Options (M -B). For this transaction the percentage is: 0°0 C. Trade -lies / Special Discounts 1 Other Allowances 1 Freight / installation / Miscellaneous Charges Trade -In 0 Freight - F.O.B.-City of Corpus Christi, Texas 0 Special Discount 0 Subtotal C• 0 Delivery Date:; 30 days ARO D. Total Purchase Price (A+S+C): 173670 Ii CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases Contract i No.: ` WM08-18 Date Prepared: 8/31/2018 This Worksheet is prepared MUST be by Contractor and given to End User. If a PO is issued, both documents faxed to H -GAC @ 713-993-4548. Therefore please type or print legibly. Buying Agency: City of Corpus Christi, Texas contractor: Neptune Technology Group, Inc. Contact Person: Joanna Moreno Prepared By: Rex Baxter Phone: 361-826-1649 Phone: 281-794-4267 Fax: -1 Fax: Email: JoannaM1 cctexas.com Email: rbaxter:a.neptunetg.com Catalog! Price Sheet Name: Neptune PL -35 pncc sheet General Description of Product: Water Aletcrs (T -Ill's and HPVs) A. Catalog / Price Sheet Items being purchased : IlemizeBelow - Attach Additional Sheet If Necessary Quan Description Unit Pr Total 1 ED2B21RPHG21S358 518X314" t -I0 METER $77.82 77.82 1000 ED2D2 1 RPHG2I S358 314" 1-10 METER $93.42 93420 f 250ED2F2IRPHG21S358 I" t-10 METER J. $138.23 34557.5 100 IED2H I I RPHG215358 11/2" t -I 0 METER $324.00 3240 125 i ED2J I I RPHG215358 21 t-10 METER $414.40 518(10 100 ET4HR7G8S358 11/2" HPT $480.35 48035 125 ET4AR7G8S358 2" HPT . .. _4, # $503.10 i 62887.5 100 €ET4BR7G8S358 3" HPT $705-90 I 70590 50 IET4CR7G8S358 4" HP1 — -; $920-51: 46025.5 $1,489-96 i 29799.2. 20 ET4DR7G8S358 6" HPT 10 ET4ER7G8S358 8" HPT 1 $1,915,67 1 19156.7 5 ET4FR7G8S358 10" HPT $3,303.90 I 16519.5 Use Additonal Sheet if all Option will not fit on this sheet. Include Total From Other Sheets, If Any: Subtotal A: 505268.72 B. Utipublisleti Options, At:cesSoty Or Service Bents— Itein1id Below - Attach Additional Sheet If Necessary (Note: Unpublished.Items are any which were not submitted and priced in contractor's bid.) Quan I Description Unit Pr Total :Name of Unpublished Options (Items that were not include in bid submittal) 0 0 0 0 Total From Other Sheets, If Any: Subtotal B: 0 Check: Total cost of Unpublished Options (B) cannot exceed 25°0 of the total of the Base Unit Price plus Published Options (A -FB) For this transaction the percentage is: 0" ° C. Trade-ins/ Special Discounts 1 Other Allowances /Freight / Installation / Miscellaneous Charges i. Trade -In 0 'Freight- F.O.B.- City of Corpus Christi, Texas 0 Special Discount 0 Subtotal C: 0 Delivery Date:'=: 30 days ARO D. Total Purchase Price (A+S+C): 505268.72 fieficauryCONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases Contracti No.: WM08-18 Date Prepared: 8 31 2018 This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H -GAC c. 713-993-4548. Therefore please type or print legibly. Buying Agency: City of Corpus Christi, Texas contractor: Neptune Technology Group, Inc. Contact Person: Joanna Moreno Prepared By: Rex Baxter Phone: 361-826-1649 Phone_ 281-794-4267 Fax: Fax Email: rolandGiacctexas,com Email. rbaxtcr rr neptunetg com Catalog / Price Sheet Name: Neptune PL -35 price sheet General Description of Product: Yater Meters (Compounds and Strainers) A. Catalog 7 Price Sheet Items being purchased - ItemizeBelow - Attach Additional Sheet If Necessary Quan Description Unit Pr Total I 1 EC2AR7G8S358 r TRV//FLO COMPOUND $1,107.25 € 1107.25y 2 EC2BR7G8S358 3" TRU(/FLO COMPOUND $1,588.26 I 3176.5 2 3 EC2CR7G8S358 4" TR-6/FLOCOMPOUND $2,140.34 1 6421,02€ 3 IEC2DR7G8S3S8 6' TRU!/FLOCOMPOUND $3,594.70 1 10784.11 I 153120-000 2" BRONZE STRAINER$319.30: 319.3 153107-000 BRONZE STRAINER $567.53 2270.12 153107-100 • •$682.89 i 3414.45 152000 -201 :••NIZE- gThRAIVER - $1,150.51 1 4602,04 3 152000-304 8" BRONZE STRAINER $2,101-26 1 6303.78 3 €52000402 10' BRONZE STRAINER $3,522.31 1 10566.93 0 0 Use Addltonal Sheet if all Option will not tit on this sheet. Include Total From Other Sheets, If Any: Subtotal A:1 48965 51 B. UUnpubllsht d Options, Acccssory.dr service Item's:. lthtrii2e Below - Attach Additional Sheet If NcCessary Note: Unpublished Items are•any which were.trat submitted.and priced in contractor's bid.l . Quan Description i Unit Pr Total :Name of Unpublished Options (Items that were not include in bid submittal) 0 0 0 Total From Other Sheets, If Any: Subtotal B: 0 Check: Total cost Of -Unpublished Options (8) cannot exceed 25°, of the total of the Base Unit Price Ius Published OptionsSA• B]. For this transaction the percentage is: 0°0 C. Trade -Ins/ Special Discontits 1 Other Allowances ( Freight ? installation 1 Miscellaneous Charges rade-In 0. Freight - F.O.B.- City of Corpus Christi, Texas 0 Special Discount 0 Subtotal C:1I 0 Delivery Date:; 30 days ARO D. Total Purchase. Price (A+B+C): 48965 51 ill Buy CONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases Contract No.: WM08-18 Date Prepared: 831/2018 This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H -GAC @ 713-993-4548. Therefore please type or print legibly. Buying .City of Corpus Christi, Texas Agency: Contractor: :Neptune Technology Group, Inc ContacPerson: :Joanna Moreno PreBpared Rex Baxter By: , Phone: :361-826-l649 Phone: 281-794-4267 Fat: Fat: Email:jloannaMl + cctexas.com Email: rbaxter'.�t neptunetg com Catalog! Price Sheet Name: Neptune PL -35 price sheet General Description Citing meters and oder registers) of Product: Vater Meters (lEe A. Catalog (Price Sheet Items beiagpurchased : ItemixeBelow _ Attach AdditionalSheet If Necessary. Quan I Description Unit Pr Total 1 1EM3A1RT3X311S358 2" MAG METER-- - - - i $2,625.00 2625 I 1EM3B1 RT3X3I 15358 3" MAG METER 1 $2,800.00 4. 28011 — 1 1EM3CIRT3X311S358 4" MAG METER • $3,000.00 i 3000 -. 1 IEM3D1RT3X31153586" MAC METER. I $3,250,00 ; 3250, 1 €EM3EIRT3X311S3588"MAO METER $3,700.00 1.700 1 i EM3F I RT3X3 I 1S358 10" MAG METER $4,600 00 ! 4600 i EM3G I RT3X31 15358 12" 11A'G METER T ' i $6,300-00 1 6300 I €EM3HIRT3X3I IS358 0MAG METE[: 'r ' ` - 58,400.00 8400 5 1RH2G11S3585,8" ECODER REGISTER 562.00 310' 1 15 RH2G215358 3.`4" ECODER REGISTER 562.00 1 93t:' 10 €RH2G3IS358 1" ECODER REGISTER 562.00 620 , 0 Use Additonal Sheet if all Option will not fit on this sheet. Include Total From Other Sheets, 11 Any: Subtotal A: 36535 B, Unpublished Options, Acct ssdry dr Ser'vicd items - Itcmizd. BeIdw -Attach Additional Sheet If Necessary (Note. Unpublished Items are any.which were not submitted and priced in contractor's bid.) Quan 1 Description 1 Unit Pr Total :Name of Unpublished Options (Items that were not include in bid submittal) 0 i i 0 0 0 Total From Other Sheets, if Any:l Subtotal B: 0 F Check: Total cost of Unpublished Options (B) cannot exceed 25% of the total ofFor this transaction the percentage is: the Base Unit Price plus Published Options (MB). 0° ° C. Triido-ins i Special Discounts/Other Allowances ( Freight ? installation 1 Miscellaneous Charges Trade -In 0 Freight- F.O.B.- City of Corpus Christi, Texas 0 Special Discount 0 Subtotal C: 0 .. Delivery. Date:; 30 days ARO D. Total Purchase. Price (A+B+C): 36535 IHIGAcBuirCONTRACT PRICING WORKSHEET For Catalog & Price Sheet Type Purchases Contract IDate No.: t WM08-18 Prepared: i 8!3112018 This Worksheet is prepared by Contractor and given to End User. If a PO is issued, both documents MUST be faxed to H -GAC @ 713-993-4548. Therefore please type or print legibly. Buying Agency: City of Corpus Christi, Texas Contractor: :Neptune Technology Group, Inc. Contact Person: Joanna Moreno Prepared 13y: Rex Baxter Phone: 361-826-1649 Phone: 281-794-4267 Fax: Fax: Email: jJoannaM@cctexas.com Email_ rbaxtera.neptunetg.com Catalog I Price Shed Name: Neptune PL -35 price sheet General Description - of Product: 140 ate:. Meters (Misc., Ecoder registers, Mach 10 meters) A. Catalog 1 Price Sheet hems being purchased - ItemizeBelow - Attach AddifionalSheet lf Necessary Quan Description Unit Pr Total 10 112482-002 Installation kit $3.50 1 35 2000 19601-001 register seal pin $0.22 i 440 5 :RH2G11S3585/8"ECODERREGISTER $70.00 350 15 1RH2O21S358 3/4" ECODER REGISTER - . ' . $70.00 1050 10 RH2G3lS358 1" ECODBR•REGISTER $70.00 700 1 1RH2G41S358 l 1/2" ECODER REGISTER rt .. -' $70.00 E 7(r R _EC IER'. - - Jx' ".. 570.00 1 7(} 1 -- RH2G5I S358 2" ECODERST r— .. 1 ? - ' f `�' * '�' (.tee 5 w}; _ 4 . .F. EUIB1GS358 5/8X3/4 MACH l0 $160,00 € 800 1 Eu1C 1GS358 3/4" MACH 10 5170.00 1 170, 1 1EUIDIGS358 3/4" SL MACH 10 $170.00 i 170 5 1EUIFIGS358I"MACH 10 $190.001 950 •a � Use Additonal Sheet if ail Option will not fit on this sheet. Include Total From Other Sheets, If Any: Subtotal A: 4805 B. Unpublished Options, Accessory or Servico items -.Itemize Below - Attach Additional Sheet if Necessary (.Note:. Unpublisheditems are any which were not submitted.and priced. in contractor's bid.) Quan i Description Unit Pr Total 1Name of Unpublished Options (Items that were not include in bid submittal) 0 0 0 0 Total From Other Sheets, 11 Any: Subtotal B: 0 Check: Total cost of Unpublished Options (B) cannot exceed 25°0 of the total of the Base Unit Price lus Published • tions A4-13).For this transaction the percentage is: 0` t C. Trade -Ins/ Special Discounts 1 Other Allowances !:Freight / installation 1 Miscellaneous Charges Trade -In 0 Freight- F.O.B.- City of Corpus Christi, Texas 0 Special Discount 0 Subtotal C: I 0 Delivery Date:; 30 days ARO D. Total Purchase Price (A+B+C): 4805 CONTRACT PRICING WORKSHEET iliGACBuyFor Catalog & Price Sheet Type Purchases Contract = WM08-I8 No.: i Date Prepared: 8'31'2018 This Worksheet is prepared MUST be by Contractor and given to End User. If a PO is issued, both documents faxed to H-GAC @ 713-993-4548. Therefore please type or print legibly. Buying (City of Corpus Christi, Texas Agency: Contractor: ;Neptune Technology Group, Inc. Contact :Joanna Moreno Penon: Prepared By: Rex Baxter Phone: 36 I -826-1649 Phone: 281-794-4267 Fax: i Fax: Email: ij.loannaM a cctexas corn Email: rbaxteryi neptunctg.com Catalog ! Price Sheet Name: Neptune PL-35 pnce sheet General Description of Product: Water Melen-11PT UME's A. Catalog (Price Sheet Items being:purchased - Itemize Below - Attach Additional Sheet If Necessary :• •::• •::• ::• Quan i Description i Unit Pr Total 10 :9700-0285358 2" HPT UME i 5357.00 3570 6 19700-128S358 3" HPT UME 5535.50 I 3213 2 19700-2285358 4" HPT UME 1 5714.00 1428 2 19700-328S358 6" HPT UME I $1,071.00 2142 19700-4285358 8" HPT UME ,a. . ' r'.-'' T'—; ''-1 51,428.00 I 1428 1 19700-5285358 10" HPT UME + . 1 i ' i 51,785.00 1 1785 r r r r. r w r♦ w•• w r. r r w r. w w a,a ►. +l a« l, 0 1 1 I Y 0 1 1 0 0 1 0 Use Additonal Sheet if all Option will not fit on this sheet. Include Total From Other Sheets, 1f Any: Subtotal A: [ 13566 B; Unpublished Options, Accessory or Service items - ithmizd Below - Attach Additional Sheet If NeCestary (lNote_ Unpublished Items are any which were not submitted and priced in contractor's bid. ) Quan i Description Unit Pr 1 Total ;Name of Unpublished Options (Items that were not include in bid submittal) 0 •• 1 0 0 a Total From Other Sheets, if Any:l Subtotal B:{[ 0 Check: Total cost of Unpublished Options (13) cannot exceed 25% of the total of the Base Unit Price plus Published Options (A*B), For this transaction the percentage is: 0°, C. Trade-Ins/ Special Discounts / Other Allowances f Freight/ Installation / Mlscellaneous.Chargcs Trade-1n 0 Freight- F.O.B.- City of Corpus Christi, Texas 0 Special Discount 0 Subtotal C:I 0 Delivery Date:I 30 days ARO D. Total Purchase Price {A+B+C): 1'1566 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 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. 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 Supply Service for Water Meters and Accessories 08/06/2018 sw Risk Management Valid Through 12/31/2018 N re c es En En tO r nm C mod OOO OOez suoIIPb 000'OOg' l D. 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I. al 4 3 c o m c Z 2 o c'i 4 ,o a Z . n m w.. a c= `.� 31.0 obi c •o roE DI � o,. 2 m a a n m n LQ !� ,o m N ,.moi 3 n a m L" O a o c N d n a' m m a w i m,$o' n .-'_ o m p m y II 5. n cn � eh 8 n 3 a c . 9 m• a• g s c w c n n 2 a p m ig m w o m n Q x a o o. gg 3 i0 o ff a a to cCO o m = N m '�' $iii 3 0 c O1 = g, ' g `,3 c n n i 7 m . 3 m y_ n_ SS n o 'o °i. fO 3 5 :? 3! m R" ? mo cn ¢ o AGENDA MEMORANDUM Future Item for the City Council Meeting of November 27, 2018 Action Item for the City Council Meeting of December 4, 2018 DATE: November 27, 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 Supply Agreement for Liquid Cationic Polymer for Water Treatment for the O.N. Stevens Water Treatment Plant CAPTION: Motion authorizing a one-year supply agreement for the purchase of liquid cationic polymer from Polydyne, Inc. of Riceboro, Georgia for a total not to exceed amount of $730,800.00. PURPOSE: This item is to approve a supply agreement for liquid cationic polymer for the O.N. Stevens Water Treatment Plant. BACKGROUND AND FINDINGS: The product liquid cationic polymer is the coagulant -aid used in the treatment of potable drinking water. 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, Polydyne, 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 $8,787,564.22 $182,700.00 $8,970,264.22 Encumbered / Expended Amount $2,756,257.11 $0.00 $2,756,257.11 This item $548,100.00 $182,700.00 $730,800.00 BALANCE $5,483,207.11 $0.00 $5,483,207.11 Fund(s): Water Fund Comments: The contract total is $730,800.00, of which $548,100.00 is funded in FY2018-19. RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation City of Corpus Christi Purchasing Division Buyer: Cynthia Perez Bid Tabulation RFB No. 1902 Liquid Cationic Polymer Total $739,500.00 $730,800.00 BASF Corporation Charlotte, NC Polydyne, Inc. Riceboro, GA Item Description Unit QTY Unit Price Total Price Unit Price Total Price 1 Liquid Cationic Polymer Wet Tons 435 $1,700.00 1 $739,500.00 $1,680.00 1 $730,800.00 Total $739,500.00 $730,800.00 SUPPLY AGREEMENT NO. 1902 Liquid Cationic Polymer (polyDadmac) THIS Liquid Cationic Polymer (polyDadmac) Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ("City") and Polydyne, Inc. ("Supplier"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Supplier has bid to provide Liquid Cationic Polymer (polyDadmac) in response to Request for Bid No. 1902 ("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 Liquid Cationic Polymer (polyDadmac) 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 zero additional zero -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 $730,800.00, 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. 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: Name: Diana Zertuche Garza Department: Utilities Phone: (361) 826-1827 Email: dianaG@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: Diana Zertuche-Garza Title: Contracts/Fund Administrator Address: 13101 Leopard Street, Corpus Christi, Texas 78410 Phone: (361) 826-1827 Fax: (361) 826-4488 IF TO SUPPLIER: Polydyne, Inc. Attn: Boyd Stanley Title: Vice -President Address: One Chemical Plant Road, Riceboro, GA 31323 Phone: (912) 880-2035 Fax: (912) 880-2078 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: V Printed Name: Boyd Stanley Title: Vice -President Date: 11/2/18 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. 1902 Exhibit 2: Supplier's Bid Response Supply 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 Supplier shall provide liquid cationic polymer (PolyDadmac) as outlined in this Scope of Work. 1.2 Scope of Work The Supplier shall supply PolyDadmac Solution based on the following product technical specifications: 1. The PolyDadmac Solution shall meet the following requirements: a. Weight percent of Active PolyDadmac Solids: 40.0 ± 1.0 wt.% b. Viscosity Range: 1000 to 3500 cps (centipoise); c. Molecular -Weight Range: 150,000 to 300,000; d. Homogeneity of Molecular Weight: +/- 50,000; e. Repeating Monomeric Unit: Diallyldimethylammonium Chloride hereinafter abbreviated as "DADMAC"; f. Specific Gravity: 1.06 to 1.09 g/mL; g. pH Range: 5.00 to 8:00; h. Water Solubility: Completely Soluble; i. Free DADMAC Equivalent Allowable Concentration in Product: <1,000 mg/kg; j. Dimethylamine Equivalent Allowable Concentration in Product: <735 mg/kg; k. Sodium Chloride Equivalent Allowable Concentration in Product: <1,000 mg/kg; I. Total Solids: 45 ± 2 wt.% 2. The Supplier shall comply with the American National Standards Institute/American Water Works Association Standard for Poly (Diallyldimethyl Ammonium Chloride), ANSI/AWWA B451-04 with addendum B451 a-07. 3. The Supplier shall comply with the American National Standards Institute/National Sanitation Foundation Institute Standard for Drinking Water Treatment Chemicals - Health Effects, ANSI/NSF 60 with respect to Polyelectrolytes used for water treatment and to present the occurrence and levels of contaminants associated with these products. 4. The Supplier shall provide proof that they are complying with ANSI/NSF 60 standards by supplying a list from NSF Products listing the website for their manufacturer. The agency must be recognized by the Texas Commission on Environmental Quality. 1.3 Bidding Instructions 1 All prospective bidders must deliver a minimum of 100 ml sample of the material bid to the O.N. Stevens Water Treatment Plant "ONSWTP" located at 13101 Leopard Street, Corpus Christi, TX 78410 in care of the Water Plant Manager for evaluation purposes. Such a sample shall be obtained from the Suppliers Plant production lot not from the Lab preparation, and shall be identified with date of sampling, lot number, plant location, and shall have a certificate of analysis that includes the parameters described in paragraph No. 1 of Section 4.2 of this bid. Additionally, product technical literature detailing recommended dosage, and any other pertinent data must also be furnished with the sample. The sample must be received by the Water Plant Manager seven (7) days after Pre -Bid Conference. 2. All prospective bidders must use the previously requested PolyDadmac Solution sample to perform two series of Jar Tests in the Process Lab at ONSTWP to demonstrate the applicability of the offered PolyDadmac solution. Dates and times for testing will be scheduled under request by the Plant Manager. ONSWTP will provide Jar test apparatuses, labware, and lab instruments required to analyze treated water parameters such as Turbidity, UV -254, pH, alkalinity, Chlorides, and Residual polymer as Quaternary Ammonium Compounds. Specially, ONSWTP will analyze Total Organic Compounds "TOC" for the treated water samples from jar tests at their Water Utility Lab at no cost for bidders. Each bidder will provide additional equipment necessary for testing. 3. Prospective bidders that do not participate and/or do not send the report of results from Jar Test demonstration will be automatically disqualified and will not be allowed to continue participating in this bidding process. 1.4 Delivery and Weighing Requirements 1. Each shipment shall be in approximately 25 -ton tank truck lots. Tank trucks shall be of appropriate design to hand this material safely and the shipping thereof shall meet all applicable U.S. Department of Transportation and State of Texas regulations. This statement shall be on each truck load lot "Notice: This material meets the requirements of AWWA B451-04 with addendum B451 a-07 Standard for Liquid Poly (Diallyldimethyl Ammonium Chloride)". 2. Each chemical shipment must be weighed by local certified scales before delivery to and after unloading at the O.N. Stevens Water Treatment Plant. The truck driver must promptly deliver chemical shipment weight "ticket" or legible copies to the City of Corpus Christi, Contract Administrator, 13101 Leopard St., Corpus Christi, TX 78469-9277. 3. Deliveries will be made Monday through Friday, 8:00 A.M. to 5:00 P.M. only, unless an emergency arises, then the Contract Administrator may approve after hour deliveries. 4. An affidavit of compliance, by the manufacturer, stating that at the time of loading, the POLYDADMAC solution furnished, complies with all applicable requirements of ANSI/AWWA B451-04 with addendum B451 a-07 and a Certified Analysis of each load shall be provided to the City of Corpus Christi, Plant Super Supervisor, 13101 Leopard St., Corpus Christi, Texas 78469-9277. This analysis shall include but is not limited to the parameters described in this scope of work. 1.5 Supplier Quality Control and Superintendence The Supplier 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 Supplier will also provide supervision of the work to insure it complies with the contract requirements. 1.6 OSHA and Training 1. The Supplier must comply with all requirements and standards of the Occupational Safety and Health Act. All appropriate marking(s) shall be in place before delivery. Items not meeting OSHA specification will be refused. 2. The Supplier shall provide training to City employees in the safe handling, storage, and use of the material on a semi-annual basis at the convenience of the City. This training shall include a presentation of sufficient length to visually portray the proper procedures of handling, storage, and use. Also, all information contained in the Safety Data Sheets shall be thoroughly covered. 1.7 Ownership City's ownership of the Liquid Cationic Polymer shall begin, and Supplier's ownership shall cease, upon the unloading of the chemical at the O.N. Stevens Water Plant. 1.8 Billing The Supplier must base billing and pay quantity for each chemical shipment on "local" certified weight tickets for delivery of Liquid Cationic Polymer. Attachment B - Bid/Pricing Schedule I852. Date: 10/26/18 Bidder: Polydyne Inc. CITY OF CORPUS CHRISTI PURCHASING DIVISION BID FORM RFB No. 1902 Liquid Cationic Polymer (polyDadmac) Authorized Signature: Boy/Stanley, Vice- PAGE 1 OF 1 jellt , sident 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. Do not write notes on the bottom of this page. Bidder will be considered Non -Responsive if the bid form is modified. Item Description UNIT 12- Month Qty. Unit Price Total Price 1. Liquid Cationic Polymer (polyDadmac)Clarifloc C-318 Wet Tons 435 $ 1,680.00/Ton $ 730,800.00 Total _. _ . _ . _ . _ $ 730,800.00 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 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 POLLUTION LIABILITY $1,000,000 Per Incident Limit 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 Utilities Chemical Delivery of Liquid Cationic Polymer 09/21/2018 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 27, 2018 Action Item for the City Council Meeting of December 4, 2018 DATE: November 27, 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 Amendment to Closed Circuit Televised (CCTV) Cleaning and Inspection of Large Diameter Wastewater Lines Service Agreement CAPTION: Motion authorizing an amendment to Service Agreement No. 1004 to allow a contract increase with CSI Consolidated, LLC dba Clean Service, LLC of Pearland, Texas for a not to exceed amount of $268,276.87 for revised contract total not to exceed $1,341,284.37. PURPOSE: The purpose of this Agenda Item is to allow a 25% contract increase of $268,276.87 for the remaining eight months of the contract. BACKGROUND AND FINDINGS: The Contractor provides CCTV inspection and cleaning of large diameter wastewater lines within the City's right-of-way and on public property. Due to the condition of the wastewater collection system pipelines worked during this portion of the contract term, the contract funds were depleted much sooner. Many of the wastewater lines required deep cleaning. ALTERNATIVES: None 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: Not applicable DEPARTMENTAL CLEARANCES: Utilities FINANCIAL IMPACT: X Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year 2018-2019 Current Year Future Years TOTALS Budget $6,653,966.30 $0.00 $6,653,966.30 Encumbered / Expended Amount $2,320,895.00 $0.00 $2,320,895.00 This item $268,276.87 $0.00 $268,276.87 BALANCE $4,064,794.43 $0.00 $4,064,794.43 Fund(s): Wastewater Fund Comments: This increase of $268,276.87 is funded in FY2018-19. RECOMMENDATION: City staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Amendment Service Agreement Amendment City of Corpus Christi Purchasing Division Date: October 31, 2018 Service Agreement No.: 1004 — Closed Circuit Televised (CCTV) Cleaning and Inspection of Large Diameter Waste Water Lines Reference: SA 1004 Amendment No. 2 Service Agreement Current Value: $1,073,107.50 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and CSI Consolidated, LLC dba Clean Serve, LLC, Pearland, Texas, hereinafter referred to as the Contractor, do hereby make and enter into this Amendment No. 2 (the "Amendment") which, together with the Service Agreement No. 1004 (the "Agreement") and all other duly executed amendments, constitutes the entire agreement between the City and the Contractor. Section 3. Compensation and Payment of the Agreement is hereby amended due to an unexpected amount of deep cleaning needed on wastewater lines to increase the current value of the Agreement by 25% for an amount not to exceed $268,276.87, with a restated value of the Agreement not to exceed $1,341,384.37. Compensation in future option years, if the options are exercised, will not be changed by this Amendment. The Contractor and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. L.Q=-2).-)V' David Groce Date Kim Baker Date CSI Consolidated, LLC dba Clean Serve, LLC Asst. Director of Financial Services City of Corpus Christi, Texas APPROVED AS TO LEGAL FORM: Assistant City Attorney Date \ \ CORPprk SERVICE AGREEMENT NO. 1004 CLOSED CIRCUIT TELEVISED (CCTV) CLEANING AND INSPECTION OF LARGE DIAMETER WASTEWATER LINES THIS Closed Circuit Televised (CCTV) Cleaning and Inspection of Targe Diameter Wastewater Lines Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation (''City") and CSI Consolidated, LLC dba Clean Serve, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Closed Circuit Televised (CCTV) Cleaning and Inspection of Large Diameter Wastewater Lines in response to Request for Bid/Proposal No. 1004/194 ("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 Closed Circuit Televised (CCTV) Cleaning and Inspection of Large Diameter Wastewater Lines ("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. This Agreement includes an option to extend the term for up to four 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 $536,553.75, 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 City of Corpus Christi Page 1 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 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: Name: Temple Williamson Department: Utilities Department Phone: 826-1805 Emai: Templew@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. (3) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple -release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and City of Corpus Christi Page 2 of 8 Service Agreement Standard Form Approved as to Legal Form 7/1/16 Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re -worked immediately at no charge to the City. If immediate correction or re -working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 3 of 8 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand -delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Temple Williamson Title: Interim Assistant Director of Wastewater Treatment Address: 2726 Holly Road, Corpus Christi, Texas 78415 Fax: 361-826-4317 IF TO CONTRACTOR: CSI Consolidated, LLC dba Clean Serve, LLC Attn: David Groce Title: Manager Address: 3808 Knapp Rd. Pearland, TX 77581 City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 4 of 8 Fax: 281-485-8820 17. CONTRACTOR AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS AND CAUSES OF ACTION OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL INJURIES (INCLUDING DEATH AND WORKERS' COMPENSATION CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS AGREEEMENT OR THE PERFORMANCE OF THIS AGREEMENT, REGARDLESS OF WHETHER THE INJURIES, DEATH OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 5 of 8 (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement and its attachments B. the bid solicitation document, including addenda (Exhibit 1) C. the Contractor's bid response (Exhibit 2) 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 23. 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 City of Corpus Christi Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form 7/1/16 all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) City of Corpus Christi Service Agreement Standard Form Approved as to Legal Form 7/1/16 Page 7 of 8 CONTRACTOR Signature: Printed Name: Title: 1,4 -de I -?5 r ��- Date:'l ` 17 • CITY OF CORPUS CHRISTI Signature: 767,e_ol-h_al_e_— Printed Name: rr•a - __V\ Title: r 0 C- 1' Date: %/// 7 Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachmerr C: Insurance/Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 1004/194 Exhibit 2: Contractor's Bid/Proposa Response C -y of Corp': Chrsi Service AgfPerner. Staracrd Fo-m,, Aoproved c; to Legal Form 7/ /16 ATTEST: C- ( (?,C1 REBECCA HUERTA C TY cFc'HETAPy 1L !AUinv.,;,... T mom ..V..... .r: RFr`P: TA 'ode 8 of 8 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide Closed Circuit Television (CCTV) Inspection and Cleaning of Large Diameter Wastewater Line within the City's right-of-way and on public property as outlined in this Scope of Work. 1.2 Scope of work A. General 1. The scope of work consists of furnishing all labor, materials, equipment, supervision and performing all work necessary to internally inspect, dean and record the condition of designated wastewater collection system pipelines ranging in diameter from 18" to 60". Work includes, cleaning of the pipeline (from the most upstream reaches of the study area downstream toward the outfall or lift station) using high pressure water jets, use of mechanical cleaning equipment or other means as may be required, removal of remote obstructions, and the transport and disposal of waste materials generated by the cleaning process. It is the intent in this project that NO flow control/bypassing of the system will be performed. All work will be performed with active flow conditions during all phases of the work. City crews will not be available for large duration assistance on any portion of the project. Approved methods for conducting the internal inspection of pipelines include the use or combination of closed circuit television cameras, sonar equipment, or pipeline scanners that are specifically designed for use in and for the inspection of large diameter wastewater collection system pipelines. The City shall not be held responsible for any delays in the work. The Contractor shall work with the City to minimize any delays. All work will be performed in accordance with these specifications with regard to quality, workmanship, hardcopies and electronic deliverables, and schedule. 2. The Utility Department will provide reference maps highlighting the wastewater line segments to be cleaned and inspected during this project. 3. The Utility Department will provide reference ID asset numbers for all manholes and pipelines on the maps. These reference numbers shall be utilized by the Contractor(s) on the video inspection reports. An Excel spreadsheet will be provided to the Contractor that will list upstream and downstream manhole locations, location descriptions, access location (i.e. street/easement), and GIS footage. Additional columns will allow the Contractor to record linear footage cleaned, segment CCTV footage, reversal linear footage, direction of camera travel, comments, and section complete status. RFB Template 10.10.16 Page 1 of 30 4. It shall be the responsibility of the Contractor(s) to adhere to all applicable OSHA rules and regulations while performing work on any and all City -related projects or jobs (to include, but not necessarily limited to "Confined Space Entry"). 5. The Contractor shall obtain all required municipal and other governmental license and permits. The Contractor shall obtain approval or consent from utilities or carriers, such as a telephone companies or other persons or organizations or authorities upon whose proper performance of work under the contract might affect. The contractor shall request written release from responsibility for the performance of work under the contract if and to the extent such work is preclude by the inability to obtain such approval or cons.ent. For the duration of the contract, the Contractor shall abide by all federal, state, and local laws and regulations. 6. The Contractor shall notify third parties (such as public and private utilities) of their intent to perform work in an area where such parties may have rights to underground property or facilities and request maps or other descriptive information as to the nature and location of such underground facilities or property and assurance of the Contractor's ability to enter upon any public private lands to which assess is required for performance of the work under contract. The Contractor shall obtain written permission for access to private property where easement is inadequate. 7. The Contractor shall review all available information pertinent to the project site, including reports prepared under previously accomplished studies or surveys and any other data relating to the design of the project, including maps, drawings, construction specifics, sewer system records etc., as provided by the City. The Contractor shall request these documents as least five days in advance. 8. The Contractor shall obtain a secure storage area of a size that can adequately accommodate the required equipment, vehicles, and materials for the period of performance of the agreement at the Contractor's expense. 9. The Contractor shall have the ability to communicate with the City at all times. 10. The Contractor shall have a cellular telephone at which the Contractor's superintendent can be reached at any time. The Contractor shall provide daily notification of work locations to the City's designated Project Representative. The Contractor shall also immediately notify the City in the event that a point repair is required or if lodged equipment causes a blockage, spill or an overflow. RFB Template 10.10.16 Page 16 of 59 11.If, during the Contractor's operation in the collection system, evidence of an imminent or potential pipe collapse (such as pieces of pipe, fresh soil, or backfill are noted in the debris removed from the system) or other situations that would result in a public hazard, the Contractor shall immediately halt work on that line segment and contact the City Administrator. 12. The Contractor shall make every reasonable effort to control sewer and other offensive odor in the areas surrounding the work by placing odor blocks and venting or covering opened manholes when required. 13. In the area where brush and other vegetation make access to the sewer mains designated for cleaning and inspecting less than desirable and/or the route to the sewer access point(s) is not via a recorded easement, the Contractor shall provide its own access to sewer access points for the purpose of cleaning and inspection. Contractor will coordinate with property owner/resident to unlock gates or secure livestock and/or pets during field activities. The Contractor shall respect all private and public property owner's rights. Any fence removal and replacement, clearing, mowing, and/or trimming of trees, bushes, grass, plants, etc. for the ingress and regress by the Contractor to a designated project site will be the Contractor's responsibility. 14. All customer that refusal to allow access, vegetation clearing, or any other work required by the contractor shall be referred to the City Administrator as soon practicable and documented in writing within 48 hours for City action and follow- up. B Work and Materials Provided by the City The Utility Department will provide the following at no cost to the Contractor: 1. Community awareness measures and project signage informing that sewer maintenance is scheduled with the Contractor. 2. Instructions on how to respond to residents that approach the Contractor during the sewer cleaning and inspection process. 3. Legal and physical access to collection system manholes on the portions of sewer within the project limits. 4. Exposure of buried manholes and assistance in opening seized manhole lids that could not be accessed or opened by the Contractor using normal industry standard procedures. 5. Any excavation, opening, backfilling, and/or repair of sewers, and/or streets, required to remove the Contractor's equipment caught in the sewer pipe due to sewer defects and not caused by the Contractor's negligence. See Section on "Emergency Pipeline Blockage Plan". RFB Template 10.10.16 Page 2 of 30 6. The Contract administrator will act as liaison between the Utility Department and the Contractor for the duration of the project. 7. A debris dump location to unload materials removed from the sewer pipes during cleaning. This facility is to be used only during the contract time limits and only for sewers located in Corpus Christi that have been authorized to be cleaned in this contract. 1.3 TRAFFIC CONTROL A. The Contractor shall be responsible for and provide sufficient traffic control measures to ensure safe conditions and to minimize inconveniences to motorists. Temporary traffic control devices shall conform to the latest edition of the Texas Manual on Uniform Traffic Control Devices, which provides a number of typical temporary traffic control plans that may be implemented into the project. The Contractor shall determine if revisions or modifications to these typical plans are required for any specific site and, when required by City staff, shall submit the plans to the Traffic Department for approval. The Contractor is responsible for determining whether the traffic control is sufficient for road/traffic conditions and for acquiring any necessary permits from the City. B. For work adjacent to, in, or under TxDOT ROW, the Contractor shall obtain all necessary TxDOT permits and strictly adhere to all provisions contained therein. C. The Contractor shall furnish, install, move, replace, and maintain all necessary temporary traffic controls, including, but not limited to, barricades, signs, barriers, cones, lights, signals, temporary detours, temporary striping and markers, flag -men and such temporary devices, and the relocation of existing signs and devices as necessary to safely complete the project. D. Temporary traffic controls shall be measured and paid on a per day basis. Payment for traffic control will be based on the roadway classification where traffic control measures are required. The four classifications to be utilized in this project are arterials (assumed to be 30% of work order sites), collectors (assumed to be 11% of work order sites), local access. streets (assumed to be 56% of work order sites and TxDOT ROW (assumed to be 3% of work order sites). These percentages are for information purposes only, are not guarantees, and will vary from actual quantities awarded. E. Arterial streets are those streets that bring traffic to and from the freeway and accommodate high volumes of cross-town traffic. Collectors are defined as those streets that collect and distribute traffic to and from local streets, other collectors, arterials, and freeway frontage roads. RFB Template 10.10.16 Page 3 of 30 F. Local access streets are defined as those streets that provide access to individual residences, elementary schools, and parks within a neighborhood. Street classifications are defined in and may be referenced in the latest edition of the City of Corpus Christi Urban Transportation Plan found on the City of Corpus Christi's website in the following location: http://www.cctexas.com/Assets/Departments/Development-Services/Files/design- standards/UrbanTransportationPlanMap.pdf G. TxDOT roadways/ROWs are those operated and maintained by TxDOT. A. Water Meter 1. The Contractor will obtain and place a refundable deposit on a City -provided hydrant meter to record water used for cleaning operations. Water will be provided at no cost to the Contractor, provided the Contractor submits monthly use records, as required by the City Administrator. 2. The Contractor will be allowed to use hydrants that are near the work being performed and will adhere to any restrictions in the event that specific areas are not available to obtain water. The Contractor will use caution when opening and closing hydrants to prevent surges, damage to hydrants, or turbidity within the water main. The Contractor will be responsible for any loss or neglectful damage to the hydrant meter and any damages to hydrants; it is the Contractor's responsibility to connect to hydrants that are observed to be in good condition. The City may withhold final payment until the water meter is returned in good condition. B Existing Utilities 1. The Contractor shall be held responsible for the protection of existing utilities, as well as all damage that may occur as a result of the operations. The Contractor shall be responsible for temporarily relocating utilities for the convenience of the Contractor. In areas where existing utilities are within and adjacent to the established limits of work and could be damaged as a result of the Contractor's operations, the Contractor shall take all necessary precautions to protect such utilities from damage. Furthermore, in the event that damage to other utilities occur, the Contractor shall be fully responsible for the repair of any such damage without additional cost to City or the affected utility owner. 2. It shall be the Contractor's responsibility to determine the exact location of existing utilities that may impact their work. RFB Template 10.10.16 Page 4 of 30 3. Where overhead power lines are in close proximity to the work, the Contractor shall comply with all state and local regulations and laws and contact, if necessary, the appropriate owner, generally AEP or Nueces Electric Cooperative. 1.4 Safety 1. The work contemplated under this project involves activities in and around confined spaces. The Contractor and/or a Contractor -independently -retained employee or safety consultant shall implement a confined space entry program in accordance with OSHA standards to govern the presence and activities associated with working in and around confined spaces. The Contractor shall, as a function of the Health and Safety Plan, implement a confined space entry program. 2. The Contractor shall maintain a copy of the Confined Space Entry Program on-site at all times. The Contractor shall take all necessary actions to ensure that the Contractor's employees and the employees of other contractors have read, understand and follow the plan. All employees to be utilized in confined space entry work must present certificates indicating confined space entry training by an entity certified to teach such training as defined by OSHA. A. Pre -Work Submittals 1. The submittal above shall be provided to the Contract Administrator after the Notice to proceed of the Contract but before commencing with the work. In providing approval of the above submissions, the City assumes no liability for the effectiveness of the plans and/or procedures. In no way does approval by the City relieve the Contractor of any liability under the contract. The required submittals are described in the following sections. 