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Agenda Packet City Council - 01/14/2020
City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers11:30 AMTuesday, January 14, 2020 Addendums may be added on Friday. A.Mayor Joe McComb to call the meeting to order. B.Invocation to be given by Reverend Bruce Wilson, Chaplain Corpus Christi Metro Ministries. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Constance Sanchez, Chief Financial Officer. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.Proclamations / Commendations 1.20-0048 Proclamation declaring January 14, 2020, "Vision Zero Kickoff Day". Proclamation declaring January 20, 2020, "Martin Luther King Holiday Celebration and Commemorative March Day". Proclamation declaring January 2020, "Human Trafficking Awareness and Prevention Month". Presentation of Awards Ceremony for "Mayor's Battle of the Bulbs". F.Declarations 2.20-0049 Resolution declaring Corpus Christi as a Vision Zero community with a committment to save lives and decrease roadway and waterway accidents. Sponsors:Street Department G.PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. 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 Communication department at 361-826-3211 to coordinate. This is a public hearing for all items on this agenda. Page 1 City of Corpus Christi Printed on 1/13/2020 January 14, 2020City Council Meeting Agenda - Final-revised H.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.OTHER I.MINUTES: 3.20-0028 Regular Meetings of December 10, 2019 and December 17, 2019. J.BOARD & COMMITTEE APPOINTMENTS: 4.20-0038 Corpus Christi Regional Economic Development Corporation (1 vacancy) Ethics Commission (1 vacancy) Library Board (6 vacancies) Sister City Committee (3 vacancies) Watershore and Beach Advisory Committee (6 vacancies) K.EXPLANATION OF COUNCIL ACTION: L.CONSENT AGENDA: (ITEMS 5 - 41) 5.20-0047 One-Reading Ordinance amending Corpus Christi Code Section 39-324 to designate Martin Luther King, Jr. Day as an official City Holiday beginning January 20, 2020. Second Reading Ordinances - Consent 6.19-1687 Zoning Case No. 1019-06, Rogerio and Maria E. Lopez (District 3). Ordinance rezoning property at or near 3046 Holly Road from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. Planning Commission and Staff recommend approval. Sponsors:Development Services 7.19-1699 Ordinance amending Wastewater Collection System Master Plan for the Allison W.W.T.P Service Area for Calallen South located on the east frontage of US 77 just south of County Road 52; amending Comprehensive Plan; and providing publication (Council District 1). Sponsors:Planning & Environmental Services 8.19-1698 Ordinance amending Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA 30 for Airline Crossing Unit 3 located west of Airline Road off Lipes Boulevard; amending Comprehensive Plan; and providing publication (Outside City limits near Council District 5). Sponsors:Planning & Environmental Services 9.19-1712 Ordinance amending Ordinance No. 031927, which created Reinvestment Zone Number Four, City of Corpus Christi, Texas, to correct the Tax Page 2 City of Corpus Christi Printed on 1/13/2020 January 14, 2020City Council Meeting Agenda - Final-revised Increment Base for the Zone by replacing Exhibit D; and approving the amendments to the Tax Increment Reinvestment Zone #4 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Four, Corpus Christi, Texas, regarding additional ad valorem property values within the zone, and other matters relating thereto. Sponsors:Business Liaison 10.19-1648 Ordinance accepting a $282,848.09 grant from State of Texas, Criminal Justice Division for Victims of Crime Act Outreach Program with City match of $61,112.03 and in-kind match of $9,600 from Police General Fund; appropriating the $282,848.09 in Police Grants Fund; authorizing transfer of $61,112.03 from the Police General Fund to the Police Grants Fund and appropriating the same for total project cost of $353,560.12, and authorizing a staff complement of 3 FTEs. Sponsors:Police Department 11.19-1613 Ordinance authorizing the acceptance of two grants totaling $333,666.41 from the Office of the Texas Governor- Homeland Security Grant Division, Homeland Security Grant Program for hazmat team enhancement and SWAT equipment; and appropriating $333,666.41 in the Fire Grants Fund. Sponsors:Fire Department 12.19-1629 Ordinance appropriating $33,926.39 from the City of Corpus Christi-Nueces County Local Emergency Planning Committee (LEPC) Reserve Fund to supplement and expand community information programs and projects; and amending the FY2019-2020 operating budget adopted by Ordinance 031870 to increase expenditures by $33,926.39. Sponsors:Fire Department 13.19-1526 Ordinance accepting a grant from the Flint Hills Resources 2019 Helping Heroes Program in the amount of $3,000 to be used to support the Corpus Christi - Nueces County Local Emergency Planning Committee; and appropriating the funds into the LEPC Fund No. 6060. Sponsors:Fire Department 14.19-1620 Ordinance authorizing execution of all documents necessary to accept, amend and appropriate a grant contract for the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant in the amount of $48,345 with a City match of $9,669 to provide tuberculosis prevention and control services, and authorizing a staff complement of 1 FTE. Sponsors:Health Department 15.19-1644 Ordinance abandoning and vacating a 10-foot wide by approximately 703-feet in length (7,048.1 sq. ft.) existing utility easement out of Lot 2B and Lot 2C, Block 1, SWACO Tract, located at 1706 Saratoga Boulevard. (District 3) Sponsors:Development Services Page 3 City of Corpus Christi Printed on 1/13/2020 January 14, 2020City Council Meeting Agenda - Final-revised 16.19-1733 Ordinance to revise fees for Sunrise Beach camp sites effective February 1, 2020. Sponsors:Utilities Department Contract and Procurement - Consent 17.19-1602 Motion authorizing a two-year service agreement, with one additional one-year option with Unique Employment, LTD. of Corpus Christi, Texas in an amount not to exceed $500,000.00 for the initial term and a total potential contract value not to exceed $750,000.00, for temporary staffing services to be used by various departments with prior approval from Human Resources on an as needed basis, effective upon issuance of a letter of acceptance, with FY 2020 funding available from various funds departmental funds. Sponsors:Human Resources and Contracts and Procurement 18.19-1560 Motion authorizing a lease-purchase of four 2019 Freightliner 114SD combination sewer vacuum trucks, as additions to the fleet for the Water Utilities Department that will be used to clean wastewater lines throughout the City, to be purchased from Houston Freightliner, Inc. of Houston, Texas, in an amount not to exceed $1,680,334.20, effective upon issuance of letter of acceptance, with FY 2020 funding in an estimated amount of $224,044.56 available through the Wastewater Fund. Sponsors:Utilities Department and Contracts and Procurement 19.19-1566 Motion authorizing a lease-purchase of four 2019 Ford E-450 Cutaway Closed Circuit Television (CCTV) vans, as additions to the fleet for the Utilities Department to inspect various wastewater lines throughout the City, to be purchased from Silsbee Ford of Silsbee, Texas, in an amount not to exceed $1,043,654.93 effective upon issuance of letter of acceptance, with FY 2020 funding in an estimated amount of $139,153.99 available through the Wastewater Fund. Sponsors:Utilities Department and Contracts and Procurement 20.19-1158 Resolution authorizing a three-year service agreement with Doggett Heavy Machinery Services, LLC for an amount not to exceed $238,200.00 for off-site repairs at vendor’s facility of John Deere construction equipment for Asset Management, effective upon notice to proceed, with FY 2020 funding in an estimated amount of $66,166.67 available through the Fleet Maintenance Service Fund. Sponsors:Asset Management Department and Contracts and Procurement 21.19-1665 Motion authorizing a two-year supply agreement with Polydyne, Inc., of Riceboro, Georgia, in an amount not to exceed $1,600,800.00 for liquid cationic polymer to be used as a coagulant at the O.N. Stevens Water Treatment Plant for the treatment process of potable water, effective upon Page 4 City of Corpus Christi Printed on 1/13/2020 January 14, 2020City Council Meeting Agenda - Final-revised issuance of notice to proceed, with FY 2020 funding in an estimated amount of $600,300.00 available through the Water Fund. Sponsors:Utilities Department and Contracts and Procurement 22.19-1384 Motion authorizing a three-year supply agreement with Arguindegui Oil Co. II, Ltd., of Laredo, Texas, in an amount not to exceed $112,858.20 for the supply and delivery of full synthetic 0W20 motor oil to the Corpus Christi International Airport’s Quick Turn-Around Facility as a pass-through expense at market cost to rental car tenants, effective upon issuance of notice to proceed, with funding in FY 2020 in the amount of $31,349.50 available through the Airport CFC Fund. Sponsors:Aviation Department and Contracts and Procurement 23.19-1611 Motion authorizing a two-year service agreement with three one-year options for a total amount not to exceed $ 370,000.00 for the initial term and a total potential value not to exceed $925,000.00, with Gourley Contractors, LLC of Corpus Christi, Texas for Electrical Services to City occupied facilities for maintenance repairs and new installations for Asset Management, with FY 2020 funding in an estimated amount of $138,750.00 available through the Facility and Property Management Fund. Sponsors:Asset Management Department and Contracts and Procurement 24.19-1472 Motion authorizing two, three-year service agreements for a combined total amount not to exceed $630,000.00, with Turn Key Transmission & Auto Service of Corpus Christi, Texas, in an amount not to exceed $378,000.00 as the primary provider and Rittgers’ Services, Inc. dba Greatstate Transmission of Corpus Christi, Texas, in an amount not to exceed $252,000.00 as the secondary provider, for off-site transmission repairs for vehicles up to 14,000 lbs. Gross Vehicle Weight Rating, with FY 2020 funding in an amount of $157,500.00 available through the Fleet Maintenance Service Fund. Sponsors:Asset Management Department and Contracts and Procurement 25.19-1546 Motion authorizing a three-year service agreement with Moreno’s Auto Glass Inc., dba Mo Glass of Corpus Christi, TX, for a total amount not to exceed $256,500.00 for windshield repair and replacement for Fleet vehicles, effective upon issuance of a notice to proceed, with FY 2020 funding in the amount of $71,250.00 available through the Fleet Maint Svc Fund. Sponsors:Asset Management Department and Contracts and Procurement 26.19-1628 Motion authorizing a two-year service agreement with three one-year options for a total amount not to exceed $240,000.00 for the initial term and a total potential value not to exceed $600,000.00, with Allison Flooring America of Corpus Christi for Flooring Services to City occupied facilities for Asset Management, with FY 2020 funding in an estimated amount of Page 5 City of Corpus Christi Printed on 1/13/2020 January 14, 2020City Council Meeting Agenda - Final-revised $90,000.00 available through Facility and Property Management Fund. Sponsors:Asset Management Department and Contracts and Procurement 27.19-1521 Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC. of Corpus Christi, Texas, in an amount not to exceed $91,657.51 for the purchase of spray marking paint for the City Warehouse as a central distribution for City departments, effective upon issuance of notice to proceed, with funding in the amount of $21,641.35 available in the FY 2020 Stores Fund. Sponsors:Contracts and Procurement 28.19-1664 Motion authorizing a three-year supply agreement with International Corrosion Control, Inc., of Lewiston, New York for a total amount not to exceed $171,492.00 for the purchase of magnesium anodes for the City Warehouse as a central distribution for the Gas Department to provide cathodic protection for corrosion control of underground gas pipelines, effective upon issuance of a notice to proceed, with FY 2020 funding in the amount of $57,164.00 available through the Stores Fund. Sponsors:Contracts and Procurement 29.19-1616 Motion authorizing a five-year service agreement with Lytx, Inc. of San Diego, California in an amount not to exceed $267,962.90 for the purchase of the DriveCam Program including event recorders, subscription, hardware, installation, set up, and training services for Solid Waste Services and Risk Management, a division of the Legal Department, to be utilized by Solid Waste Services and various other departments in fleet vehicles, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $59,049.80 available through the General Fund and the General Liability Fund. Sponsors:Solid Waste Operations, Legal Department and Contracts and Procurement 30.19-1636 Resolution authorizing a five-year service agreement with Selectron Technologies, Inc. of Portland, Oregon in an amount not to exceed $138,300.00 for the purchase of PremierPro support and maintenance services for the Interactive Voice Response (IVR) phone system for the Communications Department, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $26,050.00 available through the Information Technology Fund. Sponsors:Communications & Intergovernmental Affairs, Information Technology Services and Contracts and Procurement Capital Projects - Consent 31.19-1511 Motion awarding a Master Service Agreement (MSA) for Subsurface Utility Engineering (SUE) Services for locating underground lines associated with Bond Street projects to Cobb, Fendley & Associates, Inc. for an initial Page 6 City of Corpus Christi Printed on 1/13/2020 January 14, 2020City Council Meeting Agenda - Final-revised amount up to $350,000 and one renewal option to be administratively authorized for a total not to exceed $700,000, with projects located citywide, effective upon notice to proceed, and funding available through the FY 2020 Utility Capital Program. Sponsors:Utilities Department and Engineering Services 32.20-0007 Motion awarding a Master Service Agreement (MSA) to HDR Engineering, Inc. for a Comprehensive Feasibility Study to identify future Seawall projects in an amount not to exceed $250,000, effective upon notice to proceed, with funding approved and available from Type A funds. Sponsors:Engineering Services and Contracts and Procurement 33.19-1802 Motion awarding a Master Service Agreement (MSA) to Hanson Professional Services for the initial amount not to exceed $150,000 each with two optional renewals and a MSA to LNV Inc for an initial amount not to exceed $150,000 each with two optional renewals to provide professional services for roofing upgrades/replacement and building envelope improvements for Public Safety, Fire, and Public Health Departments, effective upon notice to proceed with current funding available from Bond 2018 Propositions E and F. Sponsors:Asset Management Department and Engineering Services 34.19-1807 Motion authorizing execution of Change Order No. 5 for traffic signal improvements at Brooke Road and additional temporary pavement improvements on the Rodd Field Road Expansion project with Haas-Anderson Construction in the amount of $388,506.74 for a total restated fee of $15,713,945.16, located in Council District 5, effective upon notice to proceed, with funding available from Bond 2014, Proposition 2. Sponsors:Street Department and Engineering Services 35.19-1800 Motion awarding a contract to Freese & Nichols, Inc., for design of roadway and utility improvements on Brawner Parkway from Kostoryz Road to Carroll Lane in the amount of $462,530, located in Council District 2, effective upon notice to proceed, funding is approved and available in Bond 2018 Street Proposition A and FY 2020 Utility Capital Program funds. Sponsors:Street Department and Engineering Services 36.20-0008 Motion awarding a construction contract to Haas-Anderson Construction, Ltd., for Park Road 22 Bridge construction in the amount of $13,943,536.00, the project is located in City Council District 4 and the contract will be effective upon issuance of notice to proceed, this project is included in the TIRZ#2 Project Plan and funding is available from: Street Bonds 2004 and 2008, Tax Notes 2008; TIRZ#2 and FY 2020 Utility CIP. Page 7 City of Corpus Christi Printed on 1/13/2020 January 14, 2020City Council Meeting Agenda - Final-revised Sponsors:Street Department and Engineering Services General Consent Items 37.19-1787 Resolution approving the amended guidelines for the American Bank Center Arena Marketing/Co-Promotion Fund granting the City Manager approval authority for the annual amount of $650,000 as approved by the Corpus Christi Business and Job Development Corporation (Type A). Sponsors:Parks and Recreation Department and American Bank Center 38.20-0024 Motion authorizing Amendment No. 1 to the Agreement between the Corpus Christi Business and Job Development Corporation (Type A Board) and the City of Corpus Christi for a total amount of $125,000 for economic development services provided to the Type A Board by the Corpus Christi Regional Economic Development Corporation (CCREDC) and renewing annually with funding available through the FY 2020 Type A Economic Development Funds. Sponsors:Business Liaison 39.20-0043 Motion authorizing a one-year service agreement for an amount not to exceed $281,137, with an additional one-year option for a total potential value of $562,274, with Raftelis Financial Consultants, Inc. of Austin, Texas, for support with the final stages of development and implementation of a Stormwater fee, effective upon issuance of a notice to proceed, with FY 2020 funding of $281,137 available through the Stormwater Fund. Sponsors:Utilities Department and Contracts and Procurement 40.20-0006 Motion authorizing a Master Service Agreement for Planning Services with Asakura Robinson Company LLC , in an amount not to exceed $150,000 for the Interstate 37 Corridor Plan and $100,000 for the Farm-to-Market 624 (Northwest Boulevard) Corridor Plan, for a total amount not to exceed $250,000, effective upon notice to proceed, with funding available in the FY 2020 General Fund. Sponsors:Planning & Environmental Services and Engineering Services 41.20-0018 Resolution supporting the development and implementation of a comprehensive industrial master plan for San Patricio County, Texas. Sponsors:Planning & Environmental Services M.RECESS FOR LUNCH N.PUBLIC HEARINGS: (ITEMS 42 - 45) 42.19-1760 Zoning Case No. 1019-07, AGCE Corp. (District 1). Ordinance rezoning property at or near 3001 Morgan Avenue from the “IL/H” Light Industrial District with the Historic Overlay to the “IL” Light Industrial District. Landmark Commission, Planning Commission, and Staff recommend Page 8 City of Corpus Christi Printed on 1/13/2020 January 14, 2020City Council Meeting Agenda - Final-revised Denial. (3/4 vote required to overrule the Planning Commission’s recommendation) Sponsors:Development Services 43.19-1763 Zoning Case No. 1119-04, Virgil and Carolyn Greene (District 4). Ordinance rezoning property at or near 3846 and 3850 Herring Drive from the “R-MH” Manufactured Home District to the “RS-6” Single-Family 6 District. Planning Commission and Staff recommend Approval. Sponsors:Development Services 44.19-1764 Zoning Case No. 1119-05, Corpus Christi Housing Authority (District 1). Ordinance rezoning property at or near 2427 Francis Street from the “RS-6” Single-Family 6 District to the “RS-TF” Two Family District. Planning Commission and Staff recommend Approval. Sponsors:Development Services 45.20-0014 Ordinance adopting the East London Area Wastewater Master Plan, an element of the Comprehensive Plan, to provide wastewater service to land located between the Oso Creek and SH 286 and between FM 43 and FM 2444; amending related elements of the Comprehensive Plan; and providing for publication. (Recently annexed; Contiguous to Council District 5) Sponsors:Planning & Environmental Services O.REGULAR AGENDA: (ITEM 46) 46.20-0120 Discussion and possible action regarding a preliminary application to rename William Street to Lomax Street. Sponsors:City Secretary's Office P.FIRST READING ORDINANCES: (ITEMS 47 - 50) 47.20-0063 Ordinance amending Chapter 53 of the City Code to amend section 53-187 allowing the City Manager, Chief of Police or their designee(s) to issue parking placards to exempt executive city officials from paying parking fees for city owned, paid parking spaces while conducting official city business. Sponsors:City Manager's Office 48.20-0004 Ordinance accepting a $50,000 grant from the Ed Rachal Foundation to fund overtime for increased police presence in a neighborhood near Crosstown Expressway and Agnes Street in Council District 1; and appropriating $50,000 in the Police Grants Fund. Sponsors:Police Department 49.19-1519 Ordinance approving a service agreement for repairs to the Airport storage building with Vertex Roofing, LLC of Corpus Christi, Texas, for an amount not to exceed $84,652.00; appropriating $45,016.99 from the Page 9 City of Corpus Christi Printed on 1/13/2020 January 14, 2020City Council Meeting Agenda - Final-revised Unreserved Fund Balance in the Airport Fund; and amending the operating budget. Sponsors:Asset Management Department, Aviation Department and Contracts and Procurement 50.19-1808 Ordinance approving an affordable housing agreement with FishPond Living at Corpus Christi, LP located at 1002 Sixth Street in an amount not to exceed $500,000.00 to provide affordable housing to residents of the existing Sea Gulf Villa in downtown Corpus Christi with a development deadline of two-years following the effective date of the agreement (approximately December 2021); appropriating $500,000.00 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. Sponsors:Business Liaison Q.BRIEFINGS: (ITEM 51) 51.20-0023 This is the 2020 First Quarter Update to City Council on the Harbor Bridge Replacement Project. Sponsors:Street Department R.EXECUTIVE SESSION: (ITEM 52) 52.20-0060 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 computer security matters and pursuant to Texas Government Code §§ 551.076 and 551.089 to discuss a security audit, security assessments or deployments relating to information resources technology, network security information, and the deployment, or specific occasions for implementation, of security personnel, critical infrastructure, or security devices. S.IDENTIFY COUNCIL FUTURE AGENDA ITEMS T.ADJOURNMENT Page 10 City of Corpus Christi Printed on 1/13/2020 DATE: December 31, 2019 TO: Peter Zanoni, City Manager THRU: Mark Van Vleck, Assistant City Manager markvv@cctexas.com (361) 826-3082 FROM: Albert Quintanilla, P. E., Director of Street Operations albertq@cctexas.com (361) 826-1957 CAPTION: Resolution declaring Corpus Christi as a Vision Zero community with a commitment to save lives and decrease roadway and waterway accidents. SUMMARY: Vision Zero is a strategy to eliminate all traffic fatalities and severe injuries through the ethical belief that everyone has the right to move safely in their communities and that system designers and policy makers share the responsibility to ensure safe systems for travel. BACKGROUND AND FINDINGS: The City recognizes that if crash trends continue for the foreseeable future, they would put into jeopardy the future growth of the residential population and employment base and hinder our reputation as a desirable city for future generations. The guiding principles of Vision Zero include: Safety, Community Outreach, Data Driven Actions, and Accountability. These principles will guide the actions and performance measures of the Vision Zero Action plan. By working together throughout the community, we will take equitable and data driven actions to eliminate deaths and serious injuries for all who share Corpus Christi streets and waterways by 2040. Vision Zero Resolution AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2020 ALTERNATIVES: Do not declare Corpus Christi as a Vision Zero community. FINANCIAL IMPACT: At this time, there is no financial impact. RECOMMENDATION: Staff recommends approval of this item, declaring Corpus Christi as a Vision Zero community. LIST OF SUPPORTING DOCUMENTS: Presentation Resolution Resolution declaring Corpus Christi as a Vision Zero community and commit to save lives and decrease roadway and waterway accidents. WHEREAS, Vision Zero is a strategy to eliminate all traffic fatalities and severe injuries, starting with the ethical belief that everyone has the right to move safely in their communities, and that system designers and policy makers share the responsibility to ensure safe systems for travel; and WHEREAS, the City recognizes that if crash trends continue for the foreseeable future, they would put into jeopardy the future growth of the residential population and employment base, and our reputation as a desirable city for future generations. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to commit to decreasing crash statistics by declaring the City of Corpus Christi to be a Vision Zero community, which is a safe systems approach while increasing safe, healthy, equitable mobility for citizens, commuters, and tourists who live, work and play in the City of Corpus Christi. PASSED AND APPROVED this _____ day of __________________, 2020: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, December 10, 2019 Addendums may be added on Friday. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:32 a.m. Invocation to be given by Pastor Rob Bailey, Southside Community Church.B. Pastor Rob Bailey gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Alan Carlos, Assistant Director of Information Technology. C. Mr. Alan Carlos led the Pledge of Allegiance to the flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. 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: City Manager Peter Zanoni, City Attorney Miles K. Risley, and City Secretary Rebecca L. Huerta. Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Proclamations / Commendations: (NONE)E. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G. Mayor McComb deviated from the agenda and referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: OTHERa. 1) The City recently received a water fluoridation quality award from the U.S. Centers for Disease Control and Prevention. 2) The City is in the process of conducting a risk assessment and developing emergency response plans, by Page 1City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes March 2020, in compliance with America's Water Infrastructure Act. 3) The City is in the process of updating the Westside Area Development Plan and will conduct an open house on Thursday, December 12, 2019 at Martin Middle School from 5:30 p.m. - 8:00 p.m. This will be the first update since the plan was developed in 1989. 4) The Police and Fire Departments are recruiting uniformed positions for their upcoming academies. In addition to other recruiting events for both Police and Fire, the Fire Department will host a recruitment event at Brooks AME Church's Workshop Center on Port Avenue on Thursday, December 12, 2019 at 6:00 p.m. BRIEFINGS: (ITEM 38)R. 38.Corpus Christi Seawater Desalination Siting and Permiting Project Quarterly Update Mayor McComb deviated from the agenda and referred to Item 38. Executive Director of Water Utilities Dan Grimsbo presented information on the following topics: seawater desalination update objectives; siting and permitting project overview; tasks and schedule; ongoing effort; outreach / key meetings to date; next steps; and summary. Council members, Executive Director Grimsbo, Water Resource Manager Steve Ramos and City Manager Peter Zanoni discussed the following topics: what is the demand for water as a percentage of capacity that triggers the City moving to a new water source; why the loan application, related to desalination, is being pursued and the associated timeline; current and anticipated demand for water as a percentage of million-gallons-per-day water production capacity; options other than desalination; that Council approved pursuing the permitting, siting and loan application related to a desalination plant; potential restrictions on other entities obtaining a desalination-related permit if the City obtains such a permit; the need for a public-private partnership that will allow for private industry to pay for a desalination plant versus the City's rate payers, progress to date and actively pursuing this option; not being at the point in the desalination process to make a decision regarding a public-private partnership; taking into consideration the potential impact to the City's financial capacity of a consent decree with the U.S. Environmental Protection Agency related to wastewater. PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. 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 Communication department at 361-826-3211 to coordinate. This is a public hearing for all items on this agenda. F. Mayor McComb referred to comments from the public. City Attorney Miles K. Risley read the Rules of Decorum for the Council Chambers. City Secretary Rebecca L. Huerta conducted the public comment period. Page 2City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes The following individuals spoke in opposition to utilizing the Lamar Elementary building as a homeless shelter: Edward and Dolores Marines, 2323 Mary St.; Jose Martinez, 2307 Mary St.; Joel Mumford, 6212 Hidden Cove; Robert G. Hernandez, 4114 Rehfeld Dr.; Rolando Garza, Saxet Heights; Priscilla Rivera, 2504 Marguerite St.; Gilbert Pena, Jr.; 2206 Mary St.; and Arnold Tapia; 2303 Mary St. Errol Summerlin, Portland, Texas, on behalf of the Coastal Alliance to Protect our Environment, spoke regarding multiple proposed desalination plants; the large amount of brine to be discharged into the bay; the negative impact to public health and quality of life that selling water to industry will have on the area; the negative impact of large-scale industrialization planned; and in favor of economic development on North Beach. Flo East, 1605 Yorktown Blvd., extended an invitation to council members to the Nueces County Junior Livestock Show. Shirley Thornton, 1917 Woodcrest Dr., President of the Flour Bluff Citizens' Council, invited council members, the city manager and staff to attend their next meeting on January 13, 2020 at 6:00 p.m. at Grace Community Church in Flour Bluff and discussed the cost and funding sources for a canal on North Beach, if the canal will accomplish its stated goals and if public information meetings will be held regarding the canal. Guy Watts, 4237 Ocean Dr., spoke regarding development at the intersection of Rodd Field Rd. and Yorktown Blvd. and the importance of extending Rodd Field Rd., across Oso Creek, via a bridge. Constance C., 5910 Fenway Dr., spoke in support of Animal Care Services, related signage on Holly Rd., and to allow dogs seized in drug raids to be adopted. The following individuals spoke in support of a canal on North Beach: Juan Cantu, 3302 Surfside Blvd.; Dennis Patel, 710 Buffalo St., Steve Moody, Sarah Dr., Jose Mendez, 5817 Crestford Dr.; Juan Olivares, 3839 Surfside Blvd.; Ron Graven, 202 Surfside Blvd.; Moses Estrada, 4805 FM 1889; Debra Pope, 4242 Gulfbreeze Blvd.; Kim Novak, 2901 W. Surfside Blvd., President of the North Beach Community Association; Dolores Vela, 4418 Loveland Pass Court; Lel Arandela, 9425 Cobblestone Ln.; Jeff Blackard, 401 Adriatic Pkwy., McKinney, Texas; Jean Marie Giegerich, 1009 Furman Ave., Hank Harrison, 901 Driftwood; Chad Magill, 641 Texas Ave.; Barbara Welder, 202 Reef Ave.; Pamela Oualline, 3938 Surfside Blvd.; Day Manley, 6705 Pharaoh Dr.; Guy Chipman, 3938 Surfside Blvd.; James Magill, 451 Southern Dr.; Carolyn Vaughn, Nueces County Commissioner; Steve Gomez, 6630 Clarion Dr.; Andy Taubman, 5601 South Padre Island Dr. Greg Hood, 4942 Valley Stream Dr. spoke in support of the Corpus Christi Cross. Rick Milby, 4412 High Ridge Dr., spoke in support of the Corpus Christi Cross and economic development in Corpus Christi and on North Beach. Jonathan Gonzalez, 13753 Cayo Gorda Court, spoke in support of a canal on North Beach and the Corpus Christi Cross. Ruben Saenz, 807 W. Avenue J, Robstown, Texas, spoke regarding a past lawsuit between the City of Corpus Christi and the Water District in Robstown regarding water rights, the water filtration plant that the City of Corpus Christi has for sale, the cost of water produced by means of desalination, and the City of Corpus Christi purchasing water from the Dimmit Utility Water Supply Corporation. Melissa Zamora, 3917 Brawner Pkwy., spoke regarding holding council meetings after 5:30 p.m., in opposition to permitting the proposed seawater desalination plant, the percent of water Page 3City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes used by residents of Corpus Christi versus industry, the large volume of brine to be discharged, from desalination, by the Port of Corpus Christi and others into the bay, and the existing salinity of the bay. Eduardo Canales, 7821 Bevington Dr., spoke in opposition to brine being discharged into the bay from desalination plants. Susie Luna Saldana, 4710 Hakel, questioned who will pay for the proposed canal on North Beach and in opposition to a homeless shelter in the Lamar Elementary building. Lindsay Gee, 2409 Shaftsbury Dr., spoke in opposition to high-density development and the demands on infrastructure in the London area. Brian Watson, 5813 Hugo Dr., spoke regarding concerns using taxpayer monies to build a canal on North Beach. Ray Madrigal de Pancho Villa, 4253 Dody St., spoke in support of using the Lamar Elementary building for a homeless shelter and a canal on North Beach, and questioned the status of the proposed Barisi Village project in the Pharaoh Valley subdivision. Taylor Oldroid, 4825 Everhart Rd., with the Corpus Christi Association of Realtors, spoke regarding the Texas Windstorm Insurance Association's proposed rate increase and in support of a canal on North Beach. Marsha Williams, 6006 Strasbourg Dr., a member of the City's Planning Commission, spoke regarding selling wastewater effluent to industry, fiscal transparency, and what costs are unknown related to infrastructure in newly annexed areas versus a canal on North Beach. T. Iovale, 2273 Shaftsbury Dr.; Gary Abbott, 2401 Shaftsbury Dr., spoke in opposition to Item 8 regarding annexation and rezoning in the London area. Carrie Robertson Meyer, 4401 Gulfbreeze Blvd. spoke regarding elevation of and drainage on North Beach. BOARD & COMMITTEE APPOINTMENTS:I. 2.Corpus Christi Regional Economic Development Corporation (1 Vacancy) Electrical Advisory Board (5 vacancies) Landmark Commission (2 vacancies) North Padre Island Development Corporation (5 vacancies) Port of Corpus Christi Authority of Nueces County (1 vacancy) Reinvestment Zone No. 4 (1 vacancy) Mayor McComb deviated from the agenda and referred to Item 2. Port of Corpus Christi Authority of Nueces County, Texas Council Member Barrera made a motion to reappoint David Engel (City), seconded by Council Member Hunter and passed unanimously. Corpus Christ Regional Economic Development Corporation City Secretary Rebecca L. Huerta stated she had received input form several council members to have a more diverse and inclusive list of applicants. To accomplish this, City Secretary Huerta suggested postponing this appointment to the first meeting in January 2020. There were no objections from the Council. Page 4City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes Electrical Advisory Board Council Member Barrera made a motion to reappoint John McMullen (Registered Professional Engineer) and Paul S. Cervantes (Master Electrician), seconded by Council Member Roy and passed unanimously. Landmark Commission Council Member Smith made a motion to appoint Myron Grossman (Real Estate), seconded by Council Member Roy and passed unanimously. Council Member Molina made a motion to appoint Madeleine Fontenot (Regular Member), seconded by Council Member Smith and passed unanimously. North Padre Island Development Corporation Council Member Garza made a motion to reappoint Rudy Garza, Michael Hunter, Ben Molina, Everett Roy and Greg Smith, seconded by Council Member Hernandez and passed unanimously. Reinvestment Zone No. 4 Board Council Member Guajardo made a motion to appoint Carrie R. Meyer (Community Member), seconded by Council Member Hernandez and passed unanimously. EXECUTIVE SESSION: (ITEM 41)T. Mayor McComb deviated from the agenda and referred to Executive Session Item 41. The Council went into executive session at 2:28 p.m. The Council returned from executive session at 5:13 p.m. 41.Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to a proposed ordinance authorizing a navigable canal on North Beach, a proposed term sheet related thereto, state and federal laws and regulations related to land development and structures on North Beach and permit requirements related thereto, existing/potential incentive agreement(s) for development(s) on North Beach with Blackard Global, Inc. or affiliates thereof and/or Tax Increment Reinvestment Zone #4, drainage matters related thereto, hotel occupancy funding restrictions related thereto, municipal funding restrictions related thereto, and pursuant to Texas Government Code § 551.072 to discuss and deliberate the potential purchase, exchange, lease, and/or value of real property interests on North Beach owned or controlled by the City or other third parties when deliberation in open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, and pursuant to Texas Government Code § 551.087 to discuss confidential commercial or financial information pertaining to the aforesaid business Page 5City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City in North Beach and with which the City may conduct economic development negotiations and/or deliberate possible economic development issues concerning said business prospect(s). This E-Session Item was discussed in executive session. RECESS FOR LUNCHN. The recess for lunch was held during Executive Session Item 41. MINUTES:H. 1.Regular Meeting of November 19, 2019 and Joint Workshop Session of December 3, 2019. Mayor McComb referred to Item 1. A motion was made by Council Member Garza, seconded by Council Member Guajardo, that the Minutes be passed. The motion carried by a unanimous vote. EXPLANATION OF COUNCIL ACTION:J. CONSENT AGENDA: (ITEMS 3 - 24)K. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 6 and 23 be pulled for individual consideration. Mayor McComb announced that, because two council members would abstain on Item 8, it was being pulled for individual consideration. There were no comments from the public. A motion was made by Council Member Garza, seconded by Council Member Guajardo, to approve the Consent Agenda. The motion carried by the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 3.One-reading ordinance approving a seawall improvement project for the demolition of K-Pier at the Corpus Christi Municipal Marina in an amount up to $175,000.00; appropriating $175,000 from the Seawall Improvement Fund; transferring funds in the amount of $175,000.00 from the Seawall Improvement Fund to the Capital Improvement Program Fund; amending the operating and capital budgets; and declaring an Page 6City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes emergency. This Ordinance was passed on emergency on the consent agenda. Enactment No: 031940 4.Ordinance authorizing a 20-year Lease Agreement with Art Community Center of Corpus Christi, Inc. a Texas nonprofit corporation, for continued use and operation of the Art Community Center at no charge, located at 100 N. Shoreline Blvd. for use by local and visiting artists, to provide meeting rooms, art exhibits, an information center, a gift shop, a restaurant, display areas for the arts, and art classes. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031941 5.Ordinance approving amendment to the Tax Increment Reinvestment Zone #2 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Two, Corpus Christi, Texas, regarding approval of additional funds up to $2,884,815.66 for the Park Road 22 Bridge Project. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031942 7.Ordinance annexing into the territorial limits of the City of Corpus Christi approximately 281 acres of land located in the area west of the Oso Creek and southeast of Farm-to-Market 43 and County Road 43. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031944 9.Zoning Case No. 0819-02, Fish Pond Development, LLC. (District 1). Ordinance rezoning property at or near 1000 Sixth Street from the “RM-3” Multifamily 3 District and “ON” Neighborhood Office District to the “RM-3/PUD” Multifamily 3 District with a Planned Unit Development. Planning Commission and Staff recommend approval. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031946 10.Zoning Case No. 0819-03, SuperElite, LLC. (District 4). Ordinance amending the development guidelines of a Planned Unit Development (PUD) at or near 14836 Granada Drive currently zoned “RM-AT/IO/PUD” Multifamily AT District with the Island Overlay and a Planned Unit Development. Planning Commission and Staff recommend approval. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031947 Page 7City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes 11.Zoning Case No. 0819-01, MPM Development, LP. (District 5). Ordinance rezoning property at or near 6810 Bison Drive from the "RS-4.5” Single-Family 4.5 District to the “RS-4.5/PUD” Single-Family 4.5 District with a Planned Unit Development. Planning Commission and Staff recommend approval. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031948 12.Ordinance providing for prior and current service annuities under the act governing the Texas Municipal Retirement System for retirees and beneficiaries of deceased retirees of the City of Corpus Christi; and establishing an effective date for the ordinance. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031949 13.Ordinance consenting to and ratifying an assignment of the On-Airport Rental Car Concession and Lease Agreement (“Agreement”) from Coastal Bend Rent-A-Car, Inc. (dba Avis Rent A Car), and South Texas Auto Rental Services, LLC (dba Budget Rent A Car), to Avis Budget Car Rental, LLC. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031950 14.Motion authorizing a five-year supply agreement with Miller Veterinary Supply Co., Inc. of Fort Worth, Texas, in an amount not to exceed $584,511.00 for animal food and supplies, effective upon issuance of notice to proceed, with funding in the amount of $87,676.65 available through the FY 2020 Animal Control Services’ budget in the General Fund. This Motion was passed on the consent agenda. Enactment No: M2019-196 15.Motion authorizing a five-year service agreement with ESO Solutions, Inc., of Austin, Texas, in an amount not to exceed $104,920.00, for a records management system for the Fire Department, effective upon issuance of a notice to proceed, with first-year funding in the amount of $20,984.00 available in the FY 2020 Fire Department General Fund. This Motion was passed on the consent agenda. Enactment No: M2019-197 16.Motion authorizing a five-year license agreement with Everbridge, Inc., of Page 8City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes Pasadena, California, in an amount not to exceed $395,232.00 , for the Reverse Alert mass notification system for the Emergency Operations Center (EOC), effective upon issuance of a notice to proceed, with first-year funding in the amount of $81,632.00 available in the FY2020 Local Emergency Planning Committee (LEPC) fund . This Motion was passed on the consent agenda. Enactment No: M2019-198 17.Resolution authorizing a five-year supply agreement with Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas in an amount not to exceed $937,500.00 for the purchase of John Deere construction equipment parts for Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $156,250.00 available through the Fleet Maintenance Service Fund. This Resolution was passed on the consent agenda. Enactment No: 031951 18.Motion awarding a contract to Associated Construction Partners, Ltd. of Boerne, Texas in the amount of $3,118,590 to upgrade the headworks and odor control systems for the Greenwood Wastewater Treatment Plant Headworks and Grit Removal Rehabilitation Project located in Council District 3, effective upon notice to proceed with funding available through FY 2020 Wastewater Capital Reserves Fund. This Motion was passed on the consent agenda. Enactment No: M2019-199 19.Motion authorizing a three-year license agreement with Routeware, Inc., of Portland, Oregon for the amount not to exceed $673,968.62 for the purchase and support of routing software for the Solid Waste Operations, effective upon issuance of a notice to proceed, with FY 2020 funding in the amount of $315,948.00 available through the General Fund. This Motion was passed on the consent agenda. Enactment No: M2019-200 20.Motion authorizing a purchase of two John Deere 17G mini excavators from Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas, for a total amount of $79,236.00, as additions to the fleet, to be used daily by Gas Operations to dig trenches for the installation or repair of gas lines, effective upon issuance of letter of acceptance with funding available through the FY 2020 Gas Operations Fund. This Motion was passed on the consent agenda. Enactment No: M2019-201 Page 9City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes 21.Motion authorizing a purchase of one 2019 624L John Deere wheel loader from Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas in an amount not to exceed $205,144.00, to be used by Street Operations as an addition to the fleet, effective upon issuance of letter of acceptance, with funding available in the Streets Fund. This Motion was passed on the consent agenda. Enactment No: M2019-202 22.Resolution of the City Council of the City of Corpus Christi, Texas in support of the proposed 4% Housing Tax Credit affordable housing project known as FishPond at Corpus Christi at 1006 6th Street, Corpus Christi, Texas to be developed by FishPond Living at Corpus Christi, LP. This Resolution was passed on the consent agenda. Enactment No: 031952 24.Motion approving Amendment No. 2 to a Contract with J. Schwarz & Associates, Inc. to provide engineering design and development of Delivery Orders for Fiscal Year 2020 Citywide Street Preventative Maintenance Program (SPMP) in the amount of $423,250 for a restated fee not to exceed $1,297,500, work will be city-wide and begin upon issuance of notice to proceed with funding available in the Street Operation Budget. This Motion was passed on the consent agenda. Enactment No: M2019-203 6.Ordinance appropriating additional funds in the amount of $2,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 for construction of the Park Road 22 Bridge; transferring funds in the amount of $6,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 to the Capital Improvement Program Fund for the project; and amending the operating and capital budgets. Mayor McComb referred to Item 6. City Secretary Rebecca L. Huerta requested that Item 6 be tabled because the City's bond counsel has recommended that Item 6 be considered after the meeting of the North Padre Island Development Corporation. Council Member Smith made a motion to table Item 6, seconded by Council Member Molina and passed unanimously. Enactment No: 031943 8.Ordinance annexing approximately 446.4 acres of land into the territorial limits of the City of Corpus Christi; and rezoning said annexed property at Page 10City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes or near 1442 Farm-to-Market (FM) 43 from “FR” Farm Rural District to the “RS-4.5” Single-Family 4.5 District (Tract 1) and “CN-1” Neighborhood Commercial District (Tract 2) per Zoning Case No. 1019-08. Staff recommends approval. Planning Commission recommends denial of the zoning; therefore, a 3/4 vote is required on zoning. Mayor McComb referred to Item 8. There were no comments from the Council or the public. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith 7 - Abstained:Council Member Garza and Council Member Roy2 - Enactment No: 031945 23.Resolution relating to City of Corpus Christi’s intention to reimburse itself from future issuances of Utility System Revenue bonds in an amount not to exceed $110,000,000 for Utility System expenditures budgeted in the Fiscal Year 2019-2020 Capital Improvement Plan but incurred before the issuance of the bonds. Mayor McComb referred to Item 23. Controller Judy Sandroussi stated that the purpose of this item is to allow the City to reimburse itself from future utility revenue bond proceeds for costs associated with the City's fiscal year 2020 capital budget; this is standard municipal bond practice designed to save municipalities money; and is outlined in U.S. Treasury Regulations. In response to questions from a council member, Chief Financial Officer Constance Sanchez and Capital Improvement Program Manager Kamil Taras discussed the following topics: approving an amount applicable to the current fiscal year versus the $110 million; that the $110 million amount is part of the Capital Improvement Program budget; and if $110 million in capital improvements is realistic in the current fiscal year. There were no comments from the public. Council Member Molina made a motion to approve the resolution, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Page 11City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes Enactment No: 031953 RECESS TO CORPORATION MEETING: (ITEM 25)L. Mayor McComb recessed the regular Council meeting at 5:22 p.m. to hold a meeting of the North Padre Island Development Corporation. 25.Meeting of the North Padre Island Development Corporation This Corporation Meeting was held. RECONVENE COUNCIL MEETING:M. Mayor McComb reconvened the regular Council meeting at 5:26 p.m. CONSENT AGENDA: (ITEM 6)K. 6.Ordinance appropriating additional funds in the amount of $2,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 for construction of the Park Road 22 Bridge; transferring funds in the amount of $6,884,815.66 from the Reinvestment Zone No. 2 Fund 1111 to the Capital Improvement Program Fund for the project; and amending the operating and capital budgets. Mayor McComb deviated from the agenda and referred to Item 6. Council Member Smith made a motion to take Item 6 from the table, seconded by Council Member Molina and passed unanimously. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Garza. Council members and Assistant City Manager Keith Selman discussed the following topics: if the amount to be approved includes the purchase of an associated lift station; plans and funding for the lift station; the estimated cost of the lift station; the reasons for the need for the lift station and force main; and that additional capacity is needed to serve the planned development of Lake Padre. There were no comments from the public. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: 031943 Page 12City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes ADDENDUM ITEMS: (ITEM 39)S. 39.Ordinance authorizing a navigable canal on North Beach. Mayor McComb deviated from the agenda and referred to Item 39. Council Member Garza made a motion to approve a substitute ordinance, seconded by Council Member Roy, which Council Member Garza read into the record. Council members discussed the following topics: that this is one step in a process to address drainage on North Beach; that this ordinance does not address tidal flooding; the need to fix drainage on North Beach; why assist a developer versus addressing drainage issues throughout the city; gratitude to the people who helped with this effort; that the proposed canal can be an iconic symbol for Corpus Christi; the process related to the canal on North Beach to date; issues that have been and have yet to be addressed on North Beach; the target price of the canal; related pending approvals required by various governmental agencies; and thanks to the City Attorney. There were no comments from the public. The substitute Ordinance was passed on first reading as substitute and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 The Council went into recess at 5:49 p.m. The Council returned from recess at 5:53 p.m. O. PUBLIC HEARINGS: (ITEMS 26 - 28) 26.Zoning Case No. 1019-05, Southside Ventures III, LP. (District 5). Ordinance rezoning property at or near 7564 Brooke Road from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District. Planning Commission and Staff recommend Approval. Mayor McComb referred to Item 26. Director of Development Services Al Raymond stated that the purpose of this item is to rezone the subject property for the purpose of construction of single-family homes. Director Raymond presented information on the following topics: aerial Page 13City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes overview; subject property at 7564 Brooke Rd.; zoning pattern; and Planning Commission's and staff's recommendation to approve. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. There were no comments from the Council. Council Member Hernandez 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:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith 8 - Absent:Council Member Roy1 - Abstained:0 27.Zoning Case No. 1019-02, DMPI Beach Investments (District 4). Ordinance rezoning property at or near 14901 Granada Drive from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Planned Unit Development. Planning Commission and Staff recommend Approval. Mayor McComb referred to Item 27. Director of Development Services Al Raymond stated that the purpose of this item is to rezone the subject property for the purpose of construction of nine single-family homes. Director Raymond presented information on the following topics: aerial overview; subject property at 14901 Granada Dr.; zoning pattern; deviation table; master site plan; public notification; and Planning Commission's and staff's recommendation to approve. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. In response to a question from a council member, Director Raymond stated that the reduced street width was reviewed and approved by the Fire Department. 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:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith 8 - Absent:Council Member Roy1 - Page 14City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes Abstained:0 28.Zoning Case No. 0819-05, Tammy Johnson (District 4). Ordinance rezoning property at or near 3837 Herring Drive from the "RMH" Manufactured Home District to the “RS-6" Single-Family 6 District. Planning Commission and Staff recommend Approval. Mayor McComb referred to Item 28. Director of Development Services Al Raymond stated that the purpose of this item is to rezone the subject property for the purpose of construction of one single-family home. Director Raymond presented information on the following topics: aerial overview; subject property at 3837 Herring Dr.; zoning pattern; and Planning Commission's and staff's recommendation to approve. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. There were no comments from the Council. 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:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith 8 - Absent:Council Member Roy1 - Abstained:0 REGULAR AGENDA: (NONE)P. FIRST READING ORDINANCES: (ITEMS 29 - 35)Q. 29.Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in the amount of $22,892.91 for the Red Cord Initiative Diversion Program; and appropriating $22,892.91 in the FY 2020 Police General Fund. Mayor McComb referred to Items 29 - 36 and 40. A council member requested that Item 36 be pulled for individual consideration. There were no comments from the Council or the public. Council Member Molina made a motion to approve Items 29 - 35 and 40, Page 15City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes seconded by Council Member Smith. These Ordinances were passed on first reading and approved by one vote. Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 30.Ordinance eliminating, revising, modifying, and merging advisory boards and committees as a result of a thorough review. This Ordinance was passed on first reading by one vote (see Item 29). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 31.Ordinance approving the sale of lot of approximately 0.1431 acres at 7101 Edgebrook Drive for the highest cash offer received by real estate broker of $18,000 to James Magill. This Ordinance was passed on first reading by one vote (see Item 29). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 32.Ordinance approving the sale of City’s partial interest in the lot of approximately 0.1993 acres at or near 926 St. Bernard, Corpus Christi, Texas for $7,500.00 to Strategic Investment Solutions, LLC. This Ordinance was passed on first reading by one vote (see Item 29). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 33.Ordinance approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $133,000 for their Contractor Resource Center (CRC) program to assist small businesses bid for existing and upcoming large industrial opportunities; appropriating Page 16City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes $133,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. This Ordinance was passed on first reading by one vote (see Item 29). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 34.Ordinance closing, abandoning, and vacating a 25-foot wide by approximately 993.17-foot long (24,136 sq. ft.) utility easement in Callicoatte Estates Unit 5 located at 3802 Callicoatte Road. (District 1). This Ordinance was passed on first reading by one vote (see Item 29). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 35.Ordinance authorizing an amendment to the Depository Services Agreement with Frost Bank to modify a collateral requirement and to extend the term of the contract for the final one-year extension commencing January 1, 2020 and ending December 31, 2020. This Ordinance was passed on first reading by one vote (see Item 29). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 S. ADDENDUM ITEMS: (ITEM 40) 40.Ordinance awarding a contract to Bay, Ltd. for Ultra-Thin Bonded Wear Course in an amount not to exceed $20,000,000 and Overlays in an amount not to exceed $30,000,000 as part of the Street Preventative Maintenance Program located city-wide with work starting upon notice to proceed and funding available through Streets, Utilities with ADA improvement funds from Bond 2016 and 2018; and amending the budget to appropriate $5,000,000 in Street Preventative Maintenance Program Reserves. This Ordinance was passed on first reading by one vote (see Item 29). Page 17City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Q. FIRST READING ORDINANCES: (ITEM 36) 36.Ordinance amending the FY 2020 City of Corpus Christi Capital Budget to appropriate $350,000 from the unreserved fund balance in Seawall Improvements; transferring and appropriating said funds into Seawall CIP Fund; adding the Bayshore Park Improvement Project to the Capital Improvement Program; and authorizing a change order to Fulton-Coastcon, Inc. of Corpus Christi, Texas to restore the Bayshore Park Playground Area (Water’s Edge Park in Council District 1) for a total amount not to exceed $234,745. Mayor McComb referred to Item 36. Director of Engineering Services Jeff Edmonds stated that the purpose of this item is to repair the fall protection at Bayshore Park, which holds water; that the best solution is to install a concrete foundation and appropriate drainage; and that this item is a request to appropriate funds, approved by Corpus Christi Business and Job Development Corporation (Type A), and approve a change order in excess of $100,000, requiring Council approval; and discussed the reasons the City's contract with Fulton-Coastcon remains open. Council members, Director Edmonds, Assistant Director over Construction Management Brett Van Hazel and Director of Procurement and Contracts Kim Baker discussed the following topics: what happened to the original base in the fall zone; the reasons for the failure of the sub-base; paying for the fall zone twice; how long the Fulton-Coastcon contract can remain open; opening up this project for bids; how this project is connected to the seawall and how it provides flood or storm protection; the legal opinion allowing for the use of seawall funds for this project; using seawall funds for projects outside the bounds of what voters voted for; how it was determined that the cost of the requested change order is competitive; and citizens' utilization of city parks. Council Member Barrera 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:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 R. BRIEFINGS: (ITEM 37) Page 18City of Corpus Christi Printed on 12/27/2019 December 10, 2019City Council Meeting Minutes 37.City of Corpus Christi Port Authority Appointees Quarterly Update to City Council on Port Matters This item will be rescheduled for a later date. This Presentation was withdrawn by staff. IDENTIFY COUNCIL FUTURE AGENDA ITEMSU. This item was not considered. ADJOURNMENTV. The meeting was adjourned at 6:21 p.m. Page 19City of Corpus Christi Printed on 12/27/2019 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, December 17, 2019 Addendums may be added on Friday. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:33 a.m. Invocation to be given by Pastor David Bendett, Rock City Church.B. Pastor David Bendett gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Albert Quintanilla, Director of Street Operations. C. Mr. Albert Quintanilla led the Pledge of Allegiance to the flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. 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: City Manager Peter Zanoni, Senior Assistant City Attorney Lisa Aguilar, and City Secretary Rebecca L. Huerta. Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Proclamations / Commendations:E. 1.Commendation for Mandalyn Puebla. Commendation for Robert Galvan, Sr. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. The Commendations were presented and the Swearing-In Ceremony conducted. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:G. Page 1City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes Mayor McComb deviated from the agenda and referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: OTHERa. 1) City Manager Zanoni introduced two new staff members - Peter Collins, Chief Information Technology Officer and Sony Peronel, Performance Management Administrator. 2) The City is in the process of updating the Westside Area Development Plan, with a draft plan scheduled for the spring of 2020. 3) The City's holiday schedule will be available on the City's website. Most City offices will be closed on Christmas Day and New Year's Day. Mayor McComb reminded City utility users that winter averaging of the wastewater portion of their utility bill began December 1, 2019 and continues through the end of February 2020; and recognized that Ben Molina assumed the duties of Mayor Pro Tem on December 10, 2019. PUBLIC COMMENT - APPROXIMATELY 12:00 P.M. 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 Communication department at 361-826-3211 to coordinate. This is a public hearing for all items on this agenda. F. Mayor McComb referred to comments from the public. Senior Assistant City Attorney Lisa Aguilar read the Rules of Decorum for the Council Chambers. City Secretary Rebecca L. Huerta conducted the public comment period. Flo East, 1605 Yorktown Blvd., spoke in support of Item 33 relating to the installation of splash pads. The following individuals spoke in opposition to Item 29 relating to seawater desalination plants: Elizabeth Mayorga, 5502 Saratoga Blvd.; Jim Klein, 3501 Monterrey St.; Neil McQueen, 4213 Estate Dr., representing the local chapter of the Surfrider Foundation, one of the organizations that is a member of the Coastal Alliance to Protect the Environment; Melissa Zamora, Brawner Pkwy.; Brittany Garcia, Brawner Pkwy.; Isabel Araiza, Poenisch Dr.; Teresa Klein, 3501 Monterrey St.; Darren Sampson, 7350 McArdle Rd., with the local Sierra Club Chapter; Errol Summerlin, Portland, Texas, with the Coastal Alliance to Protect the Environment; Tom Strubbe; Chloe Torres, 5430 Saratoga Blvd.; Jose Gonzales, IV, 4334 Devon Dr.; John C. Van Zandt, 919 S. Water St., Rockport, Texas; Julie Rogers, 710 Furman Ave.; Alvin Baker, 124 Walker Ave., Portland, Texas; and Eric Holguin, 1514 Ennis Joslin Rd. Sandra Love Sanchez, 6130 Wooldridge Rd., representing the Indigenous People of the Coastal Bend, spoke regarding conflicts of interest; political contributions made by certain Port of Corpus Christi Authority members to certain city council members; desalination permitting; and the negative environmental effects of brine discharge from desalination plants into the bay. Ronald F. Kibler, 133 North Padre Island Drive, with Lamar Advertising, spoke Page 2City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes regarding Item 28 decertifying the City of Corpus Christi under the Texas Highway Beautification Act and asked for more time to resolve this issue for the City of Corpus Christi. Peter Davidson, 1525 N. Shoreline Blvd.; discussed the agencies/organizations and names of individuals with whom he has worked on the North Beach breakwater project. The following individuals spoke in opposition to using the Lamar Elementary building as a homeless shelter: Rolando Garza, Saxet Heights; Barbara Handy, 2113 Coleman Ave.; Priscilla Rivera, 2504 Marguerite St.; Susie Luna Saldana, 4710 Hakel Dr.; Gloria Scott, 4422 S. Alameda St., who also recommended using the Spohn Memorial Hospital building for a homeless shelter; and Edward Marines, 2323 Mary St. John Medina, 4931 Mokry Dr., spoke in opposition to the North Beach canal project; in favor of desalination, without discharging the brine into the bay; repairs needed to Mokry Dr.; and expansion of the Police Department. MINUTES: (NONE)H. BOARD & COMMITTEE APPOINTMENTS: (NONE)I. EXPLANATION OF COUNCIL ACTION:J. CONSENT AGENDA: (ITEMS 2 - 10, 12 - 27, 30 - 32 & 34)K. Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. A council member requested that Items 11, 28, 29 and 33 be pulled for individual consideration. There were no comments from the Council or the public. A motion was made by Council Member Guajardo, seconded by Council Member Barrera, to approve the Consent Agenda. The motion carried by the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 2.One-reading Ordinance authorizing the conveyance of approximately 0.55 acres of land out of Lot 7A, King Square Addition, located adjacent to Lions Park (near McArdle Road and Holmes Drive) to Housing and Community Services, Inc. in consideration of payment of $115,300. This Ordinance was passed on emergency on the consent agenda. Enactment No: 031954 3.One-reading Ordinance to Approve the 2020 Annual Audit Plan. Page 3City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes This Ordinance was passed on emergency on the consent agenda. Enactment No: 031955 4.One-reading Ordinance approving the addition of six full-time positions with required salaries, benefits and equipment to the Engineering Services Department budget; amending the FY 2020 Operating Budget as required for the last eight months of the year with funding coming from the FY 2020 Capital Improvement and Operational Budgets as required. This Ordinance was passed on emergency on the consent agenda. Enactment No: 031956 5.One-reading Ordinance approving two contracts for comprehensive facility assessments to LNV, Inc. in the amounts of $29,880 for the Art Center of Corpus Christi and $52,830 for the Art Museum of South Texas, located in Council District 1, with work beginning upon issuance of notice to proceed, with funds available in the Type A Seawall System CIP Fund; and amending the FY 2020 Capital Improvement Program Budget. This Ordinance was passed on emergency on the consent agenda. Enactment No: 031957 6.Ordinance awarding a contract to Bay, Ltd. for Ultra-Thin Bonded Wear Course in an amount not to exceed $20,000,000 and Overlays in an amount not to exceed $30,000,000 as part of the Street Preventative Maintenance Program located city-wide with work starting upon notice to proceed and funding available through Streets, Utilities with ADA improvement funds from Bond 2016 and 2018; and amending the budget to appropriate $5,000,000 in Street Preventative Maintenance Program Reserves. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031958 7.Zoning Case No. 1019-05, Southside Ventures III, LP. (District 5). Ordinance rezoning property at or near 7564 Brooke Road from the “RS-TH” Townhouse District to the “RS-4.5” Single-Family 4.5 District. Planning Commission and Staff recommend Approval. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031959 8.Zoning Case No. 1019-02, DMPI Beach Investments (District 4). Ordinance rezoning property at or near 14901 Granada Drive from the “RM-AT/IO” Multifamily AT District with an Island Overlay to the “RM-AT/IO/PUD” Multifamily AT District with an Island Overlay and Page 4City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes Planned Unit Development. Planning Commission and Staff recommend Approval. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031960 9.Zoning Case No. 0819-05, Tammy Johnson (District 4). Ordinance rezoning property at or near 3837 Herring Drive from the "RMH" Manufactured Home District to the “RS-6" Single-Family 6 District. Planning Commission and Staff recommend Approval. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031961 10.Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in the amount of $22,892.91 for the Red Cord Initiative Diversion Program; and appropriating $22,892.91 in the FY 2020 Police General Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031962 12.Ordinance approving the sale of lot of approximately 0.1431 acres at 7101 Edgebrook Drive for the highest cash offer received by real estate broker of $18,000 to James Magill. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031964 13.Ordinance approving the sale of City’s partial interest in the lot of approximately 0.1993 acres at or near 926 St. Bernard, Corpus Christi, Texas for $7,500.00 to Strategic Investment Solutions, LLC. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031965 14.Ordinance approving a Small Business Incentives Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College (Del Mar) to provide grant up to $133,000 for their Contractor Resource Center (CRC) program to assist small businesses bid for existing and upcoming large industrial opportunities; appropriating $133,000 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031966 15.Ordinance closing, abandoning, and vacating a 25-foot wide by Page 5City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes approximately 993.17-foot long (24,136 sq. ft.) utility easement in Callicoatte Estates Unit 5 located at 3802 Callicoatte Road. (District 1). This Ordinance was passed on second reading on the consent agenda. Enactment No: 031967 16.Ordinance authorizing an amendment to the Depository Services Agreement with Frost Bank to modify a collateral requirement and to extend the term of the contract for the final one-year extension commencing January 1, 2020 and ending December 31, 2020. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031968 17.Ordinance amending the FY 2020 City of Corpus Christi Capital Budget to appropriate $350,000 from the unreserved fund balance in Seawall Improvements; transferring and appropriating said funds into Seawall CIP Fund; adding the Bayshore Park Improvement Project to the Capital Improvement Program; and authorizing a change order to Fulton-Coastcon, Inc. of Corpus Christi, Texas to restore the Bayshore Park Playground Area (Water’s Edge Park in Council District 1) for a total amount not to exceed $234,745. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031969 18.Ordinance authorizing a navigable canal on North Beach. This Ordinance was passed on second reading on the consent agenda. Enactment No: 031970 19.Resolution renewing an Interlocal Cooperation Agreement with Nueces County and the Port of Corpus Christi Authority with the City of Corpus Christi in-kind contribution providing office space, utilities and related services for a term of five years for the Local Emergency Response Planning Committee to enhance emergency response preparedness for hazardous materials. This Resolution was passed on the consent agenda. Enactment No: 031971 20.Motion authorizing a three-year supply agreement, for a total amount not to exceed $1,023,279.00, with Beasley Tire Service-Houston Inc., of Houston, Texas, for the purchase of tires for City owned sedans, pickup trucks, heavy-duty trucks and trailers to be installed by Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in the amount of $284,244.17 available through the Fleet Maint Page 6City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes Svs Fund. This Motion was passed on the consent agenda. Enactment No: M2019-204 21.Resolution authorizing an interlocal governmental agreement with the Texas Department of Motor Vehicles for five years relating to motor vehicle registration refusal for failure to appear or failure to pay a fine on a traffic law violation; and authorizing an agreement with Linebarger Goggan Blair & Sampson, LLP to assist with the implementation of a Motor Vehicle Registration Refusal Program. This Resolution was passed on the consent agenda. Enactment No: 031972 22. Motion authorizing a three-year lease purchase agreement with Great South Texas Corporation dba Computer Solutions of San Antonio, Texas for the amount not to exceed $4,999,616.07 for the Cisco network, hardware and software, effective upon issuance of a notice to proceed, with first year funding in an amount of $1,666,538.69 available through the FY2020 Info Tech Fund. This Motion was passed on the consent agenda. Enactment No: M2019-205 23.Motion authorizing a two-year license agreement with EC America, Inc., of McLean, Virginia for an amount not to exceed $68,094.87, for the purchase of Citrix software licenses and support renewal used by staff of the Corpus Christi Police Department and Nueces County Sheriff’s Department, effective upon issuance of a notice to proceed, with funding in the amount of $68,094.87 for the two-year agreement available through the FY 2020 Info Tech Fund. This Motion was passed on the consent agenda. Enactment No: M2019-206 24.Motion authorizing the purchase of three vehicles for the Utilities Department, which consist of one Explorer, one F150 pickup truck and one F550 pickup truck, as additions to the fleet, from Silsbee Ford of Silsbee, Texas, for a total amount of $128,966.00, effective upon issuance of letter of acceptance, with funding available through the FY 2020 Water and Storm Water Department Funds. This Motion was passed on the consent agenda. Enactment No: M2019-207 Page 7City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes 25.Motion authorizing the purchase of four John Deere mini excavators from Doggett Heavy Machinery Services, LLC of Corpus Christi, Texas for a total amount of $273,200.00 to be used daily by the Utilities Department for emergency repairs and construction of water and wastewater infrastructure as additions to the fleet, effective upon issuance of letter of acceptance, with funding available through the FY 2020 Wastewater and Water Funds. This Motion was passed on the consent agenda. Enactment No: M2019-208 26.Motion authorizing the lease-purchase of one XL3100 Gradall excavator, as an addition to the fleet, from Waukesha-Pearce Industries, Inc. of Corpus Christi, Texas, for a total amount of $474,423.00, for the Utilities Department to be used daily for construction work and emergency repairs of water and wastewater infrastructure throughout the City, effective upon issuance of letter of acceptance, with FY 2020 funding in the amount of $94,884.60 available through the Stormwater Funds. This Motion was passed on the consent agenda. Enactment No: M2019-209 27.Resolution approving an Amendment No. 1 to the Agreement between the Corpus Christi Business and Job Development Corporation and the City of Corpus Christi for the Type A Affordable Housing Program - Homebuyer Assistance Program. This Resolution was passed on the consent agenda. Enactment No: 031973 30.Motion authorizing an amendment to Supply Agreement No. 1026 for sodium bisulfite for a total amount not to exceed $169,999.87, with Southern Ionics, Inc. of West Point, Mississippi, increasing the supply agreement value to a not to exceed value of $1,336,481.42 for the dechlorination of wastewater at the Oso Wastewater Treatment Plant, with funding available through the FY 2020 Wastewater Fund. This Motion was passed on the consent agenda. Enactment No: M2019-210 31.Motion to revise the Residential Street Rebuild Program (RSRP) Project Selection Matrix. There is no change to the fiscal impact, only the streets selected for future rehabilitation and/or reconstruction on future program years would be changed. This Motion was passed on the consent agenda. Enactment No: M2019-211 Page 8City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes 32.Motion to approve Amendment No. 1 to Developer Agreement for Park Road 22 Bridge and Village Canal. This Motion was passed on the consent agenda. Enactment No: M2019-212 34.Motion approving the 2020 Council Meeting calendar. This Motion was passed on the consent agenda. Enactment No: M2019-214 11.Ordinance eliminating, revising, modifying, and merging advisory boards and committees as a result of a thorough review. Mayor McComb referred to Item 11. City Secretary Rebecca L. Huerta and Assistant Director of Strategic Planning & Innovation Saundra Thaxton presented information on the following topics: no "sunset" ordinance or process for Board and Committee reviews; 28 advisory boards reviewed; scope of review; staff evaluation; city council consideration; recommendation; list of 14 advisory boards to be retained and the new board created; impact: more focus on mission and goals; benefits: strengthens and improves overall; and next steps. Council members, City Secretary Huerta and Assistant Director Thaxton discussed the following topics: creating boards similar to the Island Strategic Action Committee for other parts of the city; the amount of the Capital Improvement Project budget spent on the Island and related reimbursements; and gratitude for this review having been completed and for the efficiencies that will proceed from it. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith 8 - Absent:Council Member Hunter1 - Abstained:0 Enactment No: 031963 RECESS FOR LUNCHL. Mayor McComb deviated from the agenda and referred to Recess for Lunch. The Council went into recess at 1:39 p.m. The Council returned from recess at 2:17 p.m. CONSENT AGENDA: (ITEMS 28 - 29)K. Page 9City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes 28.Resolution decertifying the City of Corpus Christi under Texas Highway Beautification Act; and reestablishing the annual permit renewal fee for billboard signs. Mayor McComb referred to item 28. Director of Development Services Al Raymond stated that the purpose of this item is a request to decertify the City of Corpus Christi from the certified cities program operated by the Texas Department of Transportation (TXDOT) and to reinstitute the City's annual permit fees for billboards, which was inadvertently repealed upon adoption of the Unified Development Code in May 2011. Director Raymond presented information on the following topics: history; billboard locations; enforcement; decertification; billboard annual fee; staff recommendation to approve the resolution. Council members, Director Raymond, Assistant Director of Development Services Nina Nixon-Mendez and City Manager Peter Zanoni discussed the following topics: the number of signs the City was not able to certify as being in compliance with the Texas Highway Beautification Act; the proximity of signs to the roadway; the amount the City currently collects in fees each year; the impact of not charging fees; the cost of fees for new signs; the cost of administering permitted signs; that the City has been collecting fees without having an ordinance in place requiring the payment of fees; reviewing fees to determine if they need to be adjusted; negotiations between a sign company and TXDOT; if signs that are able to be certified will remain; and the number of sign companies operating in Corpus Christi. There were no comments from the public. Council Member Hernandez made a motion to approve the resolution, seconded by Council Member Smith. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: 031974 29.Resolution authorizing the submission of applications to the Texas Commission on Environmental Quality for La Quinta Channel and Inner Harbor water rights diversion and discharge permits necessary for development of two seawater desalination plants and authorizing payment of permit fees in total amount not to exceed $450,000. Mayor McComb referred to Item 29. A council member discussed the need for an adequate water supply and the history of water needs/supply in Corpus Christi. Executive Director of Water Utilities Dan Grimsbo stated that the purpose of this Page 10City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes item is a request to authorize the City Manager to submit applications to the Texas Commission on Environmental Quality for two desalination plants and authorize payment of permit fees in a total amount not to exceed $450,000. Council members and Executive Director Grimsbo discussed the following topics: the purpose of Freese and Nichols' work; the purpose of the fees in the resolution; if the fees paid to Freese and Nichols included permitting fees; a request for a summary of what the fees paid to Freese and Nichols consisted of; application fees associated with one use versus ongoing use, year after year; how the $450,000 in fees was determined; that the City is applying for a permit for the proposed plants' maximum output capacity; how the City securing rights for various output volumes may affect other entities' ability to also obtain permits; the discharge permit pursued by the Port of Corpus Christi Authority (POCCA); POCCA's permitting costs versus those of the City; communicating with stakeholders; private industries' cost to build a desalination plant versus the City's cost; differences between the design and application of a desalination plant for private industry versus the City as is related to cost; purchasing water from desalination plants constructed by private industry versus the City constructing desalination plants; environmental concerns related to desalination plants; the Laguna Madre's hyper salinity; the potential change in the bay's salinity from desalination; circulation in the bay system; and that the purpose of a desalination plant is the production of potable water. Mayor McComb called for comments from the public. Executive Director of Port Industries of Corpus Christi Bob Paulison discussed having a reliable, drought-proof water supply from various sources and proceeding with desalination permitting. Council members and Executive Director Grimsbo discussed the following additional topics: wanting desalination to be as cost effective as possible; history related to the City of San Antonio's water supply; and opportunities for a public-private partnership related to desalination. There were no comments from the public. Council Member Smith made a motion to approve the resolution, seconded by Mayor McComb. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 7 - Nay:Council Member Garza and Council Member Hernandez2 - Abstained:0 Enactment No: 031975 RECESS TO CORPORATION MEETING:O. Mayor McComb deviated from the agenda and referred to Recess to Corporation Meeting. Mayor McComb recessed the meeting at 3:20 p.m. to hold a meeting of the Tax Increment Reinvestment Zone Number 4 (TIRZ#4). Page 11City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes RECONVENE COUNCIL MEETING:P. Mayor McComb reconvened the meeting at 3:51 p.m. CONSENT AGENDA: (ITEM 33)K. 33.Motion authorizing a design build contract with Progressive Commercial Aquatics, Inc., of Houston, Texas, for the design and construction of three splash pads at city parks, for a total amount not to exceed design-to budget of $1,650,000, effective upon issuance of notice to proceed, with funding through the Community Enrichment Fund and CDBG Grant Funds. Mayor McComb referred to Item 33. Director of Parks and Recreation Jermel Stevenson stated that the purpose of this item is to authorize a contract with Progressive Commercial Aquatics, Inc., of Houston, Texas, for the installation of splash pads at Bill Witt, Lindale and Salinas Parks. Council members and Director Stevenson discussed the following topics: preventive maintenance and life-cycle asset management; maintenance costs; addressing additional cost of maintenance on the Facility side; using Maximo to track maintenance; if this contract should be amended to address tracking of maintenance; ensuring the contractor provides the City with the information the City needs to track maintenance in Maximo and memorializing said requirement of the contractor via a written amendment to the contract; how the recommended locations for the splash pads were determined; that the splash pads will be a wonderful amenity; and funding sources for this item. There were no comments from the public. Council Member Molina made a motion to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2019-213 PUBLIC HEARINGS: (ITEMS 35 - 37)M. 35.Zoning Case No. 1019-06, Rogerio and Maria E. Lopez (District 3). Ordinance rezoning property at or near 3046 Holly Road from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. Planning Commission and Staff recommend approval. Mayor McComb referred to Item 35. Page 12City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes Director of Development Services Al Raymond stated that the purpose of this item is for the construction of a retail center. Director Raymond presented information on the following topics: aerial overview; subject property at 3046 Holly Rd.; zoning pattern; and Planning Commission's and staff's recommendation of approval. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. There were no comments from the Council. Council Member Barrera 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:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 36.Ordinance amending Wastewater Collection System Master Plan for the Allison W.W.T.P Service Area for Calallen South located on the east frontage of US 77 just south of County Road 52; amending Comprehensive Plan; and providing publication (Council District 1). Mayor McComb referred to Item 36. Director of Planning & ESI Daniel McGinn presented information on the following topics: aerial overview; master plan overview; master plan detail; current master plan infrastructure; master plan amendment; and Planning Commission's and staff's recommendation of approval. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. A council member and Director McGinn discussed if the subject property is platted and the value of the homes to be constructed in the development. Council Member Roy 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:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 37.Ordinance amending Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA 30 for Airline Crossing Unit 3 located west of Airline Road off Lipes Boulevard; amending Comprehensive Plan; and providing publication (Outside City limits near Page 13City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes Council District 5). Mayor McComb referred to Item 36. Director of Planning & ESI Daniel McGinn presented information on the following topics: aerial overview; master plan overview; master plan detail; current infrastructure; master plan amendment; and Planning Commission's and staff's recommendation of approval. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council members and Director McGinn discussed the Lipes Blvd. right-of-way and if the additional wastewater capacity being installed will accommodate future development in the area. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 REGULAR AGENDA:N. PUBLIC HEARINGS: (ITEM 38)M. 38.Ordinance amending Ordinance No. 031927, which created Reinvestment Zone Number Four, City of Corpus Christi, Texas, to correct the Tax Increment Base for the Zone by replacing Exhibit D; and approving the amendments to the Tax Increment Reinvestment Zone #4 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Four, Corpus Christi, Texas, regarding additional ad valorem property values within the zone, and other matters relating thereto. Mayor McComb referred to Item 38. City Secretary Rebecca L. Huerta stated that this is a public hearing item. Business Liaison Arlene Medrano stated that the purpose of this item is to amend the creation ordinance of the Tax Increment Reinvestment Zone Number Four (TIRZ#4), specifically Exhibit D, to reflect the 2019 certified roll of $104,861,392 instead of $60,689,500 and approval of the amendment to the Project and Financing Plan to reflect an increase in projected project costs. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Barrera made a motion to approve this ordinance, seconded Page 14City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 FIRST READING ORDINANCES: (ITEMS 39 - 45)Q. 39.Ordinance accepting a $282,848.09 grant from State of Texas, Criminal Justice Division for Victims of Crime Act Outreach Program with City match of $61,112.03 and in-kind match of $9,600 from Police General Fund; appropriating the $282,848.09 in Police Grants Fund; authorizing transfer of $61,112.03 from the Police General Fund to the Police Grants Fund and appropriating the same for total project cost of $353,560.12, and authorizing a staff complement of 3 FTEs. Mayor McComb referred to Items 39 - 45. Council members and Director of Water Utilities Kevin Norton discussed the following items related to Item 45: comparison of fees with other recreational vehicle parks; that if this fee revision has a negative impact on the ability to fill camp sites at Sunrise Beach, the fee schedule should be brought back to Council for adjustment; that fees at Sunrise Beach have not been increased in a number of years; and even if occupancy decreases because of the increase in fees, there is projected to be an overall increase in revenue that will result from this fee revision. There were no comments from the public. Council Member Hunter made a motion to approve Items 39 - 45, seconded by Council Member Smith. These ordinances were passed on first reading and approved by one vote. Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 40.Ordinance authorizing the acceptance of two grants totaling $333,666.41 from the Office of the Texas Governor- Homeland Security Grant Division, Homeland Security Grant Program for hazmat team enhancement and SWAT equipment; and appropriating $333,666.41 in the Fire Grants Fund. This Ordinance was passed on first reading and approved by one vote (see Item 39). 41.Ordinance appropriating $33,926.39 from the City of Corpus Christi-Nueces County Local Emergency Planning Committee (LEPC) Page 15City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes Reserve Fund to supplement and expand community information programs and projects; and amending the FY2019-2020 operating budget adopted by Ordinance 031870 to increase expenditures by $33,926.39. This Ordinance was passed on first reading and approved by one vote (see Item 39). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 42.Ordinance accepting a grant from the Flint Hills Resources 2019 Helping Heroes Program in the amount of $3,000 to be used to support the Corpus Christi - Nueces County Local Emergency Planning Committee; and appropriating the funds into the LEPC Fund No. 6060. This Ordinance was passed on first reading and approved by one vote (see Item 39). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 43.Ordinance authorizing execution of all documents necessary to accept, amend and appropriate a grant contract for the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant in the amount of $48,345 with a City match of $9,669 to provide tuberculosis prevention and control services, and authorizing a staff complement of 1 FTE. This Ordinance was passed on first reading and approved by one vote (see Item 39). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 44. Ordinance abandoning and vacating a 10-foot wide by approximately 703-feet in length (7,048.1 sq. ft.) existing utility easement out of Lot 2B and Lot 2C, Block 1, SWACO Tract, located at 1706 Saratoga Boulevard. (District 3) This Ordinance was passed on first reading and approved by one vote (see Item 39). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Page 16City of Corpus Christi Printed on 12/27/2019 December 17, 2019City Council Meeting Minutes Abstained:0 45.Ordinance to revise fees for Sunrise Beach camp sites effective February 1, 2020. This Ordinance was passed on first reading and approved by one vote (see Item 39). Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 BRIEFINGS: (NONE)S. EXECUTIVE SESSION: (NONE)T. IDENTIFY COUNCIL FUTURE AGENDA ITEMSU. Mayor McComb referred to Identify Council Future Agenda Items. A council member requested an update on protections being undertaken by the City against cyber-attacks. ADJOURNMENTV. The meeting was adjourned at 4:27 p.m. Page 17City of Corpus Christi Printed on 12/27/2019 Duties Composition Name District Term Appt. date End date Appointing Authority Position Status Category Attendance *Chad Magill District 2 1 1/10/2017 12/31/2019 City Council Seeking reappointment City 11/12 meetings 91% Gabriele Hilpold District 4 2 1/27/2015 12/31/2020 City Council Active City Toby Hammett Futrell District 4 2 8/25/2015 12/31/2021 City Council Secretary Active City William Goldston District 4 1 3/20/2018 12/31/2021 City Council Active City Rudy Garza District 5 1 N/A N/A Mayor Joe McComb Term of Office, Voting Active City Joe McComb 1 5/18/2017 N/A Mayor Term of Office, Voting Active City Peter Zanoni 1 N/A N/A City of Corpus Christi Ex-Officio, Non- voting Active City CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION *One (1) vacancy with term to 12/31/22, representing the following category: 1 - City. The Corpus Christi Regional Economic Development Corporation performs as an advisory board to the City Council and investigates and recommends to the Council such projects as in its opinion would be advantageous to the future growth of the City and to assist the City in the establishment and location of industries. Eighteen (18) Directors, of which six (6) are designated by the City of Corpus Christi to represent the public sector; one of which shall be the Mayor of the City of Corpus Christi and another a Council member appointed by the Mayor. The remainder of the Board shall be comprised of not more than eight (8) Directors to represent the private sector elected by the Corporation’'s membership in accordance with its bylaws. Representing the public sector, two (2) shall be appointed by the Port of Corpus Christi Authority, and up to two (2) designated by any other governmental entities that each contribute at least $50,000 annually to the Corporation. The Board may also consist of such additional, non-voting, ex-officio Directors as determined by resolution. The directors shall serve not more than two, consecutive, three-year terms as provided in the Corporation’'s bylaws; provided that the term of office of any director who is a public official shall coincide with his or her term of public office. 01-14-20 Name District Category *Curtis T Clark District 5 City Margaret Dechant District 5 City Natesh Kumar District 5 City Diane L LaRue District 4 City Bradley H Lenz District 4 City Jonathan S Nabours District 2 City Jason Page District 4 City Christopher P Stevenson District 5 City *Currently serves on the Airport Board. Willing to resign if appointed. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION Applicants Duties Composition Name District Term Appt. date End date Appointing Authority Position Status *Richard (Rick) E. Milby District 1 2 10/13/2015 9/30/2021 City Council Resigned Rev. Claude C. Axel District 4 1 10/10/2017 9/30/2020 City Council Active Mr. Keith Heavilin District 4 1 10/10/2017 9/30/2020 City Council Active Drue Jones District 2 1 6/23/2015 9/30/2020 City Council Chair Active Edward Sample District 5 1 9/18/2018 9/30/2021 City Council Active Sandra Sanchez District 5 1 9/18/2018 9/30/2021 City Council Active Rob Bailey District 4 2 10/1/2019 9/30/2022 City Council Vice-Chair Active Richard G. Hood District 5 2 10/1/2019 9/30/2022 City Council Active Craig Rogers District 4 2 10/1/2019 9/30/2022 City Council Active *One (1) vacancy with term to 9-30-21. (Members are appointed by two-thirds vote of the full Council). Nine members appointed by a two-thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city, but interested individuals may also submit their names for consideration. Members shall hold office for three-year terms commencing October 1. No holding over is permitted except as expressly provided in the Code of Ethics. The commission shall elect a Chairperson and a Vice- Chairperson. The Ethics Commission, in addition to having jurisdiction over complaints involving any "city official", are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council; review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall comply with the Texas Open Meetings Act. ETHICS COMMISSION 1-14-20 Name District David J Bendett District 4 Ed Bennett District 5 Margareta Fratila District 3 Lauren Stephens District 4 ETHICS COMMISSION Applicants Duties Composition Name District Term Appt. date End date Appointing Authority Position Status Category Attendance *Nicole Carroll District 4 1 11/7/2017 11/5/2019 City Council Seeking reappointment 11/12 meetings 92% *Candace S Hart District 1 1 9/20/2016 11/5/2019 City Council Seeking reappointment 11/12 meetings 92% *Vickie C. Natale District 2 1 8/28/2018 11/5/2019 City Council Seeking reappointment 11/12 meetings 92% *Julie T Rogers District 1 1 11/7/2017 11/5/2019 City Council Seeking reappointment 11/12 meetings 92% *Brian Solarek District 4 3 11/12/2013 11/5/2019 City Council Resigned *Tom Krepel District 5 2 1/24/2017 11/5/2020 City Council Resigned Ida A Hobbs District 5 1 2/12/2019 11/5/2020 City Council Active Alice Nixon District 5 2 6/14/2016 11/5/2020 City Council Chair Active La Retama Club Roberta H Sewell District 2 1 3/26/2019 11/5/2020 City Council Active Friends of the Libraries Board Nine (9) members of which seven (7) members shall be appointed for two-year terms by the City Council, one (1) member shall be nominated by the La Retama Club, and one (1) shall be nominated by the Friends of the Corpus Christi Public Libraries Board for a term of two-years. Each nominee must be confirmed by a majority of City Council Members. The Library Board shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. LIBRARY BOARD *Six (6) vacancies with terms to 11-5-20 and 11-05-21. (Note: Staff is recommending the postponement of 2 - Regular Member for further recruitment.) 1-14-20 *Three (3) vacancies with terms to 9-1-20 and 9-1-21. Duties Composition Name District Term Appt. date End date Appointing Authority Position Status *Fernando Fernandez Jr.District 3 Partial 2/19/2019 9/1/2020 City Council Exceeded the number of absences allowed by ordinance *Susana Martinez District 5 1 11/7/2017 9/1/2020 City Council Resigned *Sharron K Hines District 4 1 9/18/2018 9/1/2021 City Council Exceeded the number of absences allowed by ordinance Almira Flores District 4 1 11/7/2017 9/1/2020 City Council Active Deacon Mark C Arnold District 4 1 9/18/2018 9/1/2021 City Council Active Melody H. Cooper District 3 1 11/7/2017 9/1/2021 City Council Chair Active Gargi Bhowal District 5 1 8/27/2019 9/1/2022 City Council Active Mr. Luis F Cabrera District 2 1 8/27/2019 9/1/2022 City Council Active Susane "westi" Horn District 5 1 8/27/2019 9/1/2022 City Council Active C.C. International Airport Rep.N/A N/A N/A Ex-Officio, Non-voting Active Parks and Recreation Rep.N/A N/A N/A Ex-Officio, Non-voting Active Mayor's Office Rep.N/A N/A N/A Ex-Officio, Non-voting Active The Committee shall consist of nine (9) members who shall be appointed by the City Council and shall serve three-year terms. In addition, representatives from the following City departments shall serve as ex-officio, non-voting members of the steering committee: Mayor's Office, Corpus Christi International Airport and Parks and Recreation. The officers of the steering committee shall consist of a General Chair and Vice-Chair. The Chair and Vice-Chair shall be elected by majority vote of the Sister City Committee annually. If the General Chair is absent, the Vice-Chair shall serve as General Chair during his/her absence. The steering committee may appoint any other subcommittee as, in its judgment, will aid it in carrying out its duties. The steering committee shall determine the membership of each said subcommittee, its duties and chairman. The membership of each said subcommittee shall consist of members of the steering committee and, at the option of the steering committee, members from the community at-large. The Sister City Committee studies ways and means of improving relations with the Corpus Christi Sister Cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City Program. SISTER CITY COMMITTEE 01-14-20 Name District John Garcia District 5 Juan S Garzon Coronado District 4 Jason Page District 4 SISTER CITY COMMITTEE Applicants Duties Composition Name District Term Appt. date End date Appointing Authority Position Status Category Attendance *Meredith Darden District 1 1 12/19/2017 12/11/2019 City Council Seeking reappointment CVB 7/10 meetings 70% (3 excused absences) *Daniel E Mazoch District 4 1 12/19/2017 12/11/2019 City Council Seeking reappointment Engineer 6/10 meetings 60% (4 excused absences) *Cliff Schlabach District 4 3 2/11/2014 12/11/2019 City Council Chair Met the six-year service limitation *Mukesh Subedee District 2 2 12/15/2015 12/11/2019 City Council Seeking reappointment Environmentalist 9/10 meetings 90% (1 excused absence) *Dr. Philippe Tissot District 2 1 12/19/2017 12/11/2019 City Council Seeking reappointment 10/10 meetings 100% *Carrie R Meyer District 1 3 1/27/2015 12/11/2020 City Council Resigned Dr. Lauren M. Hutchison District 4 1 1/22/2019 12/11/2020 City Council Active Scientist Terry A Palmer District 4 2 1/31/2017 12/11/2020 City Council Active Jyoti Patel District 4 2 4/19/2016 12/11/2020 City Council Active Hotel/Condo Owner Nine (9) members appointed by the City Council for two-year terms. The membership shall include one (1) Scientist, i.e. Marine Biologist, one (1) Engineer, and one (1) Environmentalist; one (1) shall be an owner or representative of a hotel or condominium located on North Padre Island or Mustang Island; and one (1) shall be a member of the Corpus Christi Convention & Visitors Bureau. The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Parks and Recreation Advisory Committee and vice versa. In the initial appointment, members will serve an initial two-year term, in the succeeding term, 5 members will serve a two-year term, and 4 members will serve a one-year term, as determined by drawing. Thereafter, all terms will be two-years. *Six (6) vacancies with terms to 12-11-20 and 12-11-21 representing the following categories: 1 - CVB, 1 - Engineer, 3 - Regular Member and 1 -Environmentalist. WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore and Beach Advisory Committee advises and makes recommendations regarding use or preservation of the following areas within the city limits: the waterfront, the beaches, and the natural bodies of water, including, but not limited to: Gulf of Mexico, bays, rivers, and creeks, excluding the Marina area as defined by Section 2-264. 