2. Contractor shall submit the following for approval: A. Resident Notification Letter (Sample Letter Included) B. Vehicular and Pedestrian Traffic Control Plan and Procedures a. The Contractor shall prepare and submit a generic traffic control plan that describes the measures that will be taken to control vehicular and pedestrian traffic during the course of the project in areas where normal traffic flow will be disrupted by the Contractor's operations. b. During the course of the cleaning and inspection of the wastewater collection system, it may become necessary or desirable to disrupt the normal flow of vehicular or pedestrian traffic in work area. These disruptions should be minimized and carried out in compliance with the City of Corpus Christi rules and regulations regarding temporary traffic RFB Template 10.10.16 Page 5 of 30 control and/or in compliance with other local entities having jurisdiction over the control and disruption of normal traffic flow. c. The Contractor shall also comply with the Texas Department of Transportation Manual on Uniform Traffic Control Devices and standards for traffic control in work areas. In the case of a conflict between standards, the local codes will govern. d. Any traffic control effort on major streets, arterials, or divided roads shall be submitted to the City Traffic Engineering Department for approval prior to implementing the traffic control plan. The Contractor is responsible for coordination of traffic control measures between local entities including, but not limited to, the City of Corpus Christi. The Contractor shall identify the locations of area where permits are required for work in right-of-ways in this plan. The City Administrator shall provide the right -of way permits, if necessary, identified by the Contractor upon ten (10) days advance notice by the Contractor of the requirement of the permits. The plan should cover all project areas and should have facilities and contingencies to cover all potential traffic related situations. C.Sanitary Sewer Overflow/Spill Response Plan a. The Contractor shall prepare and submit a detailed Sanitary Sewer Overflow/Spill Response Plan that describes, in detail, the measures that the Contractor will implement in the event that the in authorized and untreated wastewater is discharged from the collection system as result of the Contractor's operations. b. The City Administrator shall approve the plan prior to commencing work. Approval of the plan does not, in any way, relieve the Contractor of any liability under the contract. The plan shall include the following components as a minimum: • Sewage containment procedures • Emergency notification • Sewage cleanup procedures • Flow Control/Bypass flow control and plan c. The Contractor will be held liable for fines and costs, direct and indirect, associated with sanitary sewer overflow/spills that are caused, directly or indirectly, by its operations. The plan should cover work areas and should have facilities and contingencies to cover all potential sanitary sewer overflow abatement situations. Page 6 of 30 RFB Template 10.10.16 D. Emergency Pipeline Blockage Plan a. The Contractor shall prepare and submit a detailed Emergency Pipeline Blockage Plan that describes, in detail, the measures that the Contractor will implement in the event that the equipment that is being utilized by the Contractor or his agents becomes lodged in the pipeline and is not retrieved by non -intrusive methods. b. The City Administrator shall approve the plan prior to commencing work Approval of the plan does not, in any way, relieve the Contractor of any liability under the contract, at a minimum, the plan shall include the following components: • Sewage containment procedures • Emergency notification plan • Sewage cleanup procedures • Equipment removal c. The Contractor shall be responsible for the removal of equipment using non -intrusive methods. The Contractor will not utilize any intrusive methods other than via existing manholes or structures. In situations where it will be required to open the pipe for intrusive removal of equipment, the Contractor shall contract the City immediately so that the City can coordinate the removal of equipment for the Contractor. d. If the cause of equipment removal is due to Contractor negligence, the City will perform the operation and will in turn charge the Contractor for such work, including material, equipment, labor and overhead for repairs to pipelines, manholes, appurtenances, and surface restoration. e. If the removal is due to sewer defeat that were unforeseen or not avoidable (as determined by the City), then the City will provide at no cost to the Contractor. f. The Contractor will be held liable for fines, costs, direct, and indirect, associated with sanitary sewer overflow/spill and/or sewer blockages that are caused, directly or indirectly, by its operation. g. The plan should cover all project areas and should have facilities and contingencies to cover all potential pipe blockage and overflow situations. E. Health and Safety Plan (Including a Confined Space Entry Plan) RFB Template 10.10.16 Page 6 of 30 a. The Contractor shall submit a Health and Safety Plan in accordance with Occupational Safety and Health Administration (OSHA) Standards 29 CFR 1910 and 1926 to the City Administrator at or prior to the project kickoff meeting. The Health and Safety Plan will be submitted and reviewed prior to the start of work. b. The Health and Safety Plan shall clearly state the hazardous substances that may be encountered during the course of the Project and the protective safety procedures and equipment requirements for all tasks to be performed. Additional health and safety documents required are • A written Hazard Communication and written Confined Space Entry Program in accordance with City and OSHA standards. • Safety Data Sheet File • Operation guides and manuals for all equipment to be utilized on the project. • OSHA forms 200 and 101 c. The Contractor shall post all documentation as required by OSHA and the City and the Contractor shall require all on-site employees and subcontractors to read, sign and follow the Health and Safety Plan. A signed copy of the Health and Safety Plan shall be kept at the work site at all times. All Contractor employees and subcontractors shall be properly trained in accordance with applicable standards and regulations. The City shall not be responsible for any hazardous materials uncovered or revealed at any site where work is being performed during this project. d. The Contractor shall immediately notify the City Administrator of any suspected hazardous materials before or during the performance of work and shall take all necessary precautions to avoid the further spread or contamination of the environment by the materials. F. Sewage Backup/Building Remediation Services G. Quality Control and Assurance Plan H. Sewage Backup/Building Remediation Services 1.5 Pipe Cleaning Technical Provisions 1. General The work covered by these specifications consists of furnishing all equipment, materials, labor, supervision, and incidental items necessary to perform the cleaning RFB Template 10.10.16 Page 7 of 30 of the sanitary sewer collection system. Equipment shall be capable of cleaning and inspecting spans of sewer lines up to 1.500 linear feet or greater. 2. Cleaning Requirements The City of Corpus Christi Utility Department Pre -Treatment Division must inspect all equipment used by the Contractor to clean sewer lines or capture and transport debris and material removed from the sewer collection system. Contact Contract Administrator to schedule the inspection. All cleaning equipment and hauling vehicles used on this project must also be registered with the TCEQ, and proof of this registration must be provided to the City prior to any work being performed under the contract. 3. Equipment Requirements a. High -Velocity Jet (hydro Cleaning) Equipment i. All high -velocity sewer cleaning equipment shall be constructed for ease and safety of operation. The Contractor shall have a selection of two or more high -velocity nozzle. ii. The nozzles shall be capable of producing a scouring action from 10 to 60 degree in all size lines designed to be cleaned. The equipment shall carry its own water tank, auxiliary engines, pumps, and hydraulically driven hose reel. b. Hydraulically Propelled Equipment i. The equipment used shall be of a movable dam type and be constructed in such a way that a portion of the dam may be collapsed at any time during the cleaning operation to protect against the flooding of the sewer. The movable dam shall be equal in diameter to the pipe being cleaned and shall provide a flexible scraper around the outer periphery to ensure grease removal. ii. If sewer cleaning balls or other equipment that cannot be collapsed are used, special precautions to prevent the flooding of the sewers and public or private property shall be taken by the Contractor. Damages or claims resulting from backups and flooding shall be the responsibility of the Contractor. c. Mechanically Powered Equipment i. Bucket and/or winch machines shall be in pairs with sufficient power to perform the work in an efficient manner. Machines will be belt -operated or have an overload device. Machines with a direct drive that could cause damage to the pipe will not be allowed. A power rodding machine shall be either a sectional or a continuous rod type capable of holding a minimum of 750 feet of rod. The rod shall be specially heat-treated steel. RFB Template 10.10.16 Page 8 of 30 d. Jet Vac (Vactor) Cleaning Equipment i. Vactor cleaning equipment as necessary to remove debris during cleaning operation. 4. Execution a. General Sewer Line Cleaning i. Sewer line cleaning shall be performed with hydraulically propelled high - velocity jets, and/or mechanical power equipment. Equipment shall be based on field conditions, such as access to manhole, type and quantity of debris to be removed, size of sewer, and depth of flow. Selected equipment shall be capable of cleaning spans of sewer main at a minimum of up to 1,500 linear feet without the need for a reverse set-up unless authorized by the City Administrator. ii. Hydraulic or mechanical means shall be used to remove all dirt, grease, rocks, sand and other materials and obstructions from the sewer lines. The Contractor shall provide a mechanism to prevent debris from moving downstream from the line segment being cleaned. The method of cleaning for each segment shall be based on site conditions and shall be approved by the Engineer. iii. Cleaning shall start from the upstream reaches of the study area or neighborhood and progress downstream. b. Pre -Cleaning Exploratory Investigation i. Prior to commencing work on a line segment, the Contractor shall deploy an exploratory CCTV through the pipeline to determine approximate average debris levels and/or grout levels to determine payment under '`Light to Medium Cleaning", "Heavy Cleaning". "Light to Medium Grout Cleaning", and Heavy Grout Cleaning" for payment classification purposes. For pipe sections with normal wastewater debris, levels may be ascertained by debris levels at in-line manholes, with the concurrence of the Engineer. c. Root Removal i. Roots shall be removed within the cleaning limits and shall be considered part of sewer cleaning procedures. Special attention should be given during the cleaning operations to ensure complete removal of roots from the joints. Chemical means of root control or removal SHALL NOT be used on this project. d. Grease Removal ii. Grease shall be removed within the cleaning limits and shall be considered part of sewer cleaning procedures. Special attention should be given Page 9 of 30 RFB Template 10.10.16 during the cleaning operations to ensure the complete removal of grease from the top of the pipe. Procedures may include the use of mechanical equipment, such as rodding machines, bucket machine and winches using root cutters and porcupines, as well as equipment such as high -velocity jet cleaners and hot water. Chemicals means of grease removal using an EPA - approved chemical degreaser HALL NOT be used on this project without prior authorization from the Contract Administrator. e. Manhole Cleaning Walls shall be washed using high pressure jet capable of 1,500 psi. Debris from the vault or manhole shall be vacuumed and disposed of in same manner as debris removed from the sewer main cleaning. f. Debris Removal i. The Contractor shall dispose of debris removed from cleaning operations on this project at the Greenwood WWTP, location at 1541 Saratoga Boulevard, Corpus Christi, Texas 78415, unless otherwise directed by the City Administrator. The Contractor shall coordinate dumping with the City Utility Department at all times. The Contractor shall not be charged for disposal at the designated location for debris removed only from the City of Corpus Christi sewer system under this contract. The City will be responsible for the removal, cost, and disposal of dried solids. The Contractor will record debris volumes on the City of Corpus Christi Cleaning Logs. The Contractor shall not dispose of any debris from any other source(s) other than the City of Corpus Christi wastewater collection system at the Greenwood WWTP. Debris removal shall be included in the price bid for the various pipe line cleaning items. ii. The Contractor will be responsible for obtaining and maintaining all necessary permits to transport sludge waste in the State of Texas and the City of Corpus Christi. g. Cleaning and Inspection Notification i. The success of the Corpus Christi Utility Department Sewer Cleaning and Inspection Program is dependent upon close coordination of the City and Contractor activities affecting the City of Corpus Christi Utility Department customers in an effort to maintain customer cooperation. The following are the requirements for notifying affected customers of cleaning and television inspection activities. All procedures must be followed: RFB Template 10.10.16 Page l0 of 30 ii. A notice ("flyer") shall be provided to each residence and business a minimum of two (2) full working days prior to working in the area. The Notification flyer will inform the occupants of the purpose of the work, the possible events that may occur, and the telephone numbers to call if questions or problems arise. The master flyer for Notification will be provided to the Contractor for use in making all necessary copies of the flyer on white paper for distribution to residences and businesses. iii. The Contractor shall, on a daily basis, document all distribution of flyers. Documentation at a minimum shall include maps that show the areas that were notified, as well as the date and name of the person completing the notification. The Contractor shall provide this information to the Engineer and the City on a daily basis. The Contractor shall schedule work to be completed within five (5) working days from the day that the notices are distributed. If the work is unable to be completed in the notified area before the end of five working days, the area will be re -notified. h. Cleaning Precautions i. During sewer cleaning operations, satisfactory precautions shall be taken in the use of cleaning equipment. When hydraulically propelled cleaning tools (that depend upon water pressure to provide their cleaning force) or tools that retard the flow in the sewer line are used, precaution shall be taken by the Contractor to ensure that the water pressure created does not damage or cause flooding of public or private property being served by the sewer. ii. When additional water from fire hydrants is necessary to avoid delays in normal work procedures, the water shall be conserved and not used unnecessary. No fire hydrants shall be obstructed in case of a fire in the area served by the hydrant or as restricted by the City. The Contractor shall use a double backflow prevention device mounted on the fire hydrant in cases where the fire hose connected to the cleaning equipment is considered susceptible to contamination, regardless of the backflow configuration on the cleaning equipment. iii. The Contractor shall be responsible for any damages caused by its actions during this project. The Contractor will comply with all City of Corpus Christi Utility Department requirements. i. Remediation of Backup into Buildings i. Backups into buildings that occur during cleaning, inspecting, or plugging, require immediate remediation using the services of a local firm specializing in cleaning and disinfecting residences and business. Page 1 l of 30 RFB Template 10.10.16 ii. Upon discovery that a backup has occurred, the Contractor will immediately notify the Contract Administrator who will investigate the incident. The Contractor shall dry up the spill immediately and dispatch the cleaning service to professionally clean and disinfect the area. iii. The cleaning service firm shall be at the customer site within three hours of notification of backup occurrence, or otherwise schedule by customer. All communication will be through the Contract Administrator. iv. Documentation of the remediation services provided shall be given to the Contract Administrator. In the event that the customer refuses the remediation services, the Contractor shall provide a business card and contact name to enable the customer to schedule shall be documented by the Contractor and provide to Utility Department Representative. CCTV Requirements 1. General a. Closed circuit television inspection will typically be done under one or more of the conditions listed below. Requirements for on-screen labeling during each line segment set up televising, video file labeling and hard copy inspection reports will be specifically addressed. The Contractor shall neither request nor receive assistance from the City in the performance of work described in this specification. b. Unless otherwise specified and at the Contractor's expense, the Contractor shall provide for the control of wastewater flows and monitoring of the collection system for back-ups and surcharges, while flow control devices are in place. 2. Inspection Equipment and Methods a. Electronic inspections software that is NASSCO PACP (version 6.0 or greater) compliant shall be used to record the condition of each pipe segment inspected. The minimum header information required for each inspection is presented in Header Field Checklist herein. b. Video inspection is to be performed in the field by a NASSCO Pipeline Assessment and Certification Program (PACP) certified operator. The operator name and NASSCO certification number is required on each inspection. RFB Template 10.10.16 Page 12 of 30 c. The Contractor will perform closed circuit video inspections of the sewers using current state-of-the-art technology and trained employees. CCTV camera will use high-resolution color with an adjustable iris focus. d. The CCTV camera will have pan -and -tilt capabilities that allow up close and right-angled inspections of defected and other significant observations. The video camera will be equipped with a minimum of 1000 feet of video cable. Lighting on video camera will be suitable to allow proper illumination and clear video image of the entire periphery of the pipe. The camera will be operative in 100% humidity conditions. The camera, television monitor, and other components of the video system will produce a high quality video image. e. The capture system shall have the capability of recording, digitizing, and storing single frames of video images and "real time" live video, as well as collecting, storing, and printing pipeline inspection data for graphic display and report generation. The imaging capture system shall store digitized picture images, have the ability to export picture files to industry standard formats (jpg or format acceptable to City Administrator), be transferable to flash drives, DVDs or hard drives, and have the ability to be printed. In every case, all observations will be recorded in the field by currently certified PACP operators using PACP codes and protocols. Post inspection coding in an office will not be accepted. f. Footage distance measured by the video system will be accurate within 1% and will be used to determine footage for reporting and payment. The PACP distance between manholes (from exit wall to entrance wall) will be the reference point used to determine footage measurements. Video inspection will not exceed a traverse rate of 30 feet per minute to ensure that the sewer line can be thoroughly examined by the City while reviewing video. g. During the transit, the display must show the continued distance from the insertion manhole with an accuracy of +/- 1% of the actual length to help mark observations on the report form. The video must display all notable PACP observations/codes. h. The Inspection Report shall consist of conditions observations recorded using computer software generated formats conforming to NASSCO PACP version 6.0 or greater. Items considered notable include: deviations in alignment and grade; abnormal conditions of the pipe barrel and joints; locations and quantities of any sources of infiltration or inflow; dropped, Page 13 of 30 RFB Template 10.10.16 broken, properly/improperly installed service taps; debris, roots or other impediments to flow; and any other conditions that may either prevent the proper completion of the inspection or affect any proposed rehabilitation process. The camera should be panned and tilted at each (if any) observed service connection. Each pipe segment (manhole to manhole) shall be identified with an initial text screen and completed in accordance with Pipeline Assessment and Certification Program (PACP)'s CCTV inspection form header instructions and shall be as follows: RFB Template 10.10.16 Page 14 of 30 Header Field Checklist Field # Header Field l Mandatory Required for this Project 1 Surveyed By X l a Certificate No. X 2 Owner X 3 Customer X 4 Drainage Area 5 Sheet Number X 6 P/O Number 7 Pipe Segment Ref. (PSR) X 8 Date X 9 Time 10 Street X l0a City X 11 Location Details 12 Upstream MH No. X 13 Upstream MH Rim to Invert 14 Upstream MH Grade to Invert 15 Upstream MH Rim to Grade 16 Downstream MH No. X 17 Downstream MH Rim to Invert 18 Downstream MH Grade to Invert 19 Downstream MH Rim to Grade 20 Sewer Use X 21 Direction X 22 Flow Control X 23 Height X 24 Width X RFB Template 10.10.16 Page 14 of 30 25 26 27 28 29 30 31 Shape Material X Lining Method X Pipe Joint Length Total Length 32 33 34 35 36 X Length Surveyed Year Laid X X Year Renewed Media Label Purpose Sewer Category 36a 37 38 39 40 41 Pre -Cleaning Date Cleaned Weather Location X Additional Info. (Street or Easement) W/O # Project 42 Pressure Value X X X X X X 3. Flow Control a. The line shall be dewatered during inspection. A water jet cleaning unit will normally be running in the advance of the television camera to allow for the highest quality picture, along with a 360 -degree view of the pipeline. Dewatering shall remove standing water and visible moisture from the line segment to provide a clear 360 -degree view of the pipe being televised. An excessively high water level, condensation resulting in a blurred lens, or a submerged camera may be ground for rejection of the inspection. b. All sewer flow from intersecting lines, which cannot be drawn down with hydraulic jet nozzle, shall typically be controlled through the use of in-line plugs and/or vacuum trucks, and to the inspection for all lines sizes up to 60" inches in diameter. Plugs in interesting lines shall be installed by the Contractor. The Contractor shall also monitor the upstream system for back-ups and surcharges, which may lead to Sanitary Sewer Overflows (SSOs). The Contractor shall immediately report all sanitary sewer overflows to the City Administrator and City Call Center at (361) 826-2489. Flow Control devices shall be installed in accordance with all applicable OSHA and plug manufacturer recommendations, including, but not necessary limited to, confined space protocol. The Contractor certifies that all personnel working on the project have been trained in confined space, Page 15 of 30 RFB Template 10.10.16 use of flow control devices per manufacturer recommendation, traffic controls, and hazards associated with working in wastewater collection systems. c. No bypass pumping is anticipated under this scope of work. 4. CCTV Reverse Set -Up A CCTV reserve set-up is an attempt to view the line segment from the opposite direction due to an obstruction encountered during the initial set-up or a line segment that exceeds the 1000 feet CCTV cable length. 5. Easement Access The Contractor will be responsible for providing equipment, including, but not limited to portable CCTV equipment, vehicles capable of transporting TV equipment and accessing remote easements, and adequate cleaning equipment to perform the cleaning and inspection of lines located within easement areas. Easement areas are defined as those areas not accessible to normal vehicular traffic. 6. Work Hours Normal working hours shall be considered 8 AM to 5 PM, Monday - Friday for the duration of the project. When authorized/required by the City Administrator, the Contractor may perform inspection to be done during low flow periods, to minimize impacts on traffic safety, or for other reasons determined by the City. 7. Confined Space Entry When necessary to complete cleaning and inspection activates (including, but not limited to plugging, flow control, etc.), the Contractor may enter manholes. All pertinent OSHA regulations will be followed, and the Contractor will provide copies of confined spaces entry permits, if requested. 8. Deliverable a. Television Inspection Logs Electronic media inspection logs/record shall be kept by the Contractor and will clearly show the location, by distance in 1/10 of a foot, from the manhole wall, in relation to an adjacent manhole of each observation during inspection. In addition, other points of significance, such as locations of service connections, unusual conditions, roots, storm sewer connections, unusual conditions, roots, storm sewer connections, cracks, fractures, broken pipe, presence of scale and corrosion, and other discernible features, as defined in the PACP defect codes, will be Page 16 of 30 RFB Template 10.10.16 recorded on electronic media, and a copy of such records will be taken by the Contractor. Photographs shall be located by distance in 1 /10 of a foot, from the manhole wall, in relation to an adjacent manhole. b. Electronic Media Recordings i. The purpose of electronic media recording shall be to supply a visual record of the entire line segment that may be viewed by the Owner. Each original electronic media recording of conditions and defeats will be delivered to the City at least monthly, which summarizes the lines completed during the period. The submittal must agree with the monthly billing request in terms of unit quantities and electronic deliverables. ii. The Contractor is required to provide NASSCO PACP compliant computer software -generated Inspection Report products to the Owner, as a result of each work order issued. Acceptable submission become the property of the City. The electronic recordings will have ready -only software that will facilitate the viewing and printing of additional copies of the inspection report and the digital photographs. The CD, DVD -ROM, or hard drive will also include video that can be viewed. The electronic recordings will be compatible with Microsoft Windows 7 and will be delivered to the Utility Department within ten (10) calendar days of the last day of the performance period. c. Quality Control i. Inadequate main sewer preparatory cleaning, camera distortion, inadequate lighting, dirty or submerged lens, and blurry or hazy pictures that are determined to be the fault of the Contractor will be cause for rejection of the inspection effort. If the City does not approve of the quality of the deliverables, the Contractor shall repeat the documenting process at no cost to the City. d. Upon Completion of the Project i. Submission of one properly labeled flash drive, hard drive, or DVD (as appropriate for the size of the project) will be required, along with one hard copy report. The media will be properly labeled to identify the contents. The media will be labeled, either typed or neatly printed, with the following information on the cover/container with electronic text included on the root drive of the media: Project Name RFB Template 10.10.16 Page 17 of 30 • Work Order • Contractor Name, Address, Contact Number • Date ii. All required reports, databases, photographs, and video are to be from City approved, software -generated formats. Hard copy reports will be printed single -side on 8 1/2 " x 1 1 " paper, in color, to improve the definition of problem areas, and delivered with the media. iii. The final project submittal must be reconciled with the monthly billing with regards to quantities of work completed or any exceptions noted. . iv. One report is required for each project (which may consist of an entire main line) The Contractor's supposed software must be approved before the first Work Order is initiated. The final submittal must include a table of contents that summarizes all line segments that were cleaned, televised, and inspected with CCTV logs arranged in order by the PACP PSR identification number, beginning with the lowest number up to the highest number. The Contractor shall submit a sample of the proposed report to the City for review and approval 9. Measurement and Payment A. Measurement 1. The qualities for payment under each work order shall be determined by field measurement prior to the approval of the work order being issued. RFB Template 10.10 16 Page 18 of 30 Hard Copy ✓ On Media 1. Project Summary Report (pdf or approved equal) ✓ 2. CCTV Defect Listing Log (pdf or approved equal) ✓ ✓ 3. Condition Code Summary (pdf or approved equal) ✓ ✓ 4. Cleaning Log (pdf or approved equal) ✓ ✓ 5. NASSCO PACP compliant Access Database ✓ 6. Video Files (mpeg, wmv or approved equal) ✓ 7. Defect photographs (jpeg or approved equal) ✓ 8. Cleaning Log Summary (xls or approved equal) ✓ iv. One report is required for each project (which may consist of an entire main line) The Contractor's supposed software must be approved before the first Work Order is initiated. The final submittal must include a table of contents that summarizes all line segments that were cleaned, televised, and inspected with CCTV logs arranged in order by the PACP PSR identification number, beginning with the lowest number up to the highest number. The Contractor shall submit a sample of the proposed report to the City for review and approval 9. Measurement and Payment A. Measurement 1. The qualities for payment under each work order shall be determined by field measurement prior to the approval of the work order being issued. RFB Template 10.10 16 Page 18 of 30 2. The City does not expressly or implicitly agree that the actual amount of the work to be done in the performance of the contract will correspond with the quantities in the Bid Proposal Sheet. The amount of work to be done may be more or less that said quantities and may be increased or decreased by the City as circumstances may require. The increase or decrease of any quantity shall not be regarded as grounds for an increase in the unit price or in the time allowed for the competition of the work, except as provided in the contract documents. B. Payments 1. Payments to the Contractor shall be made on the basis of the prices in the contract and shall constitute full and complete payment for furnishing all materials, labor, tools and equipment, for providing all reports and data deliverables and for performing all operations necessary to complete the work included in the work orders. Such compensation shall also include payments for any loss or damages arising, directly or indirectly, from the work or from any discrepancies between the actual quantities of work and those shown in the work orders. Unless otherwise noted in contract, the prices include all costs and expenses for mobilization, including, but not limited to: taxes, labor, licenses, equipment, materials, commissions, transportation charges and expenses, patent fees and royalties, labor for handling materials during inspection, and the maintenance of traffic, along with any and all other costs and expenses for performing and completing the work, as described in the delivery order and specified herein. 2. The basis of payment for an item at the price shown in the contract shall be in accordance with its description of the item in this Section and as related to the work specified. Unit prices will be applied to the actual quantities furnished and installed in conformance with the work orders. 3. The Contractor's attention is called to the fact that the quotations for the various items of work are intended to establish a total price for completing the work in its entirety, including the necessary reporting and documentation. C Payment Items a. Mobilization RFB Template 10.10.16 Page 19 of 30 1 Item No. 1 Sewer Cleaning, CCTV Job Mobilization This price shall be per each mobilization for each sewer cleaning/inspection work order unless work crews are onsite and given continuous, consecutive work orders. Payment for job mobilization shall be for all items and shall be included in the lump sum price. This item will include all operations necessary for the preparatory work and operations in mobilizing to begin work on the project, including, but not limited to: multiple operations necessary for the movement of personnel equipment, supplies, and incidentals to the project site; sanitary and other facilities as required by these specifications and state and local Taws and regulations, along with any other pre -construction expense necessary for the start of the work; permits and fees, construction schedules, shop drawings, temporary facilities, lay down storage area, construction aids, pre -construction documentation, traffic control devices, work associated with the Contractor support during reviews and inspection, re -inspection and storage, and final site clean-up. 2. Item No. 2 Emergency Job Mobilization a. This lump sum item shall be for mobilization within 4 hours of notification and authorization from the City. b. Payment for emergency mobilization shall be for all items and shall be included in the lump sum price. This item will include all operations necessary for the preparatory work and operations in mobilizing to begin work on the emergency project, including, but not limited to: multiple operations necessary for the movement of personnel, equipment, supplies and incidentals to the project site, sanitary and other facilities as required by these specifications and state and local laws and regulations, along with any other pre -construction expense necessary for the start of the work; permits and fees, construction schedules, shop drawings, temporary facilities, lay down storage area, construction aids, pre -construction documentation, erosion control, traffic control devices, temporary traffic control plans, work associated with the Contractor support during reviews and inspection, re- inspection and storage, and final site clean-up. D. Traffic Control RFB Template 10.10.16 Page 20 of 30 RFB Template 10.10.16 a. Item No. 3 Arterial Streets Traffic Control for (Five Lanes or Greater) This lump sum price is per day for traffic control devices for arterial streets for each work order. b. Item No. 4 Collector Streets Traffic Control for (Three or Four Lanes) This lump sum price is per day for traffic control devices for collector streets for each work order c. Item No. 5 Residential Streets Traffic Control for (Two Lanes) This lump sum price is per day for traffic control devices for residential streets for each work order. d. Item No. 6 TxDOT ROW for Traffic Control e. This price is per day for traffic control devices for work adjacent to, in, or under TxDOT ROW for each work order. f. Item No. 7 Changeable Variable Message Boards Price and payment per day will be full compensation for furnishing, installing, operating, relocating, maintaining and removing changeable message signs. E. Line Cleaning a. Item Nos. 8 - 17 Line Cleaning, Light to Medium Cleaning 1. Light to medium cleaning is for pipes with 0% to 20% (inches of debris/diameter of pipe x100) debris levels. 2. Pipe size shall be the diameter of the pipe or slip liner. 3. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which cleaning was performed between manholes, measured to the nearest foot from inside wall of the manhole to the inside wall of the other manhole, and not including the manhole chamber. 4. Payment will be paid at the unit price per linear foot for the gravity main size. b. Item Nos. 18 - 27 Line Cleaning, Heavy Cleaning 1. Heavy cleaning is for pipes with 20% or greater (inches of debris/diameter of pipe x 100) debris levels. 2. Pipe size shall be the diameter of the pipe or slip liner. 3. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which cleaning was performed between manholes, measured to the nearest foot from inside wall of the manhole to the inside wall of the other manhole, and not including the manhole chamber. Page 21 of 30 c d. e. 4. Payment will be paid at the unit price per linear foot for the gravity main size. Item Nos. 28 - 37 Line Cleaning, Grout Removal, Light to Medium Cleaning 1. Grout that is present in the line due to faulty previous liner installation. For pipes with 20% or less (inches of grout/diameter of pipe x 100) grout debris levels. 2. Pipe size shall be the diameter of the pipe or slip liner. 3. Measurement shall be made and based on the horizontal projection of the centerline of pipe in which grout cleaning was required and performed, measured to the nearest foot. 4. Payment will be paid at the unit price per linear foot for the gravity main size. Item Nos. 38 - 47 Line Cleaning, Grout Removal, Heavy Cleaning Grout that is present in line due to faulty previous liner installation. For pipes with greater than 20% (inches of grout/diameter of pipe x 100) grout debris levels. 2. Pipe size shall be the diameter of the pipe or slip liner. 3. Measurement shall be made and based on the projection of the centerline of pipe in which grout cleaning was required and performed, measured to the nearest foot. 4. Payment will be paid at the unit price per linear foot for the gravity main size. Item No. 48 Reverse Set -Up 1. Reverse CCTV Set -Up shall only be measured and paid if an obstruction is encountered during the initial set-up that could not be removed, requiring the Contractor to relocate to another manhole, upstream or downstream of the original manhole, and/or if the segment length exceeds the cleaning hose (1500 feet) or No reverse set-up fee will be does not fit due to physical 1. horizontal CCTV cable (1000 feet) lengths. authorized if the CCTV camera restrictions at the reverse location. f. Item No. 49 Add For Items 8 - 47 1. Price per Linear Foot (additional) For Approved Scheduled After - Hours Work and/or emergency call outs, AH Pipe Sizes. F. CCTV Inspection a. Item Nos. 50 - 59 CCTV Inspection 1. Measurement shall be based on the linear feet of sewer main televised. RFB Template 10.10.16 Page 22 of 30 RFB Template 10.10.16 2. Pipe size shall be the diameter of the pipe or slip liner. 3. Payment will be at the contract unit price shown for linear feet and shall be full compensation for the item of work completed. The deliverables shall be acceptable to the City. If the deliverable is unacceptable, the Contractor shall re -televise the sewer main to ensure that it is acceptable to the City, at the Contractor's cost. The unit price shall provide full compensation for all work required, including, but not limited to: mobilization, furnishing all labor, equipment and materials, for cleaning, flow isolation, TV inspection, and all incidentals related to sewer mains inspection. Page 23 of 30 CORPUS CHRISTI LARGE DIAMETER SANITARY 'MAINS T---CLEANED: ALLISON TREATMENT AREA Wastewater Gravity Mains PIPESIZE � �� CORPUS CHRISTI LARGE DIAMETER SANITARY SEWER MAINS TO BE CLEANED: BROADWAY TREATMENT AREA 1 Wastewater Gravity Mains PIPESIZE t. c ...a_..n....-.arneef Sam...wn•T,..cn<r.Anos Vie'laaisc raf CORPUS CHRISTI LARGE DIAMETER SANITARY SEWER MAINS TO BE CLEANED 1.�... ae. 1.. 1•'f •f • Wastewater Gravity Mains PIPESIZE tom 24 34 Miles - 20 in 4 23 Miles - 21 n 4 40 Lines = 24 in 20 39 Miles 26 in 0 05 Innes 27 in 5 77 Miles 30:n 7 07 Miles 36 in 9 71 Riles 42 in 4 69 Miles 4a in 1 69 Lutes - '4 n 1 99 Mlles - 60 u: 1 43 Mlles /t 2f• .. G.c...r. 15.7 CORPUS CHRISTI LARGE DIAMETER SANITARY SEWER MAINS TO BE CLEANED: GREENWOOD TREATMENT AREA ti Wastewater Gravity Mains PIPESizE CORPUS CHRISTI LARGE DIAM SANITARY SEWER MAINS TO BECLEANED LAGUNA TREATK�ENTAREA � Wastewater Gravity Mains PIPESIZE • "- — � � |--~~~'`LA�GE' /cn SANITARY SEWER MAIN&TO35 CLEANED: �^ Wastewater Gravity Mains Ipso °.`~ -_°.°.. ., CORPUS CHRISTI LARGE DIAMETER SANITARY SEWER MAINS TO BE CLEANED. WHITECAP TREATMENT AREA Wastewater Gravity Mains PIPESIZE 33 c urneu ?al ego L•. e•.ar :ewer . ear, r, T1.1.71a-.l: ea{ 'LB airar act •-..d Attachment B: Bid/Pricing Schedule ,h aP70P� 1852 CITY OF CORPUS CHRISTI BID FORM PURCHASING DIVISION RFB No.194 Closed Circuit Televised (CCTV) Cleaning and Inspection of Large Diameter Wastewater Line 652"e'o../sehde -ed C.Zed1 Authorized efect.v.5erve t j '. _ Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a /the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices; b.' Bidder is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's purchasing office, pursuant to the Code of Ordinances, is current and true. c.' Bidder is current with all taxes due and company is in good standing with all required governmental agencies. d.'Bidder acknowledges receipt and review of all addenda for this RFB. e./The estimated quantities of services are as noted on the Bid Sheet herein. Although actual quantities may vary, the descripTions and estimated quantities are to form the basis of the unit prices submitted by the Bidder. PAGE 1 OF 2 Item Description 1 UNIT 1 JOB MOBILIZATION 2 JOB MOBILIZATION 3 TRAFFIC CONTROL 4 TRAFFIC CONTROL 5 TRAFFIC CONTROL SEWER EA CLEANING, 1 CCTV EMERGENCY EA ARTERIAL DAY STREET COLLECTOR DAY STREET LOCAL DAY ACCESS STREET QTY 6 1 20 10 20 Unit Price Total Price WO, 000 Item 6 7 Description TRAFFIC CONTROL TRAFFIC CONTROL 8 LIGHT TO MEDIUM CLEANING 11 12 13 LIGHT TO MEDIUM CLEANING LIGHT TO MEDIUM CLEANING LIGHT TO MEDIUM CLEANING LIGHT TO MEDIUM CLEANING I TXDOT ROW CHANGEABLE VARIABLE MESSAGE BOARDS (EA) 18" PIPE SIZE UNIT IDAY DAY QTY I Unit Price Total Price 5 3,,5--(90° / 75-00 00 40 LF 12,500 1 20-21" PIPE j LF 1,500 SIZE 3 7s- oc7 a. 4s' 13, .z as 24" PIPE SIZE LF 2,500 I 27" PIPE SIZE LIGHT TO MEDIUM CLEANING 14 LIGHT TO MEDIUM 15 I CLEANING LIGHT TO MEDIUM CLEANING 16 17 LIGHT TO MEDIUM CLEANING LIGHT TO MEDIUM CLEANING 18 HEAVY CLEANING 19 HEAVY CLEANING LF 1,200 Ia grs- 30" PIPE SIZE LF 36" PIPE SIZE LF I i 42" PIPE SIZE 1 LF I 48" PIPE SIZE I LF 1 1,200 1_57-6 6- 1,500 j�ts I r-fr757'an 1,200 "..91f, ! 76 see,. 800 54" PIPE SIZE I IF 800 60" PIPE SIZE I LF 800 20 i HEAVY CLEANING 21 ; HEAVY CLEANING 22 ; HEAVY CLEANING 23 HEAVY CLEANING 24 HEAVY CLEANING 6.40 y 30 18" PIPE SIZE I LF 1 2,500 5�/0 20"-21" PIPE LF 1,500 ff-/b SIZE 24" PIPE SIZE LF 2,500 i /a, 3S ! yq b° 27" PIPE SIZE 30" PIPE SIZE ! 25 I HEAVY CLEANING ' 26 HEAVY CLEANING LF 1,200 12, 3.5 I /j► 5(a0. 4-,,? LF 1,200 ay. 70 q 6 fro 40 111 36" PIPE SIZE LF 1,500 le.Zit 7 ' 37, 03-6. °P I I 142" PIPE SIZE f LF ; 1,200 I o�q. is- 3i cry/p0.° 48" PIPE SIZE LF 800 1,A9. Is— 023, 32'. t� 54" PIPE SIZE 27 I HEAVY CLEANING , 60" PIPE SIZE 128 ' LIGHT TO MEDIUM GROUT ' 18" PIPE SIZE 1 REMOVAL CLEANING I 1 LF 800 1 4'/ 7o 33, 36 0. LF 800 i9/ 70 33, 360 °°' LF 500 5-0 ga oD L. Item L I Description 29 I LIGHT TO MEDIUM GROUT 120%21" PIPE 30 31 32 33 • REMOVAL CLEANING LIGHT TO MEDIUM GROUT REMOVAL CLEANING LIGHT TO MEDIUM GROUT REMOVAL CLEANING SIZE 24" PIPE SIZE ' LF 27" PIPE SIZE LF 150 UNIT (LF QTY Unit Price 250 I f<5-0 500 /0.io Total Price 1,211.Z5700 00 lo. by LIGHT TO MEDIUM GROUT REMOVAL CLEANING 30" PIPE SIZE LIGHT TO MEDIUM GROUT ' 36" PIPE SIZE REMOVAL CLEANING 34 j LIGHT TO MEDIUM GROUT 42" PIPE SIZE REMOVAL CLEANING 35 LIGHT TO MEDIUM GROUT 48" PIPE SIZE REMOVAL CLEANING 36 37 38 39 LF 150 /.2. 7-S` LF •I LF LF 250 LIGHT TO MEDIUM GROUT 54" PIPE SIZE I LF REMOVAL CLEANING LIGHT TO MEDIUM GROUT 160" PIPE SIZE LF REMOVAL CLEANING HEAVY GROUT REMOVAL '18" PIPE SIZE I LF CLEANING HEAVY GROUT REMOVAL 120" - 21" PIPE t LF CLEANING I SIZE /2. 73- 150 / 0,o 75 / v b /SGc.c“) 3,/17.-.720.257-00 75 2 5 S o /'/o2 . s'v 75 cc, 110/6"... Li 9/� . s.b 500 .2 0. 9,5 /O, ic 75: oa 250 ;020. qs- 40— HEAVY GROUT REMOVAL 124" PIPE SIZE I LF 500 CLEANING 41 I HEAVY GROUT REMOVAL 1 27" PIPE SIZE I LF ' 150 CLEANING I 42 I HEAVY GROUT REMOVAL 30" PIPE SIZE I LF I 150 'CLEANING 43 HEAVY GROUT REMOVAL 1 36" PIPE SIZE I IF 250 CLEANING i 44 1 HEAVY GROUT REMOVAL 142" PIPE SIZE LF 150 I CLEANING 45 j HEAVY GROUT REMOVAL 148" PIPE SIZE LF CLEANING 46 HEAVY GROUT REMOVAL 54' PIPE SIZE I LF 47 I CLEANING HEAVY GROUT REMOVAL 60" PIPE SIZE LF CLEANING 48 REVERSE SETUP -?- Sis� `241' S5_ al. 70 -9 70 37 s- 3, v ALL PIPE SIZES I EA 49 ADDER FOR ITEMS S-47 ; COST PER I LF r---- (ADDITION) 50 CCTV 18" PIPE SIZE LF 75 3755' 75 5-6.oo ?d0 (JU 75 5(o . "b 4,0 -1-- 1 0 /eco. °O cvo0 0 100 . SSD 5-E9 o0 2,500 jI_ • a /023'0° II Item I 51 I CCTV I52 I CCTV L 53 I CCTV II 54 I CCTV 55 !CCTV Description UNITi QTY Unit Price ' Total Price I20"-21"PIPE ILF 1,500 ,fjs' oo i� SIZE I �`�75, j 124" PIPE SIZE I LF 2,500 I , 90 ; a,aS d. 00 1 127" PIPE SIZE LF 1,200 i q0 • " 30" PIPE SIZE 1 LF11, / 65 -200 / - I _ I /a6. 0. 00 136" PIPE SIZE ILF ' 1,500 /. p,5- /S-iS --I 156 I CCTV 42" PIPE SIZE j LF 11,200 /, /v /, 340 od i' 57 CCTV --1 48" PIPE SIZE LF 800 /. /0 I ffi(d " f 58 CCTV 54" PIPE SIZE LF 800 /, ad j yGv, `"a I I _ 59 CCTV 60" PIPE SIZE j LF 800 51 ,2 Cl p. 0 0 Total - 534 I 1 Attachment C: Insurance/Bond 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 AUTO LIABILITY (including) 1. Owned 2. Hired and Non -Owned 3. Rented/Leased $1,000,000 Per Occurrence $2,000,000 Aggregate $1,000,000 Combined Single Limit WORKERS'S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability POLLUTION Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 $1,000,000.00 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. Page 1 of 3 RFB Template 10.10.16 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 insured 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 Page 2 of 3 RFB Template 10.10.16 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 Wastewater Wastewater Line Cleaning and Inspection 5/26/16 my Risk Management RFB Template 10.10.16 Page 3 of 3 Attachment C: Bond Requirements No bond requirements necessary for this service agreement; section 5.(B) is null for this service agreement. Attachment D: Warranty Requirements No warranty requirements necessary for this service agreement; section 8. Warranty is null for this service agreement. 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: 2017-192193 Date Filed: 04/13/2017 Date 4ck owledged: 1 i Utz/(2c\1 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. CSI Consolidated, LLC dba Clean Serve, LLC Pearland, 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 cdntract, and provide a description of the services, goods, or other property to be provided under the contract. 1004 Closed Circuit Televised (CCTV) Cleaning and Inspection of Targe Diameter Wastewater Lines 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary CSI Consolidated, LLC Phoenix, AZ 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 1 JZ SZ taQwanoN . saJidx3 uotsstwwo0 � R h, Z3W09 MNNHS `, �dM� Si n t re of authorized agent of contracting business entity this the 13th day of April AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said Kent Ford 20 17 , to certify which. witness my hand and seal of office. Notary Public ()1r, Shana Gomez Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath ommission www.ethics.state.tx.us Version V1.0.883 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 27, 2018 Action Item for the City Council Meeting of December 4, 2018 DATE: TO: October 31, 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, P.E., Executive Director of Water Utilities dang@cctexas.com (361) 826-1718 Construction Contract McBride Lift Station and Force Main Improvements (Wastewater CIP) CAPTION: Motion to authorize execution of a construction contract with J.S. Haren Construction Company of Athens, Tennessee in the amount of $3,437,000 for the McBride Lift Station and Force Main Improvements project. PURPOSE: This project will replace the existing Lift Station and Force Main (FM) crossing Interstate Highway 37 (IH -37). The lift station will be reconstructed with new wet well, pumps, pipping and controls to increase pumping capacity and the Force Main will be replaced with a new 18 -inch PVC encased in 24 -inch fusible pipe. BACKGROUND AND FINDINGS: The McBride Lift Station is part of Greenwood Wastewater Treatment Plant (WWTP) basin and serves an industrial sector adjacent to the Ship Channel. The lift station discharges to a 16 -inch FM that conveys wastewater flows along McBride Road south to Greenwood WWTP. The structures and systems are beyond their useful design life. A major portion of the existing 16 - inch FM was rehab/replaced under previous projects except for the section that crosses IH 37 Project No. E14054: 1 PM/LH Legistar No.: 18- 1415 Rev. 5 — 11/08/18 from the McBride Lift Station. The Force Main crossing on IH 37 is experiencing degradation and capacity constraints to meet flows. This project replaces the existing lift station with new wet well, pumps, piping and controls and includes the installation of 700LF of new 18 -inch force main with 24 -inch PVC casing via directional drill. The project was developed with a Base Bid as follows: BASE BID: Project consists of replacing the existing lift station with construction of a new 18 -foot diameter concrete lift station wet well with four (4) new submersible 85 HP pumps, piping, manifolds and odor control system. The new lift station also includes new control building, new standby generator and transformer with SCADA system upgrades, site work, and new perimeter fence. The project includes replacement of approximately 700LF of 18 -inch FM along McBride Road with three new 5 -foot diameter fiberglass manholes. The FM section across IH 37 includes a new 24 - inch PVC casing. On September 26, 2018 the City received proposals from five (5) bidders. A summary of the responsive bids provided below. BID SUMMARY CONTRACTOR BASE BID J.S. Haren Construction Company Athens, Tennessee $3,437,000.00 CPC Interest, LLC (dba) Clark Pipeline Services Corpus Christi, Texas $3,973,567.74 Black Castle General Contractor New Braunfels, Texas $4,095,720.00 Persons Services Company LLC Humble, Texas $4,117,440.39 Bridges Specialties Inc. Robstown, Texas $4,174,728.00 Engineer's Opinion of Probable Cost $4,300,00.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: The force main crossing under IH -37 requires coordination and a utility permit from TxDOT. LJA engineering Inc., is the design firm and was selected under the RFQ 2014-08 CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2018 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency Project No. E14054: 2 PM/LH Legistar No.: 18- 1415 Rev. 5 —11/08/18 DEPARTMENTAL CLEARANCES: Water Utilities Department FINANCIAL IMPACT: ❑ Operating ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 466,300 4,500,000 300,000 5,266,300 Encumbered / Expended Amount 466,300 466,300 This item 3,437,000 3,437,000 Future Anticipated Expenditures This Project 883,843 883,843 BALANCE 0 179,157 300,000 479,157 Fund(s): Wastewater CIP #11. RECOMMENDATION: Staff and LJA Engineering Inc., recommend awarding the construction contract to J.S. Haren Construction Company. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Project No. E14054: 3 PM/LH Legistar No.: 18- 1415 Rev. 5 — 11/08/18 PROJECT BUDGET ESTIMATE McBride Lift Station and Force Main Improvements Wastewater CIP FUNDS AVAILABLE: Wastewater CIP 5,266,300 TOTAL FUNDS AVAILABLE $ 5,266,300 FUNDS REQUIRED: Construction and Contingency Fees. 3,780,700 Construction (Mako Contracting) THIS ITEM 3,437,000 Contingency (10%) 343,700 Construction Inspection and Material Testing Fees - Construction Inspection (Estimate) 184,321 Construction Phase - Materials Testing Services (Estimate) 78,995 263,316 Design and Geotechnical Testing Fees. 477,812 Engineer (Coym Rehmet Guitierrez) Amendment 1 49,655 Engineer (Coym Rehmet Guiterrez) Engineering Design 391,870 Geotechnical Testing (Tolunay Wong Engineers) 36,287 Reimbursement and Miscellaneous Fees. 265,315 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 105,326 Engineering Services (Project Mgt/Constr Mgt) 157,989 Misc. (Printing, Advertising, etc.) 2,000 TOTAL $ 4,787,143 ESTIMATED PROJECT BUDGET BALANCE $ 479,157 NUECES BAY PROJECT LOCATION Mc Bride Lift Station PROJECT LOCATION Force Main 4' 0 0 SCALE: N.T.S. CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI 44 LAGUNA MADRE LOCATION MAP NOT TO SCALE Project Number: E14054, Mc Bride Lift Station and Force Main Improvements CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES war Corpus Crrr sti Engineering McBride Lift Station and Force Main Improvements Council Presentation November 27, 2018 Project Location Corpus Carr. sti Engineering PROJECT LOCATION McBride Lift Station MEM la-FrrI ArCios CORPUS CHRIST INTERNATIO AL AIRPORT PROJECT LOCATION Force Main CORPUS CHRIST BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI SCALE: N.T.S. 2 Project Vicinity Corpus Chir sti Engineering Project Scope Corpus Carr sti Engineering 1. Demolish and replace the McBride lift station 2. Construct 700 feet of 18 -inch force main by directional drill under IH -37 and tie into existing force main. The new McBride lift station major elements include: ■ New Motor Control Center (MCC) for electrical power and controls ■ Odor control system ■ Four (4) Submersible 85 HP pumps with piping, valves, etc. ■ Standby generator and transformer ■ Reinforced concrete wet well ■ Security electronic fencing and gate with access system ■ SCADA system upgrade Project Schedule Corpus Chir sti Engineering 2018 2019 NOV DEC Award JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Construction Projected Schedule reflects City Council award in December 2018 with construction completion in December 2019. AGENDA MEMORANDUM Future Item for the City Council Meeting of November 27, 2018 Action Item for the City Council Meeting of December 4, 2018 DATE: TO: November 7, 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 Construction Contract Downtown Road and Streetscape Improvements (Bond 2014, Proposition 2) CAPTION: Motion to authorize execution of a construction contract with Mako Contracting of Corpus Christi, Texas in the amount of $736,683.85 for Downtown Road and Streetscape Improvements project for the base bid. PURPOSE: This project will improve the overall streetscape in the Downtown area by adding elements such as trash cans, dog waste stations, vegetated planters, light pole medallions, and signage. BACKGROUND AND FINDINGS: There are currently no standardized streetscape elements installed in the Downtown area. When projects are implemented Downtown the resulting elements have been inconsistent with other adjacent areas, resulting in a non -cohesive feel Downtown. The Downtown Management District (DMD) recently completed a "Downtown Corpus Christi Brand Guide", which provided direction in the colors and logos that should be used in the various Downtown districts. This project beautifies the Marina Arts District section of the Downtown (bounded by Lower Broadway on the west, Shoreline Drive on the east, 1-37 on the north, and Project No.: E15098 1 SW/VP Legistar No.: 18-1407 Rev. 1 — 11/07/18 Coopers Alley on the south) by adding trash cans, dog waste stations, vegetated planters, light pole medallions, and signage in designs and colors that match the recently completed Brand Guide, and will bring a cohesive look to the Downtown area. On October 24, 2018 the City received proposals from three (3) bidders. A summary of the bids is provided below. BID SUMMARY CONTRACTOR BASE BID Mako Contracting Corpus Christi, Texas $736,683.85 Abba Construction Laredo, Texas $963,262.70 CPC Interests, dba Clark Pipeline Services Corpus Christi, Texas $1,148,668.58 Engineer's Opinion of Probable Cost $784,000.00 ALTERNATIVES: 1. Authorize execution of a construction contract. (Recommended) 2. Do not authorize execution of a construction contract. (Not Recommended) OTHER CONSIDERATIONS: Freese and Nichols, Inc., is the design firm selected for this project under Request for Qualifications No. 2014-08. CONFORMITY TO CITY POLICY: Complies with statutory requirements for construction contract procurement. Conforms to FY 2019 Capital Improvement Planning (CIP) Budget. EMERGENCY / NON -EMERGENCY: Non -Emergency DEPARTMENTAL CLEARANCES: Street Department Project No.: E15098 2 SW/VP Legistar No.: 18-1407 Rev. 1 — 11/07/18 FINANCIAL IMPACT: ❑ Operatin ❑ Revenue X Capital ❑ Not applicable Fiscal Year 2018-2019 Project to Date Expenditures (CIP only) Current Year Future Years TOTALS Budget 49,959 1,442,541 7,500 1,500,000 Encumbered / Expended Amount 49,959 184,891 234,850 This item 736,684 736,684 Future Anticipated Expenditures This Project 140,668 7,500 148,168 BALANCE 0 380,298 0 380,298 Fund(s): Street Bond 2014 RECOMMENDATION: Staff and Freese and Nichols, Inc., recommend awarding the construction contract to Mako Contracting. LIST OF SUPPORTING DOCUMENTS: Project Budget Location Map Presentation Letter of Recommendation Project No.: E15098 3 SW/VP Legistar No.: 18-1407 Rev. 1 — 11/07/18 PROJECT BUDGET ESTIMATE Downtown Road and Streetscape Improvements Bond 2014 Proposition 2 FUNDS AVAILABLE: Street Bond 2014 $ 1,500,000 TOTAL FUNDS AVAILABLE 1,500,000 FUNDS REQUIRED: Construction: Total Construction Construction (Mako Contracting) THIS ITEM 736,684 Contingency (10%) 73,668 Construction Inspection and Testing: Total Construction Inspection and Testing Construction Inspection (Estimate) 52,500 Construction Phase - Materials Testing Services (Estimate) 24,500 Design: Total Design Engineer (Freese and Nichols) Preliminary Design 49,959 Engineer (Freese and Nichols) Engineering Design 184,891 810,352 77,000 234,850 Reimbursements: Total Reimbursements 76,000 Contract Administration (Engineering Svcs Admin/Finance/Capital Budget) 30,000.00 Engineering Services (Project Mgt/Constr Mgt) 45,000.00 Misc. (Printing, Advertising, etc.) 1,000.00 TOTAL $ 1,198,202 ESTIMATED PROJECT BUDGET BALANCE $ 301,798 NUECES BAY SCALE: N.T.S. PROJECT LOCATION CORPUS CHRISTI BAY TEXAS A&M UNIVERSITY CORPUS CHRISTI 44 LOCATION MAP NOT TO SCALE LAGUNA MADRE Project Number: E15098' Downtown Road and Streetscape Improvements (Bond 2014, Prop 2) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES war Corpus Chr sti Engineering Downtown Road and Streetscape Improvements (Bond 2014, Proposition 2) Council Presentation November 27, 2018 Project Location Corpus Chr sti Engineering PROJECT LOCATION CORPUS CHRISTI INTERNATIO AL AIRPORT CORPUS CHRISTI BAY SCALE: NTS. 2 Project Vicinity Corpus Chr sti Engineering Downtown Road and Streetscape Improvements SCALE: N.i.S. 1 Planters Signage 4I fee i„s Project ScopeICY4- JCorpus Chr sti Engineering • This project beautifies the Marina Arts District by adding: ➢ trash cans ➢ dog waste stations ➢ vegetated planters ➢ light pole medallions ➢ signage • Designs and colors match recently completed Downtown Corpus Christi Brand Guide • Brings a cohesive look to the Downtown area downtown corpus Christi Typical Elements Corpus Chr sti Engineering 11, * benches not included in this project 5 Project Schedule Corpus Chr'sti Engineering 2018 2019 Sep Oct Nov Dec Jan Feb Mar Apr May Bid/Award Construction Project Estimate: 150 Calendar Days = 5 Months F� NICNOLS Innovative approaches Practical results Outstanding service 800 N. Shoreline Blvd., Suite 1600N • Corpus Christi, Texas 78401 • 361-561-6500 • fax 361-561-6501 October 30, 2018 Jeff Edmonds, P.E. Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Re: Downtown Road and Streetscape Improvements (Bond 2014) City Project No. E15098 Mr. Edmonds: www.freese.com The City of Corpus Christi received two (2) sealed bid proposals for the above referenced project on October 24, 2018 at 2:00 p.m. at the City Secretary's office and one (1) bid thru CivCast. The project bid included a base bid for the improvement of the overall streetscape in the project area, defined as bounded by Lower Broadway on the west, Shoreline Boulevard on the east, I-37 on the north, and Coopers Alley on the south. The intent of the project is to maximize visual impact on as much of this area as possible. This includes adding streetscape elements such as trash cans, dog waste stations, vegetated planters, light pole medallions, and signage. There are no additive alternates included in the project. Attached are the bid tabulations of the three (3) bid proposals. We have received and reviewed the Statement of Experience of the two (2) lowest bidders and have found them to be satisfactory. The apparent high bidder did not submit the Statement of Experience within the required time limit. Additionally, the reference for the apparent low bidder were reviewed and verified. All the bid proposals were properly executed and submitted in compliance with the bidding requirements for this project. The bid breakdown for the three bidders is shown on the attached Tabulation of Bids and are summarized below. It should be noted that the apparent low bidder, Mako Contracting, had a bid irregularity that had to be addressed prior to tabulation of the bid results. Bid Item A2 "Bonds and Insurance (2.5% Max.)" was input by Mako Contracting as $18,750 in the bid form which corresponds to 2.544% of the total bid. Once corrected by Freese and Nichols, Inc. (FNI) to the 2.5% maximum, Bid Item A2 was reduced to $18,417.10. Mako Contracting was contacted an agreed with the correction. The bid tabulation provided indicates that correction. Bidder Base Bid Mako Contracting, LLC $736,683.85 Abba Construction, LLC $963,262.70 CPC Interests, LLC - DBA Clark Pipeline Services $1,148,668.58 October 30, 2018 Page2of2 Mako Contracting, LLC is the apparent low bidder for the project. Therefore, FNI recommends that the City award the construction contract for Downtown Road and Streetscape Improvements (Bond 2014) (City Project No. E15098) to Mako Contracting, LLC of Corpus Christi, Texas in the amount of $736,683.85 for the Base Bid. If you have any questions regarding this matter, please feel free to contact us. Sincerely, FREESE AND NICHOLS, INC. Shane Torno, P.E., P.M.P. Attachments: Tabulation of Bids TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Shane Torno, P.E. FREESE AND NICHOLS, INC. BID DATE: October 24, 2018 TIME OF COMPLETION: 120 Calendar Days ENGINEER'S ESTIMATE: $784,000 DOWNTOWN ROAD AND STREETSCAPE IMPROVEMENTS (BOND 2014) - CITY PROJECT NO. E15098 BASE BID Mako Contracting 3636 S. Alamenda, Suite 3153 Corpus Christi, TX 78411 ABBA Construction PO Box 451441 Laredo, TX 78045 Clark Pipeline Services 6229 Leopard Street Corpus Christi, TX 78409 ITEM DESCRIPTION UNIT QTY. UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT PART A: GENERAL Al Mobilization (5% Max.) LS 1 $20,000.00 $20,000.00 $45,000.00 $45,000.00 $43,750.00 $43,750.00 A2 Bonds and Insurance (2.5% Max.) LS 1 $18,417.10 $18,417.10 $23,466.00 $23,466.00 $18,750.00 $18,750.00 A3 Ozone Day DAY 1 $1.00 $1.00 $120.00 $120.00 $437.50 $437.50 A4 Demolition LS 1 $45,000.00 $45,000.00 $20,580.00 $20,580.00 $31,250.00 $31,250.00 A5 TCP Items (Signs, Barricades, Channelizing Devices, etc.) MO 4 $800.00 $3,200.00 $11,025.00 $44,100.00 $5,250.00 $21,000.00 A6 TCP Plan and Prep EA 1 $3,540.00 $3,540.00 $5,400.00 $5,400.00 $6,250.00 $6,250.00 A7 TCP Mobilzation / Adjustments EA 3 $2,500.00 $7,500.00 $7,920.00 $23,760.00 $4,062.50 $12,187.50 A8 Silt Fence for Storm Water Pollution Prevention LF 100 $5.00 $500.00 $9.00 $900.00 $6.25 $625.00 A9 Curb Inlet Protection EA 4 $100.00 $400.00 $324.00 $1,296.00 $312.50 $1,250.00 Al0 Storm Water Pollution Prevention Plan LS 1 $3,000.00 $3,000.00 $4,500.00 $4,500.00 $18,750.00 $18,750.00 Subtotal Part 'A' (Items Al through A10) $101,558.10 $169,122.00 $154,250.00 PART B: STREETSCAPE IMPROVEMENTS B1 Install New Trash Can Containers EA 81 $3,444.25 $278,984.25 $4,100.00 $332,100.00 $4,748.13 $384,598.53 B2 Install New Dog Waste Stations EA 8 $650.00 $5,200.00 $1,474.80 $11,798.40 $1,375.00 $11,000.00 B3 Install New Planters EA 15 $2,200.00 $33,000.00 $2,220.00 $33,300.00 $2,059.38 $30,890.70 B4 Install New Planters at Water Street Intersections EA 39 $2,177.00 $84,903.00 $2,220.00 $86,580.00 $2,375.00 $92,625.00 B5 Install New Medallions on Existing Light Poles EA 35 $250.00 $8,750.00 $1,388.58 $48,600.30 $1,892.86 $66,250.10 B6 Install Landscaping Including Soil and Plants for New Planters LS 1 $3,162.50 $3,162.50 $4,800.00 $4,800.00 $56,375.00 $56,375.00 B7 Install Landscaping Including Soil and Plants for New Planters at Water Street Intersections LS 1 $7,308.00 $7,308.00 $13,458.00 $13,458.00 $106,375.00 $106,375.00 B8 Allowance for Coppinni Fountain Improvements LS 1 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 $50,000.00 Subtotal Part 'B' (Items B1 through B8) $471,307.75 $580,636.70 $798,114.33 PART C: STREET IMPROVEMENTS 01 Install New Welcome Sign on Carancahua St. Bridge Overpass LS 1 $9,145.00 $9,145.00 $15,300.00 $15,300.00 $9,687.50 $9,687.50 C2 Install New Directional Sign on Upper Broadway Bridge Overpass LS 1 $18,975.00 $18,975.00 $25,800.00 $25,800.00 $20,625.00 $20,625.00 C3 6" Curb and Gutter LF 112 $44.00 $4,928.00 $102.00 $11,424.00 $25.00 $2,800.00 C4 6" Type A Header Curb LF 155 $44.00 $6,820.00 $116.00 $17,980.00 $52.08 $8,072.40 C5 6" Thick Concrete Island SF 1120 $50.00 $56,000.00 $33.50 $37,520.00 $46.88 $52,505.60 C6 Adjust Existing Traffic Signal Box to Grade EA 4 $100.00 $400.00 $600.00 $2,400.00 $2,687.50 $10,750.00 C7 Adjust Existing Wastewater Manhole to Finished Grade EA 1 $2,500.00 $2,500.00 $12,600.00 $12,600.00 $2,343.75 $2,343.75 C8 Regulatory Sign EA 5 $796.00 $3,980.00 $900.00 $4,500.00 $843.75 $4,218.75 C9 Other Sign EA 1 $795.00 $795.00 $900.00 $900.00 $843.75 $843.75 010 Eradicate Existing Painted Crosswalk LF 55 $10.00 $550.00 $6.00 $330.00 $6.25 $343.75 011 Eradicate Existing Painted Striping LF 95 $10.00 $950.00 $6.00 $570.00 $6.25 $593.75 C12 Refl. Pavement Marking Type 1 (Y) (4") (Solid) LF 193 $7.00 $1,351.00 $6.00 $1,158.00 $6.25 $1,206.25 C13 Refl. Pavement Marking Type 1 (Y) (12") (Solid) LF 70 $18.00 $1,260.00 $18.00 $1,260.00 $18.75 $1,312.50 C14 Refl. Pavement Marking Type 1 (W) (4") (Solid) LF 162 $7.00 $1,134.00 $6.00 $972.00 $6.25 $1,012.50 C15 Allowance for Unanticipated Street Improvements LS 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 Subtotal Part 'C' (Items C1 through C15) $113,788.00 $137,714.00 $121,315.50 PART D: A.D.A. IMPROVEMENTS D1 4" Concrete Sidewalk SF 520 $8.00 $4,160.00 $42.00 $21,840.00 $12.00 $6,240.00 D2 6" Sidewalk Retaining Curb LF 20 $30.00 $600.00 $240.00 $4,800.00 $50.00 $1,000.00 D3 Concrete Curb Ramp SF 103 $50.00 $5,150.00 $90.00 $9,270.00 $41.25 $4,248.75 Subtotal Part 'D' (Items D1 through D3) $9,910.00 $35,910.00 $11,488.75 PART E: LIGHTING IMPROVEMENTS El Install New Solar Panel Lighting System EA 2 $20,060.00 $40,120.00 $19,940.00 $39,880.00 $31,750.00 $63,500.00 Subtotal Part 'E' (Item El) $40,120.00 $39,880.00 $63,500.00 BASE BID SUMMARY TOTAL BASE BID PARTS A, B, C, D, & E Part A - General (Items Al through A10) $101,558.10 $169,122.00 $154,250.00 Part B - Streetscape Improvements (Items B1 through B8) $471,307.75 $580,636.70 $798,114.33 Part C - Street Improvements (Items 01 through C15) $113,788.00 $137,714.00 $121,315.50 Part D - A.D.A.Improvements (Items D1 through D3) $9,910.00 $35,910.00 $11,488.75 Part E - Lighting Improvements (Item El) $40,120.00 $39,880.00 $63,500.00 Total Base Bid $736,683.85 $963,262.70 $1,148,668.58 Item 1-A2 Bid Irregularity, Bid amount adjusted to 2.5% of Total Contract Price. Extension amount and total amounts shown are corrected. Page 1 of 1 AGENDA MEMORANDUM Future Item for the City Council Meeting of November 27, 2018 Action Item for the City Council Meeting of December 4, 2018 DATE: November 27, 2018 TO: Keith Selman, Interim City Manager FROM: Laura Z. Garcia, Director of Libraries lauraga(a�cctexas.com (361) 826-7070 Kim Baker, Assistant Director of Financial Services -Purchasing Division kimb2(c�cctexas.com (361)826-3169 Hoopla Digital Media Platform Services for the Corpus Christi Public Libraries CAPTION: Resolution authorizing a one-year service agreement, for Hoopla digital media platform services for the Corpus Christi Public Libraries with Midwest Tape, LLC, of Holland, Ohio for an amount not to exceed $60,000, with four additional one-year renewal options for a potential total amount not to exceed $300,000. PURPOSE: This item is to approve a service agreement with Midwest Tape LLC for Hoopla digital media platform services for the Corpus Christi Public Libraries. BACKGROUND AND FINDINGS: Hoopla digital media platform services was implemented as a pilot program in January 2018. Service is comprised of a digital media platform that includes content in multiple formats: eBooks, audiobooks, comics, music, movies, and television programs. Library patrons can access the service 24/7 on smart phones, tablets, computers and through web browsers. Registered users are limited to five checkouts per month due to the popularity of the service, currently there are 20,136 registered users with over 16,000 checkouts. This is sole source purchase. Midwest Tape, LLC holds exclusive distribution rights to the digital media content. 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: Library Department. FINANCIAL IMPACT: x Operating ❑ Revenue ❑ Capital ❑ Not applicable Fiscal Year: 2018-2019 Current Year Future Years TOTALS Line Item Budget $498,841.26 $240,000.00 $738,841.26 Encumbered / Expended Amount $92,884.43 $0.00 $92,884.43 This item $60,000.00 $240,000.00 $300,000.00 BALANCE $345,956.83 $0.00 $345,956.83 Fund(s): General Fund Comments: RECOMMENDATION: Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Resolution Hoopla Service Agreement Resolution authorizing a one-year service agreement, for Hoopla digital media platform services for the Corpus Christi Public Libraries with Midwest Tape, LLC, of Holland, Ohio for an amount not to exceed $60,000, with four additional one-year renewal options for a potential total amount not to exceed $300,000. WHEREAS, the hoopla digital service and support has been in use since January 2018 by the Corpus Christi Public Libraries and its use is desired to continue by the Corpus Christi Public Libraries; WHEREAS, this service and support agreement will allow authorized library patrons to access digital media content using smart phones, tablets, computers, and web browsers; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (E), as this purchase is for books, papers, and other library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials. 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 service agreement for the Hoopla service and support for the Libraries from Midwest Tape, LLC, of Holland, Ohio, based on a sole source for an amount not to exceed $60,000 with four additional one-year renewal options with a potential total amount not to exceed $300,000. A copy of the agreement will be on file in the Office of the City Secretary. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Mayor City Secretary Corpus Christi, Texas Page 1 of 2 day of , 20 The above resolution was passed by the following vote: Mayor Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey -Opel Ben Molina Everett Roy Lucy Rubio Greg Smith Page 2 of 2 MIDWIST TAPE 'LIBRARrARS MEDIA SOURCE hoopliac Service Agreement This hoopla Service Agreement ("Agreement") is made as of the date of City Council Approval on this day of , 201_ (-a=ffective Date") by and between Corpus Christi Public Library (the -Library"), and Midwest Tape, LLC. Whereas, Midwest Tape offers its hoopla digital service (-hoopla," the "Service," or the "hoopla Service") to libraries to allow authorized library patrons to access digital media content using smart phones, tablets, computers. and web browsers_ Whereas, the Service is comprised of a digital media platform That includes content in multiple formats (e.g movies, television programs, music, audiobooks, eBooks, and comics) and is designed to be accessible 24/7 in accordance with circulation limits (if any) and other settings established by the users library system: and Whereas, the Library wishes to make hoopla available to the Library s authorized users (Patrons'); Now, therefore, in consideration of the promises and mutual covenants contained in this Agreement, and for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged. the Library and Midwest Tape (each a'Party" and collectively the "Part.es") agree as follows DEFINITIONS. The following definitions apply wherever these terms appear in this Agreement. "Digital Media Application" means one or more computer programs maintained, owned, andlor used by Midwest Tape to provide access for limited periods to Digital Titles (including the ability to browse, borrow, stream, download, andlor return such titles) using certain smart phones, computer tablets, and/or other mobile devices. The agile! Media Application currently bears the name `hoopla," "Digital Media Platform" means one or more computer programs owned, maintained, andlor used by Midwest Tape to provide access to Digital Titles and/or to allow the Library to manage its offering and Patron use of Digital Titles, including the Digital Media Application, hoopla digital Website, and hoopla Library Adminislrat-on Website "Digital Titles" means any and all movies. television programs, music. audiobooks, eBooks, comics, and other audio or visual works that Midwest Tape makes available to the Library and its Patrons via the Digital Media Platform during the Term of this Agreement. "hoopla Library Administration Webslte" means a Midwest Tape website that may be accessed and utilized by the Library to manage content available to Patrons in the Digital Media Platform, ar,d to administer Library policies in regard to Patron use of the Service "hoopla digital Website" means a M.dwe$t Tape website (currently yyvve.tiooplaljiriital com) that may be used to access, browse, borrow, stream, download, andlor return Digital Titles. "Intellectual Property Rights" means all rights in and to patents, trademarks, service marks, trade names, copyrights. trade secrets, technology, software, designs, algorithms, know-how, as well as moral rights and all other intellectual and proprietary rights of any type under the laws of any governmental authority. "Library Website' means a website owned, maintained, andlor used by or for the Library for the purpose of providing information to Patrons andlor the general public about the Library and its various content offerings, policies, objectives, initiatives, and procedures. 2/2018 Page 1 MIDWIST TAPE L1ARARrAt45MEDIA SOURCE "Marks" means any trademarks, service marks, trade names, logos. designs, icons, characters, cover art, styles and trade dress associated with any Digital Tit'es, including without limitation all translations or transliterations of the foregoing in any language, or any colorable imitations or modified versions thereof. "Midwest Tape" means Midwest Tape, LLC and any of its parents, subsidiaries, or affiliated entities that are engaged in the business of distributing media content in digital form to libraries and library users via the Digital Media Platform. "Service Partners" means any third partes that provide digital storage, webhosting, IT services, data analysis and processing. or distribution or other services to Midwest Tape in connection with the Service. "Title Summary and Promotional Data" means, with respect to each Digital Title, the following information and data that is made available to Library pursuant to this Agreement: (i) title; (ii) author(s), publisher, illustrator(s), narrator(s). actor(s), director(s), producer(s). studio(s), and similar descriptive information; (iii) if comrnercia'ly used, the digital ob;ect identifier; (iv) narrative description or summary of the work- (v) cover art and image. graphics, and other images; (vi) copyright notice; and (vii) any other identifying information "Vendor" means any supper to Midwest Tape of (i) Digital Tilte(s); (ii) Title Summary and Promotional Data, andlor (ii) technology or services necessary for Midwest Tape to provide the Service to the Library. 11. LIBRARY RIGHTS & OBLIGATIONS. Rights. During the Term, and subject to all the terms and limitations set forth in this Agreement, Midwest Tape grants to the Library the non•exclusive and non-transferrable right to display and access the Digital Media Platform and Title Summary and Promotional Data for the limited purpose of: (a) allowing Patrons to access, view, and borrow Digital Titles through the Service and pursuant to this Agreement; (b) promoting awareness and authorized use of the Service, including via postings on the Library Website(s): and (c) establ.shing and implementing Library -specific policies in regard to use of the Service by the Library and Patrons- consistent with this Agreement and the requirements of the Digital Media Platform. Limitations. Except for the limited, non-exclusive, non-transferrable nghts expressly granted to the Library above in this Section II, the Library shall have no right in or to, or ownership of, the Service. Digital Titles, Digita! Media Platform, hoopla digital Website, hoopla Library Administration Website, Digital Media Application, Marks, Title Summary and Promotional Data, or any other artwork or materials delivered by Midwest Tape in connection with this Agreement The Library shall have no right to access, use, mr:dify, or reproduce any portion of any source code relating to the Service andlor the Digital Media Platform, or to make, sell, or distribute any variations or derivative works of the Service and/or the D-gital Media Planar'. The Library agrees to the support and protection of Inlel!ectual Property Rights (including but not limited to copyright and trademark protections), to prohibit Patrons from engaging in activities that infringe on these rights, and to refrain from facilitating such activities In addition, the Library will comply with all other requirements communicated by Midwest Tape with respect to any Intellectual Property Rights and the Marks. No Public Performance Rights. The Library shall have no public performance rights in the Digital Titles, Accordingly, the Library may not offer any Digital Titles as a performance in order to entce Patrons or the general public to come to an event, sponsored by the Library or otherwise. General Obligations. To facilitate the successful introduction of the Service to, and use of the Service by, Patrons, the Library shall: (a) regularly communicate to staff, Patrons, and the general public served that the Service is available to Patrons: (b) provide suitab•e training opportunities to appropriate Library staff members, so that They understand the Service and can assist in the promotion and the use of the Service by Patrons: (c) regularly feature prominent links and references to popular Digital Titles and the hoopla 2/2018 Page 2 MIDWL$T TAPE LIBRARIAEVA SOURCE digital Website on the Library Webs;te's homepage, (d) incorporate MARC record data rega:ding Digital Titles in the Library's catalog to enhance the discoverability of key content available in the See.vice: (e) manage all funds designated air appropriated for use of the Service; (1) panic:pate in the implementation of the Service at the Library, including without limitation by providing Midwest Tape wth sufficient and accurate information to identify Patrons of the Library who are authorized to utilize the Service; (g) provide Primary Support, as defined belnw; (h) perform requested linkage between the Service and the Library Website, as well as reasonable technical services to support and maintain the Service during the Term; and (1); notify Midwest Tape at least three (3) business days before any change in any RSS links, ILS configuration, URL updates, or other equipment or technology that could adversely impact the Service andlor the use of the Service, including any changes that could impact the process of Patron authentication. Network Connectivity. The Library is responsible for providing a suitable network and Internet system for integration of the Service into the Library Website or other systems Use of the hoopla Library Administration Website. The Library agrees that it is solely responsible for managing its use of the hoopla Library Administration Website and using that website as designed, includ ng by establishing, verifying. and maintaining any settings and controls regarding use of the Service by Patrons (e.g., limitations on circulations, content restrictions. reporting preferences, etc.). Library Website. The Library is sote'.yresponsible for all aspects of catalog integration, operation, training support, andlor maintenance necessary for the operation of the Library Website. This may include obtaining a SIP2 or similar protocol software license(s) from a third -party vendor in order to support direct integration of the Service with the Library's own Library Website or other systems. as well as the cost for customized MARC records it may obtain from a third -party supplier such as OCLC. The Library shall keep its hoopla account information current with Midwest Tape and promptly alert Midwest Tape to any significant changes relating to the Library Website, including but not limited to changes of personnel that could impact the support, functionality, andlor performance of the Service. Primary Support. The Library is responsible for providing its Patrons with 'Primary Support," which includes assisting Patrons with the use of the Service, responding to Patron questions regarding the functionality and technical requirements of the hoopla digital Website and the Digital Media Application, and helping Patrons with the process of commun cating with Midwest Tape where necessary and appropriate to obtain additional support and technical assistance. No Warranties or Representations to Others- The Library represents and agrees that, except for the representations, warranties. and promises made to Midwest Tape in this Agreement, neither the Library nor any of its employees- agents, or others acting under its direction has made or will make any representations or warranties, expressed or impl ed to anyone concerning the Service, Digital Titles, Digital Media Application, Digtal Media Platform, hoopla dig tal Website, andlor hoopla Library Administration Website Compliance with Applicable Laws and Regulations. The Library wilt, at its own expense, comply w-th all applicable laws, ordinances, rules, regulations, and other legal requirements in connection w th the Library's performance under this Agreement. Costs and Expenses. The Library is responsible for all of its own expenses and costs related to its performance under this Agreement. Midwest Tape has no obligation to reimburse the Library for any expenses or costs incurred by the Library related to this Agreement or to the performance of the Library's obligations. including but not limited to any expenses and costs incurred in the preparation, systems integration, or use of the Digital Media Platform, hoop'a Library Administration Website, hoopla digital Website, and Digital Media Application. 