1-14-20 Name District Category Larisa A Ford District 4 Regular Member, Scientist i.e., Marine Biologist, Environmentalist Harrison A McNeil District 4 Regular Member, Scientist i.e., Marine Biologist, Environmentalist Jonathan S Nabours District 2 Regular Member Christopher P Stevenson District 5 Regular Member, Environmentalist WATERSHORE AND BEACH ADVISORY COMMITTEE Applicants DATE: January 8, 2019 TO: Mayor and City Council FROM: Peter Zanoni, City Manager peterz@cctexas.com (361) 826-3220 CAPTION: One reading ordinance amending Corpus Christi Code Section 39-324 to designate Martin Luther King, Jr. Day as an official City Holiday. SUMMARY: The City Manager’s Office received a four signature memo from Councilwoman Guajardo on January 3, 2020 for this ordinance to authorize the addition of Martin Luther King, Jr. Day as a City holiday. Council Members Roy, Molina and Barrera signed the memo. BACKGROUND AND FINDINGS: The City currently does not observe Martin Luther King, Jr. Day as a City holiday. Martin Luther King, Jr. Day is observed as a holiday in the following organizations: United States Federal Government State of Texas 7 Largest Texas Cities: Houston, San Antonio, Dallas, Austin, Fort. Worth, El Paso, Arlington Nueces County Offices and School Districts The total cost value of adding a new City holiday incorporates overtime at one and one-half (1- 1/2) times the regular rates of pay and fringe benefits for general employees, Police Officers, and Firefighters that must work on a holiday. The total approximate cost to add an additional holiday in overtime including benefits is $198,000. The total approximate cost to add an additional holiday in salary, overtime, and benefits is $1.1 million. ALTERNATIVES: The City will not observe the national holiday. Ordinance Approving the Observance of Martin Luther King, Jr. Day as an official City Holiday AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2020 FISCAL IMPACT: The total approximate cost to add an additional holiday in overtime including benefits is $198,000. The total approximate cost to add an additional holiday in salary, overtime, and benefits is $1.1 million. The City Manager’s Office provided Councilwoman Guajardo with a funding option to cover the $198,000 in overtime costs. The recommended funding source is that funds budgeted in the FY 2020 Budget for an obesity awareness campaign in the amount of up to $200,000 be re-directed to cover the additional overtime expenses that would be incurred. RECOMMENDATION: City Staff recommends Council discuss and consider the policy item included in the four signature memo from Council dated January 3, 2020 for the observance of Martin Luther King, Jr Day. LIST OF SUPPORTING DOCUMENTS: Ordinance Four Signature Memo One reading ordinance amending Corpus Christi Code Section 39-324 to designate Martin Luther King Jr. Day as an official City Holiday BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. The Corpus Christi Code of Ordinance, Chapter 39, Section 324 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 39-324. - Holidays. (a) The city has seven (7) eight official holidays for city employees eligible for benefits: New Year's Day January 1 Martin Luther King Jr. Day Third Monday of January Memorial Day Last Monday of May Independence Day July 4 Labor Day First Monday of September Thanksgiving Day Fourth Thursday of November Day After Thanksgiving Day Friday After Fourth Thursday of November Christmas Day December 25 (b) When a holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding Friday shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the mayor, upon approval of the city council. (c) Part-time and temporary employees shall not be compensated for holidays, except for time actually worked which will be paid at the straight time rate. (d) Holiday pay is defined as equivalent to eight (8) hours of work, except for airport public saf ety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off. Holiday pay and holiday compensatory time for these airport public safety officers will be counted as twelve (12) hours per day with a shift equal to twenty-four (24) hours. Further exceptions to a holiday defined as equivalent to eight (8) hours of work may be granted by the city manager or designee for employees who are assigned to a work schedule that exceeds eight (8) hours per day. (e) Employees on leave of absence without pay status on a scheduled workday immediately preceding or following a holiday shall not receive pay for the holiday. (f) No sick leave the scheduled workday before, the day of, or the day after a city designate d holiday will be granted to an y person without a certification from a health care provider that verifies the leave is or was necessary for medical reasons. This certification must be provided by the close of the pay period in which the holiday occurred. (Ord. No. 24968, § 1, 7-23-2002; Ord. No. 026899, § 6, 7-25-2006; Ord. No. 027778, § 10, 7-22- 2008; Ord. No. 028468, § 3, 1-26-2010) 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. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 14th day of January, 2020. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the City Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request tha t you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, _________________________ _________________________ __________________________ _________________________ Mayor _________________________ _________________________ Council Members The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith PASSED AND APPROVED this _____ day of ____________, 20 20. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor DATE:October 28, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1019-06, Rogerio and Maria E. Lopez (District 3). Ordinance rezoning property at or near 3046 Holly Road from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. SUMMARY: The purpose of the zoning request is to allow for the construction of a retail center. BACKGROUND AND FINDINGS: The subject property is 4.61 acres in size. The owner is proposing to construct a retail center. The current zoning of “RS-6” Single-Family 6 District permits single-family homes. However, the “CN- 1” Neighborhood Commercial District permits retail uses. Conformity to City Policy The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial land uses. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). The subject property is compatible with the adjoining residential properties and does not have a negative impact upon the adjacent commercial properties. The property is currently vacant and is a remaining “RS-6” Single-Family 6 tract. The subject property has never been developed. Surrounding properties have been rezoned within the past five years indicating a pattern towards neighborhood commercial development along the Holly Road corridor. If the “CN-1” Neighborhood Commercial District is approved, the retail development will need to abide all requirements of the Unified Development Code (UDC). Specific requirements would entail buffer yards and additional setbacks. Additionally, the “CN-1” District does not allow bars, pubs, taverns, or nightclubs. Public Input Process Number of Notices Mailed 50 within 200-foot notification area 5 outside notification area Rezoning a property at or near 3046 Holly Road AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 12/17/19 Second Reading Ordinance for the City Council Meeting 01/14/20 As of October 2, 2019: 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. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RS-6” Single- Family 6 District to the “CN-1” Neighborhood Commercial District on October 16, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RS-6” Single- Family 6 District to the “CN-1” Neighborhood Commercial District with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained:0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1019-06, Rogerio and Maria E. Lopez (District 3). Ordinance rezoning property at or near 3046 Holly Road from the “RS-6” Single- Family 6 District to the “CN-1” Neighborhood Commercial District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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 during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being 4.61 acres out of Lot 4, Section 3, Bohemian Colony Lands as recorded in Volume "A" at Page 48 of the Map Records of Nueces County, Texas as shown in Exhibit “A”: from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. The subject property is located at or near 3046 Holly Road. Exhibit A, which is the Metes and Bounds of the subject property with an associated map is attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the Page 2 of 5 City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 5 Exhibit A Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 1019-06 INFOR No. 19ZN1022 Planning Commission Hearing Date: October 16, 2019 Applicant & Legal Description Owner: Rogerio and Maria E. Lopez Applicant: Diamond Events, LLC. Location Address: 3046 Holly Road Legal Description: Being 4.61 acres out of Lot 4, Section 3, Bohemian Colony Lands as recorded in Volume "A" at Page 48 of the Map Records of Nueces County, Texas, located along the north side Holly Road, west of Kostoryz Road, and east of Richter Street. Zoning Request From: “RS-6” Single-Family 6 District To: “CN-1” Neighborhood Commercial District Area: 4.61 acres Purpose of Request: To allow for the construction of a retail center. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RS-6” Single-Family 6 Vacant Commercial North “RS-6” Single-Family 6 Vacant Medium Density Residential South “RS-6” Single-Family 6 Professional Office Medium Density Residential East “CG-2” General Commercial Commercial Commercial West “CN-1” Neighborhood Commercial Vacant and Low Density Residential Commercial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 047037 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 700 feet of street frontage along Holly Road which is designated as an “A1” Minor Arterial Street. According to the Urban Transportation Plan, “A1” Minor Arterial Streets can convey a capacity of 15,000 to 24,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Holly Road “A1” Minor Arterial 95’ ROW 64’ paved 100’ ROW 64’ paved 17,050 ADT (2015) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RS-6” Single-Family District to the “CN-1” Neighborhood Commercial District to allow for the construction of a retail center. Development Plan: The subject property is 4.61 acres in size. The owner is proposing a retail center on the eastern portion of the subject property. The proposed center is 21,000 square feet (sf) of which Mira's Sports and More will occupy all but 5,000 sf upon completion. The 5,000 sf will be used for retail or office lease space and future expansion. The center portion will be 20' high metal building with each side building extension being 16' high. Construction will be metal building with stone/brick wainscot and decorative parapet. There will be parking spaces in compliance with City code for proposed use. Signage will include front building facade and also a street pylon sign. Development will not commence until next year as the subject land is under contract and will close subject to re-zoning and platting requirements hopefully by year end. Mira's Sports and More is currently located at 6006 Ayers Street and is 11,000 sf in size. Their hours of operation are 9 am to 6 pm six days a week. Mira's employs 30 full time and 5 part time employees. They have outgrown the space and the proposed location on Holly Road is near the current location. The proposed zoning and use is compatible with the “CN-1” District recently granted to adjacent lots in 2011, 2017, and 2018 along this portion of Holly Road. The property rear will follow City code requirements and respect the privacy of residential owners. The remaining land will be platted into two one acre sites ready for future expansion or placed on the market for sale. Existing Land Uses & Zoning: The subject property is currently zoned “RS-6” Single- Family 6 District, consists of a vacant lot, and has remained since annexation in 1962. To the north are single-family residences zoned “RS-6” Single-Family 6 District and platted in 2007 as the Vista Hermosa Subdivision. To the south are single-family residences zoned “RS-6” Single-Family 6 District and platted in 1980 as the Crestmont Unit 5 Subdivision. To the east are commercial properties zoned “CG-2” General Commercial District. The properties consist of the Corpus Christi All Star Gym and Events Center, as well as a Stripes convenience store. To the west are commercial businesses zoned “CN- 1” Neighborhood Commercial District. The properties consist of Tejas Auto Insurance, Dollar General, and the Corpus Christi Wellness Center. All three of these commercial businesses were recently rezoned to the “CN-1” Neighborhood Commercial 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. Staff Report Page 3 Utilities: Water: 8-inch PVC line located along Holly Road. Wastewater: 12-inch PVC line located along Holly Road. Gas: 2-inch Service Line located along the rear property line. Storm Water: Road side inlets located along Holly Road. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Southside Area Development Plan and is planned for commercial uses. The proposed rezoning to the “CN-1” Neighborhood Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • 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). • Support the separation of high-volume traffic from residential areas or other noise-sensitive land uses (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Encourage the design of commercial centers in a manner that minimizes the impacts of automobile intrusion, noise and visual blight on surrounding areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). • Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas (Future Land Use, Zoning, and Urban Design Policy Statement 3). • The "B-1" Neighborhood Commercial and other commercial zoning regulations, in concert with the Comprehensive Plan policies, should be reviewed and revised as necessary to control the size and use of commercial centers so they remain in scale with their surrounding uses and highway carrying capacity (Policy Statement B.4). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining residential properties, and does not have a negative impact upon the adjacent commercial properties. • The property is currently vacant and is a remaining “RS-6” Single-Family 6 tract. The subject property has never been developed. • Surrounding properties have been rezoned within the past five years indicating a pattern towards neighborhood commercial development along the Holly Road corridor. • If the “CN-1” Neighborhood Commercial District is approved, the retail development will need to abide all requirements of the Unified Development Code (UDC). Specific requirements would entail buffer yards and additional setbacks. Additionally, the “CN-1” District does not allow bars, pubs, taverns, or nightclubs. Staff Report Page 4 • Specifically, a Type B buffer yard will be required for the north property line adjacent to the Vista Hermosa Subdivision. Type B buffer yards consist of a 10-foot wide buffer and at least 10 landscape points. Planning Commission and Staff Recommendation (October 16, 2019): Approval of the change of zoning from the “RS-6” Single-Family 6 District to the “CN-1” Neighborhood Commercial District. Public Notification Number of Notices Mailed – 50 within 200-foot notification area 5 outside notification area As of October 11, 2019: 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) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1019-06 Rogerio and Maria E. Lopez (Mira's Sporting)/Council Documents/Report - Rogerio and Maria E. Lopez.docx Staff Report Page 5 City Council December 17, 2019 Zoning Case #1019-06 Rogerio and Maria Lopez Rezoning for a Property at 3046 Holly Road From “RS-6” To “CN-1” 2 Aerial Overview Subject Property at 3046 Holly Road 3 N 4.62 Acre Remainder 4 Zoning Pattern 5 Planning Commission and Staff Recommendation Approval of the “CN-1” Neighborhood Commercial District 6 Site Plan 7 Public Notification 50 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 8 UDC Requirements Buffer Yards: CN-1 to RS-6: Type B: 10’ & 10 pts. Setbacks: Street: 20 feet Side & Rear: 10 feet Rear: 2:1 Setback (height Parking: 1:250 Square feet (net floor area) Landscaping, Screening, and Lighting Standards Uses Allowed: Retail, Offices, Multifamily *Bars/Nightclubs Not Allowed in “CN-1” 9 Utilities Water: 8-inch PVC Wastewater: 12-inch PVC Gas: 2-inch Service Line Storm Water: Roadside Inlets DATE:November 26, 2019 TO:Peter Zanoni, City Manager FROM:Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 CAPTION: Ordinance amending Wastewater Collection System Master Plan for the Allison W.W.T.P Service Area for Calallen South located on the east frontage of US 77 just south of County Road 52; amending Comprehensive Plan; and providing publication (Council District 1). SUMMARY: The proposed amendment to the wastewater master plan for the Calallen South Subdivision, located on the east frontage of US 77 just south of County Road 52 will realign the service boundaries of sub-basins within the Allison Wastewater Master Plan. Staff and Planning Commission recommend approval. BACKGROUND AND FINDINGS: Portions of the existing wastewater system in the area immediately adjacent to the subject tract were either constructed before the master plan was adopted or installed in a manner inconsistent with the master plan. These changes have created a need to reevaluate the plan and develop modifications to efficiently serve the area. The Wastewater Collection System Master Plan (Exhibit A) shows a planned 12-inch collection line serving area 34-D1. This line has been constructed as per the master plan. The Plan (Exhibit A) also shows a planned 10-inch collection line serving area 34-B1 and 34-B2. This line was not constructed as per the master plan and is currently an 8-inch line. The Plan (Exhibit A) also shows a planned 10-inch collection line serving area 35-C1. This line has not been constructed as it would be located outside the city limits. The developer is proposing an amendment to the adopted Allison WWTP master plan which will allow the entire subject tract to utilize the 12-inch collection line that is currently constructed and for this area to be consolidated into one larger sub-basin 34-D1 on the Wastewater Master Plan Amendment for Calallen South located on the east frontage of US 77 just south of County Road 52. AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting December 17, 2019 Second Reading Ordinance for the City Council January 14, 2020 plan combining sub-basins 34-B1 and 35-C1 into 34-D1. This would require an adjustment to the service boundaries to include this development (Exhibit B). A detailed analysis of the capacity of the systems are provided on the attached narrative for the requestedamendment highlighting how the existing 12- inch line can handle the additional acreage. ALTERNATIVES: No alternatives were considered. FINANCIAL IMPACT: No financial impact is associated with this item. RECOMMENDATION: Staff recommends approval of the proposed Wastewater Collection System Master Plan amendment. The Planning Commission recommended approval of the proposed amendment at their October 2, 2019 meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Engineer’s Request Letter Presentation Ordinance amending Wastewater Collection System Master Plan for the Allison W.W.T.P Service Area for Calallen South located on the east frontage of US 77 just south of County Road 52; amending Comprehensive Plan; and providing publication. WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Wastewater Collection System Master Plan for Allison W.W.T.P Service Area, which are elements of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 2, 2019, during a meeting of the Planning Commission, and on December 17, 2019, 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 these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Wastewater Collection System Master Plan for Allison W.W.T.P Service Area, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended to realign the service boundaries for areas 34-D1, 34-B1, 34-B2 and 35-C1 located on Sheet 12 of Appendix D as shown in Exhibits "A" and "B," which are attached to this ordinance and incorporated into this ordinance by reference as if fully set out in their entireties. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from any element of the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Wastewater Collection System Master Plan for Allison W.W.T.P Service Area, as amended from time to time and except as changed by this ordinance, remain 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. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor PROPOSED CALLICOATTENORTH FORCE MAINLEOPARD STCENTRALPOWER & LIGHTBASIN 32-BIS RECOMMENDED FOR ALTERNATIVE COLLECTIONCALLICOATTE RDU.P.R.R. FL= 60.78 FL= 60.3334-D-2184 ac.34-D-195 ac.34-B-1117 ac.34-B-242 ac.35-C-174 ac.35-C-2110 ac.35-C-394 ac.35-B-3302 ac.31-C-1205 ac.34-C-187 ac.34-B-434 ac.34-B-329 ac.31-C-2119 ac.31-A-1142 ac.F MF MF MF MF MF MF MF MF M FL= 17.49US HWY 77PROPOSED COUNTY RD 52FORCE MAINHEARN RD LINEF MSHT. # 11SHT. # 12SHT. # 6SHT. # 12SHT. # 12SHT. # 17SHT. # 12SHT. # 13 FL= 76.00 FL= 66 FL= 40 FL= 45 FL= 50 FL= 67.00 FL= 63.00 FL= 64.00 FL= 68.00 FL= 68.00 FL= 64.00 FL= 60.00 FL= 66.00 FL= 66 FL= 40HEARN RDEMORY DRMCBURNETT DRLOTT AVESIERRA STCHAMIZAL STMOUNTAIN VIEW DRPERRY LN DUNSTAINDANIEL DRBROOKHILL DRR U S H IN G B L V D LEO DRBROOKSIDE STBROOKHAVEN DRCOX CRPERNITAS CREEK DRVELDA DRWIRT AVEFONTANA AVEYELLOW OAK AVEROUNDROCK RDOGLETHORPE DRPIEDRA CREEK DRDEVILS CREEK DRCOUNTRY ESTATES DRCOUNTRY DAWN DRSANDY HOLLOW CREEK DRELMONT AVEBROOKLANE DRCARENCIA DRSUNNYVILLE DRHONEY TRSILVER CREEK DRSHELTON BLVDSHELTON DRJACOB STDEEP W ATER CRDALLAS DRORREL CRBLACK PEAK DRPALISADE STBEE MOUNTAIN DRRORER CRYELLOW STONE DRSI ERRA CRRED BLUFF RDCANYON STRUSTIC OAK DRCOUNTRY SIDE CRW ILD HORSE VALLEY DRREBECCA DRFONVILLA CRBANILY DRSHELTON BLVDalineREHFELD RDWILLOWOOD CREEK DR FL= 35 FL= 67 FL= 66.7 FL= 32.4 FL= 68.5 FL= 59.6 FL= 34.5 FL= 60.5 FL= 66.4 FL= 57.5 FL= 59.7 FL= 68.73 FL= 27.58 FL= 65.56 FL= 43.04 FL= 68.54 FL= 24.09 FL= 29.21 FL= 71.68 FL= 48.22 FL= 51.07 FL= 73.28 FL= 68.99 FL= 55.49 FL= 61.66 FL= 38.93 FL= 47.29 FL= 52.22 FL= 57.48 FL= 20.95 FL= 17.49 FL= 59.06 FL= 58.07 FL= 62.64 FL= 59.06 FL= 61.41 FL= 59.05 FL= 61.78 FL= 60.92 FL= 60.54 FL= 57.14 FL= 56.44BASIN 31 2051 ac.BASIN 34 1110 ac.31313140404043464660606060606060606060606060585653535768666464627373737373737373737373737373738080808075757575757575757575757575757575757575757575757575757581707070707070707070707070707070707070707272727272727272727272727474747474747474747474747474747474747474747474747474747474747474505050505050507777777777777776767676767676767676767676767676767676767676767676767676767676767676767676767676787890888282SEWER 34-ASEWER 34-D SEWER 31-CSEWER 31-CSEWER 34-ASEWER 34-ASEWER 34-ASEWER 34-ASEWER 34-BSEWER 31-ASEWER 34-DSEWER 31-CSEWER 35-CS E W E R 3 4 -B S E W E R 3 4 -B SEWER 34-BSEWER 31-CSEWE R 31-CSEWER 34-DSEW ER 34-DSEWER 34-B18 VCP @ 0.18%Q = 2.8815 VCP @ 0.53%Q = 3.0415 VCP @ 0.50%Q = 2.9510 PVC @ 0.28% Qc =0.7510 PVC @ 0.29% Qc =0.7612 PVC @ 1.00% Qc =2.3010 PVC @ 1.70% Qc =1.8412 PVC @ 0.30% Qc =1.2712 PVC @ 0.32% Qc =1.3010 PVC @ 0.40% Qc =0.891 0 P V C @ 0 .6 7 % Q c =1 .1 6 12 PVC @ 0.21% Qc =1.05102020CITY OF CORPUS CHRISTITEXASWASTEWATER COLLECTION SYSTEMMASTER PLANALLISON SERVICE AREAWASTEWATER DEPARTMENTSHEET 12 of 30APPENDIX DCITY PROJECT # 7236CONTOUR INTERVAL = 1 FT.5151 FLYNN PARKWAY SUITE 314CORPUS CHRISTI, TEXAS 78411www.hdrinc.comPh. 361 857-2216Fax. 361 857-0509800 0Feet38-C-138 ac.LegendPROPOSED LIFTSTATIONPROPOSED FORCEMAINSPROPOSED MANHOLEFL = 40.00PROPOSED SEWER MAIN1' CONTOUR INTERVALSUB BASIN CALL-OUTBASIN 38556 ac.BASIN CALL-OUT81010' CONTOUR INTERVALWASTEWATER BASINWASTEWATER SUB BASINRIVER AREAS NOT IN SERVICE AREAEXISTING LIFT STATIONSEXISTING FORCE MAINSEXISTING MANHOLEEXISTING SEWER MAINSFL = 40.00F MF MQp =Qc =PEAK WASTEWATER FLOWS FOR ULTIMATE DEVELOPMENT (YEAR 2030)CAPACITY OF WASTEWATERCOLLECTION LINESWASTEWATER COLLECTIONSYSTEM MODEL J 15 VCP15 VCP12 PVC12 VCP12 PVC12 PVC18 VCP 16 PVC FM 7 IForce Gravity Effluent-ForceM ain Effluent-Gravity J Wastewater Lift Station Document Path: C:\Users\gabrielh\Desktop\InHouse\Calallen South\Proposed.mxd Date: 9/27/2019 Map by: Utilities GIS 0 360 720180 FeetUS 77CR 52 ALLISON W.W.T.P. SERVICE AREA AMENDMENT 34-D-1290 ac. City Council December 17, 2019 Amendment to the Wastewater Collection System Master Plan Allison W.W.T.P. Service Area Calallen South 1 2 Aerial Overview Calallen South Master Plan Overview Calallen South Master Plan Detail 12” Gravity Line 10” Gravity Line 10” Gravity Line Current Master Plan Infrastructure AREA SERVED BY 12” AREA SERVED BY 10” AREA SERVED BY 10” OCL PROPOSED 10” PROPOSED 10” Master Plan Amendment 290 AC. SERVED BY 12”36 AC. TO BE SERVED BY 10” AS CURRENTLY SHOWN ON MASTER PLAN Staff Recommendation Approve proposed Wastewater Collection System Master Plan Amendment DATE:November 26, 2019 TO:Peter Zanoni, City Manager FROM:Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 CAPTION: Ordinance amending Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA 30 for Airline Crossing Unit 3 located west of Airline Road off Lipes Boulevard; amending Comprehensive Plan; and providing publication (Outside City limits near Council District 5). SUMMARY: This ordinance will amend the City’s adopted wastewater master plan by eliminating a 704-foot section of 12-inch collection line that has become unnecessary now that the adjacent parcels have been platted and the area can be adequately served without this wastewater line. Staff and Planning Commission recommend approval. BACKGROUND AND FINDINGS: AI Development, Inc. (ADI) through Hanson Engineering has requested this amendment as part of the utility design for the approved final plat of the Airline Crossing Subdivision, Unit 3. This single-family subdivision is located south of Veterans Memorial High School and north of the future Del Mar College Southside campus and is the final phase of this development. The Wastewater Collection System Master Plan OSO W.R.P. Service Area, Sub Basin SPA 30 (2006) (Exhibit A) shows a planned 12 -inch collection line beginning at the intersection of Lipes Boulevard and Airline Road extending west 2,900 feet. This wastewater collection system currently exists but is now split into two 12- inch collection lines. This amendment will allow the subject tract to eliminate a section of 12-inch collection line. The elimination of this line will reduce initial construction costs and future maintenance and operations expenditures to the City. A detailed analysis of the capacity of the systems are provided on the attached narrative for the requested Wastewater Master Plan Amendment for Airline Crossing Unit 3 located near Cimarron Boulevard and Lipes Boulevard. AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting December 17, 2019 Second Reading Ordinance for the City Council January 14, 2020 amendment outlining how the removal of this line will not impact any adjacent properties. ALTERNATIVES: No alternatives were considered. FINANCIAL IMPACT: Initial construction costs to the developer and future maintenance and operation expenditures to the City will be eliminated by removing this portion of collection line from the system. RECOMMENDATION: Staff recommends approval of the proposed Wastewater Collection System Master Plan amendment. The Planning Commission recommended approval of the proposed amendment at their October 2, 2019 meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Developer’s Request Letter Presentation Ordinance amending Wastewater Collection System Master Plan, Oso W.R.P. Service Area, Sub Basin SPA 30 for Airline Crossing Unit 3 located west of Airline Rd. off Lipes Blvd; amending Comprehensive Plan; and providing publication. WHEREAS, the Planning Commission has forwarded to the City Council its recommendation concerning the amendments to the Master Sanitary Sewer Plan for OSO W.R.P. Service Area, Sub Basin SPA 30, which are elements of the Comprehensive Plan of the City of Corpus Christi, Texas; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, October 2, 2019, during a meeting of the Planning Commission, and on December 17, 2019, 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 these amendments would best serve public health, necessity, and convenience, and the general welfare of the City of Corpus Christi and its citizens; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Wastewater Collection System Master Plan for Oso W.R.P. Service Area, Sub Basin SPA 30, an element of the Comprehensive Plan of the City of Corpus Christi, Texas (the "Comprehensive Plan"), is amended to eliminate a section of 12” collection line as shown in Exhibits "A" and "B," which are attached to this ordinance and incorporated into this ordinance by reference as if fully set out in their entireties. SECTION 2. To the extent the amendments made by this ordinance represent a deviation from any element of the Comprehensive Plan, the Comprehensive Plan is amended to conform to the amendments made by this ordinance. SECTION 3. The Wastewater Collection System Master Plan for OSO W.R.P. Service Area, Sub Basin SPA 30, as amended from time to time and except as changed by this ordinance, remain 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. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor J J 8 PVC8 PVC8 PVC8 P V C8 PVC 8 PVC 2 7 P V C 12 PVC 18 PVC12 PVC 18 PVC 21 PVC2 4 P V C 12 PVC I Force Gravity Effluent-ForceMain Effluent-Gravity J Wastewater Lift Station Document Path: C:\Users\gabrielh\Desktop\InHouse\Airline Crossing 3\MP.mxd Date: 9/25/2019 Map by: Utilities GIS 0 180 36090 Feet J J 8 PVC8 PVC8 PVC8 P V C8 PVC 8 PVC 2 7 P V C 12 PVC 18 PVC12 PVC 18 PVC 21 PVC2 4 P V C 12 PVC I Force Gravity Effluent-ForceMain Effluent-Gravity J Wastewater Lift Station Document Path: C:\Users\gabrielh\Desktop\InHouse\Airline Crossing 3\MP.mxd Date: 9/25/2019 Map by: Utilities GIS 0 180 36090 Feet AIRLINE CROSSING UNIT 3 WW MASTER PLAN AMENDMENT PROPOSED12" GRAVITYLIPES BLVD BRONX DRA I R L I N E R D RODD FIELD RDX X X X X X X X X ♦ 4501 Gollihar Road. Corpus Christi, TX 78411 ♦ w 361-814-9900 ♦ hanson-inc.com Exhibit 1 0.4088Multifamily Apartments: 0.5008Single Famil y Re si de nti al : 1.593335 1.029728Flow rate MGD (mil li ons gal l ons/day): Flow rate (cubi c fee t/se cond): June 18, 2019 Acre s:69 Units:338 Type : Acre s:0 Units:0 Type : Acre s:22 Units:500 Type :Future Are a (Two RM-1) Existi ng Area (Manhattan Estates) Commerci al Si ngle Family Residenti al Mul ti Fami ly Apartments Gal l ons/(pe rson*day) (GPD):100 400 Variable Used (Subdivision/Multi Family) Infil ration/Inflow (I/I) (Gal lons/(day*Acre )): 3.5 Type : 8 Type : 2 Type :Pe rsons/uni t: Si ngle Fami l y Re si de nti al Commerci al Mul ti Fami l y Apartme nts Pe rsons/uni t: Pe rsons/uni t: Future Area & Existing Area (Two potential RM-1 Properties, Manhattan Estates) People:2183 4.277197Peaking Factor Cal cul ated: 4Peaking Factor Use d:5 (𝑃𝑜𝑝. 1000).2 Runoff produced by Two RM-1 Properties and Manhattan Estates 𝑸𝒊𝒏 𝑬𝒒𝒖𝒂𝒕𝒊𝒐𝒏 (𝑢𝑛𝑖𝑡𝑠∗𝐺𝑃𝐷∗(𝑝𝑒𝑟𝑠𝑜𝑛 𝑢𝑛𝑖𝑡)∗𝑝𝑒𝑎𝑘𝑖𝑛𝑔 𝑓𝑎𝑐𝑡𝑜𝑟)+(𝐴𝑐𝑟𝑒𝑠∗𝐼𝑛𝑓𝑖𝑙𝑡𝑟𝑎𝑡𝑖𝑜𝑛) 1000000 = 0.5008(Million Gallons/Day)(338 ∗100 ∗3.5 ∗4)+(69 ∗400) 10000000 = .0.4088(Million Gallons/Day)(338 ∗100 ∗3.5 ∗4)+(69 ∗400) 10000000 0.9096TOTAL MGD (Mi l l i on Gal l ons/day): Sanitary Pipe Check 12 Material:PVC Slope %:0.2 k:1.486 n:0.013 0.785398 3.141593 0.25Hydraulic Radi us (fe et):Area (square f eet): Diameter (i nche s): Peri meter (fe e t): Mannings Equation V=2.0286987𝑉=(𝑘 𝑛)∗(𝐴 𝑃) 2 3 ∗(𝑆.5)(1.486 0.013)∗(.785398 3.141593)∗(.2.5)(𝑓𝑒𝑒𝑡 𝑠𝑒𝑐.) Q=VA 2.0286987*0.785398 Q=1.593335(𝑓𝑡3 𝑠𝑒𝑐.) 1.029728 >0.9096 The 12” pipe leading to the Airline lift station can have a flow up to 1,029,728 (Million Gallons/day) The additional RM-1 properties and Manhattan Estates will only produce 909,600(Million Gallons/day) Planning Commission October 2, 2019 Amendment to the Wastewater Collection System Master Plan OSO W.R.P Service Area, Sub Basin SPA 30 Area I Airline Crossing Unit 3 1 2 Aerial Overview Lipes Blvd Rodd Field RdAirline Crossing Unit 3 Master Plan Overview Master Plan Detail 12” Gravity Line Current Infrastructure Lipes Blvd Rodd Field Rd12” Gravity Sewer Master Plan Amendment Lipes Blvd Rodd Field Rd12” Gravity Sewer Connection Point of Airline Crossing Unit 3 Elimination of This Section Staff Recommendation Approve proposed Wastewater Collection System Master Plan Amendment AGENDA MEMORANDUM First Reading Ordinance City Council Meeting December 17, 2019 Second Reading Ordinance City Council Meeting January 14, 2020 DATE:December 12, 2019 TO:Peter Zanoni, City Manager FROM:Arlene Medrano, Business Liaison arlenem@cctexas.com 361-826-3356 CAPTION: Ordinance amending Ordinance No. 031927, which created Reinvestment Zone Number Four, City of Corpus Christi, Texas, to correct the Tax Increment Base for the Zone by replacing Exhibit D; and approving the amendments to the Tax Increment Reinvestment Zone #4 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Four, Corpus Christi, Texas, regarding additional ad valorem property values within the zone, and other matters relating thereto. SUMMARY: On November 21, 2019 staff was informed by NCAD of additional properties within the TIRZ #4 that were not included in the initial adoption of the plans. As such, amendments must be made to reflect additional properties valued at $44.1M and staff recommends amending the project and financing plan. Per Chapter 311.011 of Tax Code, Project and Financing Plans and amendments to the plans must be adopted by the Board and by the City Council via Ordinance. Because this amendment increases the total estimated projects costs, the approval must be adopted after a public hearing, which has been posted. BACKGROUND AND FINDINGS: The Nueces County Appraisal District (NCAD) mapping system does not display condominium buildings. Therefore, five condominium buildings were inadvertently left out of the 2019 certified totals report: 1. [Geo 0941] 4242 Gulfbreeze Boulevard (The Breakers Condo) 54 units 2. [Geo 9019] 3938 Surfside (Villa Del Sol Condo) 412 units 3. [Geo 4220] 4000 Surfside (Las Brisas Condo) 81 units 4. [Geo 0545] 202 Reef (Beach Place Condo) 38 units 5. [Geo 0541] 4601 Gulfbreeze (Beachcomber Cottages Townhomes) 5 units Amending TIRZ #4 Creation Ordinance and Amending the TIRZ #4 Project & Financing Plan The total value of these 5 condominium properties is approximately $41,327,319 for 590 individual condominiums. There were additional submerged parcels, non-taxable parcels, and County-only parcels that were not included and which total $2.8 million. Total additional value is $44.1 million. There will be an increase of $285,467 to the City’s base value revenue, the amount of ad valorem that goes to the General Fund every year. See Table 1 below: Table 1. Changes to Base Value The net taxable value within the TIRZ #4 will increase by $44.1 million from approximately $60 million to $105 million. Due to projected growth and the additional values, this increase is projected to add $2.5 million to the TIRZ #4 increment over the next 20 years, or $126,000 per year. See Table 2 below: Table 2. Changes to TIRZ #4 Increment Due to the increase in projected TIRZ #4 increment revenue in the amount of $2,521,021, staff proposes increasing three of the four major project areas accordingly. Because the Zone will contribute 5% of the total incremental ad valorem to Maintenance Projects, that budget is increased to reflect 5% of the new projected 20-year total. There will be no changes to the Administrative Costs Project. Because Infrastructure Projects represent 46% of the total projected increment value, that Project grouping will be increased proportionately to the remaining balance. The same logic will apply to the increase of the Incentives Projects at 42% proportionate increase to the balance of the increase in projected increment. Table 3. Project Cost Amendments Project Areas Adopted Estimated Costs ($) Percentage of Total Proposed Estimated Costs ($) Percentage of Total Difference ($) Infrastructure Projects 14,665,943 46.19%15,919,636 46.45%1,253,693 Maintenance Projects 1,587,681 5.00%1,713,732 5.00%126,051 Incentives 13,250,000 41.73%14,391,277 41.99%1,141,277 Administrative Costs 2,250,000 7.09%2,250,000 6.56%0 Total 31,753,624 100.00%34,274,645 100.00%2,521,021 ALTERNATIVES: An alternative to amending the attached Project and Financing Plan, the City Council could make revisions to the plan to be considered by the TIRZ #4 Board and brought back to Council for consideration. The Ordinance amending the property must be adopted in order to have an accurate accounting of property values within the zone. FISCAL IMPACT: The fiscal impact of this amendment to the Project and Financing Plans would be as follows: Estimated 20-year TIRZ #4 increment revenue increase of $2,521,021 with a projected total project cost increase of the same amount. The fiscal impact of this amendment to the Ordinance would be as follows: The net taxable value within the TIRZ #4 will increase by $44.1M from approximately $60M to $105M. This increase is projected to add $2.5M to the TIRZ #4 over the next 20 years, or $126K per year. Funding Detail: Fund:N/A Organization/Activity:N/A Mission Element:N/A Project # (CIP Only): N/A Account:N/A RECOMMENDATION: Staff recommends approval of the ordinance as presented. Ordinance amending Ordinance No. 031927, which created Reinvestment Zone Number Four, City of Corpus Christi, Texas, to correct the Tax Increment Base for the Zone by replacing Exhibit D; and approving the amendments to the Tax Increment Reinvestment Zone #4 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Four, Corpus Christi, Texas, regarding additional ad valorem property values within the zone, and other matters relating thereto. On November 21, 2019 staff was informed of additional properties within the TIRZ #4 that were not included in the initial adoption of the plans. As such, amendments must be made to reflect additional properties valued at $44.1 million and staff recommends amending the project and financing plan. Per Chapter 311.011 of Tax Code, Project and Financing Plans and amendments to the plans must be adopted by the Board and by the City Council via Ordinance. Because this amendment increases the total estimated projects costs, the approval must be adopted after a public hearing, which has been posted. LIST OF SUPPORTING DOCUMENTS: Ordinance Amended Project and Financing Plan Ordinance amending Ordinance No. 031927, which created Reinvestment Zone Number Four, City of Corpus Christi, Texas, to correct the Tax Increment Base for the Zone by replacing Exhibit D; and approving the amendments to the Tax Increment Reinvestment Zone #4 Amended Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Four, Corpus Christi, Texas, regarding additional ad valorem property values within the zone, and other matters relating thereto. WHEREAS,in 2019, through Ordinance 031927, the City of Corpus Christi created a tax increment financing district, to be known as “Reinvestment Zone Number Four, City of Corpus Christi, Texas,” over a portion of the City on North Beach; WHEREAS,Ordinance 031927 included a preliminary reinvestment zone financing plan; WHEREAS, the final reinvestment zone project and financing plan was approved by City Council on November 19, 2019; WHEREAS,after Ordinance 031927 was passed and the project and financing plan approved, it was discovered that some parcels in the Zone were inadvertently left out of the calculation provided by the Appraisal District; WHEREAS, on December 17, 2019, the Board of Directors of Reinvestment Zone Number Four took action to approve amendments to the language of the Plan; WHEREAS, a public hearing on this amendment was held at the City Council meeting, which began at 11:30 a.m. on December 17, 2019; WHEREAS, the Tax Increment Base needs to be corrected to reflect the current base of the City and Nueces County so that the Tax Increment Fund can accurately reflect the increment received in the Zone; and WHEREAS, Texas Tax Code Section 311.011(d) provides that the governing body of the municipality that designated the zone must approve a project plan or reinvestment zone financing plan after its adoption by the Board and the approval must be by ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Ordinance No. 031927 is hereby amended to correct the Tax Increment Base for the Zone as shown in Exhibit D. Exhibit D to the Ordinance is hereby deleted in its entirety and replaced with the attached Exhibit D, which is incorporated herein. SECTION 2.The City Council approves the amendments to the Revised Project and Financing Plans for the Reinvestment Zone Number Four, City of Corpus Christi, Texas (“the Plan”) for the Reinvestment Zone Number Four, Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Four on December 17, 2019, regarding additional ad valorem property values within the zone, and other matters relating thereto. A copy of the Plan is attached hereto and incorporated. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 20__, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 20__, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 20__. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor December 9, 2019 REINVESTMENT ZONE PROJECT PLAN AND FINANCING PLAN Tax Increment Reinvestment Zone #4 NORTH BEACH, CORPUS CHRISTI, TEXAS December 2019 December 9, 2019 TABLE OF CONTENTS TABLE OF CONTENTS ..................................................................................................... INTRODUCTION ............................................................................................................ 1 Criteria for Zone Creation 1 Vision for North Beach 2 Anticipated Zone Role in North Beach Improvements 2 PROJECT PLAN …………………………………………………………………………………………………………… 3 Existing Uses and Conditions / Boundaries §311.011(b)(1) 3 Exhibit A ‐ Zone Boundaries and Land Use 3 Exhibit B.1 ‐ Existing Land Use 4 Exhibit B.2 ‐ Existing Property Designation 5 Exhibit B.3 ‐ Existing City Limits, City Owned, Port Owned & Proposed TIRZ Parcels 6 Exhibit C ‐ Legal Description of the Zone 7 Municipal Ordinances §311.011(b)(2) 10 City Planned Improvements (Non‐Project Costs) §311.011(b)(3) 11 Relocation §311.011(b)(4) 12 REINVESTMENT ZONE FINANCING PLAN ....................................................................... 13 Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) 13 Economic Feasibility Study §311.011(c)(3) 16 Estimate of Bonded Indebtedness §311.011(c)(4) 16 Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) 16 Method of Financing and Sources of Revenue §311.011(c)(6) 16 Sources of Revenue 16 Current Appraised Value §311.011(c)(7) 19 Estimated Captured Appraised Value §311.011(c)(8) 19 Duration of the Zone §311.011(c)(9) 19 Appendices ................................................................................................................... 20 Appendix A – Economic Feasibility Study §311.011(c)(3) December 9, 2019December 13, 2019December 9, 2019 1 | P a g e INTRODUCTION The City of Corpus Christi is proposing to create a Tax Increment Reinvestment Zone or TIRZ (hereafter referred to as the “Zone”) over a portion of the city that includes the city’s North Beach area along the Bayfront from the Rincon Channel at the north end, south to the USS Lexington, adjacent to the Texas State Aquarium, and west to the Port of Corpus Christi. Criteria for Zone Creation The area within the Zone qualifies for a TIRZ because it suffers from economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment. Conditions meeting the criteria of the Tax Code of the State of Texas, Chapter 311, Section 005 for reinvestment zone designation include: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to the language of Chapter 311, these conditions must “substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use.” The existing conditions in the North Beach area of Corpus Christi hamper investment in residential, retail and hospitality-related property improvements, as outlined in the portions of the Downtown Area Development Plan (DAPD) Residential Market Analysis relevant to North Beach. The conditions outlined above will not be overcome or corrected without significant intervention and assistance from the public sector, therefore satisfying the general criteria for creation of the Zone. December 9, 2019December 13, 2019December 9, 2019 2 | P a g e Vision for North Beach Over 800,000 people visit the Texas State Aquarium and USS Lexington on North Beach each year. Each of those visitors drives through areas with frequent flooding and blighted as well as vacant properties. Corpus Christi’s first impression to over 800,000 people each year is largely a pathway of deferred maintenance, disrepair, and unimproved properties on the way to the beautifully maintained and exciting Texas State Aquarium and USS Lexington. In recent years, the new Harbor Bridge construction has changed the entrance and exit ramps to and from North Beach. These changes will have an enormous impact on access to and from North Beach and its ability to remain the most visited location in all of the Coastal Bend area. The completion of the Harbor Bridge, and demolition of the old bridge, will spur new opportunities for North Beach revitalization. The proposed Zone can directly aid in the realization of this vision while addressing the deficiencies and challenges outlined above. The North Beach Area should have very well maintained infrastructure and public spaces including medians, right of ways, beaches and parks. The North Beach TIRZ could participate in contributing to a high level of proactive maintenance ensuring a clean residential, commercial and tourist community. Anticipated Zone Role in North Beach Improvements The DAPD Analysis of Residential Market Potential, the 2011 North Beach Development Plan and the 2018 North Beach Redevelopment Area Specific Plan indicate the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. Flooding, vacant properties, the aging of existing development, inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in North Beach. However, continued investment by the Texas State Aquarium, changes brought by the new Harbor Bridge, new multi-family construction, new single-family homes, and the City’s commitment to solving flooding issues and to make public amenity improvements are a positive indicator for North Beach. The primary functions of the zone will be to support: • Infrastructure Projects • Maintenance Projects • Development Incentives • Administration of the Zone The zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a transformed public environment in North Beach. By improving and maintaining public spaces with a high level of service, plus increasing density through parking structure, the zone and the other projects will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that North Beach will become a vibrant and economically vibrant urban waterfront district with a variety of tourist, entertainment, residential, retail, and lodging uses, sending a strong first impression to nearly one million annual visitors to Corpus Christi. December 9, 2019December 13, 2019December 9, 2019 3 | P a g e PROJECT PLAN Existing Uses and Conditions / Boundaries §311.011(b)(1) The Zone includes approximately 1,423 acres (454.5 Acres of Land; 968.3 Acres of Water) wholly within the City of Corpus Christi. Its boundaries encompass all of the North Beach area east of the Port of Corpus Christi land, as shown in Exhibit A. A variety of land uses, shown in maps in Exhibit B and described generally below, are present within the proposed TIRZ. A legal description of the Zone is given in Exhibit C. The Texas State Aquarium and the USS Lexington, in the southern area of North Beach, draw more than 800,000 tourists and visitors annually, combined. Removing the Burleson exit leaves only one northbound exit from the new Harbor Bridge, impacting accessibility to these two heavily visited attractions. To the north, the zone transitions to an area of tourist retail, restaurants, hotels, vacant buildings and unimproved land. The beach runs along the eastern portion of the zone. Further north along the beach are multi-story condominiums, city owned Surfside Park, a small number of single-family homes, and a popular city park, Dolphin Park. If funding is determined to be appropriate and TIRZ and City Council choose to fund them, the off shore area allows for the potential inclusion of breakwater barriers. Central North Beach has a linear right of way, formerly a rail easement, owned by the City of Corpus Christi. Timon and Surfside Boulevards run along its edges, acting as a main thoroughfare through North Beach. This right of way is the location of a proposed drainage solution, a canal to mitigate flooding. This North Beach drainage solution could potentially improve stormwater flow on the peninsula. Residents in the northwest portion of North Beach often experience difficulty making the turnaround at the north end of North Beach under the causeway due to flooding. The new Harbor Bridge, TxDOT and the Port of Corpus Christi border the zone to the west. Exhibit A ‐ Zone Boundaries December 9, 2019 4 | P a g e Exhibit B.1: Existing Uses Throughout the Zone December 9, 2019 5 | P a g e Exhibit B.2 Criteria for the Zone December 9, 2019 6 | P a g e Exhibit B.3 Parcels December 9, 2019 7 | P a g e Exhibit C ‐ Legal Description of the Zone December 9, 2019 8 | P a g e December 9, 2019 9 | P a g e December 9, 2019 10 | P a g e Municipal Ordinances §311.011(b)(2) The City is not contemplating any specific changes to municipal ordinances as part of any projects to be undertaken by the Zone. December 9, 2019 11 | P a g e City Planned Improvements (Non‐Project Costs) §311.011(b)(3) It is expected that the City or Corpus Christi, Nueces County, and other public agencies will participate in the rehabilitation of existing and development of new public facilities and infrastructure within the Zone. In addition, various nonprofit organizations, private citizens and developers may also consider efforts to remediate environmental and safety deficiencies on existing private properties. The City of Corpus Christi has identified about $11,882,989 million in projects planned, or just recently completed, for locations partly or wholly within the Zone intended to rehabilitate and improve existing public facilities and infrastructure. TIRZ funds may be used to assist these projects; however, the bulk of funding is anticipated to come from other sources. The table below lists some of these projects. Note: Amounts may not add perfectly due to rounding Current City Planned Improvements (Non‐Project Costs) Project Source Status Projected Cost Gas US 181 at Burleson Due to conflicts with the new bridge construction there will be 860 feet of 6” steel gas line replacement located in the Burleson St. and US181 intersection. Rev Bond Complete $557,788 Breakwater Ave.. at W Causeway Blvd. Due to conflicts with the new bridge construction there will be 425 feet of 2” steel gas line replacement located in the East Causeway Blvd. and Plum St. area. Rev Bond Complete $202,883 Streets North Beach Area Road Improvements & Area Beautification Includes pavement restoration to North Shoreline Boulevard, new wastewater and water lines on North Shoreline Boulevard, and cleaning existing stormwater and wastewater pipes and manholes on Breakwater Avenue and Coastal Avenue. Bond 2012 Streets Storm Water Wastewater Water Substantially Complete $801,500 North Beach Breakwater Plaza, North Shoreline Repair and Enhancement Includes new curb and gutter, sidewalks, ADA ramps, markings, signage, seating, on-street parking enhancements and illumination improvements to North Shoreline Boulevard. Improvements also include a paved surface to Breakwater Plaza and cleaning existing stormwater pipes and manholes on North Shoreline Boulevard. Bond 2012 Substantially Complete $1,623,900 Beach Avenue (E. Causeway Blvd. to Dead End at Gulfbreeze Blvd.) Reconstruction of existing 2-lane roadway with new pavement, curb & gutter, sidewalks, ADA compliant curb ramps, signage, pavement markings and illumination. Includes bike mobility improvements per the adopted MPO bicycle mobility plan and approved in North Beach Area Plan. Bond 2018 In planning phase $1,000,000 N. Beach Area Primary Access (Beach & Timon/Surfside Intersection) Design and construction of a new curved access road from E. Causeway Blvd. onto Timon Blvd. with a new traffic circle at intersection of Timon/Surfside and Beach roads. Provides a new Bond 2018 In planning phase $1,250,000 December 9, 2019 12 | P a g e Relocation §311.011(b)(4) No relocation of existing residents is anticipated to be required as a result of the Zone’s projects. route for the single access road into North Beach from the new Harbor Bridge. Traffic circle connects Timon/Surfside and Beach and converts Beach Avenue to one-way from Surfside to E. Causeway Blvd. New Traffic circle also allows development of new gateway feature for the entry into North Beach approved in the North Beach Area Plan. N. Beach Gulfspray Ave. Pedestrian/Bike Access (Beach Access to E. Causeway Blvd.) Pedestrian and bicycle infrastructure improvements to create a new train for improved access from Harbor Bridge and the beach approved in the North Beach Area Plan. Bond 2018 In planning phase $300,000 N. Beach Coastal Protection (Breakwater Barrier) Preliminary engineering and permitting with USACE, GLO, Port of Corpus Christi and other agencies for the design and construction of new breakwater barriers to mitigate beach erosion and coastal flooding as approved in the North Beach Area Plan. Bond 2018 In planning phase $250,000 Water US 181-Beach Ave to Elm St Due to conflicts with the new bridge construction there will be 3000 feet of 12” waterline replacement, 600 feet of 16” waterline replacement and 800 feet of 6” waterline replacement to maintain water quality. The work is concentrated on the east side of US181 between Reef Ave. and Burleson St. Rev Bond 90% complete by TxDOT $3,715,322 Breakwater- W. Causeway Blvd Due to conflicts with the new bridge construction there will be 500 feet of 12” waterline replacement to maintain water quality. The work is located on Breakwater Ave. between Avenue F and East Causeway Blvd. Rev Bond 90% complete by TxDOT $1,021,191 Wastewater Due to conflicts with the new bridge construction there will be 500 feet of 4” wastewater force main replacement and abandonment of a total of 1000 feet of 6” and 8” gravity sewer main. This work is located west side of the existing US181 between Burleson St. and Avenue F. US 181 at Plum St. Rev Bond 90% complete by TxDOT $201,649 US 181 at E Walnut St Rev Bond 90% complete by TxDOT $446,815 Burleson St from US 181 SBFR to Seagull Rev Bond 90% complete by TxDOT $411,941 Parks and Recreation North Beach Historic Plaza Placement and installation of a series of historical panels in North Beach plaza currently being constructed as part of Bond 2012. Hotel Occupancy Tax Dec 2019 $100,000 Total $11,882,989 December 9, 2019 13 | P a g e REINVESTMENT ZONE FINANCING PLAN Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) The Zone is anticipated to engage in projects that will support development and economic activity as well as contribute to the image and attractiveness of North Beach Corpus Christi on a local, regional, and national level. In addition, the Zone will pay the costs of Zone creation and ongoing administration. The following are project cost estimates and should not be construed as definitive costs for the listed projects (not listed in priority order). 1. INFRASTRUCTURE PROJECTS: $14,665,943 15,919,636 A. Wayfinding Infrastructure – The Zone may participate in proposed construction of gateway features with wayfinding throughout North Beach. It may also build multi-use paths to major tourists destinations. B. Park Improvements – The Zone may contribute to enhancements to Dolphin Park, Surfside Park, and Kiwanis and construct a North Beach birding park (Eco Park). C. Demolition of Blighted Structures – Many older vacant or underutilized buildings within the Zone are not economically feasible to reuse because they contain environmentally undesirable or unsafe elements that present a public safety hazard. The Zone may provide assistance to property owners and developers who must remediate or demolish such structures in order to develop or redevelop. D. Public Safety – With the purpose of increasing safety and security within the Zone, the Zone will provide support for security cameras and associated costs or other one-time security equipment and system devices. E. Drainage- The Zone may contribute financially to addressing infrastructure improvements that would reduce tidal and stormwater related flooding. F. Residential Streets- In November 2016, the voters approved a Charter Revision to Article VIII. Taxation and Bonds, Section 1. Taxation of the City’s Charter which authorized the City Council to levy, assess and collect a property tax not to exceed six cents per $100 valuation for residential street reconstruction to be gradually implemented at a rate not to exceed two cents per $100 valuation per year (i.e. 2+2+2 = 6 cents). The City Council exercised that authority in FY 2018 and in FY 2019. The additional four cents and potential additional two cents must be used for residential streets as approved by the residents of Corpus Christi on November 8, 2016. City Charter Art. VIII, Sec. 1(c): (c) A dedicated fund to be used solely for residential street reconstruction is established, and the city council is authorized each year to levy, assess and collect a property tax not to exceed six cents ($0.06) per one hundred dollars ($100.00) of assessed value for the purpose of residential street December 9, 2019 14 | P a g e reconstruction to be deposited in such fund. Said taxes shall be used solely for the purpose of residential street reconstruction, including associated architectural, engineering and utility costs, and shall be implemented gradually at a rate not to exceed two cents ($0.02) per one hundred dollars ($100.00) of assessed value per year. For the purposes of this provision, the term "reconstruction" is defined as removing all or a significant portion of the pavement material and replacing it with new or recycled materials. The dedicated fund established by this subsection (c) may not be used for payment of debt service. 2. MAINTENANCE PROJECTS: $1,587,681 1,713,732 A. North Beach Public Spaces Beautification & Revitalization Programs & Services - The Zone may contribute 5% of the total incremental ad valorem taxes collected per year in the Zone to beautification projects including the creation of or enhancements to common areas, roadway and median streetscapes, pedestrian landscapes, beach renourishment and beautification, wayfinding signage, lighting, public facilities and any services relating to such program. 3. INCENTIVES: $13,250,000 14,391,277 All Development Incentives are approved at the discretion of the TIRZ Board. A. Project Specific Development Agreement- In situations where higher development costs create a financing gap, TIRZ #4 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net ad valorem new tax increment on new developments, including mixed-use developments. A pro-forma is required to qualify for up to 75% of the qualifying tax increment for 10 years, unless the gap suggests that additional time is required. • The total reimbursement by the TIRZ #4 will not exceed 20% of the total project cost if a development is at least 20,000 square feet or creating 100 or more new residential units. • The total reimbursement by the TIRZ #4 will not exceed 10% of the total project cost if a development is at least 5,000 square feet but less than 20,000 square feet or creating at least 25 but less than 100 new residential units. If further gap exists, staff will undertake additional third-party review to justify any additional reimbursement up to 95% of the qualifying tax increment for 10 years, unless the gap suggests that additional time is required based on the “but, for” principle. The qualifying cost elements for this Project Specific Development Agreement include those listed in the paragraph above and also: • Environmental Remediation/Code Compliance • Historic Preservation • Structured Parking, including availability for public parking • Urban Design/Landscaping • Public Improvements/Utilities, including drainage To incent developers to build more than one project on North Beach, the TIRZ Board will consider reimbursement of net ad valorem new tax increment on all of the developer’s properties within the TIRZ boundary. December 9, 2019 15 | P a g e B. North Beach Property Improvement Program – This grant will support and encourage private investment in the existing structures and facilities already built on North Beach. The Zone will match approved property improvements funded by the property owners. The Zone will consider a match of 50/50 (Property Owner / TIRZ #4), depending upon the extent to which the scope of the project meets the priorities of the Zone. C. North Beach Living Initiative– In order to stimulate the development of North Beach and quickly build residential density in the area, the Zone will establish a grant that will provide a $10,000 per dwelling unit reimbursement for multi-family developments of over 10 units. Any applicant awarded a grant must obtain a Building Permit for the entirety of such project(s) within six (6) months of award of such grant. If a Building Permit is not obtained within the six- month time period, then the grant will be forfeited. 4. ADMINISTRATIVE COSTS: $2,250,000 A. Creation – ($250,000) Zone shall reimburse the City for City incurred expenses related to the costs of creating the Zone. B. Administration – ($2,000,000) Zone funds shall pay for the City’s costs of ongoing administration of the Zone including but not limited to accounting, legal services, document production and maintenance, and other administrative costs. These costs are estimated at $100,000 per year for the 20‐year life of the Zone. Project Costs are Estimated as Follows: Infrastructure, Maintenance and Incentives $29,503,62432,024,645 Administrative Costs $2,250,000 TOTAL $ 31,753,62434,274,645 Economic Feasibility Study §311.011(c)(3) Several market and economic feasibility studies for the Zone have been completed. The MJB Consulting “Retail Market Analysis and Strategy” and the Zimmerman/Volk Associates “Office, Retail, and Hotel Market Assessment” are provided under separate cover. In addition, a feasibility analysis by Landmark Renewal was completed in August 2019, which is included in Appendix A to this Plan. December 9, 2019 16 | P a g e Estimate of Bonded Indebtedness §311.011(c)(4) It is not initially anticipated that the Zone will issue bonded debt; instead the Zone’s projects will be funded on a pay‐as‐you‐go basis or utilize other financing methods. However, if the annual Zone revenue and available non‐bonded debt financing are insufficient to address the needs of the Zone, the Zone may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual Zone revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) Costs will be incurred over the life of the Zone based on its Board of Directors’ identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay‐as-you‐ go project expenditure approach or a bonded debt issuance. Method of Financing and Sources of Revenue §311.011(c)(6) Methods of financing. The Zone will initially take a pay‐as‐you‐go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from the Developer’s property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. If future Zone revenues to support debt service payments are anticipated, the Zone may also issue bonded debt, the term of which will not extend past the expected life of the Zone. Sources of revenue. The primary source of revenue for the Zone will be funds from the contributed property tax collections of the City of Corpus Christi and Nueces County on the taxable property value increment within the Zone. It is currently projected that the County will agree to participate in funding the Zone with 100% of the incremental property taxes collected over the life of the Zone and that the City will participate in the funding of the Zone based on the table below. If City reaches $20 million, then the City shall cease contributions to the increment. It is anticipated that Del Mar College will be a participant in the TIRZ. TABLE- TIRZ Contributions Taxing Entity Maximum Dollar Contribution Increment Percentage Tax Year(s) City of Corpus Christi $20,000,000 100% 2019 through 2028 75% 2029 through 2038 Nueces County None 100% 2019 through 2038 December 9, 2019 17 | P a g e The assessed value base year for the City of Corpus Christi and Nueces County is 2019. The projection of incremental property tax revenue contributed to the Zone is as follows: Certified Appraised Values Base value is from 2019 (January 1, 2019) taxable appraised value. Values in future years are based on current development projections. December 9, 2019 18 | P a g e Net Taxable Values from the Certified Roll 2019 (*with estimated development) December 9, 2019 19 | P a g e 3% Fiscal Year Tax Year Values City County Total City County County 100% City Scaled FY 20 2019 104,512,349 675,426 325,648 1,001,074 FY 21 2020 107,647,719 695,688 335,417 1,031,106 20,263 9,769 30,032 FY 22 2021 110,877,151 716,559 345,480 1,062,039 41,133 19,832 60,965 FY 23 2022* 188,203,466 1,216,291 586,419 1,802,711 540,866 260,771 801,637 FY 24 2023 193,849,570 1,252,780 604,012 1,856,792 577,354 278,364 855,718 FY 25 2024* 238,165,057 1,539,175 742,094 2,281,269 863,749 416,446 1,280,195 FY 26 2025 253,035,008 1,635,274 788,427 2,423,701 959,848 462,779 1,422,627 FY 27 2026 268,582,809 1,735,754 836,872 2,572,626 1,060,328 511,224 1,571,552 FY 28 2027 284,835,745 1,840,791 887,514 2,728,305 1,165,365 561,866 1,727,231 FY 29 2028 301,822,134 1,950,568 940,442 2,891,009 1,275,142 614,794 1,889,936 FY 30 2029 319,571,353 2,065,275 995,746 3,061,021 1,042,387 670,098 1,712,485 FY 31 2030 338,113,886 2,185,108 1,053,522 3,238,631 1,132,262 727,874 1,860,136 FY 32 2031 357,481,357 2,310,273 1,113,869 3,424,142 1,226,136 788,221 2,014,357 FY 33 2032 377,706,573 2,440,982 1,176,888 3,617,870 1,324,167 851,240 2,175,407 FY 34 2033 398,823,569 2,577,453 1,242,686 3,820,140 1,426,521 917,038 2,343,559 FY 35 2034 420,867,649 2,719,916 1,311,373 4,031,289 1,533,368 985,725 2,519,093 FY 36 2035 443,875,433 2,868,607 1,383,063 4,251,670 1,644,886 1,057,415 2,702,301 FY 37 2036 467,884,902 3,023,772 1,457,873 4,481,645 1,761,259 1,132,225 2,893,485 FY 38 2037 492,935,452 3,185,664 1,535,928 4,721,592 1,882,679 1,210,280 3,092,959 FY 39 2038 519,067,939 3,354,549 1,617,353 4,971,903 2,009,343 1,291,705 3,301,048 39,989,906 19,280,626 59,270,532 21,487,056 12,767,668 34,254,724 Tax Increment TOTALS Year Tax Revenue 3% Fiscal Year Tax Year Values City County Total City Scaled County County 100% City Scaled FY 20 2019 60,689,500 392,214 189,101 581,316 FY 21 2020 62,510,185 403,981 194,774 598,755 11,766 5,673 17,439 FY 22 2021 64,385,491 416,100 200,617 616,718 23,886 11,516 35,402 FY 23 2022* 140,317,055 906,819 437,211 1,344,030 514,604 248,110 762,714 FY 24 2023 144,526,567 934,023 450,327 1,384,351 541,809 261,226 803,035 FY 25 2024* 187,362,364 1,210,856 583,799 1,794,654 818,641 394,697 1,213,339 FY 26 2025 200,708,235 1,297,105 625,383 1,922,488 904,891 436,282 1,341,172 FY 27 2026 214,686,232 1,387,440 668,937 2,056,376 995,225 479,835 1,475,061 FY 28 2027 229,322,271 1,482,027 714,541 2,196,568 1,089,813 525,439 1,615,252 FY 29 2028 244,643,256 1,581,041 762,279 2,343,320 1,188,827 573,178 1,762,005 FY 30 2029 260,677,109 1,684,662 812,239 2,496,901 969,336 623,137 1,592,473 FY 31 2030 277,452,814 1,793,078 864,510 2,657,587 1,050,647 675,408 1,726,056 FY 32 2031 295,000,453 1,906,482 919,186 2,825,668 1,135,701 730,085 1,865,785 FY 33 2032 313,351,242 2,025,076 976,365 3,001,441 1,224,646 787,264 2,011,910 FY 34 2033 332,537,578 2,149,071 1,036,147 3,185,218 1,317,642 847,046 2,164,688 FY 35 2034 352,593,078 2,278,682 1,098,638 3,377,320 1,414,851 909,537 2,324,387 FY 36 2035 373,552,625 2,414,136 1,163,945 3,578,081 1,516,441 974,844 2,491,285 FY 37 2036 395,452,410 2,555,667 1,232,182 3,787,849 1,622,589 1,043,081 2,665,670 FY 38 2037 418,329,985 2,703,516 1,303,466 4,006,982 1,733,476 1,114,365 2,847,841 FY 39 2038 442,224,308 2,857,936 1,377,918 4,235,854 1,849,292 1,188,817 3,038,108 32,379,912 15,611,564 47,991,477 19,924,084 11,829,540 31,753,624 TOTALS Year Tax Revenue Tax Increment Total December 9, 2019 20 | P a g e According to these projections, 63% of the tax increment revenues will come from the City of Corpus Christi and 37% will come from Nueces County. Revenue estimates will be monitored and adjusted annually. The 2019 tax rate applicable to the reinvestment zone is $0.957852 (or approximately $0.96) per $100 of assessed valuation, broken down as follows: City of Corpus Christi 0.646264 Nueces County 0.311588 Total 0.957852 Applying the 2019 tax rate of $0.957852 per $100 assessed valuation to the 2019 total certified roll taxable value of properties within the zone, property taxes of $581,3161,001,074 are generated. This amount produced from the tax increment base (or the “frozen base”) will continue to be allocated and paid to the taxing entities levying taxes in the zone area, based on their respective tax rates. Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Current Appraised Value §311.011(c)(7) According to the Nueces County Appraisal District, the 2019 certified roll total assessed value for the Zone for the City of Corpus Christi as of July 26, 2019 is $64,724,132198,076,260. Due to differences in policies regarding exemptions and tax abatements, the net taxable values differ among the two jurisdictions. According to the Nueces County Appraisal District, the 2019 certified roll net taxable value for the Zone as of July 26, 2019 is $60,689,500104,861,392 for the City of Corpus Christi and $59,657,026102,791,043 for Nueces County. Estimated Captured Appraised Value §311.011(c)(8) The table above provides the projected schedule of taxable value increment captured by the Zone over its proposed 20‐year duration. There is a column shown for each entity. Captured value projections assume a 3.0% annual value appreciation rate for existing development. In year 2022, the development currently underway on North Beach, LaVista Pointe Apartments, will be complete with an estimated future property value increase of $24 million. Additionally, there are other developments planned throughout the zone with a combined projected increase in value of $105 million. Based on calculations in the TIRZ # 4 Feasibility Analysis, beginning in 2024 and continuing throughout the remaining life of the Zone, 22 apartment units valued at $150,000 each and 12 condominium or townhome units valued at $300,000 each, are projected to be added to the tax rolls each year. The per unit amounts are adjusted for inflation at 3% per year. The tax increment is the amount of property taxes produced yearly during the term of the reinvestment zone on the captured appraised value. This value is the appraised value of taxable real property within December 9, 2019 21 | P a g e the reinvestment zone which exceeds the tax increment base. The table above shows estimated TIRZ revenues over the 20 life of the zone to be as follows: City of Corpus Christi: $19,924,08421,487,056 Nueces County: $11,829,54012,767,668 Total $31,753,62434,254,724 Duration of the Zone §311.011(c)(9) The proposed duration of the Zone is twenty years from the time of its creation. Assuming creation in 2019, the Zone would expire after 2038. City Council may, by ordinance, extend the length of the TIRZ to allow additional time to expend funds. Appendices Appendix A – Economic Feasibility Study §311.011(c)(3) Feasibility Analysis Tax Increment Reinvestment Zone # 4 North Beach Area City of Corpus Christi, Texas August 2019 2 | P a g e A p p e n d i x A -E c o n o m i c F e a s i b i l i t y A n a l y s i s Jim Johnson, PhD Landmark Renewal 3 | P a g e A p p e n d i x A -E c o n o m i c F e a s i b i l i t y A n a l y s i s I. Introduction The North Beach area of Corpus Christi, Texas, already a leading tourist destination with 800,000 visitors annually, is primed for accelerated redevelopment upon completion of the new Harbor Bridge and demolition of the old bridge. A number of planning processes have focused on the area, producing a wealth of reports including: • North Beach Development Plan (November 2011) - NBDP • Zimmerman Volk Associates: Residential Market Potential (October 2014) - ZVA • North Beach Redevelopment Area Specific Plan (February 2018) - NBRA • Downtown Area Development Plan, Corpus Christi (March 2018) - DADP In addition, the Market and Economic Feasibility Study Update for TIRZ # 2 (July 2019), contains a detailed residential, retail and hotel development analysis of the Corpus Christi metropolitan statistical area (MSA) applicable in part to North Beach. The feasibility of a tax increment reinvestment zone (TIRZ) depends on whether tax increment stimulated by TIRZ improvements will cover the costs of those improvements, leaving local tax jurisdictions better off at termination of the TIRZ than they would be without a TIRZ. While some new development would occur regardless, establishing the zone provides a revenue source for public improvements that can spur additional and more intensive development than would otherwise occur. The year in which a TIRZ is established becomes its base year, with each succeeding year’s incremental tax revenues pledged to a fund controlled by the zone’s board of directors. Local taxing jurisdictions may contribute up to 100% of their tax increment. TIRZ revenues depend on: • Overall changes in property valuations; • Timing and value of new development; and • Loss of value from demolition of existing improvements. Once the zone has sufficient revenue, infrastructure improvements should coincide with and enable associated private investment (DADP, p. 26). This analysis assumes that TIRZ spending will be based on articulated stakeholder and planning priorities, such as the February 2018 North Beach Redevelopment Initiative Near-Term Projects and Mid- and Long-Term Projects lists. 4 | P a g e A p p e n d i x A -E c o n o m i c F e a s i b i l i t y A n a l y s i s II. TIRZ Revenue Projection City of Corpus Christi is expected to participate at 100% for the first ten years and at 75% for the last ten years. Nueces County is expected to participate with 100% of tax increment for the full length of the TIRZ. Base year taxable values vary slightly between jurisdictions, primarily due to differing property tax exemptions offered. Exemptions on owner-occupied residential property include homestead and the over-65 tax freeze. For purposes of these projections, we assume the effect of these exemptions will be small since most existing and new development will be commercial, including multifamily, that is ineligible for these residential exemptions. The aggregate value of single family residential property tax exemptions changes slowly over time. We assume no effect from commercial property tax abatements that could be offered by participating jurisdictions. The following projections of TIRZ revenue are based on the following assumptions: • 3% annual growth in taxable property valuations • Completion of a $24 million apartment complex, LaVista Pointe, in 2022 • New residential development in North Beach equivalent to 22 new apartment units and 12 new condominium or townhome units per year beginning in 2024 Prudence requires a conservative bias in revenue assumptions so that TIRZ spending can be reasonably planned. There is no assumption of added taxable value from retail/commercial or hotel/hospitality/tourism-related new development, despite a reasonable possibility of such investments. According to ZVA (p. 42), the residential “market is constrained in North Beach due to the additional cost of development incurred by flooding issues.” In the five years since the ZVA report, no multifamily residential development has been completed. The TIRZ revenue forecast assumes that a flooding mitigation solution, such as the proposed canal (NBRI Alternative 2), is devised and implemented by the City of Corpus Christi within the next five years. While drainage improvements are unlikely to erase the additional costs of development in North Beach, it should substantially ease that market constraint, making the ZVA residential projections for North Beach realizable in the future. LaVista Pointe, a 150-unit apartment complex, is planned for completion around 2022. ZVA projects North Beach annual residential absorption over a 10-year period of 44-53 apartment units and 26-31 condominium and townhome units. Taking a middle point of those projections, or 48 apartment units 5 | P a g e A p p e n d i x A -E c o n o m i c F e a s i b i l i t y A n a l y s i s and 28 condo/townhome units, times 10 years, and subtracting the 150 completed apartment units, results in a projection of 330 additional apartment units and 280 new condo/townhome units after 2024. This analysis assumes that tax revenue from these units is, conservatively, spread over a 15-year period beginning in 2024, after LaVista Pointe has likely reached stabilized occupancy. Apartments are estimated at $150,000 per unit and condos and townhomes at $350,000 at the beginning of the 15-year period, with 3% inflation for new construction in each succeeding year. The 2024 per unit values discounted back to 2019 values at 3% per year equal about $129,000 per apartment unit and $300,000 per condo/townhome unit. While the TIRZ revenue forecast involves no additional retail or hotel development, TIRZ infrastructure should make high intensity tourism-oriented development appealing to the private sector. In particular, TIRZ infrastructure, a canal or other drainage solution, and right of way opened up by demolition of old the Harbor Bridge ramps, together should enable the transformative potential of high-density mixed-use development and structured parking near existing tourist attractions and associated parking needs (DADP, p. 87). “Opportunities here could include hotels, other tourism-related uses, and surface parking serving the beach and other visitor destinations.” (DADP, p. 85) III. TIRZ Projects, Costs and Timing The proposed TIRZ project list is derived from the planning documents listed above and stakeholder input. Project costs are estimates derived from similar types of projects, and therefore should not be construed as definitive costs for the listed projects. The TIRZ Project Plan should contain cost estimates in categories of spending rather than for specific projects, which over the 20-year life of the zone may change conceptually and in terms of scope and extent. Among recommendations of the DADP are the following: • Restore street connections where old Harbor Bridge is removed, and provide “convenient, attractive access at Beach Ave. connecting to Surfside and Timon Blvd.” (p. 32) • Build a “new multi-use path extending along Beach Ave. to the Beachwalk, and along Timon and Surfside Blvd. to the Texas State Aquarium ferry dock.” (p. 36) • “Complete North Beach birding park and Timon/Surfside path within 5 years.” (p. 36) • “Create a welcoming Beach Ave. gateway at the new point of entry to North Beach off the Harbor Bridge.” (p. 86) 6 | P a g e A p p e n d i x A -E c o n o m i c F e a s i b i l i t y A n a l y s i s • “A new ‘North Beach Blvd.’ should also be created through the redesign of existing Timon and Surfside Blvd. with street upgrades, a new wide multi-purpose path for pedestrians and bicyclists…and planting the center median with a rich palette of native, coastal plant species.” (p. 86) The North Beach TIRZ should include the following project categories: Roads and wayfinding • Beach Ave. roadway/pedestrian improvements and area beautification • Construction of Traffic Circle at the intersection of Beach Ave. with Surfside Blvd. and Timon Blvd. including gateway feature with wayfinding Parks • Dolphin Park improvements • Surfside Park improvements • Kiwanis Park and Community Center improvements Other infrastructure Demolition of blighted structures Structured parking 7 | P a g e A p p e n d i x A -E c o n o m i c F e a s i b i l i t y A n a l y s i s Cumulative revenue is projected as follows: TIRZ spending could begin as early as 2022 on modest improvements, but assuming a pay-as-you-go structure, major infrastructure spending would have to wait at least until approximately $2.83.0 million had been accumulated in 2024. A parking structure would have to wait until near the end of the TIRZ lifetime, unless a private developer could be induced to build a garage in a public-private partnership earlier than that. With the opportunity of vacated ROW from the demolished Harbor Bridge ramps, such a partnership is feasible, perhaps in conjunction with an on-street meter parking policy as envisioned by the DADP (p. 28). . Fiscal Year Tax Year Annual Cumulative FY 20 2019 FY 21 2020 17,439 17,439 FY 22 2021 35,402 52,842 FY 23 2022 762,714 815,556 FY 24 2023 803,035 1,618,591 FY 25 2024 1,213,339 2,831,929 FY 26 2025 1,341,172 4,173,102 FY 27 2026 1,475,061 5,648,162 FY 28 2027 1,615,252 7,263,415 FY 29 2028 1,762,005 9,025,419 FY 30 2029 1,592,473 10,617,893 FY 31 2030 1,726,056 12,343,949 FY 32 2031 1,865,785 14,209,734 FY 33 2032 2,011,910 16,221,644 FY 34 2033 2,164,688 18,386,332 FY 35 2034 2,324,387 20,710,720 FY 36 2035 2,491,285 23,202,005 FY 37 2036 2,665,670 25,867,675 FY 38 2037 2,847,841 28,715,516 FY 39 2038 3,038,108 31,753,624 Year Revenue Fiscal Year Tax Year Annual Cumulative FY 20 2019 FY 21 2020 30,032 30,032 FY 22 2021 60,965 90,998 FY 23 2022 801,637 892,635 FY 24 2023 855,718 1,748,353 FY 25 2024 1,280,195 3,028,548 FY 26 2025 1,422,627 4,451,175 FY 27 2026 1,571,552 6,022,728 FY 28 2027 1,727,231 7,749,959 FY 29 2028 1,889,936 9,639,895 FY 30 2029 1,712,485 11,352,379 FY 31 2030 1,860,136 13,212,516 FY 32 2031 2,014,357 15,226,872 FY 33 2032 2,175,407 17,402,280 FY 34 2033 2,343,559 19,745,839 FY 35 2034 2,519,093 22,264,932 FY 36 2035 2,702,301 24,967,232 FY 37 2036 2,893,485 27,860,717 FY 38 2037 3,092,959 30,953,676 FY 39 2038 3,301,048 34,254,724 Year Revenue Nueces County As of Certification2019 CERTIFIED TOTALS C03 - CITY OF CORPUS CHRISTI Grand TotalsProperty Count: 1,061 10:29:38AM12/2/2019 Land Value Homesite:9,488,496 Non Homesite:41,831,252 Ag Market:0 Timber Market:51,319,748Total Land (+)0 Improvement Value Homesite:56,152,690 Non Homesite:90,413,340 Total Improvements (+)146,566,030 Non Real ValueCount Personal Property:00 Mineral Property:00 Autos:00Total Non Real (+)0 Market Value =197,885,778 ExemptAg Non Exempt 00Total Productivity Market: Ag Use:00 0 (-)Productivity Loss Timber Use:00 =Appraised Value 197,885,778 Productivity Loss:00 304,863(-)Homestead Cap =Assessed Value 197,580,915 (-)Total Exemptions Amount (Breakdown on Next Page) 92,719,523 =Net Taxable 104,861,392 Freeze Assessed Taxable Actual Tax Ceiling Count 330,835 47,685 308.17 411.25 6DP 9,567,781 5,271,864 22,282.04 25,343.36 64OV65 Total 9,898,616 5,319,549 25,754.61 Freeze Taxable (-)22,590.21 70 5,319,549 Tax Rate 0.646264 =99,541,843Freeze Adjusted Taxable APPROXIMATE LEVY = (FREEZE ADJUSTED TAXABLE * (TAX RATE / 100)) + ACTUAL TAX 665,893.31 = 99,541,843 * (0.646264 / 100) + 22,590.21 Tax Increment Finance Value:0 Tax Increment Finance Levy:0.00 Page 1 of 4C03/595028 Nueces County As of Certification2019 CERTIFIED TOTALS C03 - CITY OF CORPUS CHRISTI Exemption Breakdown StateLocalExemption Count Total 12/2/2019 10:30:02AMProperty Count: 1,061 Grand Totals DP 6 268,114 0 268,114 DV1 1 0 5,000 5,000 DV2 1 0 7,500 7,500 DV3 1 0 10,000 10,000 DV4 4 0 48,000 48,000 DVHS 6 0 1,007,204 1,007,204 EX 1 0 1,200,000 1,200,000 EX-XV 61 0 85,059,967 85,059,967 HS 121 1,655,087 0 1,655,087 OV65 72 3,408,651 0 3,408,651 OV65S 1 50,000 0 50,000 Totals 5,381,852 87,337,671 92,719,523 Page 2 of 4C03/595028 Nueces County As of Certification2019 CERTIFIED TOTALS GNU - NUECES COUNTY Grand TotalsProperty Count: 1,111 10:29:38AM12/2/2019 Land Value Homesite:9,488,496 Non Homesite:42,319,097 Ag Market:0 Timber Market:51,807,593Total Land (+)0 Improvement Value Homesite:56,152,690 Non Homesite:90,420,840 Total Improvements (+)146,573,530 Non Real ValueCount Personal Property:00 Mineral Property:00 Autos:00Total Non Real (+)0 Market Value =198,381,123 ExemptAg Non Exempt 00Total Productivity Market: Ag Use:00 0 (-)Productivity Loss Timber Use:00 =Appraised Value 198,381,123 Productivity Loss:00 304,863(-)Homestead Cap =Assessed Value 198,076,260 (-)Total Exemptions Amount (Breakdown on Next Page) 95,285,217 =Net Taxable 102,791,043 Freeze Assessed Taxable Actual Tax Ceiling Count 330,835 24,331 74.86 164.39 6DP 9,567,781 3,740,377 7,692.02 9,573.41 64OV65 Total 9,898,616 3,764,708 9,737.80 Freeze Taxable (-)7,766.88 70 3,764,708 Tax Rate 0.307689 =99,026,335Freeze Adjusted Taxable APPROXIMATE LEVY = (FREEZE ADJUSTED TAXABLE * (TAX RATE / 100)) + ACTUAL TAX 312,460.02 = 99,026,335 * (0.307689 / 100) + 7,766.88 Tax Increment Finance Value:0 Tax Increment Finance Levy:0.00 Page 3 of 4GNU/595059 Nueces County As of Certification2019 CERTIFIED TOTALS GNU - NUECES COUNTY Exemption Breakdown StateLocalExemption Count Total 12/2/2019 10:30:02AMProperty Count: 1,111 Grand Totals DP 6 284,796 0 284,796 DV1 2 0 10,000 10,000 DV2 1 0 7,500 7,500 DV3 1 0 10,000 10,000 DV4 4 0 48,000 48,000 DVHS 6 0 1,007,204 1,007,204 EX 1 0 1,200,000 1,200,000 EX-XV 71 0 85,242,630 85,242,630 HS 121 3,258,371 0 3,258,371 OV65 72 4,154,216 0 4,154,216 OV65S 1 62,500 0 62,500 Totals 7,759,883 87,525,334 95,285,217 Page 4 of 4GNU/595059 DATE:November 20, 2019 TO:Peter Zanoni, City Manager FROM:Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance accepting a $282,848.09 grant from State of Texas, Criminal Justice Division for Victims of Crime Act Outreach Program with City match of $61,112.03 and in-kind match of $9,600 from Police General Fund; appropriating the $282,848.09 in Police Grants Fund; authorizing transfer of $61,112.03 from the Police General Fund to the Police Grants Fund and appropriating the same for total project cost of $353,560.12, and authorizing a staff complement of 3 FTE's. SUMMARY: Funding is available from the State of Texas, Criminal Justice Division, to continue the program within the Police Department which provides funds to projects with the primary mission of providing direct services to victims of crime. BACKGROUND AND FINDINGS: The grant continues the Victim Assistance Program to provide assistance to victims and family members with the goal of lessening the short and long-term trauma experienced as a direct result of victimization. Victims and their family members are provided with information, reassurance, and guidance for resolving problems and referrals to other social service agencies. The grant covers the salary/benefits for three Victim Case Managers who provide services to victims including information and referral, criminal justice support and case information, assistance with filing forms for benefits available through the Crime Victims’ Compensation under the Texas Crime Victims Compensation Act, informing victims of their rights as victims, advocating on victims behalf with other agencies and within the criminal justice system, and transportation to shelter or to court. Primary and secondary victims of crime are assisted to help stabilize their lives after victimization, help victims to understand and participate in the criminal justice system, and provide victims of crime with a measure of safety and security. The case managers also work closely through coalitions and with other agencies in an ongoing effort to identify needs and to improve the quality and continuity of services to victims in the Accepting and appropriating the Victims of Crime Act Grant (VOCA) within the Police Department AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 17, 2019 Second Reading Ordinance for the City Council Meeting January 14, 2020 community. The State provides $282,848.09 for the salary/benefits of three Victim Case Managers. Volunteer hours contribute $9,600 as an in-kind contribution, and the City contributes $61,112.03 over the two-year period for training, travel, supplies and miscellaneous equipment as the required 20% match. The funding is not on a declining percentage or ending funding cycle. This grant period will be 10/01/2019 – 06/30/2019. This will be the 20 th and 21 st years of program funding. ALTERNATIVES: The alternative of not accepting the funds will cause the program to be curtailed. FISCAL IMPACT: Funding for the City match of $61,112.03 (over two fiscal years) is budgeted in FY20 under cash contribution to grants. It will also be budgeted in FY21. Funding Detail: Fund:1020 Organization/Activity: 60035 Police General Fund Mission Element:152 Project # (CIP Only): Account:548590 RECOMMENDATION: Staff recommends accepting the award and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance accepting a $282,848.09 grant from State of Texas, Criminal Justice Division for Victims of Crime Act Outreach Program with City match of $61,112.03 and in-kind match of $9,600 from Police General Fund; appropriating the $282,848.09 in Police Grants Fund; authorizing transfer of $61,112.03 from the Police General Fund to the Police Grants Fund and appropriating the same for total project cost of $353,560.12; and authorizing a staff complement of 3 FTE's. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.The City Manager or designee is authorized to execute all documents necessary to accept a grant from the State of Texas, Criminal Justice Division in the amount of $282,848.09 to continue the Victims of Crime Act (VOCA) Outreach Program within the Police Department with a City match of $61,112.03 and an in-kind match of $9,600 from the No. 1020 Police General Fund. SECTION 2.That $282,848.09 grant is appropriated in the No. 1061 Police Grants Fund to continue the Victims of Crime Act (VOCA) Outreach Program in the Police Department. SECTION 3. The transfer of $61,112.03 from the No. 1020 General Fund to the No. 1061 Police Grants Fund as grant matching funds is authorized and appropriated for a total project cost of $353,560.12. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor 11/26/2019 Office of the Governor 1/2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the ‘Narrative’ and ‘Budget/Details’ tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited below: Grant Number:1522318 Award Amount:$282,848.09 Date Awarded:11/20/2019 Grantee Cash Match:$61,112.03 Grant Period:10/01/2019 - 06/30/2021 Grantee In Kind Match:$9,600.00 Liquidation Date:09/28/2021 Total Project Cost:$353,560.12 Program Fund:VA-Victims of Crime Act Formula Grant Program Grantee Name:Corpus Christi, City of Project Title:Victims of Crime Act Grant Manager:Rachael Holden DUNS Number:069457786 CFDA:16.575 - Victims of Crime Act Formula Grant Program Federal Awarding Agency: U.S. Department of Justice, Office of Justice Programs, Office for Victims of Crime Federal Award Date:8/9/2018 Federal/State Award ID Number: 2018-V2-GX-0040 Total Federal Award/State Funds Appropriated: $284,101,321.00 Pass Thru Entity Name:Texas Office of the Governor – Criminal Justice Division (CJD) 11/26/2019 Office of the Governor 2/2 Is the Award R&D: No Federal/State Award Description: This grant award provides funds from the Crime Victims Fund to enhance crime victim services in the State. Victims of Crime Act (VOCA) assistance funds are typically competitively awarded by the State to local community-based organizations that provide direct services to crime victims DATE:November 12, 2019 TO:Peter Zanoni, City Manager FROM:Robert Rocha, Fire Chief rrocha@cctexas.com 361-826-3938 CAPTION: Ordinance authorizing the acceptance of two grants totaling $333,666.41 from the Office of the Texas Governor- Homeland Security Grant Division, Homeland Security Grant Program for hazmat team enhancement and SWAT equipment; and appropriating $333,666.41 in the Fire Grants Fund. SUMMARY: This ordinance authorizes the execution of all documents necessary to accept and appropriate two grants totaling $333,666.41 from the Homeland Security Grant Program (HSGP). The equipment and training provided through these grants will support local and state efforts to prevent terroristic and catastrophic events and prepare for the threats and hazards that pose the greatest risk to the security of Texas citizens. BACKGROUND AND FINDINGS: Since 2002, the Corpus Christi Fire Department (CCFD) has submitted grant applications to the HSGP on behalf of the Fire Department and the Corpus Christi Police Department (CCPD). The HSGP is a federal grant program that is managed by the State and administered through the Coastal Bend Council of Governments, which is a volunteer association of local governments, cities and counties, and other public and private entities. Acceptance of two grants totaling $333,666.41 from the Texas Office of the Governor – Homeland Security Grant Division AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 17, 2019 Second Reading Ordinance for the City Council Meeting January 14, 2020 Brief History of Program The Homeland Security Grant Program is comprised of three grant programs: State Homeland Security Program (SHSP), Urban Area Security Initiative (UASI), and Operation Stonegarden (OPSG). These grant programs fund a range of preparedness activities, including planning, organization, equipment purchase, training, exercises, and management and administration across all core capabilities and mission areas. Per Congressional mandate, at least 25% of the combined Homeland Security Grant Program funding must be used for Law Enforcement Terrorism Prevention Activities (LETPA). All SHSP-LETPA projects must assist grantees in achieving target capabilities related to preventing, preparing for, or protecting against acts of terrorism. Project Description The two grants awarded under the 2019 HSGP are titled Hazmat Team Enhancement and SWAT Equipment. The Hazmat Team Enhancement grant will provide detection, classification, and personal protective equipment and critical training to the CCFD Hazmat Team, which will also benefit the 11-county region the team serves. The equipment will help the team maintain an enhanced FEMA Type II status while adding Type I capabilities. The hazmat training will be provided for 20 personnel. The SWAT Equipment grant will improve the CCPD Type II Special Weapons and Tactics (SWAT) team’s safety and enhance its capabilities when responding to chemical, biological, radiological, nuclear, and high-yield explosives (CBRNE), HAZMAT, and mass casualty incidents. The search/detection equipment will benefit the CCPD SWAT team while also serving the 11-county region and federal agencies the team assists. ALTERNATIVES: Deny funding and seek alternative funding. FISCAL IMPACT: Acceptance of two grants totaling $333,666.41 for Hazmat Team Enhancement for $222,448.56 and SWAT Equipment for $111,217.85 and appropriating into the FY2020 1062 Fire Grants Fund. Neither a cash match nor an in-kind match is required for this grant. Funding Detail: Fire Grants Fund: 1062 Organization/Activity: 821260F Mission Element: 093 Project # (CIP Only): Account: 20090 RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate two grants totaling $333,666.41 for the purchase of terrorism prevention equipment and training. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the acceptance of two grants totaling $333,666.41 from the Office of the Texas Governor— Homeland Security Grant Division, Homeland Security Grant Program for hazmat team enhancement and SWAT equipment; and appropriating $333,666.41 in the Fire Grants Fund. Be it Ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City Manager or designee is authorized to execute all documents necessary to accept two grants totaling of $333,666.41 from the Office of the Texas Governor — Homeland Security Grant Division, Homeland Security Grant Program for Hazmat Team Enhancement and SWAT Equipment. Section 2. That $333,666.41 from the Texas Office of the Governor— Homeland Security Grant Division, Homeland Security Grant Program is appropriated into the No. 1062 Fire Grants Fund for Hazmat Team Enhancement and SWAT Equipment. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor 11/21/2019 Office of the Governor 1/2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the ‘Narrative’ and ‘Budget/Details’ tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited below: Grant Number:3822901 Award Amount:$222,448.56 Date Awarded:10/10/2019 Grantee Cash Match:$0.00 Grant Period:01/01/2020 - 12/31/2020 Grantee In Kind Match:$0.00 Liquidation Date:03/31/2021 Total Project Cost:$222,448.56 Program Fund:HS-Homeland Security Grant Program (HSGP) Grantee Name:Corpus Christi, City of Project Title:Hazmat Team Enhancement Grant Manager:Dorothy Caston DUNS Number:069457786 CFDA:97.067 - Homeland Security Grant Program (HSGP) Federal Awarding Agency: U.S. Department of Homeland Security, Federal Emergency Management Agency Federal Award Date:8/28/2019 Federal/State Award ID Number: EMW-2019-SS-00034-S01 Total Federal Award/State Funds Appropriated: $98,436,639.00 Pass Thru Entity Name:Texas Office of the Governor – Homeland Security Grants Division (HSGD) 11/21/2019 Office of the Governor 2/2 Is the Award R&D: No Federal/State Award Description: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. 