2/2018 Page 3 M1DWEST TAPE i IBRARI S ,MENIASOURCE II1. FEES, PAYMENTS & REPORTING. Payment. Total cost for all services provided by Midwest Tape under this Agreement shall not exceed 560,000 per yearly term of the Agreement unless expressly authorized by written amendment to this Agreement Through the Digital Media Library Website, the library has the budget controls that will enable them to manage the above mentioned fixed dollar amount. Per Circulation Program. The Library shall pay Midwest Tape a Per Circulation Fee for each Circulation of a Digital Title. A "Circulation occurs when the Library or a Patron using the Service, via the Digital Media Application or the hoopla digital Website, selects 'borrow" and thereby obtains the opportunity to access, view, stream, or temporarily download a Digital Title for a specific period of lime that is terminated either (1) upon expiration of the applicable borrowing period for that Digital Title; or (ii) when the Digital Title is returned before the end of the applicable borrowing period for that Digital Title. Midwest Tape shall be entitled to payment of a fee for each Circulation, regardless of whether the Digital Title is actually accessed, viewed. streamed, or downloaded during that circulation period. The -Per Circulation Fees" for individual Dig.tal Titles are listed in in attached Appendix A'Pricing List." The Service allows for an unlimited number of Circulations of each of the Digital Titles that are available to the Library's Patrons. so that multiple Patrons may access the same Digital Title(s) simultaneously via multiple transactions. Invoicing and Payment. Midwest Tape will invoice the Library by Invoice Period. `Invoice Period' means a calendar monthly period, in which Circulations occur. Payment of each invoice will be due within thirty (30) days from the date of the invoice During any period in which Midwest Tape is holding a Payment from the Library, Midwest Tape will apply the Payment funds toward payment of the invoice upon issuance If the Library has any remaining Payment funds on account upon expiration or termination of this Agreement, Midwest Tape will notify the Library and refund any unencumbered and unapplied monies upon the Library's written request. Reporting. Through the hoopla Library Administration Website, the Library will have access to certain reports summarizing Patron usage, circulation data, ar.d purchase activity for the Digital Titles. Taxes. The Library is required to provide a sales tax exemption certificate, if applicable. to Midwest Tape as part of the on -boarding process. If the Library is not exempt or does not do so, Midwest Tape will add (and collect) sales taxes to any purchases made pursuant to this Agreement. IV. TERM AND TERMINATION. Term. The term of this Agreement (the "Term") begin on the Effective Date and continues for a period of 12 months thereafter. Upon expiration of the Term, the Library has the option of 4, 1 year renewals, unless either Party has provided at least sixty (60) days' advance written notice of non -renewal Termination. This Agreement may be terminated in either of the following ways By Notice. Either Party may terminate this Agreement, with or without cause. by providing the other Party with sixty (60) days' advance written notice. Due to Breach. Either Party may suspend its performance or, at that Party's sole option, terminate this Agreement by providing the other Party with written notice of such action in the event of (i) the other Party's material breach of this Agreement, which breach continues uncured for a period of thirty (30) days after written notice of such breach: or (ii) the Library's failure to perform its payment obligations under Section Il' of this Agreement for a period of at least thirty (30) days. 2/2018 Nage} MIDWELST TAPE LIBRARIANS°] MEDIA SOURCE Upon termination of this Agreement. the Library shall immediately (i) cease distribution and use of the Service, D_gital Media Application, Digital Media Platform, Digital Titles, Marks, Metadata, and Promotional Postings, and (r.) pay a;l amounts due to M.dwest Tape, Once the Library satisfies these obligations, any imapplied portion of a Payment wi:i be refunded within thirty (30) days V. MIDWEST TAPE RIGHTS 8 OBLIGATIONS. The hoopla Service. Midwest Tape andlor its Service Partners will. (a) host and support the Service as provided in this Agreement, (b) designate an implementation specialist ("hoopla Coordinator') to be available for customer support to the Library in connection with the launch and implementation of the Service; and (c) provide the Library with access to the hoopla Library Administration Website, wh•ch offers tools to enable the Library to manage use of the Service, including in regard to Patron borrowing limits. lend -ng policies, title blocking. ratings- and user -advisory settings, usage dashboard, and reporting. Ownership of Vendors's Intellectual Property. Subject to the provisions of this Agreement- Venders retain all of their Intellectual Property Rights in and to the Vendor's Digital Titles, Metadata, Marks, and Promotional Postings- artwork, and other property that may be utilized or accessed in connection with the Service Ownership of Midwest Tape's Intellectual Property. As between the Parties, Midwest Tape owns and retains all Intellectual Property Rights in and to the Service. D.gital Media Platform, Digital Media Application. hoopla digital Website, hoopla Library Administration Website. Midwest Tape and hoopla and hoopla digital trademarks, and all other Midwest Tape intellectual property, including but not limited to all modifications, updates, or improvements made thereto. The Library acknowledges Midwest Tape's ownership of such Intellectual Property Rights, Modifications to Digital Media Platform. Midwest Tape has the right to modify, at any time, the Service, Digital Media Platform, Digital Media Applicalion, hoopla digital Website, hoopla Library Administration Website, and other aspects and features of hoopla in Midwest Tapes sole discretion. in order to develop, modify, or improve operations, performance, or functionality. Addition. Removal. and Modifications of Digital Titles. Midwest Tape has the right to take any or all of the fotlowing actions with respect to any Digital Title(s) at any time and in its sole discretion: (a) add or remove Digital Titles to or from the Service; (b) set or adjust the applicable Per Circulation Fee(s); (c) replace content files. Metadata, andlor Promotional Postings; and (d) edit or modify editorial content or designs, Digital Content Per Circulation fee wit: not exceed $3,99, The Library will be notified by email, the hoopla Library Administration Website, or other means of major modifications to the functionality of the Service Promotion of the Service. Midwest Tape may, at its own expense and in its own discretion, publicize the Service and communicate with the general public and Patrons regarding the availability, features, and use of the Service. Digital Titles, Digital Media Platform, and Digital Media Application. Support, Midwest Tape will support the Service by maintaining help files, information, and other appropriate documentation and training materia°s. Midwest Tape will undertake reasonable efforts to help the Library perform the Library's obligation to provide Primary Support to Patrons, including by offenng periodic training opportunities to Library staff, updating the Library regarding system changes, and providing the Library with answers to "frequently asked questions" related to the Service. Midwest Tape will supply activation support, including assisting with the implementation of any software, and reasonable levels of continuing support to assist the Library in its use of the Service. Midwest Tape will make technical support personnel available for feedback. problem -solving, and/or general questions. Technical support services to the Library include: (i) reasonable efforts to identify, correct, and/or 2/2018 Page 5 MIDWEST TAPE 1.BRARtAf�4i h1ED1,45OJRCE circumvent errors in the System, Digital Media Platform, Digital Media Application. hoopla digital Website. and hoopla Library Administration Website: and (ir) supplying updates. enhancements. and new versions of the Service as they become available (the "Secondary Support"). Midwest Tape has no obligation to provide Primary Support to Patrons and any support provided by Midwest Tape to Patrons +w'1 be in Midwest Tape's sole discretion. Midwest Tape will use reasonable efforts to provide continuous service Permissible down-time includes periodic unavailability due b matters such as: maintenance of tow] server(s); installation or testing of software, public or private telecommunications services, or Internet nodes or facilities; and fa::lure of equipment or services outside the control of Midwest Tape. Scheduled down-time will occur periodically and at t'mes designed, in Midwest Tape's sole discretion. to minimize inconvenience to hoopla users. VI. MISCELLANEOUS. Indemnities. Midwest Tape("Indemnifying Party") agrees to defend, indemnify, and hold harmless the Library and its Service Partners from and aganst any and all third -party claims, demands, suits, legal proceedings, and causes of action that arise out of or relate to any breach by the Indemnifying Party of any of its representations and warranties as stated in this Agreement (collectively, "Indemnifiable Claims"). including but not limited to all damages, costs, expenses, reasonable attorneys' fees. judgments. and settlements resulting from such Indemnifiable Claims; provided, however. that no Indemnifiable Claim may be settled without the express written consent of the Indemnifying Party Indemnity Process. The Party seeking indemnification must provide prompt written notice to the Indemnifying Party of any Indemnifiable Claim for which indemnification will be sought The Indemnifying Party may elect to control the defense and settlement of any Indemnifiable Claims with counsel of its choosing. The Party seeking indemnification will cooperate with the Indemnifying Party's defense against the Indemnifiable Claims. If any Indemnifiable Claim is covered in part but not entirely by a Party's indemnification obligation hereunder, the Indemnifying Party will only be responsible for costs to the extent atlnbutable to the covered portion. DISCLAIMER OF WARRANTIES. EXCEPT FOR ANY WARRANTIES EXPRESSLY PROVIDED BY MIDWEST TAPE IN THIS AGREEMENT, MIDWEST TAPE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUD,NG BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. LIMITATION OF LIABILITY. EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL. CONSEQUENTIAL. SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR LOST BUSINESS OPPORTUNITY. ARISING OUT OF OR RELATING TO THIS AGREEMENT, EVEN IF SUCH DAMAGES ARE FORESEEABLE AND REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBLITY THEREOF. Confidential information. "Confidential information" means any non-public information of either Party that is disclosed to the other Party in connection with this Agreement either directly or indirectly. in writing, orally, electronically, or by inspection of tangible objects, and that is designated in writing as 'Confidential" at the lime of disclosure or within five (5) days thereafter. Confidential Information includes, without limitation, any and all non-public business plans, customer information, pricing, contract terms, available content and sales, marketing and/or finances of the disclosing Party. Each Party agrees Io hold the Confidential Information or the other Party in confidence and to refrain from disclosing such Confidential Information to any third party, except to the extent required to be disclosed pursuant to governmental or judicial process, provided that notice of such process is promptly provided to the disclosing Party in order that it may have every opportunity to intercede in such process to contest such disclosure or seek an appropriate protective order. Confidentiat Information is the property of the disclosing Party. and the receiving Party will nol be 2/2018 Page 6 MIDWf$TTAPE LIBRARIANS MEDIA SOURCE deemed by virtue of its access to Confidential Information to have acqured any right or interest in or to any such Confidential Information Confidential does not affect either Party's right to use or disclose information that is not Confidential Information, including information That is in the public domain or that the receiving Party can show was known to it without any confidentiality ob igation prior to the disclosure by the disclosing Party. Assignment. Except as provided herein, neither Party may, by operation of law or otherwise, assign, sublicense, or otherwise transfer any of its rights or obligations under this Agreement without the prior written consent of the other Party, which may not be unreasonably withheld or delayed. Either Party may assign, transfer, or otherwise delegate any or all of its rights and obligations under this Agreement to any successor carrying on that part of the business to which this Agreement relates or to any purchaser of all or substantially alt of the assets or stock of such Party. Each Party may appoint contractors to perform part of its obligations hereunder, provided that the Party remains fully responsible for such contractor's performance. This Agreement binds. benefits, and is enforceabke by and against both Parties and their respective successors and permitted assigns. Notices. Notices required by this Agreement must be sent by United States mail. as well as by electronic mail (or by facsimile), directed as follows. Midwest Tape. LLC: Library. Corpus Christi Public Libraries PO Box 820 805 Comanche SI. Holland, Ohio 43528 Corous Christi. TX 78401 infoemidwesttapes.com 361.826-7070 1 (800) 875.2785 qabbyscctexas com lauraga�lo cctexas com Amendment. No amendment. modification, addendum, or revision to this Agreement is valid unless it is in writing and signed by all Parties to this Agreement. Arms -Length Negotiations. This Agreement was negotiated at arm's length with each Party receiving advice from independent legal counsel, and has been executed and delivered in good faith. It is the intent of the Parties that no part of this Agreement should be construed against any Party because of the identity of the drafter. Counterparts. This Agreement may be executed in counterparts, each of which taken together constitutes one single Agreement between the Parties Entire Agreement. This Agreement is an integrated Agreement containing the entire understanding between the Parties regarding the subject matter of this Agreement. and, except for the representations, warranties, and promises expressly set forth in this Agreement. no representations, warranties. or promises have been made or relied upon by either Party as an inducement to enter into this Agreement. This Agreement prevails over all prior communications or agreements between the Parties or their representatives regarding the subject matter hereof [Remainder of page intentionally left blank.j 2/201E1 Page 7 MI DWJST TAP L!8RARIANS Oj , OEt}IA S0J(;CE Force Maleure. No Party may be conside•ed in defauA or to have incurred any liability hereunder due to any failure to perform this Agreement should such fa:iure arise out of causes beyond its reasonable control. including. without limitation, work stoppages, fires, riots, accidents, floods. storms, unavailability of utilities or fuel. Internet or other communication failures, or other similar failures or occurrences. The time for performance will be extended for a period equal to the d:,ration of such conditions. Non -Appropriation. The continuation of this Agreement after the close of any fiscal year of the City. which fiscal year ends on September 30 annually, is subject to appropnations and budget approval covering this Agreement as an expenditure in said budget; however. it's within the sole discretion of the City Council of the City to determine whether to fund this Agreement. The G.ty does not represent that this budget item will be adopted. as said determination is within the City Council's sr;le discretion when adopting each budget. Relations with Israel. In accordance with Chapter 2270, Texas Government Code, the Library may not enter into a contract with a company for goods or service 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 Midwest Tape, LLC verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. Disclosure of interests. Midwest Tape, LLC agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code section 2252.908 and complete Forrn 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https:Jlwvw_ethics.state_lx.iis. Contractor agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIO with the City Secretary's Office. if required. For more information and to determine if you need to file a Form CIO, please review the information on the City Secretary's website at httollwww_cotexas_ omfgpvemmenecity-tecrelaryl ontlic:- disclosurelindex. 2/20111 page 8 MIDWEST TAPE L:BRAR'.1,45Q I j'.EDIA SO. RCE IN WITNESS WHEREOF, the Parties hereto have caused This Agreement to be executed by their duly authorized representatives as of the Effect:ve Dale first written above. ACCEPTED AND AGREED ACCEPTED AND AGREED Name of Library: Corpus Chr,sti Public Libraries MIDWEST TAPE, By By: Print Nam. Print Name; Title. Title: I' fes; - c4 ' 2k • Date S:gned Date Signed /1/21 V Approved as to form: // a sistant Gity Attar For Gity Attorney 2/2018 Page 9 MIDWST TAPE .BRA.IA5MEDIA 50'JRCE Appendix A Pricing List Prices for Per Circulation Program: For Each Digital Content Title covered by the Per Circulation Program, Midwest shall invoice Library the following amount each time such Digital Content Title is circulated - Per Circulation price list is as of November 2017. hoopla Per Circulation Pricing Audiobooks Comics eBooks Movies Television $0.34 - $3.99 $0-34 - $3-99 $0.34 - $3.99 $0.34 - $3.99 $0-34 - $2.99 [Music Albums F$1-49 2/2018 Page 10 AGENDA MEMORANDUM Future Agenda for the City Council Meeting of November 27, 2018 Action Item for the City Council Meeting of December 4, 2018 DATE: November 15, 2018 TO: Keith Selman, Interim City Manager THRU: Sylvia Carrillo -Trevino, Assistant City Manager FROM: Constance P. Sanchez, Director of Financial Services ConstanceP@cctexas.com (361) 826-3227 Approval of the City's Investment Policy and Investment Strategies CAPTION: Resolution amending and reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for Fiscal Year 2018-2019 PURPOSE: The Public Funds Investment Act requires annual review by the governing body of its Investment Policy, and adoption of a written instrument stating that it has reviewed the investment policy and investment strategies. BACKGROUND AND FINDINGS: Under Texas Government Code, Chapter 2256, Subchapter A. Authorized Investments For Governmental Entities, the State of Texas delineates the types of investments and the investment rules that must be followed by governmental entities. This chapter is often referred to as the "Public Funds Investment Act". In accordance with the Public Funds Investment Act, the governing body must approve the City's investment policy annually. The City of Corpus Christi Investment Policy and Investment Strategies has been revised in an effort to simplify and update the document to reflect current investment practices and language in the Public Funds Investment Act (PFIA). Additionally, the City Treasurer will submit the Investment Policy, once approved, for certification to the Government Treasurer's Organization of Texas. This will be the first time that the City of Corpus Christi has applied for such a certification. The recommended substantial changes to the investment policy included the following: 1. Update overall style, structure, and format of document for ease of application and readability. 2. Update title of the document to include investment strategies. 3. Remove the following appendices not required to be included: • Appendix A — Texas Public Funds Investment Act • Appendix B — Code of Ethics • Appendix D — Legal Defense and Indemnification of City Officers and Employees 4. Remove definitions section; words are defined within the body of the document. 5. Simplify scope to include all funds of the City instead of listing out specific types of funds covered by the policy. 6. Update ethics section to reflect PFIA requirements. Only investment officers are required to complete a disclosure of financial interest because investment decisions are made only by investment officers. 7. Remove specific approved training organizations; replace with language in line with the PFIA. 8. Add the Director of Financial Services and Assistant Director of Financial Services over Accounting as Investment Officers. 9. Remove Texas Term Investment Pool as an authorized investment. 10. Add the following authorized investments: • Interest-bearing depository accounts of banks in Texas • General debt obligations of any US state • Commercial paper • Securities lending 11. Increase maximum maturity of investments from 2 years to 3 years. Weighted average maturity (WAM) will remain the same at 1 year. This allows for added flexibility to increase earnings in varying market conditions. 12. Update risk benchmark requirement to reflect 1 -Year U.S. Treasury. 13. Consolidate safekeeping requirements into one section. 14. Remove prohibited collateral section; add eligible collateral section. 15. Add the City's depository services agreement as a required document to be followed with regard to collateralization. 16. Remove collateral monitoring since this requirement is outlined in the City's depository services agreement and the Public Funds Collateral Act. 17. Move investment strategies section to the end of the document. 18. Remove record retention requirement as the City is required to follow State record retention rules. 19. Remove external reporting/evaluations section; investment officers can obtain this information online when needed. 20. Remove audits and inspections section; replace with audits and compliance with laws section. 21. Update and expand on investment strategies to reflect current investment practices of the City. a. Removed strategies for: ■ Operating and CIP Funds ■ Debt Service Funds ■ Debt Service Reserve Funds ■ Special Purpose Funds b. Added strategies for: ■ Pooled Fund Strategy ■ Texas Utility System Junior Lien Revenue Improvement Bonds Escrow Strategy ■ Airport Passenger Facility Charges Fund Strategy ■ Law Enforcement Seized Assets Fund Strategy 22. Remove inapplicable quarterly reports; replace with reporting requirements as listed in the PFIA. Additionally, the City has established an Investment Committee which consists of the City Manager, Assistant City Managers, City Attorney, Director of Financial Services, and Director of Management and Budget, or their designees. The Committee met on November 15, 2018 and approved the revisions to the Investment Policy. The City's investment advisor has also reviewed and approved the revisions. ALTERNATIVES: Do not make any changes to the Investment Policy. OTHER CONSIDERATIONS: n/a CONFORMITY TO CITY POLICY: This item conforms to City policy. EMERGENCY / NON -EMERGENCY: n/a DEPARTMENTAL CLEARANCES: • City Attorney's Office • Investment Committee FINANCIAL IMPACT: X Not Applicable ❑ Operating Expense ❑ Revenue ❑ CIP FISCAL YEAR: Project to Date Exp. (CIP Only) Current Year Future Years TOTALS Budget - $ - $ - $ - Encumbered/Expended amount of (date) 1 - - - - This item - $ - $ $ - BALANCE 1 - $ - $ - $ - FUND(S): 1 COMMENTS: n/a RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Proposed 2018 City Investment Policy Redline version of Proposed 2018 Investment Policy Resolution Resolution amending and reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2018- 2019. WHEREAS, the City of Corpus Christi's Investment Policy and Investment Strategies were first adopted pursuant to Resolution No. 022390 on October 24, 1995; WHEREAS, the Texas Public Funds Investment Act requires the governing body to annually review, amend as necessary, and reaffirm its investment policy and invest- ment strategies; WHEREAS, the Investment Policy and Investment Strategies were previously re- viewed for fiscal year 2017-2018 on December 19, 2017, and reaffirmed pursuant to Resolution No. 031314; and WHEREAS, the Investment Policy and Investment Strategies were reviewed for fiscal year 2018-2019 by the Investment Committee on November 15, 2018; recom- mended for approval with style and formatting changes; substantive amendments; and an updated issuance date; and recommended for reaffirmation by the City Council; Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council has reviewed the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2018-2019. A copy of the Investment Policy, which contains the separate Investment Strategies, for fiscal year 2018-2019 is attached to this resolution as Exhibit A and incorporated by reference into this resolution as if set out here in its entirety. Section 2. Style and formatting changes, along with substantive amendments, are being made to the previous fiscal year's 2017-2018 Investment Policy and Investment Strategies document, with such changes and amendments delineated and described in the attached Exhibit B, which exhibit is incorporated by reference into this resolution as if set out here in its entirety. Section 3. With an updated issuance date that coincides with the date this resolution is passed, the City Council approves the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2018-2019 and reaffirms the continuation of the policy and strategies in full force and effect. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary 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 Greg Smith Carolyn Vaughn (vacant) Page 2 of 2 EXHIBIT "A" City of Corpus Christi Investment Policy and Investment Strategies Adopted December 4, 2018 TABLE OF CONTENTS I. POLICY STATEMENT 1 II. SCOPE 1 III. PRUDENCE 2 IV. OBJECTIVES 2 V. LEGAL LIMITATIONS AND AUTHORITIES 3 VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY 3 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS 5 VIII. AUTHORIZED INVESTMENTS 5 IX. COLLATERALIZATION 7 X. SAFEKEEPING 8 XI. INTERNAL CONTROLS 8 XII. REPORTING 9 XIII. DEPOSITORIES 10 XIV. AUDITS AND COMPLIANCE WITH LAWS 10 XV. INVESTMENT POLICY ADOPTION 11 XVI. INVESTMENT STRATEGIES 12 APPENDIX A. RESOLUTION 14 CITY OF CORPUS CHRISTI INVESTMENT POLICY AND INVESTMENT STRATEGIES Adopted December 4, 2018 This Investment Policy ("Policy") sets forth the specific policies and guidelines and general strategy for the investment of funds of the City of Corpus Christi ("City") in order to achieve the City's goals of safety, liquidity, diversification, and yield and to preserve the public trust. This Policy satisfies the statutory requirements of the Public Funds Investment Act, Texas Government Code, Chapter 2256 ("Act") to define and adopt a formal investment policy and strategy and assures compliance with the Act. I. POLICY STATEMENT It is the policy of the City that the administration of its funds and the investment of those funds shall be handled as its highest public trust. Investments shall be made in a manner which will provide maximum security of principal invested through risk management and diversification strategies while meeting the cash flow needs of the City and conforming to all federal, State and local laws, rules and regulations governing the investment of public funds. The receipt of a reasonable yield is secondary to the requirements for safety and liquidity. Earnings from investment will be used in a manner that best serves the interests of the City. II. SCOPE This Policy governs the investment of all funds of the City as reported in the CAFR, except for the following: A. Employee's Retirement Fund, and B. Fireman's Retirement System. With respect to the funds of non-profit corporations that are established by City Council resolution and act on behalf of the City in accordance with State law, this Policy shall prevail in the absence of a specific investment policy adopted by the non-profit corporation. In addition to this Policy, the investment of bond proceeds and other bond funds (including debt and reserve funds) of the City or of a non-profit corporation established by the City and acting on behalf of the City in accordance with State law shall be governed and controlled by their creating ordinance, resolution or trust indenture, including the authorization of eligible investments, and by the provisions of the Internal Revenue Code of 1986, as amended, including all regulations and rulings promulgated thereunder applicable to the issuance of tax- exempt obligations. 1 All funds in the investment portfolio ("Portfolio") of the City are managed as a pooled fund group, referenced in this Policy as the City's Pooled Fund, except the following, which are managed as separately invested assets: A. Texas Utility System Junior Lien Revenue Improvement Bonds Escrow; B. Airport Passenger Facility Charges (PFC); and C. Law Enforcement Seized Assets. III. PRUDENCE The standard of care established by law to be used in the investment process shall be the "prudent person standard" and shall be applied in the context of managing the overall Portfolio, rather than a consideration as to the prudence of a single investment. The standard states that: Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. IV. OBJECTIVES All funds shall be managed and invested with four primary objectives, in order of their priority: A. Safety The preservation and safety of principal is the City's foremost objective. Investments shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall portfolio. Authorized investments are chosen for their high credit quality and stability. B. Liquidity The Portfolio shall remain sufficiently liquid, and retain a liquidity buffer, to assure that the City meets all reasonably anticipated expenditures. Investment decisions will be based on anticipated cash flows and only high -credit quality securities will be used for their marketability. C. Yield The Portfolio shall be designed with the objective of attaining a reasonable market yield taking into account the investment risk constraints and liquidity needs of the City. 2 D. Diversification The City will diversify its investments by maturity and market sector in an effort to avoid incurring unreasonable and avoidable market risks. V. LEGAL LIMITATIONS AND AUTHORITIES Specific investment parameters for the investment of public funds in Texas are found in the Act. All investments will be made in accordance with the Act, this Policy, and any applicable financial indentures or trust requirements. VI. DELEGATION OF AUTHORITY AND RESPONSIBILITY All participants in the investment process shall seek to act responsibly as custodians of the public trust. A. City Council The City Council has ultimate fiduciary responsibility for all funds. The City Council is responsible for reviewing and adopting the Policy on no Tess than an annual basis. The City Council shall receive and review quarterly investment reports, approved by the Investment Committee, from the Investment Officers. B. Investment Committee An Investment Committee shall meet at least quarterly to review and determine operational strategies and to monitor investment results. The Investment Committee shall consist of the City Manager, Assistant City Managers, Director of Financial Services, City Attorney, and Director of Management and Budget. The Investment Committee shall include in its deliberation such topics as: economic outlook, diversification, maturity structure, risk, and performance of the portfolio. At least annually, the Investment Committee shall review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. The Investment Committee shall be responsible for monitoring, reviewing, and making recommendations regarding the Policy to the City Council. The Investment Committee will review quarterly investment reports before submission to the City Council. C. Investment Officers Investment Officers are designated by City Council resolution until such designation is rescinded. The authority to invest City funds and the execution of any documentation necessary is granted to the Investment Officers consisting of the Director of Financial Services, Assistant Director of Financial Services over Accounting, City Treasurer and Investment Analyst. The Investment Officers are responsible for the daily operation of the investment program; shall comply with this Policy, the Act, and all applicable federal, State, 3 and City laws, rules, and regulations; and will provide complete reports to the Investment Committee on a quarterly basis. The Investment Officers will retain all documentation on investment transactions. Each Investment Officer, including the Director of Financial Services, shall attend at least 10 hours of training within 12 months after taking office or designation as an Investment Officer and eight hours of investment training in each succeeding two-year fiscal period. Training must be received from an independent source approved by the City's Investment Committee and must include education in investment controls, security risks, strategy risks, market risks, diversification of the investment portfolio and compliance with the Act. The Investment Officers will avoid any transaction that might impair public confidence in the City. The Investment Officers may not engage in an investment transaction except as provided under the terms of this Policy. In order to ensure quality and capability of investment management, the Investment Officers shall possess sufficient working knowledge of economics and securities markets, as well as the experience and judgment necessary to carry out the responsibilities outlined in this Policy. D. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. E. Ethics and Conflicts of Interest Investment Officers shall comply with the City's Code of Ethics which requires disclosure of financial interests each year. Investment Officers shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Investment Officers shall disclose to the City Council any material investment decisions and financial interests in institutions that conduct investment or banking transactions with the City. Investment Officers must file a disclosure statement with the Texas Ethics Commission and City Council if: 1. The Investment Officer has a personal business relationship with a business organization offering to engage in an investment transaction with the City (as defined in 2256.005 (i)(1-3)); or 2. The Investment Officer is related within the second degree by affinity or consanguinity, as determined under Chapter 573 of the Texas Government Code, to an individual seeking to transact investment business with the City. 4 VII. AUTHORIZED FINANCIAL INSTITUTIONS AND BROKER/DEALERS All investment transactions shall be made through the financial institutions or broker/dealers approved by the Investment Committee. No investment transactions may be entered into with a brokerage subsidiary of the City's safekeeping bank in order to perfect delivery versus payment (DVP) requirements for trade independence. Th Investment Officers will provide each authorized financial institution and broker/dealer a copy of this Policy to ensure that they are familiar with the goals and objectives of the City as required by the Act. Investments shall only be made with those financial institutions or broker/dealers (including money market mutual funds and local government investment pools) which have provided the City with a written certification executed by a qualified representative of the firm acknowledging that the business organization has: A. Received, and thoroughly reviewed the Policy; and B. Implemented reasonable controls and procedures in an effort to preclude investment transactions not authorized by the Policy, except to the extent that this authorization is dependent on an analysis of the makeup of the City's Portfolio or requires an interpretation of subjective investment standards. The Investment Officers will request the Investment Committee authorize the deletion of financial institutions or broker/dealers for: A. Slow response time; B. Inability to compete with other authorized firms; C. Insufficient market information on technical or fundamental expectations based on economic indicators; D. Failed transactions or continuing operations difficulties; or E. Unwillingness to abide by this Policy. VIII. AUTHORIZED INVESTMENTS A. Investments Authorized investments under this Policy shall be limited to the instruments listed below as further described by the Act. If additional types of securities are approved for investment of public funds by State statute, they will not be eligible for investment by the City until this Policy has been amended and the amended version adopted by the City Council. The City is not required to liquidate investments that were authorized investments at the time of purchase (2256.017). 1. Obligations of the U.S. Government, its agencies and instrumentalities, excluding 5 mortgage backed securities, with a maximum stated maturity of three years [2256.009(a)(1)]. 2. Fully Federal Deposit Insurance Corporation (FDIC) insured or collateralized depository certificates of deposit of a depository institution that has its main office or a branch office in Texas with a maximum maturity of one year (2256.010). 3. Fully collateralized direct repurchase agreements with a defined termination date secured in accordance with this Policy and placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this State. All repurchase agreement transactions shall be governed in accordance with the Act. The maximum stated maturity shall be one year with the exception of flex repurchase agreements used for bond proceeds capital projects. The flex repurchase agreement transaction shall be matched to the expenditure plan of the bonds (2256.011). 4. AAA, or equivalent, rated local government investment pools defined by the Act and striving to maintain a $1 net asset value and specifically approved for participation by a resolution of the City Council (2256.016). 5. AAA -rated, SEC registered no-load money market mutual funds which strive to maintain a $1 net asset value [2256.014(a)]. 6. Fully FDIC insured or collateralized interest-bearing depository accounts of banks in Texas [2256.009(a)(7)]. 7. General debt obligations of any U.S. state rated no less than A by a nationally recognized rating agency and with a maximum stated maturity of two years [2256.009(a)(5)]. 8. FDIC insured brokered certificate of deposit securities from a bank in any U.S. state, DVP to the City's safekeeping agent, not to exceed two years to maturity. Before purchase, the Investment Officers must verify the FDIC status of the bank on www.fdic.gov to assure the bank is FDIC insured [2256.010(b)]. 9. Al/P1 rated commercial paper with a maximum maturity of 180 days (2256.013). 10. Guaranteed investment contracts with a maximum maturity of two years and executed in accordance with the Act (2256.015). 11. Securities lending transactions with primary dealers or banks doing business in Texas in accordance with the Act (2256.0115). B. Competitive Bidding Requirement It is the policy of the City to require competitive bidding for all security purchases and sales, except for: 1. Transactions with money market mutual funds and local government investment pools; 2. Treasury and agency securities purchased at issue; 3. Automatic overnight "sweep" transactions with the city depository; 4. Fully insured certificate of deposit placed in accordance with the Act [2256.010 (b)]; 5. Repurchase agreements; and 6. Guaranteed investment contracts. 6 At least three bids or offers must be solicited for all other transactions involving individual securities. In situations where the exact security is not offered by other dealers, offers on the closest comparable investment may be used to establish a fair market price for the security. Bids for certificates of deposit may be solicited in any manner permitted by the Act. C. DVP Requirement All transactions, excluding local government investment pool and mutual fund transactions, shall be conducted on a DVP basis. IX. COLLATERALIZATION The City requires that all uninsured collected balances plus accrued interest, if any, in depository accounts be secured in accordance with the requirements of the Depository Services Agreement, this Policy, the Public Funds Collateral Act (Texas Government Code, Chapter 2257), and the Financial Institutions Reform, Recovery, and Enforcement Act of 1989. A. Time and Demand Deposit Pledged Collateral Consistent with State law, the City requires all bank time and demand deposits to be federally insured and collateralized above federal insurance coverage with eligible securities. Depository collateral is pledged to and not owned by the City. All collateral shall be held by an independent third -party custodian approved by the City under an executed collateral agreement with the pledging bank. The custodian shall provide a monthly report of the collateral. The value of pledged securities must be at least 102% of deposits including accrued interest. Eligible collateral securities shall only include: 1. Obligations of the U.S. Government, its agencies and instrumentalities, including mortgage backed securities and collateralized mortgage obligations passing the Federal Reserve bank test, 2. Municipal debt obligations rated not Tess than A by a nationally recognized rating agency, or 3. Letters of credit issued to the City by the Federal Home Loan Bank. The City's Investment Officers reserve the right to accept or reject any form of collateral or enhancement at their sole discretion. Collateralization often requires substitution. The substituted collateral's market value will be calculated and, if its market value is equal to or greater than the required collateral value, the substitution is allowed. Substitutions should be limited to minimize the City's transactional recording requirements. 7 Should the collateral's market value exceed the required amount, the pledging Institution may request approval from an Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the total collateral market value exceeds the required amount. B. Repurchase Agreements Owned Collateral Collateral under a repurchase agreement is owned by the City (2256.011). It will be held by an independent third -party safekeeping institution approved by the City under an executed Bond Market Master Repurchase Agreement. Securities (collateral) with a market value totaling 102% of the principal and accrued interest of the repurchase agreement is required, and the third -party is responsible for the monitoring and maintaining of collateral and margins daily. Authorized collateral for repurchase agreements will include only: 1. Cash; 2. Obligations of the U.S. Government, its agencies and instrumentalities including mortgage-backed securities and CMO which pass the bank test; or 3. Debt obligations of any U.S. state or U.S. state sub -division rated A or better by at least one nationally recognized rating agency. X. SAFEKEEPING The City shall maintain safekeeping with its banking institution or other banks for the safekeeping of City -owned securities (including those owned under a repurchase agreement or guaranteed investment contract). All collateral must be held in the City's name and must be so reflected on the safekeeping receipts. All security transactions shall be settled on a DVP basis by the safekeeping institution (2256.005). Securities shall not be held in any brokerage account. Securities shall not be bought from the City's depository bank in order to provide perfected DVP. The safekeeping institution shall be required to issue safekeeping receipts listing each specific security, rate, description, maturity, Committee on Uniform Security Identification Procedures (CUSIP) number, and other pertinent information which will be maintained by the Investment Officers. XI. INTERNAL CONTROLS The Investment Officers will maintain controls to regulate the activities of the investment program in accordance with this Policy. The controls shall be designed to prevent Toss of funds due to fraud, employee error, misrepresentation by third parties, unanticipated market 8 changes, or imprudent actions. Internal controls deemed most important would include: competitive bidding, control of collusion, separation of duties, safekeeping, delegation of authority, and documentation. In conjunction with the annual financial audit, a compliance audit of management controls on investments and adherence to this Policy shall be performed. A. Cash Flow Forecasting Cash flow analysis and forecasting is designed to protect and sustain cash flow requirements of the City. Executive management of the City will inform the Investment Officers of anticipated cash flows which will be used for cash flow and investment purposes. B. Loss of Rating The Investment Officers shall monitor the credit rating on all authorized investments in the portfolio which require ratings by policy or law. Ratings will be based upon independent information from a nationally recognized rating agency. An investment that requires a minimum rating under the Act does not qualify as an authorized investment during the period the investment does not have the minimum rating. The City shall take all prudent measures that are consistent with this Policy to liquidate an investment that does not have the minimum rating. If any security falls below the minimum rating required by Policy or law, the Investment Officers shall notify the Committee of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within one week after the loss of the required rating (2256.021). C. Monitoring FDIC Coverage The Investment Officers shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered certificates of deposit owned by the City based upon information from the FDIC. If any bank has been acquired or merged with another bank in which brokered certificates of deposit are owned by the City, the Investment Officers shall immediately liquidate any brokered certificate of deposit which places the City above the FDIC insurance level. XII. REPORTING In accordance with the Act (2256.023), not less than quarterly, the Investment Officers shall prepare and submit to the Investment Committee and City Council a written report of investment transactions for all funds covered by the Act and this Policy for the preceding reporting period within a reasonable time after the end of the period. The report must: A. Describe in detail the investment position of the portfolio on the date of the report; B. Be prepared jointly by all Investment Officers of the City; C. Be signed by each Investment Officer of the City; D. Contain a summary statement of each pooled fund group that states the: 9 1. Beginning market value for the reporting period; 2. Ending market value for the period; and 3. Fully accrued interest for the reporting period; E. State the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; F. State the maturity date of each separately invested asset that has a maturity date; G. State the account or fund or pooled group fund in City for which each individual investment was acquired; and H. State the compliance of the investment portfolio of the City as it relates to: 1. The investment strategy expressed in this Policy; and 2. Relevant provisions of Section 2256.023 of the Act. The quarterly reports prepared by the Investment Officers shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to City Council by that auditor. In addition to quarterly reports, the Investment Officers will submit to the Director of Financial Services the following reports on a monthly basis: A. Cash position by bank account; B. Collateral position; and C. Investment transaction. Market prices for market value calculations shall be obtained from nationally recognized securities databases including those provided by the City's depository bank through its safekeeping services and Bloomberg Professional Services. XIII. DEPOSITORIES The City designates one banking institution for banking services through a competitive process at least every five years. Written depository agreements shall be executed before funds are transferred. XIV. AUDITS AND COMPLIANCE WITH LAWS Each banking institution agrees to comply with all federal, State, and local laws, rules, and regulations. The personnel or officers of such institution shall be fully qualified and authorized under federal, State, and local law to perform the services set out under this Policy. Each institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records of all contracts, invoices, materials, and other data relating to applicable investments. 10 XV. INVESTMENT POLICY ADOPTION The City Council shall review and adopt by resolution its Investment Policy and Investment Strategies not less than annually, and the approving resolution shall designate any changes made to the Policy and Strategies. <This space is intentionally left blank.> 11 XVI. INVESTMENT STRATEGIES The City's Investment Portfolio ("Portfolio") will be designed and managed based on projected cash flows to provide for all anticipated and projected cash needs for each fund. The Portfolio is to be managed pro -actively considering ongoing market changes but is essentially a buy -and - hold portfolio. Information on expected expenditures from the executive management of the City will be incorporated into investment decisions. The overall investment program shall be designed and managed with a degree of professionalism worthy of public trust. The investment strategy for funds established after the annual Policy adoption will be managed in accordance with the terms of this Policy and applicable agreements until a specific strategy is reviewed and adopted. A. Pooled Fund Strategy The City's Pooled Fund is an aggregation of City funds which include tax receipts, enterprise revenue, fine and fee revenues, as well as, bond proceeds, grants, gifts, and endowments. The City's Pooled Fund may include funds from various Corporations associated with the City which receive income distributions from their pro -rata share of the full fund group. The City's Pooled Fund is maintained to meet anticipated daily cash needs for City operations, capital projects, and debt service payments. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high -credit quality investments for which a strong secondary market exists which are designed to assure on-going suitability and marketability of such investments; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Limit market and credit risk through diversification; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy. The City's Pooled Fund shall have a maximum dollar -weighted average maturity (WAM) of one year (365 days) designed to meet anticipated cash flow needs. The fund shall be laddered based on cash flow analysis to provide ongoing liquidity for anticipated needs and provide for reasonable extension. A minimum of 15% of the City's Pooled Fund shall be held in cash or cash equivalents for liquidity and no more than 40% may be invested longer than one year. Changes in City cash flows may change percentage representations over time. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for a temporary period greater than thirty (30) days without the Investment Officers taking corrective action. The risks in the City's Pooled Fund shall be measured quarterly against a risk benchmark designed to mirror the authorized market investments and the City's cash flow requirements. Because this fund is dictated by cash flow needs, the benchmark becomes a measure of risk which reflects the primary market rates matched to the WAM. With a 12 maximum WAM of one year, the risk benchmark is established as the one-year Treasury Bill for the comparable period. The fund should track the risk benchmark but will naturally lag as market interest rates, which adjust daily, move. B. Texas Utility System Junior Lien Revenue Improvement Bonds Escrow Fund Strategy This escrow fund was established pursuant to an escrow agreement dated as of August 29, 2017 with The Bank of New York Mellon Trust Company, N.A. Escrow will be maintained with The Bank of New York Mellon Trust Company, N.A. in investments authorized by the Act and this Policy. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow agreement. C. Airport Passenger Facility Charges (PFC) Fund Strategy The Airport PFC Fund is revenue comprised of fees imposed as authorized by The Aviation Safety and Capacity Expansion Act of 1190 (Public Law 101-508, Title II, Subtitle B). The revenue is segregated as required by the Passenger Facility Charge Audit Guide for Public Agencies, issued by the Federal Aviation Administration. The objectives of this fund are to: 1. Ensure safety of principal by investing only in high credit quality investments for which a strong secondary market exists; 2. Ensure that anticipated cash flows are matched with adequate investment liquidity; 3. Manage market and credit risk through diversification of investments and the requirement of AAA ratings; and 4. Attain a market yield commensurate with the objectives and restrictions set forth in this Policy and the escrow agreement. D. Law Enforcement Seized Assets Fund Strategy The Law Enforcement Seized Assets Fund is comprised of seized contraband money that, per the Code of Criminal Procedure, Chapter 59, Article 8, may be deposited in an interest- bearing bank account in the jurisdiction of the attorney representing the State until final judgment is rendered concerning the contraband. The objective of this fund is to ensure safety of principal by investing only in a fully FDIC -insured or collateralized interest-bearing depository account of banks in Texas. Since the revenue will only be deposited into this type of investment, there is no liquidity risk, market risk, diversification risk, nor credit risk. 13 APPENDIX "A" Resolution amending and reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2018- 2019. WHEREAS, the City of Corpus Christi's Investment Policy and Investment Strategies were first adopted pursuant to Resolution No. 022390 on October 24, 1995; WHEREAS, the Texas Public Funds Investment Act requires the governing body to annually review, amend as necessary, and reaffirm its investment policy and invest- ment strategies; WHEREAS, the Investment Policy and Investment Strategies were previously re- viewed for fiscal year 2017-2018 on December 19, 2017, and reaffirmed pursuant to Resolution No. 031314; and WHEREAS, the Investment Policy and Investment Strategies were reviewed for fiscal year 2018-2019 by the Investment Committee on November 15, 2018; recom- mended for approval with style and formatting changes; substantive amendments; and an updated issuance date; and recommended for reaffirmation by the City Council; Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council has reviewed the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2018-2019. A copy of the Investment Policy, which contains the separate Investment Strategies, for fiscal year 2018-2019 is attached to this resolution as Exhibit A and incorporated by reference into this resolution as if set out here in its entirety. Section 2. Style and formatting changes, along with substantive amendments, are being made to the previous fiscal year's 2017-2018 Investment Policy and Investment Strategies document, with such changes and amendments delineated and described in the attached Exhibit B, which exhibit is incorporated by reference into this resolution as if set out here in its entirety. Section 3. With an updated issuance date that coincides with the date this resolution is passed, the City Council approves the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2018-2019 and reaffirms the continuation of the policy and strategies in full force and effect. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta City Secretary 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 Greg Smith Carolyn Vaughn (vacant) Page 2 of 2 Page 1 of 2 EXHIBIT “B” City of Corpus Christi Investment Policy and Investment Strategies Substantive Changes The City of Corpus Christi Investment Policy and Investment Strategies has been revised in an effort to simplify and update the document to reflect current investment practices and language in the Public Funds Investment Act (PFIA). This process included the following recommended substantial changes to the policy: 1. Update overall style, structure, and format of document for ease of application and readability. 2. Update title of the document to include investment strategies. 3. Remove the following appendices not required to be included:  Appendix A – Texas Public Funds Investment Act  Appendix B – Code of Ethics  Appendix D – Legal Defense and Indemnification of City Officers and Employees 4. Remove definitions section; words are defined within the body of the document. 5. Simplify scope to include all funds of the City instead of listing out specific types of funds covered by the policy. 6. Update ethics section to reflect PFIA requirements. Only investment officers are required to complete a disclosure of financial interest because investment decisions are made only by investment officers. 7. Remove specific approved training organizations; replace with language in line with the PFIA. 8. Add the Director of Financial Services and Assistant Director of Financial Services over Accounting as Investment Officers. 9. Remove Texas Term Investment Pool as an authorized investment. 10. Add the following authorized investments:  Interest-bearing depository accounts of banks in Texas  General debt obligations of any US state  Commercial paper  Securities lending 11. Increase maximum maturity of investments from 2 years to 3 years. Weighted average maturity (WAM) will remain the same at 1 year. This allows for added flexibility to increase earnings in varying market conditions. 12. Update risk benchmark requirement to reflect 1-Year U.S. Treasury. 13. Consolidate safekeeping requirements into one section. Page 2 of 2 14. Remove prohibited collateral section; add eligible collateral section. 15. Add the City’s depository services agreement as a required document to be followed with regard to collateralization. 16. Remove collateral monitoring since this requirement is outlined in the City’s depository services agreement and the Public Funds Collateral Act. 17. Move investment strategies section to the end of the document. 18. Remove record retention requirement as the City is required to follow State record retention rules. 19. Remove external reporting/evaluations section; investment officers can obtain this information online when needed. 20. Remove audits and inspections section; replace with audits and compliance with laws section. 21. Update and expand on investment strategies to reflect current investment practices of the City. a. Removed strategies for:  Operating and CIP Funds  Debt Service Funds  Debt Service Reserve Funds  Special Purpose Funds b. Added strategies for:  Pooled Fund Strategy  Texas Utility System Junior Lien Revenue Improvement Bonds Escrow Strategy  Airport Passenger Facility Charges Fund Strategy  Law Enforcement Seized Assets Fund Strategy 22. Remove inapplicable quarterly reports; replace with reporting requirements as listed in the PFIA. CITY OF CORPUS CHRISTI, TEXAS FINANCIAL SERVICES INVESTMENT POLICY December 19, 2017 i TABLE OF CONTENTS Page I. INTRODUCTION ............................................................................................................ 1 II. PURPOSE ...................................................................................................................... 1 III. DEFINITIONS ................................................................................................................. 2 IV. INVESTMENT OBJECTIVES ......................................................................................... 4 V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY ......................................... 5 VI. INVESTMENT STRATEGIES ......................................................................................... 9 VII. DESIGNATION OF RESPONSIBILITY ......................................................................... 11 VIII. INTERNAL CONTROLS ............................................................................................... 12 IX. COMPETITIVE SOLICITATION .................................................................................... 13 X. AUTHORIZED COUNTER-PARTIES ........................................................................... 14 XI. COLLATERALIZATION ................................................................................................ 15 XII. SAFEKEEPING OF CITY SECURITIES ....................................................................... 15 XIII. INFORMATION REPORTING/PORTFOLIO EVALUATION .......................................... 16 XIV. BANKING SERVICES .................................................................................................. 17 XV. ANNUAL POLICY ADOPTION ..................................................................................... 17 XVI. GENERAL PROVISIONS ............................................................................................. 17 APPENDICES A. TEXAS PUBLIC FUNDS INVESTMENT ACT .......................................................... 19-54 B. CODE OF ETHICS ................................................................................................... 55-63 C. RESOLUTION ......................................................................................................... 64-66 D. LEGAL DEFENSE AND INDEMNIFICATION OF CITY OFFICERS AND EMPLOYEES .......................................................................................................... 67-68 1 I. INTRODUCTION The City of Corpus Christi shall invest all available monies in compliance with this Investment Policy as adopted by the City Council and authorized by the Public Funds Investment Act. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management program will be pursued to maximize interest earnings as a viable and material revenue source. The City’s portfolio shall be designated and managed in a manner responsive to the public trust and consistent with local, state and federal law. Investments shall be made with the primary objective of: • Preservation of capital and protection of principal; • Maintenance of sufficient liquidity to meet operating needs; • Security of city funds and investments; • Diversification of investments to minimize risk while maximizing interest earnings; and • Maximization of return on the portfolio. Earnings from investments will be used in a manner that will best serve the interests of the City of Corpus Christi. Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of that person’s own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. II. PURPOSE A. Authorization This Investment Policy is authorized by the City Council in accordance with Chapter 2256, Subchapter A of the Texas Government Code - The Public Funds Investment Act (the “Act” attached and incorporated as Appendix A). B. Scope This Investment Policy applies to all funds of the City, excluding pension funds, with regard to investing the financial assets of Funds, including, but not limited to: General Fund Special Revenue Funds Enterprise Funds Internal Service Funds Special Purpose Funds (within the control of Investment Officers) Capital Improvement Funds (including Bond Proceeds, Bond Reserves, Debt Service, Commercial Paper and any other debt instrument) In addition to this Policy, the investment of Bond Funds, Debt Service, and Reserve Funds shall be managed (including the yield calculation thereon) by 2 their governing ordinances and Federal Law, including the Tax Reform Act of 1986 and subsequent legislation. C. Review and Amendment This Policy shall be reviewed and adopted no less than annually by the City Council on or before December 31 of each calendar year. Amendments must be adopted by the City Council. The City Council shall adopt a written instrument by ordinance or resolution stating that it has reviewed the Investment Policy. This ordinance or resolution shall record any changes made to the Investment Policy. III. DEFINITIONS Authorized Broker/Dealer - Primary dealer and regional firms that have been selected by the federal underwriters to distribute their securities. Each authorized firm in a Broker/Dealer will offer the issue at the price authorized by the governmental agency on the initial market issuance. Authorized City Representatives – Investment Officers and City Officers authorized to execute transactions are designated in the attached and incorporated Appendix A on behalf of the City. (Specific positions so authorized are the City Treasurer, Investment Analyst, Controller, Chief Accountant, Assistant Director of Financial Services and Director of Financial Services). Authorized Investment – Authorized investments defined by this Policy with a maximum maturity are approved by the Investment Committee and City Council. All Policy authorized securities are listed in Section V. Collateral - Securities pledged by a banking institution or sold under a repurchase agreement, to guarantee City assets. All collateral must be AAA rated. The City requires U.S. Treasuries, U.S. Agency Securities or municipal obligations as collateral so that the market values can be readily determined at any point in time. Collateral requirements are defined in Section XI. Cusip Number - A cusip is a 9-character alphanumeric code which identifies a financial security for purposes of facilitating clearing and settlement of trades. Custodian – An approved independent custodian charged with the safekeeping of securities owned by or pledged to the City. An independent custodian is one not affiliated with any pledging institution or counter-party. Director of Financial Services - The Director of Financial Services is the Municipal Finance Officer responsible for City investments, but not designated as an Investment Officer. The Director of Financial Services may designate the Assistant Director of Financial Services, Controller or Chief Accountant to assist in this process. Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings. Failed Transaction – A transaction in which an investment is not delivered to an institution for operational or availability reasons. The security would fail to be delivered to the Custodian. 3 Institution - Any firm, bank, bank holding company, broker/dealer or Public Funds Investment Pool that offers to sell/buy a financial transaction/security to the City. All such firms must complete a Policy certification as stated by this Policy. Investment Advisor – SEC registered investment advisor contracted by the City to assist in the portfolio management process, reporting and treasury operations/controls. Investment Officers – Individuals designated by the City Council to execute investment transactions. Positions include only the City Treasurer and Investment Analyst. Investment Portfolio - All City monies and securities invested under authority of the Investment Officers. Qualified Representative – As defined by the Act, a person, who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) For a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) For a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) For an investment public funds investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment public funds investment pool to sign the written instrument on behalf of the investment public funds investment pool; or (D) For an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. Reserve Funds - Funds designated by the City Council for specific purposes, which have not been appropriated for spending. Securities - Approved Investments designated by the Investment Committee, as defined by Section VII, to be held in the Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City. Special Purpose Funds - Monies of non-profit corporations that Investment Officers are permitted to invest; includes such entities as the Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First Time Home Buyer, Corpus Christi Industrial Development Corporation, Corpus Christi Business and Job Development Corporation, North Padre Island Development Corporation, Corpus Christi Crime Control and Prevention District, and Corpus Christi Digital Community Development Corporation. 4 Third Party Safekeeping Institution - Any Institution not affiliated with an Institution delivering the Authorized Investment. IV. INVESTMENT OBJECTIVES The following states the investment objectives of the City in order of priority: A. Preservation and Safety of Principal Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall Investment Portfolio. B. Liquidity The City’s Investment Portfolio must be structured in a manner which maintains the liquidity necessary to pay obligations as they become due. Sufficient cash flows must be maintained through cash flow analysis and by rapidly depositing monies and timing disbursements. Generally, Investments are matched to specific cash flow requirements such as payrolls, construction drawdown schedules, debt service payments, and other payables. Liquidity is also achieved by investing in Authorized Investments with active secondary markets or in Public Funds Investment Pools with stable net asset values. C. Investment Yield The City’s Investment Portfolio shall be designed with the objective of regularly exceeding the average yield of the following benchmarks in a manner consistent with the principles of this Policy described in Section IV. A and B and reflecting the cash flow expectations and portfolio strategy of the City: Six-month average of Texpool, Texstar and Texas Daily. However, it must be recognized that differing interest rate environments will result in fluctuations. During a declining market, satisfying this objective may not be practical until Authorized Investments mature and can be re-invested, especially since preservation of capital is the first priority in the investment of monies pursuant to this Policy. For bond issues to which arbitrage restrictions apply, the primary objectives shall be to avoid negative arbitrage and to obtain market yields minimizing the costs associated with investing such monies. D. Diversification Diversification is required because of differing liquidity needs of the City and to control risk. Diversification minimizes the risk to the overall Investment Portfolio by spreading market and credit risk as well as potential losses on individual securities or market sector thereby enhancing safety of the Investment Portfolio. 5 Through the solicitation of competitive proposals, the City shall allocate and diversify its Investments through various Institutions. The following types of Investments will be solicited from approved Institutions: 1. Obligations of the United States; including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States. 2. Repurchase Agreements - through a Third Party Safekeeping Institution Agreement, which includes an approved primary dealer doing business in Texas as required by the PFIA; 3. Public Funds Investment Pools - through participation agreements; 4. Certificates of Deposit - through approved local banks or a broker that has a main office or a branch office in this state and is selected from a list adopted by the investing entity. 5. Money Market Mutual Funds; 6. Guaranteed Investment Contracts (for Bond Proceeds only); and 7. Texas Term Investment Pool; The City recognizes that investment risks can result from default risk, credit volatility risk, and market price risks due to various technical and fundamental economic factors, and other complications, leading to temporary illiquidity. To control market price risks, volatile Investments shall be avoided. To control default risk, the only acceptable method of payment will be on a delivery versus payment-basis for all transactions, except Public Funds Investment Pools and repurchase agreements. Delivery versus Payment provides for payment to Institutions at the time the Investments are recorded in book entry form at the City’s Third Party Safekeeping Institution, currently maintained at the Federal Reserve. For certificates of deposit, sufficient Collateral at 102% of current market values must be pledged to protect all City monies or monies under its control that exceed Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be safe kept at a Third Party Safekeeping Institution not affiliated with the bank or bank holding company providing the certificate of deposit. V. AUTHORIZED INVESTMENTS AND MAXIMUM MATURITY The City of Corpus Christi is authorized to invest only in the following investments. City monies, governed by this Policy, may not be invested in other investments permitted by law unless this Policy is amended and adopted to permit such investment. A. Authorized Investments 1. Obligations of the United States or its agencies and instrumentalities, excluding mortgage backed securities, which currently include the following stated final maturities: a. Short-term U.S. Treasuries: Maximum Maturity 1.) U.S. Treasury Bills ................................................ up to 365 days* 2.) U.S. Treasury Coupon Notes ................................... up to 3 years* 3.) U.S. Treasury Notes and Strips ................................ up to 3 years* 6 b. U.S. Agencies: Maximum Maturity 1.) Federal Home Loan Bank ........................................ up to 2 years* 2.) Federal National Mortgage Association. ................... up to 2 years* 3.) Federal Farm Credit ................................................. up to 2 years* 4.) Federal Home Loan Mortgage Corporation…………. up to 2 years* 5.) Federal Agricultural Mortgage Corporation .............. up to 2 years* *Reserve Funds invested in Treasury and Agency obligations may have a stated final maturity up to five years. 2. Repurchase Agreements ...................................................... up to 365 days Repurchase agreements must be fully collateralized at 102% with a defined maturity date, is secured by a combination of cash and obligations, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States placed with a primary government dealer with collateral, and safekept at a City approved Custodian, as provided under the provisions of the SIFMA (Securities Industry and Financial Markets Association) Master Repurchase Agreement. An executed agreement between the City, primary government dealer and Custodian will be on file before the City will enter into a tri-party repurchase agreement. Weekly monitoring by the City’s Investment Officers or Advisor of all Collateral underlying repurchase agreements is required. More frequent monitoring may be necessary during periods of market volatility. 3. Public Funds Investment Pool ……………………………………..up to 1 day A Public Funds Investment Pool duly created and managed in accordance with the Act to function as a money market mutual fund that marks its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio to market daily at $1 net asset value. If the ratio of the market value of the Public funds investment pool’s portfolio divided by the book value of the portfolio is less than 99.50% or greater than 100.50%, the Public funds investment pool’s portfolio holdings shall be sold as necessary to maintain the ratio between 99.50% and 100.50%. The maximum amount that may be invested in any one public funds investment pool is five (5) percent of the total current invested balance of the Public Funds Investment Pool. The maximum total amount that may be invested in any one overnight Public Funds Investment Pool is thirty (30) percent of the Investment Portfolio. The Public Funds Investment Pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service. Public Funds Investment Pools may contain investment securities that are not directly authorized by this Policy, so long as (i) the AAA rating is standard herein above stated is satisfied, and (ii) the investment is permitted by Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of the Texas Government Code. 7 An investment pool may invest its funds in money market mutual funds to the extent permitted by and consistent with the investment policies and objectives adopted by the investment pool. In addition to the requirements of its investment policy and any other forms of reporting, a public funds investment pool created to function as a money market fund shall report yield to its investors in accordance with regulations of the Securities and Exchange Commission applicable to reporting by money market funds. If the investment pool operates as an internet website, the information in a disclosure instrument or report must be posted on the website. 4. Collateralized and Brokered Certificates of Deposit .............. up to 2 years Certificates of deposit or other instruments issued by state and national banks domiciled in Texas that are: Guaranteed or insured by the Federal Deposit Insurance Corporation or its successor; or Secured at 102% by obligations defined by Section XI of this Policy. a. Collateralized Certificates of Deposit Certificates of deposit must be fully collateralized at 102% of their market value. The City requires the bank to pledge U.S. Treasuries or U.S. Agencies as collateral as described in section V, Subdivision A.1. The Investment Officers will monitor adequacy of collateralization on a weekly basis. b. Brokered Certificates of Deposit The Investment Officer shall monitor, on no less than a weekly basis, the status and ownership of all banks issuing brokered CDs owned by the City of Corpus Christi based upon information from the FDIC. Brokered CDs will be required to have a cusip number and be held in safekeeping at a third-party institution. If any bank has been acquired or merged with another bank in which brokered CDs are owned, the Investment Officer shall immediately liquidate any brokered CD which is above the FDIC insurance level. 5. Money Market Mutual Fund ………………………………….……up to 1 year A AAA-rated no-load money market mutual fund (no service charge) is an authorized investment if: a. the money market mutual fund is registered with and regulated by the Securities and Exchange Commission; b. the money market mutual fund provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); c. the money market mutual fund includes in its investment objectives the maintenance of a stable net asset value of $1 for each share; 8 d. the assets of the money market mutual fund are invested in those investments authorized under this Investment Policy; and e. the money market mutual fund has a dollar weighted average stated maturity of 90 days or fewer. 6. Guaranteed Investment Contracts ........................................... up to 3 years Guaranteed investment contracts offer to pay a specific interest rate over a period of time, and can be structured to reflect an anticipated draw down schedule for capital improvements funded with bond proceeds. The collateral and monitoring requirements applicable to repurchase agreements shall apply to guaranteed investment contracts. A guaranteed investment contract may be utilized only in connection with the investment of bond proceeds. The maximum term of a guaranteed investment contract shall not exceed the anticipated construction period for the capital improvement, the construction of which is to be funded with Bond Proceeds. 7. Texas Term Investment Pool…………..…………………………….up to 1 year The Texas Term Investment Pool for fixed term investments was created as an investment pool and is a hybrid, mutual fund structure. The pool offers a fixed rate, fixed term portfolio option and is rated AAA by Standard and Poor’s Ratings Services. Participants may lock in a fixed rate for a term of 60 to 365 days. B. Weighted Average Maturity In order to assure adequate liquidity and to minimize risk of loss to the Investment Portfolio due to interest rate fluctuations, investment maturities will not exceed the anticipated cash flow requirements of the Funds. Maturity guidelines by Fund are as follows: The weighted average maturity (WAM) of the overall portfolio shall be no more than 365 days. 1. Operating Funds The maximum weighted average maturity of Operating Funds shall be 365 days. The Investment Officers will monitor the maturity level and adjust as appropriate throughout the fiscal year. 2. Capital Improvement Funds The maximum weighted average maturity of Capital Improvement Funds shall be 365 days. The Authorized Investment maturity of that portion of the City Portfolio that represents Capital Improvement Funds (bond proceeds, reserve funds, debt service and Commercial Paper) shall be determined considering: a. The anticipated cash flow requirements of the Capital Improvement Funds; and b. The “temporary period” as defined by Federal income tax law during 9 which time bond proceeds may be invested at an unrestricted yield. Bond proceeds subject to yield restriction shall be invested considering that yield restriction to avoid a challenge to the City’s related indebtedness qualification as an obligation, the interest in which is not subject to federal taxation under section 103 of the Internal Revenue Code of 1986 as amended (the “IRC”). Bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the Capital Improvement Funds. For all bond proceeds controlled by the tax-exempt bond provisions of the IRC a complete yield analysis shall be performed to assure compliance with the IRC. An annual rebate calculation shall be performed to assure compliance with IRC. An annual rebate calculation shall be performed to determine the City’s rebate liability at the end of each respective bond issue’s five-year term. On the third anniversary of the respective issue date for each bond issue, bond proceeds from such issue will be yield restricted as required by the IRC. 3. Reserve Funds Established by Operative Bond Funds or by the City Council. The following Reserve Funds may be invested up to five years in U.S. Treasuries or Agencies: Maximum Choke Canyon Fund 4050…………………………..$10,000,000 City monies governed by this Policy may not be invested in other investments permitted by law unless (i) such investments are specifically authorized for the investment of these monies by an ordinance adopted by the City Council issuing bonds or other debt obligations or (ii) this Policy is amended to permit such investment. C. Methods to Monitor Investment Market Price The City monitors the market price of investments obtained from Texpool’s securities pricing service or the Bloomberg system which is made available through the City’s authorized institutional brokers. The City may also obtain market price information from other nationally recognized sources of financial information such as the Wall Street Journal. VI. INVESTMENT STRATEGIES A. Investment Maturity Diversification A minimum of 15% of the total investment portfolio shall be held in Authorized Investments with maturity dates of 90 days or less for liquidity. U.S. Treasuries/Agencies may be purchased for longer-term maturities (greater than one year) but shall not exceed 40% of the total investment portfolio to preserve liquidity. The weighted average maturity limitation of the overall Investment Portfolio takes these requirements into account to protect liquidity and allow flexibility for market environments. Daily Authorized Investment reports shall monitor and address 10 whether these diversification requirements are being met. Unless approved by the Investment Committee, the target percentages specified shall not be exceeded for temporary periods greater than thirty (30) days without the Investment Officers taking corrective action. B. Strategies 1. Operating and CIP Funds Investment strategies for operating funds and capital improvement funds have as their primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create an Investment Portfolio structure, which will experience minimal volatility during economic cycles. To accomplish this strategy, the City will purchase high credit quality, short-to-intermediate term investments primarily in a laddered structure. To pay for anticipated disbursements, Authorized Investments will be laddered to correspond with the projected cash flow needs of the City. Investments maturing that are acquired on the short end of the yield curve 90 days or less will meet immediate cash needs. A few Authorized Investments are purchased on the intermediate part of the yield curve (1-3 year maturity) to lock in higher interest rates when rates are projected to decline due to the economic cycle of the economy. The dollar weighted average investment maturity of 365 days or less will be calculated using the stated final maturity dates of each investment. 2. Debt Service Funds Investment strategies for debt service funds shall have as the primary objective the assurance that debt service payment obligations are timely met. 3. Debt Service Reserve Funds Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream with a low degree of volatility. In accordance with the specific bond authorization document, investments should be of high credit quality, with short-to-intermediate-term maturities and a maximum weighted average maturity of one year. 4. Special Purpose Funds Investment strategies for Special Purpose Funds will have as their primary objective the assurance that anticipated cash flows are matched with adequate Authorized Investment liquidity. The stated final maturity dates and weighted average maturity shall be structured on the project completion date. These investment portfolios shall include highly liquid investments to allow for flexibility and unanticipated project outlays. 11 C. Achieving Investment Yield Objectives The City will utilize a conservative buy and hold strategy for the majority of the Investment Portfolio with investment selection based on legality, appropriateness, liquidity, and risk/return considerations. This strategy recognizes the unique needs of individual funds and provides for their recognized cash flow needs. The remaining portion of the Investment Portfolio may be invested actively and the reasons for doing so are: 1. Passive investment provides for: a. Investments targeted to pay upcoming anticipated disbursements. b. Liquidity to provide for a measure of anticipated disbursements and c. Laddering and diversification to manage market and credit risk. 2. Active investment provides for: a. The ability to improve yields in the Investment Portfolio by riding the yield curve during business cycle recovery and expansion periods. Interest rates on longer maturities typically exceed those on shorter maturities. Therefore, longer maturities (that can be held to maturity, if necessary) are purchased in anticipation of selling later at the same or lower interest rate, improving the total return during the holding period. b. The ability to improve market sector diversification by swapping out of one investment into another for a better total return, to realign for disbursement projections, or to extend or shorten maturity depending on economic forecasts. The City Manager, or his designee, is required to approve any investment that must be sold at a loss. All gains and losses will be reported to the City Council and Investment Committee no less frequently than on a quarterly basis. VII. DESIGNATION OF RESPONSIBILITY A. Investment Committee An Investment Committee, consisting of City Manager, Assistant City Managers, Director of Financial Services (or if vacant, Assistant Director of Financial Services), City Attorney, Assistant Director of Financial Services/Management and Budget shall meet at least quarterly to determine operational strategies and to monitor investment results. The Investment Committee will be responsible for monitoring, reviewing and making recommendations regarding the City’s Investment Portfolio to the City Council. The Investment Committee will review quarterly investment reports before 12 submission to the City Council and will, on no less than an annual basis, review and adopt a list of authorized broker/dealers prepared by the City. The Investment Committee shall include in its deliberation such topics as: economic outlook, Investment Portfolio diversification, maturity structure, risk and performance of the portfolio(s). B. Investment Officers The authority to invest City funds and the execution of any documentation necessary to evidence the investment of City funds is granted to the Investment Officers. The City Treasurer and the Investment Analyst are the designated Investment Officers responsible for the daily operation of the investment program. Investment Officers will prepare monthly and quarterly reports, maintain information on counter-parties, monitor collateral, and attend training as required by the Act. As required by the Act, each Investment Officer shall attend ten hours of training in accordance with the Act within 12 months of assuming responsibilities and attend 8hours of training that begins on the first day of that local government’s fiscal year and consists of the two consecutive fiscal years after that date. Training should include topics such as investment controls, security risk, market risks, diversification of the investment portfolio and compliance with Texas laws. The Investment Committee approves investment – training seminars presented by the following organizations: Government Finance Officers Association Government Finance Officers Association of Texas Government Treasurers Organization of Texas Association of Public Treasurer’s of the US & Canada Texas Municipal League University of North Texas Center for Public Management If the Investment Officer desires to attend an investment-training seminar presented by another organization for training credit, such seminar must be approved by the Director of Financial Services. C. Investment Advisor The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) to provide for the investment and management of City funds. The initial contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. VIII. INTERNAL CONTROLS The City Treasurer will establish a system of internal controls over the investment activities of the City and document such controls in the Investment Procedures Manual. These internal controls shall be approved by the Director of Financial Services. 13 A. Standard of Care Investments shall be made with the same judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person’s own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Prudent investment is to be judged by the Investment Portfolio as a whole, not on individual Investments. In the case of a loss required rating, if liquidation is necessary due to a public funds investment pool losing its AAA rating or for other reasons, liquidation will be done in a prudent manner consistent with the investment objectives of this Policy and as provided in 2256.021 of the Government Code the Act. The Investment Officer shall monitor, on no less than a weekly basis, the credit rating on all authorized investments in the portfolio based upon independent information from a nationally recognized rating agency. If any security falls below the minimum rating required by Policy, the Investment Officer shall notify the City Manager, Director of Finance and City Council of the loss of rating, conditions affecting the rating and possible loss of principal with liquidation options available, within two weeks after the loss of the required rating. Investment Officers and the Investment Advisor shall perform their duties strictly in accordance with the adopted Investment Policy. Investment Officers acting in good faith and in accordance with these policies and procedures shall be relieved of personal liability if exceptions are reported on a timely basis and prudent actions are taken to reduce potential loss. The Investment Committee and officers are indemnified as provided by City ordinance attached and incorporated as Appendix D. B. Ethics Investment Officers, Investment Committee members and employees involved in the investment process shall comply with the City’s Code of Ethics attached and incorporated as Appendix B which requires disclosure of financial interests by April of each year. These individuals shall refrain from personal business activities that could conflict with proper execution of the investment program or which could impair the ability to make impartial investment decisions. Officers and employees shall disclose to the City Council any material investment decisions. Officers and employees shall disclose to the council any material financial interest in institutions that conduct investment or banking transactions with the City. Any Investment officer who has a personal or business relationship with an organization seeking to sell an investment to the City shall file a statement disclosing that relationship or interest. Disclosure statements required under this subsection must be filed. IX. COMPETITIVE SOLICITATION Except for Repurchase Agreements, Guaranteed Investment Contracts, and Public Funds Investment Pools, any new issue investment will be purchased through an Authorized Broker/Dealer or directly through the issuer. Investment 14 Officers identify the best rate prior to the purchase of an Authorized Investment that meets the City’s cash flow needs at the time. Any Institution authorized to participate in the City’s investment program must meet Collateral pledge requirements outlined in Section XI of these guidelines and must submit annual financial reports. X. AUTHORIZED COUNTER-PARTIES A. Broker/Dealers Any broker/dealer seeking to sell an Authorized Investment to the City is required to complete the questionnaire approved by the Investment Committee and furnish supporting documentation required by the Investment Committee. Information on the firms shall be maintained by the Investment Officers or the Investment Advisor. Securities qualifying as Authorized Investments shall only be purchased through those institutions approved by the Investment Committee. B. Policy Certification Investments shall only be made with those Institutions who have executed a written certification in a form acceptable to the City, executed by a Qualified Representative of that Institution, and substantially to the effect that the Institution has: 1. Received, thoroughly reviewed and acknowledged, in writing, receipt and understanding of this Policy. 2. Acknowledged that the Institution has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Institution and the City that are not authorized by this Policy. C. Investments shall only be made with those institutions who have met the qualifications and standards established by the City’s Investment Committee and set forth in the Investment Procedures Manual. D. The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. E. The City Treasurer will request the Investment Committee to authorize deletion of institutions for: 1. Slow response time; 2. Inability to compete with other authorized firms; 3. Insufficient market information on technical or fundamental expectations based on economic indicators; 4. Failed transactions or continuing operational difficulties; 5. Unwillingness to continue to abide by this Policy; the provisions listed in IX.A.; 15 6. Other reasons as approved by the Investment Committee. XI. COLLATERALIZATION It is imperative that the securities in the Investment Portfolio be protected through independent safekeeping and all time deposits and demand bank cash balances be protected with sufficient collateral at a minimum of 102% daily of current market values to guard against market and volatility risk. A. Pledged Collateral for Time and Demand Deposits Depository collateral is pledged to and not owned by the City. All collateral shall be held by a custodian approved by the City under an executed collateral agreement. The market value of pledged collateral for time and demand deposits must be at least 102% of the principal plus accrued interest. All collateral shall be held by an independent custodian outside the holding company of the pledging bank. Original evidence of City collateralization in the form of original safekeeping receipts will be provided to the City Treasurer and will be maintained in the City Treasurer’s Office. The custodian will provide a monthly listing of collateral describing the securities and giving a market value. An investment officer will approve and release all pledged collateral. The Investment Officers will monitor adequacy of collateralization on a weekly basis. B. Collateral Substitution Collateralized investments and certificates of deposit often require substitution of Collateral. Any Institution must contact the Investment Officers for approval and settlement. The substituted collateral’s value will be calculated and substitution approved if its value is equal to or greater than the required collateral value. Substitution is allowable for all transactions, but should be limited, to minimize the City’s potential administrative problems. C. Collateral Reductions Should the collateral’s market value exceed the required amount, any Institution may request approval from the Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City’s records indicate that the collateral’s market value exceeds the required amount. D. Prohibited Securities Investment securities described in Section 2256.009(b), Government Code, shall not be eligible for use as collateral of City monies governed by this Policy. XII. SAFEKEEPING OF CITY SECURITIES A. Third Party Safekeeping Agreement The City shall utilize its banking services depository or other banks for the safekeeping of City owned securities. The delivery of all securities into safekeeping will be done on a delivery versus payment basis. 16 B. Safekeeping of Certificate of Deposit Collateral All Collateral securing bank and savings and loan deposits must be held by a Third Party Safekeeping Institution approved by the City, or Collateral may be held at the Federal Reserve Bank. C. Safekeeping of Repurchase Agreement Collateral Repurchase Agreement Collateral is restricted to U.S. Treasuries and must be delivered to a Third-Party Safekeeping Institution with which the City has (subject to the limitation described in Section XI.D above) established a third-party safekeeping agreement. D. Guaranteed Investment Agreement Collateral Guaranteed investment contract collateral is restricted to U.S. Treasuries and Agencies (subject to the limitation described in Section XI.D above) and must be delivered to a Third-Party Safekeeping Institution with which a third-party safekeeping agreement has been established pursuant to the terms of the guaranteed investment contract. XIII. INFORMATION REPORTING/PORTFOLIO EVALUATION A. The City Treasurer and Investment Analyst as designated Investment Officers are responsible for reporting to the Investment Committee and City Council on a quarterly basis in accordance with the Act. B. Quarterly Investment Reports are to include the following in accordance with the Act: a. Combined Investment Portfolio Report of Market versus Book Values b. Combined Portfolio Composition c. Individual Portfolio Composition d. Cash and Cash Equivalents, U.S. Treasuries and Investments Greater than One year e. Combined Summary of Investment Transactions f. Combined Investment Portfolio - Weighted Average Maturity g. Investment Revenue h. Analysis of Excess Collateral Coverage i. Aggregate Activity Per Broker j. Comparison of Investment Returns to Benchmarks k. Investment Portfolio Report – Lake Texana Project and Packery Channel Project l. Bond Funds by Issue m. Pools and Money Market Accounts - Approved Institutional Brokers n. Economic and Interest Rate Forecast o. Glossary p. Compliance Statement q. Quarterly Investment Committee Meeting Minutes 17 Internal Reporting/Evaluation In addition, the following reports are to be submitted on a monthly basis: 1) Cash position by bank account 2) Collateral position 3) Investment transactions C. External Reporting/Evaluations On a quarterly basis, any institution holding City time or demand deposits will provide to the Investment Officers for the institution’s review a copy of the balance sheet and income statement for the Call Report for review. All depository and brokerage institutions will provide annual audited financial statements. Any Public Funds Investment Pools must provide reports and disclosure statements as required by the Act. D. Record Retention The City follows the guidelines of retaining records for five years from City’s current fiscal year, as recommended in the Texas State Library Municipal Records Manual or may be authorized by the City’s local records management guidelines. XIV. BANKING SERVICES All depository services are provided in the City’s main depository agreement. Other services such as credit cards, direct deposit of payroll or other services may be administered through separate agreements. To aggressively invest Excess Cash Balances, controlled disbursements accounts, zero balance accounts and other cash management tools may be employed. XIV. ANNUAL POLICY ADOPTION This Policy will be reviewed and adopted by the City Council no less than annually. The accepting ordinance resolution will include a description of all changes made to this policy. XVI. GENERAL PROVISIONS A. Audits and Inspections During regular business hours and as often as the Investment Officers deem necessary, the Institution providing certificates of deposit will make available for examination by the City Manager, his duly authorized agent, accountant, or legal representative, such records and data to assure the pledge of Collateral, availability of Collateral, and financial stability of the Institution. B. Compliance with Laws 18 Each Institution agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances. The personnel or officers of such Institution shall be fully qualified and authorized under federal, state, and local law to perform the services set out under this Policy. Each Institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records and to make audits of all contract, invoices, materials, and other data relating to applicable Investments. C. Performance Audits The City’s Annual External Financial Audit shall include a compliance audit of management controls on Investments and adherence to this Policy. If the City invests in other than money market mutual funds, investment public funds investment pools or accounts offered by its depository in the form of certificates of deposit or money market accounts; the quarterly reports prepared by Investment Officers for the City Council must be formally reviewed at least annually by an independent auditor. The results of the review must be reported to the City Council by that auditor. D. Investment Policy Resolution. The resolution authorizing this Investment Policy is attached hereto as Appendix C. 19 APPENDIX A Texas Public Funds Investment Act Texas Government Code, Chapter 2256 Subchapter A GOVERNMENT CODE TITLE 10. GENERAL GOVERNMENT SUBTITLE F. STATE AND LOCAL CONTRACTS AND FUND MANAGEMENT CHAPTER 2256. PUBLIC FUNDS INVESTMENT SUBCHAPTER A. AUTHORIZED INVESTMENTS FOR GOVERNMENTAL ENTITIES Sec. 2256.001. SHORT TITLE. This chapter may be cited as the Public Funds Investment Act. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.002. DEFINITIONS. In this chapter: (1) "Bond proceeds" means the proceeds from the sale of bonds, notes, and other obligations issued by an entity, and reserves and funds maintained by an entity for debt service purposes. (2) "Book value" means the original acquisition cost of an investment plus or minus the accrued amortization or accretion. (3) "Funds" means public funds in the custody of a state agency or local government that: (A) are not required by law to be deposited in the state treasury; and (B) the investing entity has authority to invest. (4) "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. (5) "Investing entity" and "entity" mean an entity subject to this chapter and described by Section 2256.003. (6) "Investment pool" means an entity created under this code to invest public funds jointly on behalf of the entities that participate in the pool and whose investment objectives in order of priority are: (A) preservation and safety of principal; (B) liquidity; and (C)yield. 20 (7) "Local government" means a municipality, a county, a school district, a district or authority created under Section 52(b) (1) or (2), Article III, or Section 59, Article XVI, Texas Constitution, a fresh water supply district, a hospital district, and any political subdivision, authority, public corporation, body politic, or instrumentality of the State of Texas, and any nonprofit corporation acting on behalf of any of those entities. (8) "Market value" means the current face or par value of an investment multiplied by the net selling price of the security as quoted by a recognized market pricing source quoted on the valuation date. (9) "Pooled fund group" means an internally created fund of an investing entity in which one or more institutional accounts of the investing entity are invested. (10) "Qualified representative" means a person who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: (A) for a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) for a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; (C) for an investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the investment pool; or (D) for an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. (11) "School district" means a public school district. (12) "Separately invested asset" means an account or fund of a state agency or local government that is not invested in a pooled fund group. 21 (13) "State agency" means an office, department, commission, board, or other agency that is part of any branch of state government, an institution of higher education, and any nonprofit corporation acting on behalf of any of those entities. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 1, eff. Sept. 1, 1999. Sec. 2256.003. AUTHORITY TO INVEST FUNDS; ENTITIES SUBJECT TO THIS CHAPTER. (a) Each governing body of the following entities may purchase, sell, and invest its funds and funds under its control in investments authorized under this subchapter in compliance with investment policies approved by the governing body and according to the standard of care prescribed by Section 2256.006: (1) a local government; (2) a state agency; (3) a nonprofit corporation acting on behalf of a local government or a state agency; or (4) an investment pool acting on behalf of two or more local governments, state agencies, or a combination of those entities. (b) In the exercise of its powers under Subsection (a), the governing body of an investing entity may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b-1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the governing body of the investing entity by order, ordinance, or resolution. (c) This chapter does not prohibit an investing entity or investment officer from using the entity's employees or the services of a contractor of the entity to aid the investment officer in the execution of the officer's duties under this chapter. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1454, Sec. 2, eff. Sept. 1, 1999. 22 This section was amended by the 85th Legislature. Pending publication of the current statutes, see H.B. 1003, 85th Legislature, Regular Session, for amendments affecting this section. Sec. 2256.004. APPLICABILITY. (a) This subchapter does not apply to: (1) a public retirement system as defined by Section 802.001; (2) state funds invested as authorized by Section 404.024; (3) an institution of higher education having total endowments of at least $95 million in book value on May 1, 1995; (4) funds invested by the Veterans' Land Board as authorized by Chapter 161, 162, or 164, Natural Resources Code; (5) registry funds deposited with the county or district clerk under Chapter 117, Local Government Code; or (6) a deferred compensation plan that qualifies under either Section 401(k) or 457 of the Internal Revenue Code of 1986 (26 U.S.C. Section 1 et seq.), as amended. (b) This subchapter does not apply to an investment donated to an investing entity for a particular purpose or under terms of use specified by the donor. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 505, Sec. 24, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1421, Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 8.21, eff. Sept. 1, 1999; Acts 1999, 76th Leg., ch. 1454, Sec. 3, eff. Sept. 1, 1999. This section was amended by the 85th Legislature. Pending publication of the current statutes, see H.B. 1701, 85th Legislature, Regular Session, for amendments affecting this section. Sec. 2256.005. INVESTMENT POLICIES; INVESTMENT STRATEGIES; INVESTMENT OFFICER. (a) The governing body of an investing entity shall adopt by rule, order, ordinance, or resolution, as appropriate, a written investment policy regarding the investment of its funds and funds under its control. 23 (b) The investment policies must: (1) be written; (2) primarily emphasize safety of principal and liquidity; (3) address investment diversification, yield, and maturity and the quality and capability of investment management; and (4) include: (A) a list of the types of authorized investments in which the investing entity's funds may be invested; (B) the maximum allowable stated maturity of any individual investment owned by the entity; (C) for pooled fund groups, the maximum dollar- weighted average maturity allowed based on the stated maturity date for the portfolio; (D) methods to monitor the market price of investments acquired with public funds; (E) a requirement for settlement of all transactions, except investment pool funds and mutual funds, on a delivery versus payment basis; and (F) procedures to monitor rating changes in investments acquired with public funds and the liquidation of such investments consistent with the provisions of Section 2256.021. (c) The investment policies may provide that bids for certificates of deposit be solicited: (1) orally; (2) in writing; (3) electronically; or (4) in any combination of those methods. (d) As an integral part of an investment policy, the governing body shall adopt a separate written investment strategy for each of the funds or group of funds under its control. Each investment strategy must describe the investment objectives for the particular fund using the following priorities in order of importance: (1) understanding of the suitability of the investment to the financial requirements of the entity; (2) preservation and safety of principal; (3) liquidity; (4) marketability of the investment if the need arises to liquidate the investment before maturity; 24 (5) diversification of the investment portfolio; and (6) yield. (e) The governing body of an investing entity shall review its investment policy and investment strategies not less than annually. The governing body shall adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall record any changes made to either the investment policy or investment strategies. (f) Each investing entity shall designate, by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the state agency, local government, or investment pool as investment officer to be responsible for the investment of its funds consistent with the investment policy adopted by the entity. If the governing body of an investing entity has contracted with another investing entity to invest its funds, the investment officer of the other investing entity is considered to be the investment officer of the first investing entity for purposes of this chapter. Authority granted to a person to invest an entity's funds is effective until rescinded by the investing entity, until the expiration of the officer's term or the termination of the person's employment by the investing entity, or if an investment management firm, until the expiration of the contract with the investing entity. In the administration of the duties of an investment officer, the person designated as investment officer shall exercise the judgment and care, under prevailing circumstances, that a prudent person would exercise in the management of the person's own affairs, but the governing body of the investing entity retains ultimate responsibility as fiduciaries of the assets of the entity. Unless authorized by law, a person may not deposit, withdraw, transfer, or manage in any other manner the funds of the investing entity. (g) Subsection (f) does not apply to a state agency, local government, or investment pool for which an officer of the entity is assigned by law the function of investing its funds. Text of subsec. (h) as amended by Acts 1997, 75th Leg., ch. 685, Sec. 1 25 (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be an investment officer for the commission under Subsection (f) if the officer or employee is an investment officer designated under Subsection (f) for another local government. Text of subsec. (h) as amended by Acts 1997, 75th Leg., ch. 1421, Sec. 3 (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be designated as an investment officer under Subsection (f) for any investing entity other than for that commission. (i) An investment officer of an entity who has a personal business relationship with a business organization offering to engage in an investment transaction with the entity shall file a statement disclosing that personal business interest. An investment officer who is related within the second degree by affinity or consanguinity, as determined under Chapter 573, to an individual seeking to sell an investment to the investment officer's entity shall file a statement disclosing that relationship. A statement required under this subsection must be filed with the Texas Ethics Commission and the governing body of the entity. For purposes of this subsection, an investment officer has a personal business relationship with a business organization if: (1) the investment officer owns 10 percent or more of the voting stock or shares of the business organization or owns $5,000 or more of the fair market value of the business organization; (2) funds received by the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or (3) the investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment officer. 26 (j) The governing body of an investing entity may specify in its investment policy that any investment authorized by this chapter is not suitable. (k) A written copy of the investment policy shall be presented to any person offering to engage in an investment transaction with an investing entity or to an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. For purposes of this subsection, a business organization includes investment pools and an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. Nothing in this subsection relieves the investing entity of the responsibility for monitoring the investments made by the investing entity to determine that they are in compliance with the investment policy. The qualified representative of the business organization offering to engage in an investment transaction with an investing entity shall execute a written instrument in a form acceptable to the investing entity and the business organization substantially to the effect that the business organization has: (1) received and reviewed the investment policy of the entity; and (2) acknowledged that the business organization has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the entity and the organization that are not authorized by the entity's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity's entire portfolio or requires an interpretation of subjective investment standards. (l) The investment officer of an entity may not acquire or otherwise obtain any authorized investment described in the investment policy of the investing entity from a person who has not delivered to the entity the instrument required by Subsection (k). (m) An investing entity other than a state agency, in conjunction with its annual financial audit, shall perform a compliance audit of management controls on investments and adherence to the entity's established investment policies. (n) Except as provided by Subsection (o), at least once every two years a state agency shall arrange for a compliance audit of management controls on investments and adherence to the agency's 27 established investment policies. The compliance audit shall be performed by the agency's internal auditor or by a private auditor employed in the manner provided by Section 321.020. Not later than January 1 of each even-numbered year a state agency shall report the results of the most recent audit performed under this subsection to the state auditor. Subject to a risk assessment and to the legislative audit committee's approval of including a review by the state auditor in the audit plan under Section 321.013, the state auditor may review information provided under this section. If review by the state auditor is approved by the legislative audit committee, the state auditor may, based on its review, require a state agency to also report to the state auditor other information the state auditor determines necessary to assess compliance with laws and policies applicable to state agency investments. A report under this subsection shall be prepared in a manner the state auditor prescribes. (o) The audit requirements of Subsection (n) do not apply to assets of a state agency that are invested by the comptroller under Section 404.024. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 685, Sec. 1, eff. Sept. 1, 1997; Acts 1997, 75th Leg., ch. 1421, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 4, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 785, Sec. 41, eff. Sept. 1, 2003. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 1, eff. June 17, 2011. Sec. 2256.006. STANDARD OF CARE. (a) Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment of funds shall be governed by the following investment objectives, in order of priority: (1) preservation and safety of principal; (2) liquidity; and 28 (3) yield. (b) In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: (1) the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and (2) whether the investment decision was consistent with the written investment policy of the entity. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.007. INVESTMENT TRAINING; STATE AGENCY BOARD MEMBERS AND OFFICERS. (a) Each member of the governing board of a state agency and its investment officer shall attend at least one training session relating to the person's responsibilities under this chapter within six months after taking office or assuming duties. (b) The Texas Higher Education Coordinating Board shall provide the training under this section. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) An investment officer shall attend a training session not less than once each state fiscal biennium and may receive training from any independent source approved by the governing body of the state agency. The investment officer shall prepare a report on this subchapter and deliver the report to the governing body of the state agency not later than the 180th day after the last day of each regular session of the legislature. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 73, Sec. 1, eff. May 9, 1997; Acts 1997, 75th Leg., ch. 1421, Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 5, eff. Sept. 1, 1999. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 2, eff. June 17, 2011. 29 This section was amended by the 85th Legislature. Pending publication of the current statutes, see H.B. 1238 and S.B. 1488, 85th Legislature, Regular Session, for amendments affecting this section. Sec. 2256.008. INVESTMENT TRAINING; LOCAL GOVERNMENTS. Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 222 (H.B. 1148), Sec. 1 (a) Except as provided by Subsections (b) and (e), the treasurer, the chief financial officer if the treasurer is not the chief financial officer, and the investment officer of a local government shall: (1) attend at least one training session from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government and containing at least 10 hours of instruction relating to the treasurer's or officer's responsibilities under this subchapter within 12 months after taking office or assuming duties; and (2) except as provided by Subsections (b), (e), and (f), attend an investment training session not less than once in a two- year period that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date, and receive not less than 10 hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government. Text of subsection as amended by Acts 2015, 84th Leg., R.S., Ch. 1248 (H.B. 870), Sec. 1 30 (a) Except as provided by Subsections (a-1), (b), and (e), the treasurer, the chief financial officer if the treasurer is not the chief financial officer, and the investment officer of a local government shall: (1) attend at least one training session from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government and containing at least 10 hours of instruction relating to the treasurer's or officer's responsibilities under this subchapter within 12 months after taking office or assuming duties; and (2) attend an investment training session not less than once in a two-year period that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date, and receive not less than 10 hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the local government or a designated investment committee advising the investment officer as provided for in the investment policy of the local government. (a-1) In addition to the requirements of Subsection (a)(1), the treasurer, or the chief financial officer if the treasurer is not the chief financial officer, and the investment officer of a school district or a municipality shall attend an investment training session not less than once in a two-year period that begins on the first day of the school district's or municipality's fiscal year and consists of the two consecutive fiscal years after that date, and receive not less than eight hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the school district or municipality, or by a designated investment committee advising the investment officer as provided for in the investment policy of the school district or municipality. (b) An investing entity created under authority of Section 52 (b), Article III, or Section 59, Article XVI, Texas Constitution, that has contracted with an investment management firm under Section 2256.003(b) and has fewer than five full-time employees or an 31 investing entity that has contracted with another investing entity to invest the entity's funds may satisfy the training requirement provided by Subsection (a)(2) by having an officer of the governing body attend four hours of appropriate instruction in a two-year period that begins on the first day of that local government's fiscal year and consists of the two consecutive fiscal years after that date. The treasurer or chief financial officer of an investing entity created under authority of Section 52(b), Article III, or Section 59, Article XVI, Texas Constitution, and that has fewer than five full-time employees is not required to attend training required by this section unless the person is also the investment officer of the entity. (c) Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. (d) Not later than December 31 each year, each individual, association, business, organization, governmental entity, or other person that provides training under this section shall report to the comptroller a list of the governmental entities for which the person provided required training under this section during that calendar year. An individual's reporting requirements under this subsection are satisfied by a report of the individual's employer or the sponsoring or organizing entity of a training program or seminar. (e) This section does not apply to a district governed by Chapter 36 or 49, Water Code. (f) Subsection (a)(2) does not apply to an officer of a municipality if the municipality: (1) does not invest municipal funds; or (2) only deposits municipal funds in: (A) interest-bearing deposit accounts; or (B) certificates of deposit as authorized by Section 2256.010. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 5, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 6, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 69, Sec. 4, eff. May 14, 2001. 32 Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 3, eff. June 17, 2011. Acts 2015, 84th Leg., R.S., Ch. 222 (H.B. 1148), Sec. 1, eff. September 1, 2015. Acts 2015, 84th Leg., R.S., Ch. 1248 (H.B. 870), Sec. 1, eff. September 1, 2015. This section was amended by the 85th Legislature. Pending publication of the current statutes, see H.B. 1003, H.B. 2647 and H.B. 2928, 85th Legislature, Regular Session, for amendments affecting this section. Sec. 2256.009. AUTHORIZED INVESTMENTS: OBLIGATIONS OF, OR GUARANTEED BY GOVERNMENTAL ENTITIES. (a) Except as provided by Subsection (b), the following are authorized investments under this subchapter: (1) obligations, including letters of credit, of the United States or its agencies and instrumentalities; (2) direct obligations of this state or its agencies and instrumentalities; (3) collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United States, the underlying security for which is guaranteed by an agency or instrumentality of the United States; (4) other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities, including obligations that are fully guaranteed or insured by the Federal Deposit Insurance Corporation or by the explicit full faith and credit of the United States; (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent; and (6) bonds issued, assumed, or guaranteed by the State of Israel. 33 (b) The following are not authorized investments under this section: (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage-backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage-backed security collateral and bears no interest; (3) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite to the changes in a market index. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1454, Sec. 7, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 558, Sec. 1, eff. Sept. 1, 2001. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 4, eff. June 17, 2011. This section was amended by the 85th Legislature. Pending publication of the current statutes, see H.B. 2928, 85th Legislature, Regular Session, for amendments affecting this section. Sec. 2256.010. AUTHORIZED INVESTMENTS: CERTIFICATES OF DEPOSIT AND SHARE CERTIFICATES. (a) A certificate of deposit or share certificate is an authorized investment under this subchapter if the certificate is issued by a depository institution that has its main office or a branch office in this state and is: (1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; (2) secured by obligations that are described by Section 2256.009(a), including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding 34 those mortgage backed securities of the nature described by Section 2256.009(b); or (3) secured in any other manner and amount provided by law for deposits of the investing entity. (b) In addition to the authority to invest funds in certificates of deposit under Subsection (a), an investment in certificates of deposit made in accordance with the following conditions is an authorized investment under this subchapter: (1) the funds are invested by an investing entity through: (A) a broker that has its main office or a branch office in this state and is selected from a list adopted by the investing entity as required by Section 2256.025; or (B) a depository institution that has its main office or a branch office in this state and that is selected by the investing entity; (2) the broker or the depository institution selected by the investing entity under Subdivision (1) arranges for the deposit of the funds in certificates of deposit in one or more federally insured depository institutions, wherever located, for the account of the investing entity; (3) the full amount of the principal and accrued interest of each of the certificates of deposit is insured by the United States or an instrumentality of the United States; and (4) the investing entity appoints the depository institution selected by the investing entity under Subdivision (1), an entity described by Section 2257.041(d), or a clearing broker- dealer registered with the Securities and Exchange Commission and operating pursuant to Securities and Exchange Commission Rule 15c3-3 (17 C.F.R. Section 240.15c3-3) as custodian for the investing entity with respect to the certificates of deposit issued for the account of the investing entity. Amended by Acts 1995, 74th Leg., ch. 32, Sec. 1, eff. April 28, 1995; Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 6, eff. Sept. 1, 1997. Amended by: Acts 2005, 79th Leg., Ch. 128 (H.B. 256), Sec. 1, eff. September 1, 2005. 35 Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 5, eff. June 17, 2011. This section was amended by the 85th Legislature. Pending publication of the current statutes, see H.B. 1003, 85th Legislature, Regular Session, for amendments affecting this section. Sec. 2256.011. AUTHORIZED INVESTMENTS: REPURCHASE AGREEMENTS. (a) A fully collateralized repurchase agreement is an authorized investment under this subchapter if the repurchase agreement: (1) has a defined termination date; (2) is secured by a combination of cash and obligations described by Section 2256.009(a)(1); and (3) requires the securities being purchased by the entity or cash held by the entity to be pledged to the entity, held in the entity's name, and deposited at the time the investment is made with the entity or with a third party selected and approved by the entity; and (4) is placed through a primary government securities dealer, as defined by the Federal Reserve, or a financial institution doing business in this state. (b) In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for a specified time, and sell back at a future date obligations described by Section 2256.009(a) (1), at a market value at the time the funds are disbursed of not less than the principal amount of the funds disbursed. The term includes a direct security repurchase agreement and a reverse security repurchase agreement. (c) Notwithstanding any other law, the term of any reverse security repurchase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered. (d) Money received by an entity under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term of the authorized investments acquired must mature not later than the expiration date stated in the reverse security repurchase agreement. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. 36 Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 6, eff. June 17, 2011. Sec. 2256.0115. AUTHORIZED INVESTMENTS: SECURITIES LENDING PROGRAM. (a) A securities lending program is an authorized investment under this subchapter if it meets the conditions provided by this section. (b) To qualify as an authorized investment under this subchapter: (1) the value of securities loaned under the program must be not less than 100 percent collateralized, including accrued income; (2) a loan made under the program must allow for termination at any time; (3) a loan made under the program must be secured by: (A) pledged securities described by Section 2256.009; (B) pledged irrevocable letters of credit issued by a bank that is: (i) organized and existing under the laws of the United States or any other state; and (ii) continuously rated by at least one nationally recognized investment rating firm at not less than A or its equivalent; or (C) cash invested in accordance with Section: (i) 2256.009; (ii) 2256.013; (iii) 2256.014; or (iv) 2256.016; (4) the terms of a loan made under the program must require that the securities being held as collateral be: (A) pledged to the investing entity; (B) held in the investing entity's name; and (C) deposited at the time the investment is made with the entity or with a third party selected by or approved by the investing entity; (5) a loan made under the program must be placed through: 37 (A) a primary government securities dealer, as defined by 5 C.F.R. Section 6801.102(f), as that regulation existed on September 1, 2003; or (B) a financial institution doing business in this state; and (6) an agreement to lend securities that is executed under this section must have a term of one year or less. Added by Acts 2003, 78th Leg., ch. 1227, Sec. 1, eff. Sept. 1, 2003. Sec. 2256.012. AUTHORIZED INVESTMENTS: BANKER'S ACCEPTANCES. A bankers' acceptance is an authorized investment under this subchapter if the bankers' acceptance: (1) has a stated maturity of 270 days or fewer from the date of its issuance; (2) will be, in accordance with its terms, liquidated in full at maturity; (3) is eligible for collateral for borrowing from a Federal Reserve Bank; and (4) is accepted by a bank organized and existing under the laws of the United States or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A-1 or P-1 or an equivalent rating by at least one nationally recognized credit rating agency. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.013. AUTHORIZED INVESTMENTS: COMMERCIAL PAPER. Commercial paper is an authorized investment under this subchapter if the commercial paper: (1) has a stated maturity of 270 days or fewer from the date of its issuance; and (2) is rated not less than A-1 or P-1 or an equivalent rating by at least: (A) two nationally recognized credit rating agencies; or 38 (B) one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. This section was amended by the 85th Legislature. Pending publication of the current statutes, see H.B. 1003, 85th Legislature, Regular Session, for amendments affecting this section. Sec. 2256.014. AUTHORIZED INVESTMENTS: MUTUAL FUNDS. (a) A no-load money market mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with and regulated by the Securities and Exchange Commission; (2) provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment Company Act of 1940 (15 U.S.C. Section 80a-1 et seq.); (3) has a dollar-weighted average stated maturity of 90 days or fewer; and (4) includes in its investment objectives the maintenance of a stable net asset value of $1 for each share. (b) In addition to a no-load money market mutual fund permitted as an authorized investment in Subsection (a), a no-load mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with the Securities and Exchange Commission; (2) has an average weighted maturity of less than two years; (3) is invested exclusively in obligations approved by this subchapter; (4) is continuously rated as to investment quality by at least one nationally recognized investment rating firm of not less than AAA or its equivalent; and 39 (5) conforms to the requirements set forth in Sections 2256.016(b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities. (c) An entity is not authorized by this section to: (1) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds described in Subsection (b); (2) invest any portion of bond proceeds, reserves and funds held for debt service, in mutual funds described in Subsection (b); or (3) invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund described in Subsection (a) or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 7, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 8, eff. Sept. 1, 1999. This section was amended by the 85th Legislature. Pending publication of the current statutes, see H.B. 1003, 85th Legislature, Regular Session, for amendments affecting this section. Sec. 2256.015. AUTHORIZED INVESTMENTS: GUARANTEED INVESTMENT CONTRACTS. (a) A guaranteed investment contract is an authorized investment for bond proceeds under this subchapter if the guaranteed investment contract: (1) has a defined termination date; (2) is secured by obligations described by Section 2256.009(a)(1), excluding those obligations described by Section 2256.009(b), in an amount at least equal to the amount of bond proceeds invested under the contract; and (3) is pledged to the entity and deposited with the entity or with a third party selected and approved by the entity. (b) Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under this subchapter in a guaranteed investment contract 40 with a term of longer than five years from the date of issuance of the bonds. (c) To be eligible as an authorized investment: (1) the governing body of the entity must specifically authorize guaranteed investment contracts as an eligible investment in the order, ordinance, or resolution authorizing the issuance of bonds; (2) the entity must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; (3) the entity must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received; (4) the price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and (5) the provider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 9, 10, eff. Sept. 1, 1999. This section was amended by the 85th Legislature. Pending publication of the current statutes, see H.B. 1003, 85th Legislature, Regular Session, for amendments affecting this section. Sec. 2256.016. AUTHORIZED INVESTMENTS: INVESTMENT POOLS. (a) An entity may invest its funds and funds under its control through an eligible investment pool if the governing body of the entity by rule, order, ordinance, or resolution, as appropriate, authorizes investment in the particular pool. An investment pool shall invest the funds it receives from entities in authorized investments permitted by this subchapter. An investment pool may invest its funds in money market mutual funds to the extent permitted by and consistent with this subchapter and the investment policies and objectives adopted by the investment pool. 41 (b) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (1) the types of investments in which money is allowed to be invested; (2) the maximum average dollar-weighted maturity allowed, based on the stated maturity date, of the pool; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the objectives of the pool; (5) the size of the pool; (6) the names of the members of the advisory board of the pool and the dates their terms expire; (7) the custodian bank that will safekeep the pool's assets; (8) whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9) whether the only source of payment is the assets of the pool at market value or whether there is a secondary source of payment, such as insurance or guarantees, and a description of the secondary source of payment; (10) the name and address of the independent auditor of the pool; (11) the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and any deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and (12) the performance history of the pool, including yield, average dollar-weighted maturities, and expense ratios. (c) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: (1) investment transaction confirmations; and (2) a monthly report that contains, at a minimum, the following information: 42 (A) the types and percentage breakdown of securities in which the pool is invested; (B) the current average dollar-weighted maturity, based on the stated maturity date, of the pool; (C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year; (D) the book value versus the market value of the pool's portfolio, using amortized cost valuation; (E) the size of the pool; (F) the number of participants in the pool; (G) the custodian bank that is safekeeping the assets of the pool; (H) a listing of daily transaction activity of the entity participating in the pool; (I) the yield and expense ratio of the pool, including a statement regarding how yield is calculated; (J) the portfolio managers of the pool; and (K) any changes or addenda to the offering circular. (d) An entity by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds. (e) In this section, "yield" shall be calculated in accordance with regulations governing the registration of open-end management investment companies under the Investment Company Act of 1940, as promulgated from time to time by the federal Securities and Exchange Commission. (f) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool created to function as a money market mutual fund must mark its portfolio to market daily, and, to the extent reasonably possible, stabilize at a $1 net asset value. If the ratio of the market value of the portfolio divided by the book value of the portfolio is less than 0.995 or greater than 1.005, portfolio holdings shall be sold as necessary to maintain the ratio between 0.995 and 1.005. In addition to the requirements of its investment policy and any other forms of reporting, a public funds investment pool created to function as a money market mutual fund shall report yield to its investors in 43 accordance with regulations of the federal Securities and Exchange Commission applicable to reporting by money market funds. (g) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool must have an advisory board composed: (1) equally of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for a public funds investment pool created under Chapter 791 and managed by a state agency; or (2) of participants in the pool and other persons who do not have a business relationship with the pool and are qualified to advise the pool, for other investment pools. (h) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service. (i) If the investment pool operates an Internet website, the information in a disclosure instrument or report described in Subsections (b), (c)(2), and (f) must be posted on the website. (j) To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must make available to the entity an annual audited financial statement of the investment pool in which the entity has funds invested. (k) If an investment pool offers fee breakpoints based on fund balances invested, the investment pool in advertising investment rates must include either all levels of return based on the breakpoints provided or state the lowest possible level of return based on the smallest level of funds invested. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 9, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 7, eff. June 17, 2011. 44 This section was amended by the 85th Legislature. Pending publication of the current statutes, see S.B. 253, 85th Legislature, Regular Session, for amendments affecting this section. Sec. 2256.017. EXISTING INVESTMENTS. An entity is not required to liquidate investments that were authorized investments at the time of purchase. Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.46(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 10, eff. Sept. 1, 1997. Sec. 2256.019. RATING OF CERTAIN INVESTMENT POOLS. A public funds investment pool must be continuously rated no lower than AAA or AAA-m or at an equivalent rating by at least one nationally recognized rating service. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 11, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 8, eff. June 17, 2011. Sec. 2256.020. AUTHORIZED INVESTMENTS: INSTITUTIONS OF HIGHER EDUCATION. In addition to the authorized investments permitted by this subchapter, an institution of higher education may purchase, sell, and invest its funds and funds under its control in the following: (1) cash management and fixed income funds sponsored by organizations exempt from federal income taxation under Section 501 (f), Internal Revenue Code of 1986 (26 U.S.C. Section 501(f)); (2) negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of 45 at least A-1, P-1, or the equivalent by a nationally recognized credit rating agency; and (3) corporate bonds, debentures, or similar debt obligations rated by a nationally recognized investment rating firm in one of the two highest long-term rating categories, without regard to gradations within those categories. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.0201. AUTHORIZED INVESTMENTS; MUNICIPAL UTILITY. (a) A municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric energy or natural gas to the public may enter into a hedging contract and related security and insurance agreements in relation to fuel oil, natural gas, coal, nuclear fuel, and electric energy to protect against loss due to price fluctuations. A hedging transaction must comply with the regulations of the Commodity Futures Trading Commission and the Securities and Exchange Commission. If there is a conflict between the municipal charter of the municipality and this chapter, this chapter prevails. (b) A payment by a municipally owned electric or gas utility under a hedging contract or related agreement in relation to fuel supplies or fuel reserves is a fuel expense, and the utility may credit any amounts it receives under the contract or agreement against fuel expenses. (c) The governing body of a municipally owned electric or gas utility or the body vested with power to manage and operate the municipally owned electric or gas utility may set policy regarding hedging transactions. (d) In this section, "hedging" means the buying and selling of fuel oil, natural gas, coal, nuclear fuel, and electric energy futures or options or similar contracts on those commodities and related transportation costs as a protection against loss due to price fluctuation. Added by Acts 1999, 76th Leg., ch. 405, Sec. 48, eff. Sept. 1, 1999. Amended by: 46 Acts 2007, 80th Leg., R.S., Ch. 7 (S.B. 495), Sec. 1, eff. April 13, 2007. Sec. 2256.0202. AUTHORIZED INVESTMENTS: MUNICIPAL FUNDS FROM MANAGEMENT AND DEVELOPMENT OF MINERAL RIGHTS. (a) In addition to other investments authorized under this subchapter, a municipality may invest funds received by the municipality from a lease or contract for the management and development of land owned by the municipality and leased for oil, gas, or other mineral development in any investment authorized to be made by a trustee under Subtitle B, Title 9, Property Code (Texas Trust Code). (b) Funds invested by a municipality under this section shall be segregated and accounted for separately from other funds of the municipality. Added by Acts 2009, 81st Leg., R.S., Ch. 1371 (S.B. 894), Sec. 1, eff. September 1, 2009. Sec. 2256.0203. AUTHORIZED INVESTMENTS: PORTS AND NAVIGATION DISTRICTS. (a) In this section, "district" means a navigation district organized under Section 52, Article III, or Section 59, Article XVI, Texas Constitution. (b) In addition to the authorized investments permitted by this subchapter, a port or district may purchase, sell, and invest its funds and funds under its control in negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A-1, P-1, or the equivalent by a nationally recognized credit rating agency. Added by Acts 2011, 82nd Leg., R.S., Ch. 804 (H.B. 2346), Sec. 1, eff. September 1, 2011. Sec. 2256.0204. AUTHORIZED INVESTMENTS: INDEPENDENT SCHOOL DISTRICTS. (a) In this section, "corporate bond" means a senior secured debt obligation issued by a domestic business entity and rated not lower than "AA-" or the equivalent by a nationally 47 recognized investment rating firm. The term does not include a debt obligation that: (1) on conversion, would result in the holder becoming a stockholder or shareholder in the entity, or any affiliate or subsidiary of the entity, that issued the debt obligation; or (2) is an unsecured debt obligation. (b) This section applies only to an independent school district that qualifies as an issuer as defined by Section 1371.001. (c) In addition to authorized investments permitted by this subchapter, an independent school district subject to this section may purchase, sell, and invest its funds and funds under its control in corporate bonds that, at the time of purchase, are rated by a nationally recognized investment rating firm "AA-" or the equivalent and have a stated final maturity that is not later than the third anniversary of the date the corporate bonds were purchased. (d) An independent school district subject to this section is not authorized by this section to: (1) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds, reserves, and other funds held for the payment of debt service, in corporate bonds; or (2) invest more than 25 percent of the funds invested in corporate bonds in any one domestic business entity, including subsidiaries and affiliates of the entity. (e) An independent school district subject to this section may purchase, sell, and invest its funds and funds under its control in corporate bonds if the governing body of the district: (1) amends its investment policy to authorize corporate bonds as an eligible investment; (2) adopts procedures to provide for: (A) monitoring rating changes in corporate bonds acquired with public funds; and (B) liquidating the investment in corporate bonds; and (3) identifies the funds eligible to be invested in corporate bonds. (f) The investment officer of an independent school district, acting on behalf of the district, shall sell corporate bonds in which 48 the district has invested its funds not later than the seventh day after the date a nationally recognized investment rating firm: (1) issues a release that places the corporate bonds or the domestic business entity that issued the corporate bonds on negative credit watch or the equivalent, if the corporate bonds are rated "AA-" or the equivalent at the time the release is issued; or (2) changes the rating on the corporate bonds to a rating lower than "AA-" or the equivalent. (g) Corporate bonds are not an eligible investment for a public funds investment pool. Added by Acts 2011, 82nd Leg., R.S., Ch. 1347 (S.B. 1543), Sec. 1, eff. June 17, 2011. Sec. 2256.0205. AUTHORIZED INVESTMENTS; DECOMMISSIONING TRUST. (a) In this section: (1) "Decommissioning trust" means a trust created to provide the Nuclear Regulatory Commission assurance that funds will be available for decommissioning purposes as required under 10 C.F.R. Part 50 or other similar regulation. (2) "Funds" includes any money held in a decommissioning trust regardless of whether the money is considered to be public funds under this subchapter. (b) In addition to other investments authorized under this subchapter, a municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric energy or natural gas to the public may invest funds held in a decommissioning trust in any investment authorized by Subtitle B, Title 9, Property Code. Added by Acts 2005, 79th Leg., Ch. 121 (S.B. 1464), Sec. 1, eff. September 1, 2005. Sec. 2256.021. EFFECT OF LOSS OF REQUIRED RATING. An investment that requires a minimum rating under this subchapter does not qualify as an authorized investment during the period the investment does not have the minimum rating. An entity shall take 49 all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.022. EXPANSION OF INVESTMENT AUTHORITY. Expansion of investment authority granted by this chapter shall require a risk assessment by the state auditor or performed at the direction of the state auditor, subject to the legislative audit committee's approval of including the review in the audit plan under Section 321.013. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 42, eff. Sept. 1, 2003. Sec. 2256.023. INTERNAL MANAGEMENT REPORTS. (a) Not less than quarterly, the investment officer shall prepare and submit to the governing body of the entity a written report of investment transactions for all funds covered by this chapter for the preceding reporting period. (b) The report must: (1) describe in detail the investment position of the entity on the date of the report; (2) be prepared jointly by all investment officers of the entity; (3) be signed by each investment officer of the entity; (4) contain a summary statement of each pooled fund group that states the: (A) beginning market value for the reporting period; (B) ending market value for the period; and (C) fully accrued interest for the reporting period; (5) state the book value and market value of each separately invested asset at the end of the reporting period by the type of asset and fund type invested; (6) state the maturity date of each separately invested asset that has a maturity date; 50 (7) state the account or fund or pooled group fund in the state agency or local government for which each individual investment was acquired; and (8) state the compliance of the investment portfolio of the state agency or local government as it relates to: (A) the investment strategy expressed in the agency's or local government's investment policy; and (B) relevant provisions of this chapter. (c) The report shall be presented not less than quarterly to the governing body and the chief executive officer of the entity within a reasonable time after the end of the period. (d) If an entity invests in other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared by the investment officers under this section shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the governing body by that auditor. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 12, eff. Sept. 1, 1997. Amended by: Acts 2011, 82nd Leg., R.S., Ch. 1004 (H.B. 2226), Sec. 9, eff. June 17, 2011. This section was amended by the 85th Legislature. Pending publication of the current statutes, see S.B. 253, 85th Legislature, Regular Session, for amendments affecting this section. Sec. 2256.024. SUBCHAPTER CUMULATIVE. (a) The authority granted by this subchapter is in addition to that granted by other law. Except as provided by Subsection (b), this subchapter does not: (1) prohibit an investment specifically authorized by other law; or (2) authorize an investment specifically prohibited by other law. 51 (b) Except with respect to those investing entities described in Subsection (c), a security described in Section 2256.009(b) is not an authorized investment for a state agency, a local government, or another investing entity, notwithstanding any other provision of this chapter or other law to the contrary. (c) Mortgage pass-through certificates and individual mortgage loans that may constitute an investment described in Section 2256.009 (b) are authorized investments with respect to the housing bond programs operated by: (1) the Texas Department of Housing and Community Affairs or a nonprofit corporation created to act on its behalf; (2) an entity created under Chapter 392, Local Government Code; or (3) an entity created under Chapter 394, Local Government Code. Added by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.025. SELECTION OF AUTHORIZED BROKERS. The governing body of an entity subject to this subchapter or the designated investment committee of the entity shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the entity. Added by Acts 1997, 75th Leg., ch. 1421, Sec. 13, eff. Sept. 1, 1997. Sec. 2256.026. STATUTORY COMPLIANCE. All investments made by entities must comply with this subchapter and all federal, state, and local statutes, rules, or regulations. Added by Acts 1997, 75th Leg., ch. 1421, Sec. 13, eff. Sept. 1, 1997. SUBCHAPTER B. MISCELLANEOUS PROVISIONS Sec. 2256.051. ELECTRONIC FUNDS TRANSFER. Any local government may use electronic means to transfer or invest all funds collected or controlled by the local government. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. 52 Sec. 2256.052. PRIVATE AUDITOR. Notwithstanding any other law, a state agency shall employ a private auditor if authorized by the legislative audit committee either on the committee's initiative or on request of the governing body of the agency. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. Sec. 2256.053. PAYMENT FOR SECURITIES PURCHASED BY STATE. The comptroller or the disbursing officer of an agency that has the power to invest assets directly may pay for authorized securities purchased from or through a member in good standing of the National Association of Securities Dealers or from or through a national or state bank on receiving an invoice from the seller of the securities showing that the securities have been purchased by the board or agency and that the amount to be paid for the securities is just, due, and unpaid. A purchase of securities may not be made at a price that exceeds the existing market value of the securities. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.67, eff. Sept. 1, 1997. Sec. 2256.054. DELIVERY OF SECURITIES PURCHASED BY STATE. A security purchased under this chapter may be delivered to the comptroller, a bank, or the board or agency investing its funds. The delivery shall be made under normal and recognized practices in the securities and banking industries, including the book entry procedure of the Federal Reserve Bank. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.68, eff. Sept. 1, 1997. Sec. 2256.055. DEPOSIT OF SECURITIES PURCHASED BY STATE. At the direction of the comptroller or the agency, a security purchased under this chapter may be deposited in trust with a bank or federal reserve bank or branch designated by the comptroller, whether in or outside the state. The deposit shall be held in the entity's name as 53 evidenced by a trust receipt of the bank with which the securities are deposited. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.69, eff. Sept. 1, 1997. 54 55 APPENDIX B Code of Ethics 56 ARTICLE V. - CODE OF ETHICS[22] DIVISION 1. - RULES OF CONDUCT Sec. 2-310. - Preamble. The purpose of this code of ethics is to promote public trust by establishing rules of conduct for city council members, board members, and employees; by providing a fair process for receiving and adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the basis for possible sanctions, and are therefore intended to clearly define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules; in such situations, council members, board members, and employees are encouraged to keep in mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of impropriety even where not compelled by the rules. If a council member believes that he/she should abstain from voting on an item to avoid the appearance of impropriety, as encouraged by this code of ethics Ordinance, or who in discussing or voting on an issue is unable to take an unbiased position, that council member shall be disqualified from discussions about and subsequent voting for that item under this city ordinance. The city recognizes that city council members are also members of the society and, therefore, cannot and should not be without any personal and economic interest in the decisions and policies of government; that city council members retain their rights as citizens to interests of a personal or economic nature and their rights to publicly express their views on matters of general public interest. It is not the intent of this ordinance to diminish the rights of city council members as citizens of the community. However, city council members may not use their positions in dealing with the city manager or city employees to advance their personal economic interest, their families' economic interest, or the entities in which they have a substantial interest. (Ord. No. 23772, § 1, 9-21-1999; Ord. No. 028170, § 1, 5-12-2009; Ord. No. 028271, § 2, 8-18-2009; Ord. No. 029428, § 1, 3-27-2012) • Sec. 2-311. - Standards. The following rules of conduct apply to all council members, board members, and employees: Special privileges. (1) You shall not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. (2) You shall not grant any special consideration, treatment or advantage to any person or group beyond that which is available to others generally. (3)(a)You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such are lawfully available to the public. Notwithstanding the foregoing sentence, Corpus Christi police officers, airport public safety officers and municipal court marshals may wear their city-issued uniforms, badges, and other uniform attire, may use their city- issued radios, and may carry their city-issued weapons, on approved off-duty law enforcement employment; and Corpus Christi fire fighters may wear their city-issued uniforms, badges, and other uniform attire, and use their city-issued radios on approved off-duty fire watch employment. (b) You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shall be construed consistently with Texas Election Code Section 255.003. 57 (4) Unless you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause. (5) You shall maintain appropriate relationships with other officials, employees, customers, defendants, and individuals receiving services from you or your organizational unit, and shall not use your position to engage in any inappropriate personal relationships. Gifts: (6) You shall not accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. (6)(a)Special applications. Subsection 2-311(5) does not include: (1) A gift to a city official or employee relating to a special occasion, such as a wedding, anniversary, graduation, birth, illness, death, or holiday, provided that the value of the gift is fairly commensurate with the occasion and the relationship between the donor and recipient; (2) Advancement for or reimbursement of reasonable expenses for travel in connection with official duties provided by third parties must be disclosed in the travel report; payment for or reimbursement of expenses for travel in excess of authorized rates under city policy will be treated as a personal gift to the official or employee for any applicable reporting requirement; (3) A public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion and it is not prohibited under Texas Penal Code Section 36.08 (Gift to Public Servant by Person Subject to His Jurisdiction); (4) A loan from a lending institution made in its regular course of business on the same terms generally available to the public; (5) A scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants; (6) Any solicitation for civic or charitable causes; (7) Admission to an event in which the city official or employee is participating in connection with his or her spouse's position; (8) Ceremonial and protocol gifts presented to city officials from a foreign government or international or multinational organization and accepted for the City of Corpus Christi; (9) Admission to a widely attended event, such as a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception or similar event, offered by the sponsor of the event, and unsolicited by the city official or employee, if attending or participating in an official capacity, including: (A) the official or employee participates in the event as a speaker or panel participant by presenting information related to matters before the city; or (B) the official or employee performs a ceremonial function appropriate to that individual's position with the city; or (C) attendance at the event is appropriate to the performance of the official duties or representative function of the official or employee; (10) Admission to a charity event provided by the sponsor of the event, where the offer is unsolicited by the city official or employee; (11) Admission to training or education program or other program, including meals and refreshments furnished to all attendees, if such training is related to the official or employee's official duties and the training is in the interest of the city. (7) In the event you receive any gift or loan of property or services on behalf of the city, you shall promptly deliver such gift or loan to the city manager for official acceptance and inventory of the city. Conflicts of interest: 58 (8)(A) If a contract or business transaction involving the city, in which you or one of your relatives have a conflict of interest or potential conflict of interest comes before you in the performance of your official duties, you shall take the following actions: (i) Immediately make a written disclosure of your interest in the matter to the city secretary and city manager. (ii) Abstain from any vote or decision. (iii) Not participate in any discussion on the matter with members of the council, the city manager, or city employees. (B) You may not use your position to influence the action of a city official or employee in the performance of their duties related to a contract or business transaction in which you or one of your relatives have a conflict of interest or potential conflict of interest. (C) If you were initially not aware that you or a relative has a conflict or potential conflict of interest, you must comply with (7)(A) as soon as you become aware that you have or should have been aware that you have the conflict or potential conflict of interest. (D) However, you may apply for city services or discuss your personal interest with a city representative on behalf of your own interest if you notify the city secretary and city manager in writing that you have a personal interest in a matter that requires action by the city, and that you are acting strictly in your private capacity, and not as a member of the city council or board or as a city employee and you advise any member of the city council, city board or commission, or any city employee you are dealing with that you are appearing only in your private capacity. (9) You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your independent judgment in the performance of your duties, or reflect discredit upon the city. (10) You shall not represent any other private person, or group or interest in any action or proceeding against or adverse to the interest of the city or in any litigation in which the city is a party. (11) You shall not represent any other private person or group in any action or proceeding in the municipal courts of the city which was instituted by city officers or employees in the course of their official duties. (12) You shall not receive any fee or compensation for your official services from any source other than the city except as may be provided by law or authorized by the city council. Actions adverse to the city: (13) You shall not disclose information that could adversely affect the property or affairs of the city, except as required by law. (14) You shall not knowingly perform or refuse to perform any act in order to deliberately thwart the execution of federal, state or local laws or regulations or the achievement of any official city programs. (15) You shall not engage in any felony crime, misdemeanor involving moral turpitude, or other conduct that reflects discredit on the city. Provisions for council members: (16) As a city council member, individually, you shall not have a substantial interest in any contract with the City of Corpus Christi. (17) In order to preserve and promote independent advice and decisions from city boards and the integrity of the independent board process as a council member, you shall not speak before any city board, commission or committee except on behalf of your own financial interest; in which case, you shall publicly state the nature of your financial interest and that you are appearing only in your private capacity. (18) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. 59 (19) As a council member, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the city, or to the governing body of an independent entity all or part of whose members are appointed by the city council, after you are aware that an individual seeking, being promoted for, or being considered for the position: (1) Is related to you within a degree described by Section 573.002, Texas Government Code; (2) Is your employer; (3) Is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer; or (4) Owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer. Provisions for board members: (20) As a board member, you shall not have a substantial interest in any contract with the city in which your board or commission, or the city department related thereto, has jurisdiction. (21) As a board member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the city council, or any board which has appellate jurisdiction over your board, commission or committee, concerning a matter which is within the subject matter jurisdiction of your board. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) Provisions for employees: (22) As an employee you shall not have an interest in any contract with the city. This prohibition does not include any employment contract which may be authorized for the employee, a contract of sale for real property or a contract for services which are available for all citizens. (23) Unless previously recommended by the city manager, and approved by the ethics commission, as an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any formal or informal appearance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee. (24) As an employee, you shall not represent or appear on behalf of the private interest of others before the city council or any board, commission or committee of the city. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest). (25) As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is subject to review or inspection by your department, even if you do not personally review or inspect the work of the business or individual. (26) As an employee, you may not violate the confidentiality or privacy of an individual, including a juvenile and adult defendants or detainees or juvenile clients being counseled through a city program, unless it is to seek emergency assistance or consultation services from within the city's program or school campus; the individual has threatened to harm themselves or others; or to provide details of any criminal activity or enterprise. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 20913, § 1, 5-1-1990; Ord. No. 23772, § 2, 9-21-1999; Ord. No. 24613, § 1, 10-9-2001; Ord. No. 025769, § 1, 5-25-2004; Ord. No. 027642, § 1, 4-8-2008; Ord. No. 028170, § 1, 5- 12-2009; Ord. No. 028271, § 2, 8-18-2009; Ord. No. 029428, § 1, 3-27-2012; Ord. No. 029467, § 1, 5-8-2012) • Sec. 2-312. - Definitions. The following definitions apply to the above rules of conduct: Board member: A member of any board, commission or committee of the city, including the board of any corporation created by the city. 60 Conflict of interest: Any interest, reasonable expectation of an economic benefit, substantial interest, or anticipated substantial interest in a matter or business transaction involving the city that could influence an individual's ability to make an impartial decision. 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. 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. Interest: Any direct or indirect pecuniary or material benefit in a contract or transaction other than: (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which would not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200.00) in value; or (3) An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired for a public purpose and just compensation must be paid under the Texas Constitution after obtaining an independent appraisal. Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, father-in-law, mother- in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law and adoptive relationships being treated the same as natural relationships. Substantial interest: Any interest in a business entity if the person or relative owns ten (10) per cent or more of voting stock or shares of the business entity or owns ten (10) per cent or more or five thousand dollars ($5,000.00) or more of the fair market value of the business entity or funds received from the business entity exceeds ten (10) per cent or more of the person's gross income for the previous year. A person has a substantial interest in real property if he or his relative controls or has an equitable or legal ownership interest with a fair market value of two thousand five hundred dollars ($2,500.00) or more. (Ord. No. 20781, § 1, 9-19-1989; Ord. No. 028170, § 2, 5-12-2009; Ord. No. 028271, § 3, 8-18-2009; Ord. No. 029428, § 1, 3-27-2012) • Sec. 2-313. - Effect of violation. A violation of these rules of conduct shall subject the council member, board member or employee to appropriate disciplinary proceedings, but such violation shall not render the action of the city voidable by the city unless the action would not have been approved without the vote of the person who violated the rules of conduct. (Ord. No. 20781, § 1, 9-19-1989) • Sec. 2-314. - Exceptions to abstention requirement. The requirement that a council member or board member abstain from voting on a matter or participating in discussion as contained in rule 7 of the rules of conduct shall not apply in the following situations, provided that such person has complied with the requirements of written disclosure of the interest: 61 (a) In the event a majority of the members of the council or the board, commission or committee have filed a written disclosure of a conflict of interest on the matter and would be required to abstain; or (b) On the final approval of the budget when the person has abstained from a separate vote taken on the particular budget item pertaining to the conflict of interest and action or that particular item has been resolved. (Ord. No. 20781, § 1, 9-19-1989) Cross reference— Rules of conduct, § 2-311. • Sec. 2-315. - Freedom of expression. Nothing contained in the code of ethics shall abridge the right of any citizen, whether or not a council member, board member or employee, to exercise his or her right of expression under the U.S. or Texas Constitutions. (Ord. No. 20781, § 1, 9-19-1989) • Sec. 2-316. - Lobbyist registration. Subsection A. Persons required to register as lobbyists. (a) A person who engages in lobbying must register with the city secretary if, with respect to any client, the person engages in lobbying activities for compensation. (b) The following persons are not required to register under subsection (a): (1) Media outlets. A person who owns, publishes or is employed by: (A) a newspaper; (B) any other regularly published periodical; (C) a radio station; (D) a television station; (E) a wire service; or (F) any other bona fide news medium that in the ordinary course of business disseminates news, opinions, or paid advertisements that directly or indirectly oppose or promote municipal questions to seek to influence official action relating thereto, if the person does not engage in other activities that require registration under Part E. This subsection does not exempt the news media or a person whose relation to the news media is only incidental to a lobbying effort or if a position taken or advocated by a media outlet directly impacts, affects, or seeks to influence a municipal question in which the media outlet has a direct or indirect economic interest. (2) Mobilizing entity constituents. A person whose only lobbying activity is to encourage or solicit the members, employees, or owners (including shareholders) of an entity by whom the person is compensated to communicate directly with one or more city officials to influence municipal questions. This exception is intended to apply to neighborhood and other similar not-for-profit organizations. (3) Governmental entities. Governmental entities and their officers and employees, provided the communications relate solely to subjects of governmental interest concerning the respective governmental bodies and the city. (4) Unknown municipal questions. A person who does not know and has no reason to know that a municipal question is pending at the time of contact with a city official. (5) Dispute resolution. An attorney or other person whose contact with a city official is made solely as part of resolving a dispute with the city, provided that the contact is solely with city officials who do not vote on or have final authority over any municipal question involved and so long as such an 62 attorney complies with Rule 4.02 of the Texas Disciplinary Rules of Professional Conduct, as amended. Subsection B. Definitions. The following words and phrases have the meaning ascribed to them in this section unless the context requires otherwise: (a) City official means the members of the city council, city manager, deputy and assistant city managers, city secretary, city attorney, assistant city attorneys, department heads, municipal court judges, and all members of any board, commission or committee of the city, including the board of any corporation created by the city. (b) Client means any person on whose behalf lobbying is conducted. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members. (c) Compensation means money, service, facility or other thing of value or financial benefit that is received or is to be received in return for or in connection with services rendered or to be rendered. Compensation does not include a payment made to any individual regularly employed by a person if (1) the payment ordinarily would be made regardless of whether the individual engaged in lobbying activities and (2) lobbying activities are not part of the individual's regular responsibilities to the person making the payment. Compensation does not include the financial gain that a person may realize as a result of the determination of a municipal question, unless that gain is in the form of a contingent fee. (d) Lobby or lobbying means any oral or written communication (including an electronic communication) to a city official, made directly or indirectly by any person in an effort to influence or persuade an official to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any municipal question. The term lobby or lobbying does not include a communication: (1) merely requesting information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a city official; (2) made by a public official or employee acting in his or her official capacity; (3) made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public; (4) made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, or any other medium of mass communication; (5) made at a meeting open to the public under the Open Meetings Act; (6) made in the form of a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding; (7) made in writing as a petition for official action and required to be a public record pursuant to established city procedures; (8) made in writing to provide information in response to an oral or written request by a city official for specific information; (9) the content of which is compelled by law; (10) made in response to a public notice soliciting communications from the public and directed to the official specifically designated in the notice to receive such communications; (11) made on behalf of an individual with regard to that individual's employment or benefits; (12) made by a fact witness or expert witness at an official proceeding; or (13) made by a person solely on behalf of that individual, his or her spouse, or his or her minor children. 63 (e) Municipal question means a public policy issue of a discretionary nature pending or impending before city council or any board or commission, including but not limited to proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, reports, regulations, policies, nominations, appointments, sanctions, and bids, including the adoption of specifications, awards, grants, or contracts. The term municipal question does not include the day-to- day application, administration, or execution of city programs and policies. Subsection C. Registration. (a) A registration form shall be completed and filed by a person required to register prior to the commencement of lobbying activity for a client. (b) A separate registration form must be filed for each client. (c) The registration shall be on a form prescribed by the city secretary and shall include, to the extent applicable: (1) the full name, phone number, permanent address, and nature of the business of: (A) the registrant; (B) the client; (C) any lobbying firm for which the registrant is an agent or employee with respect to the client; and (D) each employee or agent of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client; (2) a statement of all municipal questions on which the registrant will lobby for the client. (d) A registrant shall file an amended registration if the information contained in the current registration changes or is incorrect. (e) A registrant may file a termination of registration when no longer required to register. (Ord. No. 23772, § 3, 9-21-1999) • Secs. 2-317—2-319. - Reserved. 64 APPENDIX C Resolution Approved Resolution reaffirm i ng the City of Corpus Christi 's Investment Po licy and Investment Strateg ies for fiscal year 2017-2018. WHEREAS , th e City of Corpus Christi's Investment Policy and In vestment Strategies were first adopted pursuant to Resolution No . 022390 on October 24, 1995; WHEREAS , the Texas Public Funds Investment Act requires the governing body to annually review, amend as necessary, and reaffirm its investment policy and invest- ment strategies; WHEREAS , the Investment Policy and Investment Strategies were previously re- viewed for fiscal year 2016 -2017 on November 18, 2016, and reaffirmed pursuant to Resolution No . 031022 on December 20, 2016; WHEREAS , the Investment Policy and Investment Strategies were reviewed for fiscal year 2017-2018 by the Investment Committee on November 28, 2017, recom - mended for approval with an updated issuance date, and a re required to be annually reviewed , amended (if necessary), and reaffirmed by the City Council ; Be it resolved by the City Council of the C ity of Corpus Christi , Texas: Section 1 . The City Council has reviewed the City of Corpus Christi 's Investment Policy and In vestment Strategies for fiscal year 2017-2018 . A copy of the Investment Pol icy , which contains the separate Investment Strategies, is attached to this resolution as Exhibit A and incorporated by reference into this resolution as if set out here in its entirety. Section 2 . With an updated issuance date that coincides with the date this resolution is passed, the City Council reaffirms the City of Corpus Christi 's Investment Policy and Investment Strategies for fiscal year 2017-2018 and continues the policy and strategies in full force and effect. ATTEST: CITY OF CORPUS CHRISTI Ed:H:e~ -rliJ1 (~ City Secretary 03 1 314 INDEXED Corpus Christi, Texas /CJ~dayof J)e~AC ,2ofl ) The above resolution was passed by the following vote: Joe McComb Rudy Garza Paulette Guajardo Michael Hunter Debbie Lindsey-Opel Ben Molina Lucy Rubio Greg Smith Carolyn Vaughn 031314 ' 67 APPENDIX D Legal Defense and Indemnification of City officers and Employees 68 APPENDIX D Corpus Christi Code of Ordinances Chapter 39 Personnel Article I In General Sec. 39-14. - Legal defense and indemnification of city officers and employees. (a) Definitions. For the purposes of this section the term "officer" shall include any elected or appointed official of the city; and the term "employee" shall include all employees of the city, whether under civil service or not, including firemen and policemen, and shall include authorized volunteers, working under a volunteer program approved by the city manager. (b) Indemnification. Any officer or employee who is liable for the payment of any claims or damages arising out of the course and scope of employment shall be entitled to indemnification by the city provided that the acts or omissions resulting in such liability were done in good faith and without malicious or felonious intent. For the purposes of this section, the term "arising out of the course and scope of employment" shall not include any action which occurs during a period of time in which the officer or employee is engaged in outside employment or is rendering contractual services to someone other than the city. Whether the acts were done in good faith, without malicious or felonious intent, and within the course and scope of employment shall be determined by the city, and such determination shall be final for the purposes of the representation and indemnity of this section; provided, however, that in the event such representation and indemnity have been denied by the city, if upon a trial on the merits the city determines that the officer or employee was acting in good faith, without malicious or felonious intent and within the scope of employment the indemnification hereunder shall be granted and reasonable legal expenses incurred in the defense of the claim reimbursed. The city shall not be liable for any settlement of any such claim or suit effected without consent, and the city reserves the right to assert any defense and make any settlement of any claim or suit that it deems expedient. (c) Representation in actions. The city shall have the right and duty to provide legal representation through the city attorney, or in its discretion through the selection of outside legal counsel, to any officer or employee sued in connection with any claim for damages or other civil action against such person arising out of the course and scope of employment, provided that such officer or employee is entitled to indemnification as set forth in this section. Such legal representation shall be provided at no cost to the officer or employee, and any officer or employee may have his or her own counsel assist in the defense at the sole expense of the officer or employee. The officer or employee shall cooperate fully with the city in preparation and presentation of the case, and the failure to cooperate shall waive such officer's or employee's right to representation and indemnity under this section. (d) City's defenses. Nothing in this section shall be construed as waiving the city's defense of governmental immunity to it or its employees or officers in any action brought against the city or such officer or employee. For any suit or claim arising under the Texas Tort Claims Act, the indemnity provided by this section shall be limited to the statutory limits applicable to the city provided in said Act, as amended. (e) Notice. The provisions of this section shall apply only where the city has been given notice of the action brought against any city officer or employee within ten (10) days of service of process upon the officer or employee. (f) Disciplinary actions. Nothing in this section shall prevent the city from taking disciplinary action against any officer or employee for conduct defended or indemnified by the city under this section, either before or after conclusion of the civil suit. (g) Suits in behalf of the city. Nothing in this section shall require the city to indemnify any officer or employee for recoveries made against him or her in suits by or on behalf of the city. The city council may, however, authorize the city attorney to represent any officer or employee in a suit brought by a taxpayer in behalf of the city against the officer or employee. (Ord. No. 14320, § 1, 5-17-1978; Ord. No. 17867, §§ 1—3, 10-5-1983; Ord. No. 19863, § 1, 7-21-1987; Ord. No. 19864, § 1, 7-21-1987) Editor's note— Formerly numbered § 39-16. Briefing to City Council City Auditor’s Office External Peer Review Report DATE: December 4, 2018 TO: Honorable Mayor and City Council CC: Keith Selman, Interim City Manager FROM: Kimberly L. Houston, Interim City Auditor kimberlyh@cctexas.com 361-826-3661 STAFF PRESENTER(S): Name Title/Position Department 1. Kimberly Houston Interim City Auditor City Auditor’s Office STAFF PRESENTER(S): None BACKGROUND: City Ordinance Section 12½ Section 1(b)(3) requires the City Auditor’s Office to establish “audit policies and procedures consistent with Generally Accepted Government Auditing Standards [GAGAS] established by the Comptroller General of the United States” through the U.S. Government Accountability Office. City Ordinance 12½ Section 7 and the above-mentioned standards require this office to obtain a peer review every 3-years to evaluate our adherence to GAGAS. During the week of October 15, 2018, qualified members of the Association of Local Government Auditors (ALGA) were onsite to perform their review of the City Auditor’s Office. The objective of ALGA’S peer review is to “determine whether an audit organization’s quality control system is suitably designed and is in place and operating effectively. A peer review also provides assurance that an audit organization is following its established policies and procedures and applicable auditing standards.” Evidence of a satisfactory review is demonstrated by the City Auditor’s Office through the inclusion of a statement of compliance with government auditing standards on all our audit reports. This is the second satisfactory peer review performed on this office. A Certificate of Compliance for the period of January 1, 2015 through December 31, 2017 and corresponding peer review report was presented and accepted by the Audit Committee on November 13, 2018. A copy of the peer review report is published on Audit’s website. AGENDA MEMORANDUM City Council Meeting of December 4, 2018 LIST OF SUPPORTING DOCUMENTS: Certificate of Compliance with Government Auditing Standards Peer Review Report The Association of Local Government Auditor s Awards this Certificate of Compliance to City of Corpus Christi, City Auditor’s Office Recognizing that the organization’s internal quality control system was suitably designed and operating effectively to provide reasonable assurance of compliance with Government Auditing Standards for audit and attestation engagements during the period January 1, 2015, through December 31, 2017. Paul Geib Paul Geib Kristine Adams-Wannberg ALGA Peer Review Committee Chair ALGA President of the External Q ali y Control Review City of Corpus Christi, City Auditor's Office Peer Review Period: January 1, 2015-December 31 ,2017 October 17 ,2018 .~·~•o, ~ ~ 5 Association of Local Government Auditors "'<" .l "0.-t-'" ·r~·/?N ~ October 17, 2018 Kimber ly Housto n , Inter im C ity Auditor City of Corpus Christi, T exas City A uditor's Office 1201 Leopard Street Corpus Christi, T X 78401 Dear Ms . Houston , We have completed a peer review of the City of Co rpus C hristi, City Auditor's Office for the period J anua ry 1, 2015 through December 31, 2017. In cond uctin g our re view, we followed the standards and guidelines contain ed in the Peer Review Guide published by the Assoc iation of Local Government Aud itors (ALGA). We reviewed the internal quality control system of your audit organization and conducted tests in order to determine wheth er your intern al quality control system ope rated to p rovide reasonable assurance of co mpli ance w it h Government Auditing Standards issued by the Comptroller General of the United States. Our procedures in c lud ed: • Reviewing the audit organization's written policies and p rocedures. • Reviewing internal monitoring procedures . • Reviewing a sample of audit engagements and working papers. • Reviewi ng documents rel ated to independence , training, and development of auditing staff. • In terviewing auditing staff to assess their understanding of, and compliance with, r elevant quality control policies and procedures. Due to variances in individual performance and judgment, compliance does not imply adherence to standards in every case but does imply adherence in most situations. Based on the results of our re view, it is our opinion that the City of Corpus Christi, City Auditor 's Office internal quality control system was suitab ly desig ne d and operating effectively to provide reasonable assurance of complia nce with Government Auditing Standards for aud its and attestation engagements from January 1, 2015 throu gh December 31, 2017 . We have prepared a se parate letter offering suggestion s t o further st rengthen your internal qua li ty control system. Cameis a Sm ith , C IA , CGAP Sr. Auditor Office of the City Auditor Tallahassee , FL R~~ Inspector General Maryland-National Capital Pa rk and P lanning Commission Greenbelt, MD 449 Lc\\tS Ha rgcll Cm:lc. Suttc ::!90. Lc \tngiOn. KY 4050 3.1'honc: t!l59) ::!76-06R6. Fa\: (!159) 27!1-0507 wcbmas tc nunasacl.o rg • "" \\ .algaonlt nc.org Association of Local Government Auditors October 17, 2018 Kimberly Houston, Interim City Auditor City of Corpus Christi , Texas City Auditor's Office 1201 Leopard Street Corpus Christi, TX 78401 Dear Ms. Houston , We have completed a peer review of the City of Corpus Christi , City Auditor's Office (CAO) for the period January 1, 2015 through December 31, 2017 and issued our report th ereon dated October 17, 2018. We are issuing this companion letter to offer certain observations and suggestions stemming from our peer review. We would like to mention some of the areas in which we believe your office excels: • The CAO has inclusive planning processes to help ensure audits address key risks and possible fraud, waste and abuse. Examples include: o comprehensive Audit Planning Memorandum ; o collaborative Risk Assessment Matrix; and o collaborative fraud brainstorming sessions. • The CAO has earned the support and trust of the Audit Committee. We offer the following observations and suggestions to enhance your organization's demonstrated adherence to Government Auditing Standards: • Per Standard 2.12 , if a nonaudit service is performed for an entity for which the audit organization performs a GAGAS audit, the audit organizations should communicate with requestors that the work performed does not constitute an audit conducted in accordance with GAGAS. In addition, Standard 3.34 requires the auditor to determine if providing a nonaudit service to an audited entity would create a threat to independence . For the period reviewed, the CAO completed 43 nonaudit services as compared to nine (9) Performance Audits. Six (6) of the nonaudit services were follow-up reviews for previously committed Performance Audits . The final nonaudit reports do not contain required language that the follow-up work does not constitute an audit conducted in accorda nce with GAGAS. In addition , the auditors did not consistently include an independence statement in the nonaudit services workpapers. We recommend that the City Auditor ensure all nonaudit service reports contain language consiste nt with Standard 2.12 . In addition, the City Auditor should ensure assigned auditors assess any threats to independence for all nonaud it services and include a completed independence statement in the respective workpapers. • Per Standard 6.11 (e), Auditors should asse ss audit risk and significance within the context of the audit objectives by gaining an understanding of ongoing investigations or legal proceedings within the context of the audit objectives. The CAO's Audit Planning Memo contains language to ensure assessment of five areas (a-d, f) but does not address requiremen t 6.11 (e). In addition, the CAO's Internal Audit Guide, Section 6.2 Background and Planning does not reference ongoing investigations or legal proceedings. 449 Lc\1 is l-la rgcll C trc lc. Suite 290. Lc.x111gto n. K Y 40503 . Phone: 1 H59) ~76-06X6. Fa': (X59) 27X -050 7 wcbmas tcrra na sac t.org • "IV\\ .algao n l111c.urg October 17, 2018 Companion Letter Page 2 We re com mend that the City Audito r update their Aud it Planning Memo template and Internal Audit Guide to include assessment of ongoing in vest igations or legal proceed in gs. We extend our thanks to you, your staff and the other city officials we met for the hospitality and coope ra tion extended to us during our review. Cameisha Smith, CIA, CGAP Sr. Audito r Office of the City Aud itor Tallahassee, FL ~~ Renee Kenney, CPA, CIA, CIG, CISA Inspector General Ma r yland-National Cap ita l Par k and Planning Commission Greenbelt, MD -l-l'J Lc\\ts l-l argcll Cm:lc. Suu c :!90. Lc:o.tnglOn. KY 40503. Phone. d!59) :!76·06H6. l·a\: (X5'1) ~7 X -050 7 \\Chma!'.\ICI"'ll nu sac..:a.org • '' '' \\ .algao nli nc.org City of Corpus Christi CITY AUDITOR PO Box 9277 Co rpus Chri sti Te xas 78469-9277 Phon e 361-826-366 1 Fax 36 1-826-33 10 ·wwv.•. cctexas. com October 17, 2018 Renee Kenney, C PA C IA CIG CISA Inspector Genera l Maryland -National Capital Pa rk and Planning Commission G ree nb elt, MD Cameisha Smith , CIA CGAP Se nio r A udi to r Office of the City A uditor T a ll ahassee, FL Dear Ms. Kenney a nd Ms . Smith, We have re ceived the result s from ou r external qualit y control r eview (peer re view) of the City of Corpus Chri sti 's City Auditor's Office for the per iod of J an uary 1, 20 15 th rough December 31 ,2017 . We are pleased the results s how our system of interna l quality control comp li ed with Government Auditing Standa rd s. We app reciate that yo ur r epo rt includes a reas in which you be li eve our office excels as well as sugges ti ons to help improve our audi t processes. We have carefull y reviewed the recomm enda tion s presented in th e peer review letter, and our pl a ns to co rr ect the iss ues are de sc ribed be low. We w ill revise ou r a udi t gu id e a nd documentation acco rdingl y. • We r ecommend the City Auditor ensure all non audit service reports contain language consistent with Standards 2. 12. In addition , th e City Auditor sho uld ensure assign ed auditors assess any threats to independence for all nonaudit services and include a complete independence sta tement in the respective workpapers. We will incorpo rate language in no naudit services repo rts to demonstrate com pli ance with Sta nd a rd s 2.12. When pe rformi ng futu re nonaudit services, we will assess a ny th reats to independence and ensure completed independence stat ements are included in wor kpapers. • We recomme nd th e Ci ty Audi to r update their Audit Planning Memo templa te and Internal Audit Guide to include assessment of ongoing investigations or legal procee dings. We w ill u pdate ou r Aud it Pl anning Memo and In te rn al A udit Gu id e to in clu de assessment of ong oing investigatio ns or lega l proceed in gs . I wou ld like to exte nd m y app r ecia tion to our peer review team fo r thei r dedicati on to Associat ion of Loca l Government Aud itor's and to th e pr ofession of inte rn a l a ud it ing . We appreciate th e professionalis m yo u demonstrated dur ing the r eview, a nd we va lu e t he ideas and su ggesti o ns provided t o u s. _.,. _.. ~"""'w:f' Cit y of Corpus Christi CITY AUDITOR PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 36 1-826 -366 1 Fax 36 1-826 -33 10 www.cctcxas.com Respectfully, ~z~"~ Interim City Aud itor City of Cor pus Christi, Texas cc: Trevor Williams DATE:November 9, 2018 TO:Keith Selman, Interim City Manager FROM:Nina Nixon-Mendez, FAICP, Director, Development Services Department NinaM@cctexas.com (361) 826-3276 STAFF PRESENTER(S): Name Title/Position Department 1. Nina Nixon-Mendez Director Development Services 2. Gene Delauro Assistant Director/Development Services Building Official 3. Bill Green Assistant Director Development Services BACKGROUND: In May 2018, a series of Stakeholder Focus Groups representing a range of diverse interests such as builders, business associations, engineers, architects, planners, trades, designers, restaurants, community associations, military, and environmental advocacy, were conducted by the Leadership Institute in coordination with the Department of Development Services. The following questions were asked at each focus group session: 1) Tell me about the positive or satisfactory experiences you have had with the Development Services Department. 2) Tell me about the disappointments you have had with the Development Services Department. 3) Based on your experience can you list three changes that would improve the operations of the department and explain why? 4) Based on your experience, can you list three policy changes that would improve development in Corpus Christi and explain why? 5) How can the Development Services Department improve communications with its community partners? 6) Is there anything else you would like to share about your experience with Development Development Services Strategic Action Plan AGENDA MEMORANDUM for the City Council Meeting of November 27, 2018 Services? Are there any other recommendations or suggestions you would like to make? The Focus Group dialogue has provided an assessment of improvements that are warranted to enhance service delivery. Based on this input, the strategic action plan provides a blueprint to improve business services and address policy issues. The strategic action plan consists of four areas of emphasis: customer service, proficiency, innovation and communication. Under each area of emphasis, core themes and strategic actions are identified to improve the efficiency and effectiveness of the Department’s business functions. LIST OF SUPPORTING DOCUMENTS: Presentation Strategic Action Plan Development Services Department Strategic Action Plan November 2018 2 Mission and Operational Profile The Mission of the Development Services Department is to administer the building and development codes, and facilitate development of the City. The Development Services Department is responsible for development and permitting activities in the City of Corpus Christi and bringing to- gether all facets of the development process including platting, zoning, building permits, and public improvements associated with land devel- opment. The Department offers a One-Stop service center and pro- vides early assistance meetings to guide customers in the development process. 3 The Development Services Department coordinates development throughout Corpus Christi and its extraterritorial jurisdiction. The department has 63 staff members who deliver services related to building permits, land develop- ment, and community resiliency. In partnership with other city depart- ments, activities are centralized in a One Stop Shop where technical assis- tance is offered through Early Assistance consultation, and development re- lated permitting services are provided. Development Services assists with rezoning, platting, plan review, public in- frastructure improvements, building permits and inspections. Additional ser- vices offered by the department are vendor permits, backflow compli- ance and floodplain management. Technological improvements have enhanced service delivery. In 2015, a new software platform, Infor Public Sector, was implemented and continues to provide automated services including online project and inspections status. Upgrades scheduled for completion in April, 2019, will provide on-line appli- cation submittal and payment. The Unified Development Code was updated in 2011 and in the future will be available on a new software platform, EnCode. In 2018, an evaluation of the UDC was initiated to provide recommended revisions with content that is easily read, to address best management practices and development process- es, and to review zoning provisions. Also, a cost of services study was initiat- ed to better understand and evaluate the level of service currently funded through development fees. Department Summary Current Department Strategies Enhance outreach efforts Implement new permitting and inspections software, including on-line permitting and inspec- tion request options, and on- line fee payment Have quicker turnaround on inspection results and com- mercial and residential plan review Improve public infrastructure plan review Improve plan acceptance pro- cedures Implement Unified Develop- ment Code, which consolidates zoning, platting and other codes Provide over-the-counter busi- ness at front counter 4 Development Services Functions What We Do 5 Baseline Information FY 2017-2018 FY 2016-2017 FY 2015-2016 FY 2014-2015 Full-tfme employees 63 63 63 63 Total expenditures (in million $) $5.60 $5.90 $7.50 $5.80 Total revenues (in million $) $7.83 $6.90 $7.30 $7.00 Valuatfon of new single-family residentfal $166 $163 $192 $202 permits issued ($ in millions) Valuatfon of commercial constructfon building $293 $382 $379 $386 permits issued ($ in millions) Final acres platted 918 370 713 1,453 Total permits issued - annual 18,749 13,878 17,591 16,131 Total new residentfal single-family plans 952 897 1,112 1,177 approved - annual Total commercial constructfon plans 654 604 959 1,153 approved - annual Total inspectfons performed - annual 31,290 34,926 37,446 38,644 6 Strategic Action Plan Process 7 In May, 2018, a series of Stakeholder Focus Groups representing a range of diverse inter- ests such as builders, business associations, engineers, architects, planners, trades, design- ers, restaurants, community associations, military, and environmental advocacy, were conducted by the Leadership Institute in coordination with the Department of Develop- ment Services. The following questions were asked at each focus group session: 1) Tell me about the positive or satisfactory experiences you have had with the Develop- ment Services Department. 2) Tell me about the disappointments you have had with the Development Services De- partment. 3) Based on your experience can you list three changes that would improve the opera- tions of the department and explain why? 4) Based on your experience, can you list three policy changes that would improve development in Corpus Christi and explain why? 5) How can the Development Services Department improve communi- cations with its community partners? 6) Is there anything else you would like to share about your experi- ence with Development Services? Are there any other recommenda- tions or suggestions you would like to make? The Focus Group dialogue has provided an assessment of improve- ments that are warranted to enhance service delivery. Based on this input, the strategic action plan provides a blueprint to improve busi- ness services and address policy issues. The strategic action plan con- sists of four areas of emphasis: customer service, proficiency, innova- tion and communication. Under each area of emphasis, core themes and strategic actions are identified to improve the efficiency and effectiveness of the De- partment’s business functions. Stakeholder Focus Groups Stakeholder Focus Group Participants American Institute of Architects, Corpus Christi American Society of Civil Engineers, Corpus Christi Branch Associated Builders and Contractors, Inc., Texas Coastal Bend Chapter Coastal Bend Bays and Estuaries Coastal Bend Homebuilders Associa- tion Coastal Bend Restaurant Association Consulting Engineers Council of Texas Corpus Christi Black Chamber of Com- merce Designers Downtown Management District Flour Bluff Business Association Gulf Coast Growth Ventures North Beach Community Association South Texas Associated General Contractors U.S. Navy Air Station United Corpus Christi Area Chamber of Commerce 8 Customer Service On-line Services • On-line services by April 1, 2019: • Permitting and payment • Plans submission • Inspectfons scheduling • Contractors search • Customer alert system Customer First • Staff to implement pro-actfve, solutfon oriented attitude • Implement Customer Services First Program by January 1, 2019 Technical Assistance • Hold 40 early assistance meetfngs per month by October 1, 2019 • Hold 10 pre-constructfon meetfngs per month by October 1, 2019 • All relevant departments to attend these technical assistance meetfngs Performance Efficiencies and Indicators • Outsource public improvement plan reviews to ensure tfmeliness of review as warranted • Reduce plat review tfmes to 45 days (minus engineer response tfme) • Commercial building permit reviews processed within 14 days • Residentfal building permit reviews processed within 2 days • Reduce the number of new residentfal plan reviews that are revisions to 20% or less • Reduce the number of commercial plan reviews that are revisions to 35% or less Strategic Action Plan 9 Proficiency Staffing • Evaluatfon of job descriptfons to ensure positfon requires essentfal competencies and experience • Complete cost of services study by June, 2019 to ensure fees support essentfal staff components • Retain qualified staff by reviewing positfon descriptfons regularly to ensure compensatfon is competftfve Community Learning Opportunities • Designer workshops • Community outreach at City Hall at the Mall and other events • Customized subject matter brochures and presentatfons • Web site enhancements to ensure informatfon is easily accessible • Work with industry to create new training sessions Staff Training • Staff certfficatfons by Internatfonal Code Council, American Instftute of Certffied Planners, and other relevant pro- fessional organizatfons • In-house and other training opportunitfes for staff • Internal administratfve procedures developed for every facet of organizatfon Unified Development Code • Publish rule interpretatfons to augment uniform applicatfon and interpretatfon of codes • UDC evaluatfon by July, 2019 • Targeted amendments - 2019-2020 • Annual UDC review process beginning 2021 • Public release of EnCode software platiorm for user-friendly on-line publicatfon of UDC Strategic Action Plan 10 Innovation Permitting and Inspections • Explore self-certfficatfon or third-party optfons for single-family residentfal constructfon • Offer expedited residentfal plan review for single family constructfon based on previously approved models Continuous Improvement • Process mapping of internal functfons to assess areas for potentfal efficiencies and improvement • Reductfon in response tfmes • Streamline paperwork • Establish backup procedure for scheduling inspectfons, etc., if INFOR is down Geographic Information Systems • Ensure most accurate and relevant data is incorporated into City’s mapping program and kept up to date • Ensure As-Built plans are received by City for mapping prior to plat recordatfon or prior to release of financial securi- ty if improvements were deferred • Integratfon of GIS applicatfons in Infor system Infor • Land development module implementatfon by 2020 • Registratfon module implementatfon by 2020 Municipal Code • Evaluate ability for administratfve approval of development requirements to facilitate permit issuance including out of city limits water contracts and easement closures Strategic Action Plan 11 Communication Stakeholders • Identffy stakeholder groups to provide messaging to broadcast initfatfves • Keep stakeholders informed through letters, press releases, and other forms of written and oral communicatfon • Notffy stakeholders of proposed amendments to the UDC via stakeholders email listfng • Consider publicatfon of informatfon/notfces in languages other than English • Attend stakeholder meetfngs to discuss department programs Web Site • Keep staff listfng and organizatfon chart up to date • Post proposed code amendments in advance of public hearings • Post Master Plans links on one page • Provide customer feedback link • Enhance fee calculator functfons Forms Depot • Contfnue to make forms available on web site in a centralized locatfon Code Interpreta- tions • Publish code interpretatfons for consistency of applicatfon • Revise/amend codes and cross-reference as necessary to address conflictfng or redundant provisions between codes Strategic Action Plan Development Services Department Strategic Action Plan City Council Presentation November 27, 2019 2 Department’s Mission The Mission of the Development Services Department is to administer the building and development codes, and facilitate development of the City. Development Services Functions 3 4.62 Acre Remainder Building Permitting •Building Permits •Certificates of Occupancy •Commercial and Residential Plan Review •Contractor Registration •Inspections •Sign Permits •Support Construction Advisory Boards Land Development •Developer Participation and Trust Fund Agreements •Geographic Information Systems •Historic Preservation •Platting •Public Improvement Plans •Support Airport Zoning Commission, Landmark Commission, Planning Commission, and Zoning Board of Adjustment •Street, Alley and Easement Closures •Variances/Appeals/Special Use Exceptions •Zoning Community Resiliency •Community Rating System •Flood Plain Evaluation •Beach Front Construction Certificates •Dune Protection Permits •Hazard Mitigation Public Information Program •Support Flood Hazard Mitigation Information Committee One Stop •Early Assistance Meetings •Liquor Licenses •Outside City Limits Water Contracts •Pipeline Licenses •Project Management •Preconstruction Meetings •Right-of-way Licenses •Streetscape Zone Agreements •Utility Taps •Vacant Building Demolition Review •Vendor Permits What We Do Strategic Action Plan Process 4 4.62 Acre Remainder •Review of Operations •Review of City Codes •Internal Audits Department Assessment •City Officials •Stakeholder Focus Groups •General Public Input •Review Mission and Update Strategic ActionsMission & Strategic Actions •Core Emphasis •Strategic Actions •Timeline Strategic Action Plan •Review and Update Performance IndicatorsIndicators 5 Stakeholder Focus Groups •American Institute of Architects, Corpus Christi •American Society of Civil Engineers, Corpus Christi Branch •Associated Builders and Contractors, Inc., Texas Coastal Bend Chapter •Coastal Bend Bays and Estuaries •Coastal Bend Homebuilders Association •Coastal Bend Restaurant Association •Consulting Engineers Council of Texas •Corpus Christi Black Chamber of Commerce •Designers •Downtown Management District •Flour Bluff Association •Gulf Coast Growth Ventures •North Beach Community Association •South Texas Associated General Contractors •U.S. Navy Air Station •United Corpus Christi Area Chamber of Commerce The Focus Groups were asked…. 6 4.62 Acre Remainder 1) Tell me about the positive or satisfactory experiences you have had with the Development Services Department. 2) Tell me about the disappointments you have had with the Development Services Department. 3) Based on your experience can you list three changes that would improve the operations of the department and explain why? 4) Based on your experience, can you list three policy changes that would improve development in Corpus Christi and explain why? 5) How can the Development Services Department improve communications with its community partners? 6) Is there anything else you would like to share about your experience with Development Services? Are there any other recommendations or suggestions you would like to make? Strategic Action Plan 7 4.62 Acre Remainder Customer Service Customer First Staff to implement pro-active, solution oriented attitude Implement Customer Services First Program by January 1, 2019 Technical Assistance Hold 40 early assistance meetings per month by October 1, 2019 Hold 10 pre-construction meetings per month by October 1, 2019 All relevant departments to attend these technical assistance meetings Strategic Action Plan 8 4.62 Acre Remainder Customer Service On-line Services On-line services by April 1, 2019: permitting and payment, plans submission, inspections scheduling, contractors search, customer alert system Performance Efficiencies And Indicators Outsource public improvement plan reviews to ensure timeliness of review as warranted Reduce plat review times to 45 days (minus engineer response time) Commercial building permit reviews processed within 14 days Residential building permit reviews processed within 2 days Reduce the number of new residential plan reviews that are revisions to 20% or less Reduce the number of commercial plan reviews that are revisions to 35% or less Strategic Action Plan 9 4.62 Acre Remainder Proficiency Staffing Evaluation of job descriptions to ensure position requires essential competencies and experience Complete cost of services study by June, 2019 to ensure fees support essential staff components Retain qualified staff by reviewing position descriptions regularly to ensure compensation is competitive Community Learning Opportunities Designer workshops Community outreach at City Hall at the Mall and other events Customized subject matter brochures and presentations Web site enhancements to ensure information is easily accessible Work with industry to create new training sessions Strategic Action Plan 10 4.62 Acre Remainder Proficiency Staff Training Staff certifications by International Code Council, American Institute of Certified Planners, and other relevant professional organizations In-house and other training opportunities for staff Internal administrative procedures developed for every facet of organization Unified Development Code Publish rule interpretations to augment uniform application and interpretation of codes UDC evaluation by July, 2019 Targeted amendments 2019 - 2020 Annual UDC review beginning 2021 Public release of EnCode software platform for user-friendly on-line publication of UDC Strategic Action Plan 11 4.62 Acre Remainder Innovation Permitting And Inspections Explore self-certification or third-party options for single-family residential construction Offer expedited residential plan review for single family construction based on previously approved models Continuous Improvement Process mapping of internal functions to assess areas for potential efficiencies and improvement Reduction in response times Streamline paperwork Establish backup procedure for scheduling inspections, etc., if INFOR is down Strategic Action Plan 12 4.62 Acre Remainder Innovation Geographic Information Systems Ensure most accurate and relevant data is incorporated into City’s mapping program and kept up to date Ensure As-Built plans are received by City for mapping prior to plat recordation or prior to release of financial security if improvements were deferred Integration of GIS applications in Infor system Infor Land development module implementation by 2020 Registration module implementation by 2020 Municipal Code Evaluate ability for administrative approval of development requirements to facilitate permit issuance including out of city limits water contracts and easement closures Strategic Action Plan 13 4.62 Acre Remainder Communication Stakeholders Identify stakeholder groups to provide messaging to broadcast initiatives Keep stakeholders informed through letters, press releases, and other forms of written and oral communication Notify stakeholders of proposed amendments to the UDC via stakeholders email listing Consider publication of information/notices in languages other than English Attend stakeholder meetings to discuss department programs Web Site Keep staff listing and organization chart up to date Post proposed code amendments in advance of public hearings Post Master Plans links on one page Provide customer feedback link Enhance fee calculator functions Strategic Action Plan 14 4.62 Acre Remainder Communication Forms Depot Continue to make forms available on web site in a centralized location Code Interpretations Publish code interpretations for consistency of application Revise/amend codes and cross-reference as necessary to address conflicting or redundant provisions between codes Strategic Action Plan 15 4.62 Acre Remainder Questions?