11/21/2019 Office of the Governor 1/2 Statement of Grant Award (SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor (OOG). This Grant Agreement and all terms, conditions, provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies, departments, divisions, governmental entities, public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in eGrants on the ‘Narrative’ and ‘Budget/Details’ tabs. By accepting the Grant Award in eGrants, the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes, regulations, policies, guidelines and requirements. In instances where conflicting requirements apply to a Grantee, the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award; the OOG Grantee Conditions and Responsibilities; the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award, including but not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Chapter 783 of the Texas Government Code, Title 34, Part 1, Chapter 20, Subchapter E, Division 4 of the Texas Administrative Code, and the Uniform Grant Management Standards (UGMS) developed by the Comptroller of Public Accounts; the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding, the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above. For grants awarded from the U.S. Department of Justice, the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply. For grants awarded from the Federal Emergency Management Agency (FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply. The OOG reserves the right to add additional responsibilities and requirements, with or without advance notice to the Grantee. By clicking on the 'Accept' button within the 'Accept Award' tab, the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement, including all provisions incorporated herein, and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s), if any, cited below: Grant Number:3837601 Award Amount:$111,217.85 Date Awarded:10/10/2019 Grantee Cash Match:$0.00 Grant Period:01/01/2020 - 06/30/2020 Grantee In Kind Match:$0.00 Liquidation Date:09/28/2020 Total Project Cost:$111,217.85 Program Fund:HS-Homeland Security Grant Program (HSGP) Grantee Name:Corpus Christi, City of Project Title:SWAT Equipment Grant Manager:Dorothy Caston DUNS Number:069457786 CFDA:97.067 - Homeland Security Grant Program (HSGP) Federal Awarding Agency: U.S. Department of Homeland Security, Federal Emergency Management Agency Federal Award Date:8/28/2019 Federal/State Award ID Number: EMW-2019-SS-00034-S01 Total Federal Award/State Funds Appropriated: $98,436,639.00 Pass Thru Entity Name:Texas Office of the Governor – Homeland Security Grants Division (HSGD) 11/21/2019 Office of the Governor 2/2 Is the Award R&D: No Federal/State Award Description: The purpose of the HSGP is to support state and local efforts to prevent terrorism and other catastrophic events and to prepare the Nation for the threats and hazards that pose the greatest risk to the security of the United States. The HSGP provides funding to implement investments that build, sustain, and deliver the 31 core capabilities essential to achieving the National Preparedness Goal (the Goal) of a secure and resilient Nation. The building, sustainment, and delivery of these core capabilities are not exclusive to any single level of government, organization, or community, but rather, require the combined effort of the whole community. DATE:November 14, 2019 TO:Peter Zanoni, City Manager FROM:Robert Rocha, Corpus Christi Fire Chief and LEPC Chairperson rrocha@cctexas.com 361.826.3239 CAPTION: Ordinance appropriating $33,926.39 from the City of Corpus Christi-Nueces County Local Emergency Planning Committee (LEPC) Reserve Fund to supplement and expand community information programs and projects; and amending the FY2019-2020 operating budget adopted by Ordinance 031870 to increase expenditures by $33,926.39. SUMMARY: This Ordinance authorizes the allocation of funds that are in reserve for the LEPC. The LEPC does not receive federal, state or local tax dollars and is funded from the Interlocal Agreement, donations from industry and grants. The funds in reserve are accumulated from previous budgets that were not expended. The funds are needed to supplement and expand community education programs and projects regarding potentially hazardous chemicals. BACKGROUND AND FINDINGS: Chemical safety and awareness are the heart of the LEPC and are mandated by the Emergency Planning and Community Right –to-Know Act. The LEPC reserve funds supplement projects and programs and a portion of the reserve funds will be left in the account for future use by the LEPC, on an as needed basis. These projects and programs have been vetted and approved by the respective subcommittees, the LEPC General Committee and the LEPC Executive Committee which members include Corpus Christi Mayor Joe McComb and Nueces County Judge Barbara Canales. Podium for the Corpus Christi Fire Department Administration training room. This area is utilized by many city departments and will feature a sound system and a locking computer cabinet. Cost: $516.62 Materials for Shelter-in-Place kits that are distributed to area schools, daycare facilities, and libraries to be used in the event of chemical emergencies. An increase in schools Allocation of City of Corpus Christi- Nueces County Local Emergency Planning Committee (LEPC) Reserve Funds AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 17,2019 Second Reading Ordinance for the City Council Meeting January 14, 2019 are requesting these kits and are included in school district emergency plans. Cost: $14,950.00 Reprinting of LEPC Activity Book, “Be Prepared for Chemical Emergencies”, distributed to schools and at events. The book is an important teaching tool for chemical safety and having a safety plan in place. Cost: $$5,484.77 Re-painting and wrapping the LEPC vehicle. The vehicle has low mileage and is in good condition, but the wrap/paint is peeling and faded. The van exterior is a useful marketing tool. Cost: $6,975.00 Purchase local TV and radio media slots to show Reverse Alert messages, Shelter-in- Place/Evacuation messages, and chemical safety messages. Cost: $6,000.00 ALTERNATIVES: The funds in reserve were received in previous fiscal years. As they were donations to the LEPC, they can not be used for purposes other than support of the Local Emergency Planning Committee’s mission and providing benefit to the community. FISCAL IMPACT: Appropriating $33,926.39 from the LEPC Reserve Fund to the FY 2019-2020 LEPC Operating Budget. Funding Detail: Fund: 6060 - LEPC Organization/Activity: 21700 Local Emergency Planning Committee Mission Element: 091 Project # (CIP Only): Account: 530500 Printing, Advertising and PR RECOMMENDATION: Complete staff’s recommended action by approving allocation of LEPC reserve funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Itemized quotations provided. Ordinance appropriating $33,926.39 from the City of Corpus Christi— Nueces County Local Emergency Planning Committee (LEPC) Reserve Fund to supplement and expand community information programs and projects; and amending the FY2019-2020 operating budget adopted by Ordinance 031870 to increase expenditures by $33,926.39. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That $33,926.39 is appropriated from the City of Corpus Christi— Nueces County Local Emergency Planning Committee Reserve Fund No. 6060 to supplement and expand community information programs and projects. Section 2.That the FY2019-2020 Operating Budget, adopted by Ordinance No. 031870, is changed by increasing expenditures by $33,926.39. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE:October 25, 2019 TO:Peter Zanoni, City Manager FROM:Robert Rocha, Fire Chief robertro@cctexas.com 361-826-3930 CAPTION: Ordinance accepting a grant from the Flint Hills Resources 2019 Helping Heroes Program in the amount of $3,000 be used to support the Corpus Christi – Nueces County Local Emergency Planning Committee; and appropriating the funds into the LEPC Fund No. 6060. SUMMARY: The Local Emergency Planning Committee (LEPC) requested support to purchase 150 multi-functional flashlight/radios to add to the Shelter-in-Place kits which are distributed to area school districts. The kits contain items such as water, tape, a towel, first aid kit, and other items to provide for short-term protection from the effects of a hazardous material release emergency. BACKGROUND AND FINDINGS: The primary mission of the LEPC is to reduce the risk of and provide emergency planning for hazardous materials releases. The LEPC recognizes vulnerable populations such as area school districts and provides Shelter-in-Place kits to the classrooms. The multi- functional flashlight/radios will be included in the Shelter-in-Place kits. The cost of the flashlight/radio is $20.00 and acceptance of the Flint Hills Resources Helping Heroes Program grant of $3,000.00 will enable the purchase of 150 units. Acceptance of a grant from Flint Hills Resources in the amount of $3,000.00 from the 2019 Helping Heroes Program AGENDA MEMORANDUM Action Item for the City Council Meeting December 17, 2019 ALTERNATIVES: If donation is not accepted, we will have to seek alternative funding. FISCAL IMPACT: Acceptance of $3,000 grant and appropriate to the FY 2019-2020 Fire Department LEPC Fund. Funding Detail: Fund: 6060 Organization/Activity: 21700 Mission Element: 091 Project # (CIP Only): Account: 530500 Printing, Advertising and PR RECOMMENDATION: Staff recommends approval of this Ordinance to execute all documents necessary to accept the grant and appropriate the funds in the amount of $3,000.00 LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance accepting a grant from the Flint Hills Resources 2019 Helping Heroes Program in the amount of $3,000 to be used to support the Corpus Christi – Nueces County Local Emergency Planning Committee; and appropriating the funds into the LEPC Fund No. 6060. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: The City Manager or designee is authorized to accept a grant from Flint Hills Resources 2019 Helping Heroes Program in the amount of $3,000 to be used to support the Corpus Christi-Nueces County Local Emergency Planning Committee to purchase 150 multi-functional flashlight/radios for Shelter in Place kits which are distributed to area school classrooms, senior centers and daycare facilities. SECTION 2: That $3,000 from Flint Hills Resources 2019 Helping Heroes Program is appropriated in the LEPC Fund No. 6060. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________________________________ Rebecca L. Huerta Joe McComb City Secretary Mayor DATE:November 12, 2019 TO:Peter Zanoni, City Manager FROM:Annette Rodriguez, Director of Public Health Annetter@cctexas.com 361-826-7205 CAPTION: Ordinance authorizing execution of all documents necessary to accept, amend and appropriate a grant contract for the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant in the amount of $48,345 with a City match of $9,669 to provide tuberculosis prevention and control services, and authorizing a staff complement of 1 FTE.. SUMMARY: This ordinance authorizes a contract in the amount of $48,345.00 with the Department of State Health Services (DSHS). The contract provides personnel costs (1 FTE), supplies and other expenses. TB contract personnel assists the TB program in preventing, controlling, and investigating TB cases within the jurisdiction of the Corpus Christi-Nueces County Public Health District (CCNCPHD). BACKGROUND AND FINDINGS: History:The Texas Department of State Health Services (DSHS) has awarded Federal funding to the CCNCPHD to assist in mitigatingTB in our community for over 20 years. This grant provides for personnel costs, supplies and other expenses to offer services and associated activities to prevent and control TB within the jurisdiction of the CCNCPHD. The personnel costs are for 1 FTE, which is a medical assistant position in our TB program. The contract is effective January 1, 2020, and terminates on December 31, 2020, unless renewed, extended, or terminated pursuant to the terms and conditions of the contract. DSHS, at its sole discretion, may extend this contract for any period(s) of time, provided the contract term, including all extensions or renewals, does not exceed two years. We had 12 active cases of TB last year in Nueces County. Purpose:These TB funds provide the Health District with one medical assistant position Acceptance of the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant contract in the amount of $48,345.00 for the contract period January 1, 2020 through December 31, 2020. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 17, 2019 Second Reading Ordinance for the City Council Meeting January 14, 2020 that provides outreach services targeted at identification of new and/or suspect TB cases through contact investigations and targeted testing. The medical assistant position also conducts directly observed therapy to all active TB patients daily, throughout Nueces County. The TB program consist of 5 employees, 1 city general fund, 2 county general fund and 2 grant employees. Staffing includes two nurses and 3 clerical staff. Outreach TB efforts target individuals in the Department of Corrections, homeless shelters, alcohol and drug treatment centers, and individuals seeking immigration status. ALTERNATIVES: Refuse acceptance of the grant which would reduce staffing by one and reduce current TB capacity to our community. FISCAL IMPACT: This grant funding in the amount of $48,345.00 is to provide TB prevention and control services to our community. This grant requires a cash match of 20% which is $9,669.00. DSHS has allowed the CCNCPHD to satisfy the grant match requirement by using a portion of the salary of a CCNCPHD County Public Health Nurse that is paid by Nueces County and works in the TB Clinic. Funding Detail: Fund:1066 Health Grants Organization/Activity: 830520F TB Federal Mission Element:102 Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate for the Tuberculosis Prevention and Control-Federal (TB/PC-FED) grant in the amount of $48,345 with a City match of $9,669 to provide tuberculosis prevention and control services. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS000686100012 Ordinance Page 1 of 2 Ordinance authorizing the City Manager or designee to execute all documents necessary to accept, amend and appropriate a grant contract for the Tuberculosis Prevention and Control-Federal(TB/PC-FED) grant in theamount of $48,345 with a City match of $9,669 to provide tuberculosis prevention and control services, and authorizing a staff complement of 1 FTE Be it ordained by the City Council of the City of Corpus Christi,Texas: Section 1:The City Manager or designee and/or Director of Public Health is authorized to execute all documents necessary to accept an amendment to a grant contract for the Tuberculosis Prevention and Control Federal (TB/PC-FED) grant from the Texas Department of State Health Services in the amount of $48,345, for the contract period of January 1, 2020, through December 31, 2020, to provide tuberculosis (TB) prevention and control services with an in-kind grant match of $9,669, provided through the salary of a registered nurse working the TB clinic and paid by Nueces County, for a total project cost of $58,014. Section 2: That the grant amount of $48,345, is appropriated in the No. 1066 Health Grants Fund to continue the TB/PC-FED grant in the Health Department. Section 3:The proposed personnel complement of 1 position is authorized for carrying out aspects of the approved grant. Section 4: The City Manager or designee is authorized to execute any future amendments to the grant contract which extend the contract period or increase or decrease the amount of the grant. A copy of the executed grants shall be filed in the office of the City Secretary. 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 ___________, 2019, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________Michael Hunter______________ Roland Barrera ________________Ben Molina ______________ Rudy Garza ________________Everett Roy ______________ Paulette M. Guajardo ________________Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 66 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT NO. HHS000686100012 UNDER THE TUBERCULOSIS PREVENTION AND CONTROL – FEDERAL (TB/PC-FEDERAL) GRANT PROGRAM I. PURPOSE The Department of State Health Services (“DSHS”) and Corpus Christi-Nueces County Public Health District (“Grantee”), each a “Party” and collectively the “Parties,” enter into the following grant contract for the Tuberculosis Prevention and Control - Federal Grant Program (the “Contract”). II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of Texas Government Code Chapter 791, and Texas Health and Safety Code Chapters 12 and 1001. III. STATEMENT OF SERVICES TO BE PROVIDED Grantee shall perform services related to the Tuberculosis Prevention and Control - Federal (“TB/PC-Federal”) Program in accordance with the requirements stated in Attachment A, Statement of Work. IV. DURATION The Contract is effective on January 1, 2020, and terminates on December 31, 2020, unless renewed, extended, or terminated pursuant to the terms and conditions of the Contract. DSHS, at its sole discretion, may extend this Contract for any period(s) of time, provided the Contract term, including all extensions or renewals, does not exceed two years. V. PAYMENT FOR SERVICES PERFORMED The total amount of DSHS’s share of this Contract shall not exceed $48,345.00. Grantee’s required cash match for this Contract shall not exceed $9,669.00. The total not to exceed amount of the Contract, therefore, is $58,014.00. All expenditures under this Contract will be in accordance with Attachment B, Budget. VI. CONTRACT REPRESENTATIVES The following individuals will act as the designated Representative authorized to administer activities, communications, and non-legal notices under this Contract on behalf of their respective Party. DSHS Samantha Lavoie, CTCM Grantee Annette Rodriguez 1100 West 49th Street, MC 1990 Austin, Texas 78756 Corpus Christi-Nueces County Public Health District DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 2 of 66 (512) 776-2152 samantha.lavoie@dshs.texas.gov 1702 Horne Rd. Corpus Christi, Texas 78416 (361) 826-7205 AnnetteR@cctexas.com Either Party may change its designated Contract Representative by providing written notice to the other Party. VII. ADDITIONAL GRANT INFORMATION Federal Award Identification Number (FAIN): U52PS004694 Federal Award Date: December 31, 2018 Name of Federal Awarding Agency: Centers for Disease Control and Prevention CFDA Name and Number: 93.116 – Tuberculosis Elimination and Laboratory Cooperative Agreement – Prevention & Control Awarding Official Contact Information: Shanica Alexander, (404) 718 - 3149 DUNS: 807391511 VIII. LEGAL NOTICES Any legal notice required under this Contract shall be deemed delivered when deposited by DSHS either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required, to the appropriate address below: If to DSHS: If to Grantee: Department of State Health Services Attention: Office of the General Counsel 1100 West 49th Street, MC 1911 Austin, TX 78756 Corpus Christi-Nueces County Public Health District Attention: Annette Rodriguez 1702 Horne Rd. Corpus Christi, TX 78416 Notice given by Grantee will be deemed effective when received by DSHS. Either Party may change its address for notice by written notice to the other Party. IX. REPORTING REQUIREMENTS Grantee shall satisfy all reporting requirements stated in within Article IV of Attachment A, Statement of Work. X. PRIVACY, SECURITY, AND BREACH NOTIFICATION Grantee certifies it is, and shall remain for the term of this Contract, in compliance with all applicable state and federal laws and regulations with respect to privacy, security, and breach notification in accordance with Attachment E, Data Use Agreement. SIGNATURE PAGE FOLLOWS DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 3 of 66 SIGNATURE PAGE FOR DSHS CONTRACT NO. HHS000686100012 Department of State Health Services Corpus Christi-Nueces County Public Health District By: ________________________________ By: ________________________________ Name: ______________________________ Title: _______________________________ Date of Signature: ______________ Date of Signature: ______________ The following Attachments are hereby incorporated by reference into the Contract: Attachment A – Statement of Work Attachment B – Budget Attachment C – HHSC Uniform Terms and Conditions-Grant, Version 2.16.1 Attachment D – HHSC TB/PC Supplemental and Special Conditions Attachment E – HHS Data Use Agreement Attachment F – Non-Exclusive List of Applicable Laws Attachment G– Federal Funding Accountability Transparency Act (FFATA) Form Attachment H– Federal Assurances and Certification Attachment I – Contract Affirmations ATTACHMENTS FOLLOW DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Annette Rodriguez Health Director Page 4 of 66 Attachment A Statement of Work I. GRANTEE RESPONSIBILITIES Grantee will: A. Comply with the most current version of the Tuberculosis Work Plan located at: http://www.dshs.texas.gov/idcu/disease/tb/policies/. B. Use federal funds provided by DSHS under this Contract to support core TB control front-line activities including but not limited to: 1. Directly Observed Therapy (“DOT”); 2. Outpatient services (tuberculin skin testing, chest radiography, medical evaluation, treatment); 3. Contact Investigation; 4. Cohort Review; 5. Surveillance; 6. Reporting; 7. Data analyses; 8. Cluster investigations; and 9. Provider education. C. Provide a cash match of no less than 20% of DSHS’ share of actual expenditures up to the budgeted match amount, as reflected in Article V of the Contract Signature Document (relating to Payment for Services Provided). If the required cash match is not provided, DSHS may withhold payments, use administrative offsets, or request a refund from Grantee until such time as the required match ratio is met. No federal or other grant funds can be used as part of meeting the match requirement. D. Ensure no DSHS funds or matching funds are used for: 1. Medication purchases; 2. Inpatient clinical care (hospitalization services); 3. Entertainment; 4. Furniture; 5. Equipment; and 6. Sectarian worship, instruction, or proselytization. Food and incentives are allowed using DSHS funds but are not allowed for matching funds. E. Not lapse more than 1% of the total funded amount of the Contract. F. Maintain and adjust spending plan throughout the Contract term to avoid lapsing funds. During the term of this Contract, DSHS reserves the right to decrease funding amounts because of the Grantee’s budgetary shortfalls or due to the Grantee lapsing more than 1% of total funds, or both. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 5 of 66 G. Maintain staffing levels to meet required activities of the Contract and to ensure all funds in the personnel category are expended. H. Use DSHS-designated data systems available for local entry. All collected TB information shall be entered into a designated state TB information system, including all data fields on the Report of Verified Case of Tuberculosis, TB340, any laboratory results received locally, and any additional clinical information, according to documented timelines and specifications. Data entered into DSHS data systems will be considered submitted to DSHS. I. Comply with all applicable federal and state statutes and regulations, policies and guidelines as revised. II. PERFORMANCE MEASURES DSHS will monitor the Grantee’s performance of the requirements in Attachment A and compliance with the Contract’s terms and conditions. If Grantee fails to meet any of the performance measures, Grantee will respond to any finding in a written narrative explaining the barriers and the plan to address those barriers. This requirement does not excuse any violation of this Contract, nor does it limit DSHS as to any options available under the Contract regarding breach. III. INVOICE AND PAYMENT Grantee will request payment by preparing an invoice and submitting acceptable supporting documentation for reimbursement of the required services/deliverables. Invoices and supporting documentation shall be submitted to DSHS no later than 30 days after the last day of each month. A. Grantee will request payments using the State of Texas Purchase Voucher (Form B-13) at http://www.dshs.state.tx.us/grants/forms/b13form.doc. Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to the address/number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: invoices@dshs.texas.gov & CMSinvoices@dshs.texas.gov B. Grantee will email the Financial Status Report (FSR-269A) and the Match Certification Form (B-13A) to the following: Invoices@dshs.texas.gov and TBContractReporting@dshs.texas.gov. Grantee must submit final FSR and a reimbursement or final payment request no later than 45 calendar days following the end of the Contract term. C. Grantee will be paid on a cost reimbursement basis and in accordance with the Budget in Attachment B of this Contract. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 6 of 66 IV. PROGRAMMATIC REPORTING REQUIREMENTS Report Name Frequency Period Begin Period End Due Date FY20 Annual Narrative Report Annually January 1, 2020 December 31, 2020 April 1, 2021 FY21 Annual Narrative Report Annually January 1, 2021 December 31, 2021 April 1, 2022 FSR & Match Reimbursement/Certification Form (Form B-13A) Quarterly January 1, 2020 March 31, 2020 April 30, 2020 FSR & Form B-13A Quarterly April 1, 2020 June 30, 2020 July 31, 2020 FSR & Form B-13A Quarterly July 1, 2020 September 30, 2020 October 31, 2020 FSR & Form B-13A Quarterly October 1, 2020 December 31, 2020 February 15, 2021 Annual Report Submission Instructions: Submit program reports to the TB Reporting Mailbox at TBContractReporting@dshs.texas.gov. The DSHS TB Program will provide the form and format for the Annual Narrative Report. The Annual Narrative Report will be a separate report for the Grantee and must not be included with reports for the Region. Financial Status Reports: Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, Texas 78714-9347 Fax: (512) 458-7442 Email: invoices@dshs.texas.gov and CMSinvoices@dshs.texas.gov (Remainder of Page Intentionally Left Blank) DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 7 of 66 Attachment B Budget Grantee: Corpus Christi-Nueces County Public Health District Program ID: TB/PC-Federal Contract Number: HHS000686100012 I. Budget Budget Categories DSHS Funds Cash Match Category Total Personnel $26,628.00 $9,669.00 $36,297.00 Fringe Benefits $9,799.00 $0.00 $9,799.00 Travel $3,042.00 $0.00 $3,042.00 Equipment $0.00 $0.00 $0.00 Supplies $4,259.00 $0.00 $4,259.00 Contractual $2,800.00 $0.00 $2,800.00 Other $1,817.00 $0.00 $1,817.00 Total Direct Costs $48,345.00 $9,669.00 $58,014.00 Indirect Costs $0.00 $0.00 $0.00 Totals: $48,345.00 $9,669.00 $58,014.00 (Remainder of Page Intentionally Left Blank) DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 8 of 66 Attachment C DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 9 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 10 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 11 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 12 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 13 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 14 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 15 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 16 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 17 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 18 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 19 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 20 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 21 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 22 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 23 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 24 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 25 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 26 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 27 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 28 of 66 (Remainder of Page Intentionally Left Blank) DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 29 of 66 Attachment D HHSC TB/PC Supplemental and Special Conditions Supplemental Conditions Attachment C (the “HHSC Uniform Terms and Conditions - Grants”), is hereby revised as follows: 1. Section 9.17, No Waiver of Sovereign Immunity, is deleted in its entirety and replaced with the following: Nothing in the Contract will be construed as a waiver of sovereign immunity by the System Agency. Similarly, nothing in the Contract will be construed as a waiver of any rights or affirmative defenses available to Grantee. Special Conditions The terms and conditions of these Special Conditions are incorporated into and made a part of the Contract. Capitalized items used in these Special Conditions and not otherwise defined have the meanings assigned to them in HHSC Uniform Terms and Conditions – Grants (Version 2.16). Section 1.01 Notice of Contract Action Grantee shall notify their assigned contract manager if Grantee has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the contract; d. Date of suspension or termination; and e. Contract or case reference number. Section 1.02 Notice of Bankruptcy Grantee shall notify in writing its assigned contract manager of its plan to seek b ankruptcy protection within five days of such action by Grantee. Section 1.03 Notice of Criminal Activity and Disciplinary Actions a. Grantee shall immediately report in writing to their contract manager when Grantee has knowledge or any reason to believe that they or any person with ownership or controlling interest in the organization/business, or their agent, employee, contractor or volunteer that is providing services under this Contract has: DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 30 of 66 1. Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority; or 2. Been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. b. Grantee shall not permit any person who engaged, or was alleged to have engaged, in any activity subject to reporting under this section to perform direct client services or have direct contact with clients, unless otherwise directed in writing by the System Agency. Section 1.04 Grantee’s Notification of Change of Contact Person or Key Personnel The Grantee shall notify in writing their contract manager assigned within ten days of any change to the Grantee’s Contact Person or Key Personnel. Section 1.05 Disaster Services In the event of a local, state, or federal emergency, including natural, man- made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster by the appropriate federal official, Grantee may be called upon to assist the System Agency in providing the following services: a. Community evacuation; b. Health and medical assistance; c. Assessment of health and medical needs; d. Health surveillance; e. Medical care personnel; f. Health and medical equipment and supplies; g. Patient evacuation; h. In-hospital care and hospital facility status; i. Food, drug and medical device safety; j. Worker health and safety; k. Mental health and substance abuse; l. Public health information; m. Vector control and veterinary services; and n. Victim identification and mortuary services. Section 1.06 Consent by Non-Parent or Other State Law to Medical Care of a Minor Unless a federal law applies, before a Grantee or its contractor can provide medical, dental, psychological or surgical treatment to a minor without parental consent, informed consent must be obtained as required by Texas Family Code Chapter 32. Section 1.07 Telemedicine/Telepsychiatry Medical Services If Grantee or its Contractor uses telemedicine/telepsychiatry, these services shall be in accordance with the Grantee's written procedures. Grantee must use a protocol approved by Grantee’s medical director and equipment that complies with the System Agency equipment DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 31 of 66 standards, if applicable. Grantee's procedures for providing telemedicine service must include the following requirements: a. Clinical oversight by Grantee’s medical director or designated physician responsible for medical leadership; b. Contraindication considerations for telemedicine use; c. Qualified staff members to ensure the safety of the individual being served by telemedicine at the remote site; d. Safeguards to ensure confidentiality and privacy in accordance with state and federal laws; e. Use by credentialed licensed providers providing clinical care within the scope of their licenses; f. Demonstrated competency in the operations of the system b y all staff members who are involved in the operation of the system and provision of the services prior to initiating the protocol; g. Priority in scheduling the system for clinical care of individuals; h. Quality oversight and monitoring of satisfaction of the individuals served; and i. Management of information and documentation for telemedicine services that ensures timely access to accurate information between the two sites. Telemedicine Medical Services does not include chemical dependency treatment services provided by electronic means under 25 Texas Administrative Code Rule § 448.911. Section 1.08 Services and Information for Persons with Limited English Proficiency a. Grantee shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. b. Grantee shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. c. Grantee shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency, unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client’s confidentiality and the client is advised that a free interpreter is available. Section 1.09 Third Party Payors Except as provided in this Contract, Grantee shall screen all clients and may not bill the System Agency for services eligible for reimbursement from third party payors, who are any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers, Medicaid, or other federal, state, local and private funding sources. As applicable, the Grantee shall: a. Enroll as a provider in Children’s Health Insurance Program and Medicaid if providing DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 32 of 66 approved services authorized under this Contract that may be covered by those programs and bill those programs for the covered services; b. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; c. Allow clients that are otherwise eligible for System Agency services, but cannot pay a deductible required by a third party payor, to receive services up to the amount of the deductible and to bill the System Agency for the deductible; d. Not bill the System Agency for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; e. Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; f. Bill all third party payors for services provided under this Contract before submitting any request for reimbursement to System Agency; and g. Provide third party billing functions at no cost to the client. Section 1.10 HIV/AIDS Model Workplace Guidelines Grantee shall implement System Agency’s policies based on the Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (“HIV/AIDS”), AIDS Model Workplace Guidelines for Businesses at http://www.dshs.state.tx.us/hivstd/policy/policies.shtm, State Agencies and State Grantees Policy No. 090.021. Grantee shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas Health and Safety Code §§ 85.112-114. Section 1.11 Medical Records Retention Grantee shall retain medical records in accordance with 22 TAC §165.1(b) or other applicable statutes, rules and regulations governing medical information. Section 1.12 Notice of a License Action Grantee shall notify their contract manager of any action impacting its license to provide services under this Contract within five days of becoming aware of the action and include the following: a. Reason for such action; b. Name and contact information of the local, state or federal department or agency or entity; c. Date of the license action; and d. License or case reference number. Section 1.13 Interim Extension Amendment a. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. b. The System Agency shall provide written notice of interim extension amendment to the Grantee under one of the following circumstances: 1. Continue provision of services in response to a disaster declared by the governor; or DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 33 of 66 2. To ensure that services are provided to clients without interruption. c. The System Agency will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. d. Grantee will provide and invoice for services in the same manner that is stated in the Contract. e. An interim extension under Section (b)(1) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. f. An interim extension under Section (b)(2) above shall be a one-time extension for a period of time determined by the System Agency. Section 1.14 Electronic and Information Resources Accessibility and Security Standards a. Applicability: The following Electronic and Information Resources (“EIR”) requirements apply to the Contract because the Grantee performs services that include EIR that the System Agency's employees are required or permitted to access or members of the public are required or permitted to access. This Section does not apply to incidental uses of EIR in the performance of the Agreement, unless the Parties agree that the EIR will become property of the State of Texas or will be used by HHSC’s clients or recipients after completion of the Agreement. Nothing in this section is intended to prescribe the use of particular designs or technologies or to prevent the use of alternative technologies, provided they result in substantially equivalent or greater access to and use of a Product. b. Definitions: “Accessibility Standards” means accessibility standards and specifications for Texas agency and institution of higher education websites and EIR set forth in 1 TAC Chapter 206 and/or Chapter 213. “Electronic and Information Resources” means information resources, including information resources technologies, and any equipment or interconnected system of equipment that is used in the creation, conversion, duplication, or delivery of data or information. The term includes telephones and other telecommunications products, information kiosks, transaction machines, Internet websites, multimedia resources, and office equipment, including copy machines and fax machines. “Electronic and Information Resources Accessibility Standards” means the accessibility standards for electronic and information resources contained in 1 Texas Administrative Code Chapter 213. “Product” means information resources technology that is, or is related to EIR. “Web Site Accessibility Standards/ Specifications” means standards contained in Volume 1 Tex. Admin. Code Chapter 206(c) Accessibility Requirements. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 34 of 66 Under Tex. Gov’t Code Chapter 2054, Subchapter M, and implementing rules of the Texas Department of Information Resources, the System Agency must procure Products and services that comply with the Accessibility Standards when those Products are available in the commercial marketplace or when those Products are developed in response to a procurement solicitation. Accordingly, Grantee must provide electronic and information resources and associated Product documentation and technical support that comply with the Accessibility Standards. c. Evaluation, Testing, and Monitoring 1. The System Agency may review, test, evaluate and monitor Grantee’s Products and services, as well as associated documentation and technical support for compliance with the Accessibility Standards. Review, testing, evaluation and monitoring may be conducted before and after the award of a contract. Testing and monitoring may include user acceptance testing. Neither the review, testing (including acceptance testing), evaluation or monitoring of any Product or service, nor the absence of review, testing, evaluation or monitoring, will result in a waiver of the State’s right to contest the Grantee’s assertion of compliance with the Accessibility Standards. 2. Grantee agrees to cooperate fully and provide the System Agency and its representatives timely access to Products, records, and other items and information needed to conduct such review, evaluation, testing, and monitoring. d. Representations and Warranties 1. Grantee represents and warrants that: i. As of the Effective Date of the Contract, the Products and associated documentation and technical support comply with the Accessibility Standards as they exist at the time of entering the Agreement, unless and to the extent the Parties otherwise expressly agree in writing; and ii. If the Products will be in the custody of the state or a System Agency's client or recipient after the Contract expiration or termination, the Products will continue to comply with Accessibility Standards after the expiration or termination of the Contract Term, unless the System Agency or its clients or recipients, as applicable, use the Products in a manner that renders it noncompliant. 2. In the event Grantee becomes aware, or is notified that the Product or service and associated documentation and technical support do not comply with the Accessibility Standards, Grantee represents and warrants that it will, in a timely manner and at no cost to the System Agency, perform all necessary steps to satisfy the Accessibility Standards, including remediation, replacement, and upgrading of the Product or service, or providing a suitable substitute. 3. Grantee acknowledges and agrees that these representations and warranties are essential inducements on which the System Agency relies in awarding this Contract. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 35 of 66 4. Grantee’s representations and warranties under this subsection will survive the termination or expiration of the Contract and will remain in full force and effect throughout the useful life of the Product. e. Remedies 1. Under Tex. Gov’t Code § 2054.465, neither the Grantee nor any other person has cause of action against the System Agency for a claim of a failure to comply with Tex. Gov’t Code Chapter 2054, Subchapter M, and rules of the Department of Information Resources. 2. In the event of a breach of Grantee’s representations and warranties, Grantee will be liable for direct, consequential, indirect, special, or liquidated damages and any other remedies to which the System Agency may be entitled under this Contract and other applicable law. This remedy is cumulative of any other remedies to which the System Agency ma y be entitled under this Contract and other applicable law. Section 1.15 Child Abuse Reporting Requirement a. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. b. Grantee shall develop, implement and enforce a written policy that includes at a minimum the System Agency’s Child Abuse Screening, Documenting, and Reporting Policy for Grantees/Providers and train all staff on reporting requirements. c. Grantee shall use the System Agency's Child Abuse Reporting Form located at www.System Agency.state.tx.us/childabusereporting as required by the System Agency. Grantee shall retain reporting documentation on site and make it available for inspection by the System Agency. Section 1.16 Grantee's Certification of Meeting or Exceeding Tobacco-Free Workplace Policy Minimum Standards. Grantee certifies that it has adopted and enforces a Tobacco -Free Workplace Policy that meets or exceeds all of the following minimum standards of: a) Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars, pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; b) Designating the property to which this Policy applies as a "designated area,” which must at least comprise all buildings and structures where activities funded under this Contract are taking place, as well as Grantee owned, leased, or controlled sidewalks, parking lots, walkways, and attached parking structures immediately adjacent to this designated area; c) Applying to all employees and visitors in this designated area; and d) Providing for or referring its employees to tobacco use cessation services. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 36 of 66 Section 1.17 Contractor’s Property Inventory Report. Grantee shall maintain an inventory of equipment, supplies defined as Controlled Assets, and real property and submit an annual cumulative report of the equipment and other property on HHS System Agency’s Contractor’s Property Inventory Report to the assigned DSHS Contract Manager and DSHS Contract Oversight and Support (email address: COSequip@dshs.texas.gov) by electronic mail no later than October 15 of each year. The Grantee’s Property Inventory Report may be found at: http://www.dshs.texas.gov/contracts/forms.shtm. (Remainder of Page Intentionally Left Blank) DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 37 of 66 Attachment E DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 38 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 39 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 40 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 41 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 42 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 43 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 44 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 45 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 46 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 47 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 48 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 49 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 50 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 51 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 52 of 66 Attachment F Non-Exclusive List of Applicable Laws Grantee is responsible for reviewing and complying with any applicable statutes, rules, regulations, executive orders and policies. To the extent applicable to Grantee, Grantee shall comply with the following: 1. Statutes, rules, regulations, and DSHS policy (and any of their subsequent amendments) that collectively prohibit discrimination, exclusion from or limitation of participation in programs, benefits or activities or denial of any aid, care, service or other benefit on the basis of race, color, national origin, limited English proficiency, sex, sexual orientation (where applicable), disabilities, age, substance abuse, political belief or religion: a) Title VI of the Civil Rights Act of 1964, 42 USC §§ 2000d et seq.; b) Title IX of the Education Amendments of 1972, 20 USC §§ 1681-1683, and 1685-1686; c) Section 504 of the Rehabilitation Act of 1973, 29 USC § 794(a); d) Americans with Disabilities Act of 1990, 42 USC §§ 12101 et seq.; e) Age Discrimination Act of 1975, 42 USC §§ 6101-6107; f) Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, 42 USC § 290dd (b)(1); 7) 45 CFR Parts 80, 84, 86 and 91; g) U.S. Department of Labor, Equal Employment Opportunity E.O. 11246; h) Tex. Labor Code Chapter 21; i) Food Stamp Act of 1977 (7 USC §§ 2011 et seq.); j) Executive Order 13279, 45 CFR Part 87 or 7 CFR Part 16 regarding equal treatment and opportunity for religious organizations; k) Drug Abuse Office and Treatment Act of 1972, 21 USC §§ 1101 et seq., relating to drug abuse; l) Public Health Service Act of 1912, §§ 523 and 527, 42 USC § 290dd-2, and 42 CFR pt. 2, relating to confidentiality of alcohol and drug abuse patient records; m) Title VIII of the Civil Rights Act of 1968, 42 USC §§ 3601 et seq., relating to nondiscrimination in housing; and n) DSHS Policy AA-5018, Non-discrimination Policy for DSHS Programs; 2. Immigration Reform and Control Act of 1986, 8 USC § 1324a, and Immigration Act of 1990, 8 USC 1101 et seq., as amended by Public Law113-4 (March 7, 2013), regarding employment verification; and Illegal Immigration Reform and Immigrant Responsibility Act of 1996; 3. Pro-Children Act of 1994, 20 USC §§ 6081-6084, and the Pro-Children Act of 2001, 20 USC § 7183, regarding the non-use of all tobacco products; 4. National Research Service Award Act of 1971, 42 USC §§ 289a-1 et seq., and 6601 (P.L. 93- 348 and P.L. 103-43), regarding human subjects involved in research; 5. Hatch Political Activity Act, 5 USC §§ 1501-1508 and 7324-26, which limits the political activity of employees whose employment is funded with federal funds; 6. Fair Labor Standards Act, 29 USC §§ 201 et seq., and the Intergovernmental Personnel Act of 1970, 42 USC §§ 4701 et seq., as applicable, concerning minimum wage and maximum hours; 7. Texas Government Code Chapter 469 pertaining to eliminating architectural barriers for persons with disabilities; DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 53 of 66 8. Texas Workers’ Compensation Act, Texas Labor Code Chapters 401-406, and 28 Texas Administrative Code (TAC) pt. 2, regarding compensation for employees’ injuries; 9. The Clinical Laboratory Improvement Amendments of 1988, 42 USC § 263a, regarding the regulation and certification of clinical laboratories; 10. The Occupational Safety and Health Administration Regulations on Blood Borne Pathogens, 29 CFR § 1910.1030, or Title 25 Tex. Admin Code Chapter 96 regarding safety standards for handling blood borne pathogens; 11. Laboratory Animal Welfare Act of 1966, 7 USC §§ 2131 et seq., pertaining to the treatment of laboratory animals; 12. Environmental standards pursuant to the following: a) Institution of environmental quality control measures under the National Environmental Policy Act of 1969, 42 USC §§ 4321-4347 and Executive Order 11514 (35 Fed. Reg. 4247), “Protection and Enhancement of Environmental Quality;” b) Notification of violating facilities pursuant to Executive Order 11738 (40 CFR Part 32), “Providing for Administration of the Clean Air Act and the Federal Water Pollution Control Act with respect to Federal Contracts, Grants, or Loans;” c) Protection of wetlands pursuant to Executive Order 11990, 42 Fed. Reg. 26961; d) Evaluation of flood hazards in floodplains in accordance with Executive Order 11988, 42 Fed. Reg. e) 26951 and, if applicable, flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93-234); f) Assurance of project consistency with the approved State Management program developed under the Coastal Zone Management Act of 1972, 16 USC §§ 1451 et seq.; g) Federal Water Pollution Control Act, 33 USC §§ 1251 et seq.; h) Protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, 42 USC §§ 300f-300j; i) Protection of endangered species under the Endangered Species Act of 1973, 16 USC §§ 1531 et seq.; j) Conformity of federal actions to state clean air implementation plans under the Clean Air Act of 1955, 42 USC §§ 7401 et seq.; k) Wild and Scenic Rivers Act of 1968, 16 USC §§ 1271 et seq., related to protecting certain river systems; and 13. Lead-Based Paint Poisoning Prevention Act, 42 USC §§ 4821 et seq., prohibiting the use of lead-based paint in residential construction or rehabilitation; 14. Intergovernmental Personnel Act of 1970, 42 USC §§ 4278-4763, regarding personnel merit systems for programs specified in Appendix A of the federal Office of Program Management’s Standards for a Merit System of Personnel Administration, 5 CFR Part1200 et seq; 15. Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of, 42 USC §§4601 et seq (PL 91-646), relating to fair treatment of persons displaced or whose property is acquired as a result of Federal or federally-assisted programs; 16. Davis-Bacon Act, 40 USC §§ 3141-3148; 17. Copeland Act, 40 USC §§ 276c and 18 USC § 874; 18. Contract Work Hours and Safety Standards Act, 40 USC § 3702 et seq., regarding labor standards for federally-assisted construction subagreements; 19. National Historic Preservation Act of 1966, § 106, 16 USC § 470; Executive Order 11593; and the Archaeological and Historic Preservation Act of 1974 (16 USC §§ 469a-1 et seq.) regarding historic property to the extent necessary to assist DSHS in complying with the Acts; DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 54 of 66 20. Trafficking Victims Protection Act of 2000, Section 106(g) (22 USC § 7104); 21. Executive Order 13513 (Oct. 1, 2009), Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, if required by a federal funding source of this Contract; 22. Whistleblower Protection Enhancement Act (5 U.S.C. 2302(b)(8)) and Texas Whistleblower Act (Tex.Gov. Code Chapter 554); and 23. Requirements of any other applicable state and federal statutes, executive orders, regulations, rules and policies. (Remainder of Page Intentionally Left Blank) DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 55 of 66 Attachment G DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Health Director Annette Rodriguez Page 56 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 57 of 66 ATTACHEMENT H FEDERAL ASSURANCES AND LOBBING FORM DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 58 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Health Director Corpus Christi-Nueces County Public Health District Page 59 of 66 DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Corpus Christi-Nueces County Public Health District Health Director Rodriguez Annette Page 60 of 66 ATTACHMENT I CONTRACT AFFIRMATIONS By entering into this Contract, Grantee affirms, without exception, as follows: 1. Grantee represents and warrants that these Contract Affirmations apply to Grantee and all of Grantee's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Grantee represents and warrants that all statements and information provided to HHSC are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Grantee understands that HHSC will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Grantee is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Grantee represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Grantee agrees that the Contract can be terminated if the Grantee knowingly or intentionally fails to comply with a requirement of that subchapter. 5. Grantee shall not assign its rights under the contract or delegate the performance of its duties under the contract without prior written approval from HHSC. Any attempted assignment in violation of this provision is void and without effect. 6. Grantee accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Grantee agrees that all exceptions to the Solicitation as well as terms and conditions advanced by Grantee that differ in any manner from HHSC’s terms and conditions, if any, are rejected unless expressly accepted by HHSC in writing. 7. Grantee agrees that HHSC has the right to use, produce, and distribute copies of and to disclose to HHSC employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHSC deems necessary to complete the procurement process or comply with state or federal laws. 8. Grantee generally releases from liability and waives all claims against any party providing information about the Grantee at the request of HHSC. 9. Grantee has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 61 of 66 discount, trip, favor, or service to a public servant in connection with this Contract or any related Solicitation, or related Solicitation Response. 10. Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Grantee certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 11. Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), the Grantee certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Under Section 231.006(d) of the Texas Family Code regarding child support, Grantee certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. 13. Grantee certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Grantee’s subcontracts, if any, if payment in whole or in part is from federal funds. 14. Grantee certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, “Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism,” published by the United States Department of the Treasury, Office of Foreign Assets Control. 15. Grantee represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Grantee certifies that it is not (1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or (3) a person who employs a current or former executive head of an HHS agency. 17. Under Section 2155.0061 of the Texas Government Code, Grantee certifies that the individual or business entity named in this Contract is not ineligible to receive this contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 18. Grantee represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 62 of 66 19. Grantee agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Grantee represents and warrants that payments to Grantee and Grantee's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Grantee agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Grantee agrees that upon request of HHSC, Grantee shall provide copies of its most recent business continuity and disaster recovery plans. 23. Grantee expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements relating to accessibility by persons with visual impairments. Accordingly, Grantee represents and warrants to HHSC that the technology provided to HHSC for purchase (if applicable under this Contract or any related Solicitation) is capable, either by virtue of features included within the technology or because it is readily adaptable by use with other technology, of: • providing equivalent access for effective use by both visual and non-visual means; • presenting information, including prompts used for interactive communications, in formats intended for non-visual use; and • being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this Section, the phrase “equivalent access” means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable accommodations under the Americans With Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customizable display appearance. In accordance with Section 2157.005 of the Texas Government Code, the Technology Access Clause contract provision remains in effect for any contract entered into before September 1, 2006. 24. If this Contract is for the purchase or lease of computer equipment, then Grantee certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 25. If this Contract is for the purchase or lease of covered television equipment, then Grantee certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 63 of 66 26. Grantee represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. 27. Grantee acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Grantee may not accept employment from Grantee before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 28. If this Contract is for consulting services under Chapter 2254 of the Texas Government Code, in accordance with Section 2254.033 of the Texas Government Code, Grantee certifies that it does not employ an individual who was employed by System Agency or another agency at any time during the two years preceding the submission of any related Solicitation Response related to this Contract or, in the alternative, Grantee has disclosed in any related Solicitation Response the following: (i) the nature of the previous employment with System Agency or the other agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation at the time of the employment was terminated. 29. Grantee represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to HHSC under this Contract or any related Solicitation and that Grantee’s provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. 30. Grantee understands that HHSC does not tolerate any type of fraud. The agency's policy is to promote consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. All employees or Grantees who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud, waste, or abuse) are required to immediately report the questionable activity to both the Health and Human Services Commission's Office of the Inspector General at 1-800-436-6184 and the State Auditor's Office. Grantee agrees to comply with all applicable laws, rules, regulations, and HHSC policies regarding fraud including, but not limited to, HHS Circular C-027. 31. The undersigned affirms under penalty of perjury of the laws of the State of Texas that (a) in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Grantee has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; (b) in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Grantee has violated any federal antitrust law; and (c) neither I nor any representative of the Grantee has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Grantee or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Grantee. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 64 of 66 32. Grantee represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Grantee or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Grantee’s performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to HHSC’s consideration of entering into this Contract. If Grantee is unable to make the preceding representation and warranty, then Grantee instead represents and warrants that it has provided to HHSC a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Grantee’s performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to HHSC’s consideration of entering into this Contract. In addition, Grantee acknowledges this is a continuing disclosure requirement. Grantee represents and warrants that Grantee shall notify HHSC in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update HHSC shall constitute breach of contract and may result in immediate contract termination. 33. Grantee certifies that for contracts for services, Grantee shall utilize the U.S. Department of Homeland Security’s E-Verify system during the term of this Contract to determine the eligibility of: (a) all persons employed by Grantee to perform duties within Texas; and (b) all persons, including subcontractors, assigned by Grantee to perform work pursuant to this Contract within the United States of America. 34. If this Contract is an employment contract, a professional services contract under Chapter 2254 of the Texas Government Code, or a consulting services contract under Chapter 2254 of the Texas Government Code, Grantee represents and warrants that neither Grantee nor any of Grantee’s employees including, but not limited to, those authorized to provide services under the contract, were former employees of an HHS Agency during the twelve (12) month period immediately prior to the date of the execution of the contract. 35. Grantee represents and warrants, during the twelve (12) month period immediately prior to the date of the execution of this Contract, none of its employees including, but not limited to those who will provide services under the Contract, was an employee of an HHS Agency. Pursuant to Section 2252.901, Texas Government Code (relating to prohibitions regarding contracts with and involving former and retired state agency employees), Grantee will not allow any former employee of the System Agency to perform services under this Contract during the twelve (12) month period immediately following the employee’s last date of employment at the System Agency. 36. If this Contract is for consulting services, (A). In accordance with Section 2254.033 of the Texas Government Code, a Grantee providing consulting services who has been employed by, or employs an individual who has been employed by, HHSC or another State of Texas agency at any time during the two years preceding the submission of Grantee’s offer to provide services mu st disclose the following information in its offer to provide services. Grantee hereby certifies that this information was provided and remains true, correct, and complete: (1) Name of individual(s) (Respondent or employee(s)); DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 65 of 66 (2) Status; (3) The nature of the previous employment with HHSC or the other State of Texas agency; (4) The date the employment was terminated and the reason for the termination; and (5) The annual rate of compensation for the employment at the time of its termination. (B). If no information was provided in response to Section A above, Grantee certifies that neither Grantee nor any individual employed by Grantee was employed by HHSC or any other State of Texas agency at any time during the two years preceding the submission of Grantee’s offer to provide services. 37. Pursuant to Section 2271.002 of the Texas Government Code, Respondent certifies that either (i) it meets an exemption criteria under Section 2271.002; or (ii) it does not boycott Israel and will not boycott Israel during the term of the contract resulting from this Solicitation. If Respondent refuses to make that certification, Respondent shall state here any facts that make it exempt from the boycott certification: ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________. 38. Grantee understands, acknowledges, and agrees that, pursuant to Article IX, Section 6.25 of the General Appropriations Act (the Act), to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that, during the period for which funds are appropriated under the Act: (i) performs an abortion procedure that is not reimbursable under the state’s Medicaid program; (ii) is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the state’s Medicaid program; or (iii) is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state’s Medicaid program. The provision does not apply to a hospital licensed under Chapter 241, Health and Safety Code, or an office exempt under Section 245.004(2), Health and Safety Code. Grantee represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article IX, Section 6.25. 39. Grantee understands, acknowledges, and agrees that, pursuant to Chapter 2272 of the Texas Government Code, except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider. Grantee certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272 of the Texas Government Code. If Grantee refuses to make that certification, Grantee shall state here any facts that make it exempt from the certification: ________________________________________________________________________ ________________________________________________________________________ _______________________________________________________________________. 40. Grantee represents and warrants that if Grantee or Subcontractors, officers, or employees of Grantee have access to any state computer system or database, the Grantee, Subcontractors, officers, and employees of Grantee shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 Page 66 of 66 41. Grantee understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Grantee is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 42. Grantee represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract. 43. Grantee represents and warrants that all statements and information prepared and submitted by Grantee in this Contract and any related Solicitation Response are current, complete, true, and accurate. Grantee acknowledges any false statement or material misrepresentation made by Grantee during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Grantee understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Grantee is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 44. Grantee represents and warrants that the individual signing this Contract is authorized to sign on behalf of Grantee and to bind the Grantee. Authorized representative on behalf of Grantee must complete and sign the following: Legal Name of Grantee: _______________________________________ Signature of Authorized Representative Date Signed Printed Name and Title of Authorized Representative Phone Number Federal Employer Identification Number Fax Number DUNS Number Email Address Physical Street Address City, State, Zip Code Mailing Address, if different City, State, Zip Code DocuSign Envelope ID: E7531384-453D-4E86-8404-06A68CCFBDB0 AnnetteR@cctexas.com DATE:November 4, 2019 TO:Peter Zanoni, City Manager FROM:Al Raymond, Director Development Services alraymond@cctexas.com (361) 826-3276 CAPTION: Ordinance abandoning and vacating a 10-foot wide by approximately 703-feet in length (7,048.1 sq. ft.) existing utility easement out of Lot 2B and Lot 2C, Block 1, SWACO Tract, located at 1706 Saratoga Boulevard. (District 3) SUMMARY: The purpose of this ordinance is to close, abandon and vacate a 10-foot-wide by approximately 703-feet in length (7,048.1 sq. ft.) utility easement. The applicant plans to build walk-up storage units and a boat and RV storage building for a future self-storage business on the property. BACKGROUND AND FINDINGS: Gail Faldet (Owner) is requesting the closure of a 10-foot-wide by approximately 703- feet-long (7,048.1 sq. ft.) existing utility easement located at 1706 Saratoga Blvd. This easement closure request is submitted in order to facilitate the construction of walk-up storage units and a boat and RV storage building as part of a planned self-storage business on the property. To facilitate the construction of the walk-up units and the boat and RV storage building, the closure of the easement is required. The footprint of the proposed storage buildings will need to encroach upon the easement in order to leave enough parking lot access for the existing building and for the future boat and RV customers. The proposed building will run along the southeastern property line of the applicant’s property on top of the closed easement. The property is zoned IL and there are zero side-yard requirements with this zoning category. There are no public or franchised utilities located in the easement. All Easement Closure for 1706 Saratoga Boulevard AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of December 17, 2019 Second Reading Ordinance for the City Council Meeting of January 14, 2020 installed utilities are located in an easement that fronts property along Saratoga Boulevard. After contacting all public and franchised utilities, there are no objections to the easement closure and no zoning variances have been requested. The applicant requesting the utility easement closure has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. ALTERNATIVES: Deny the applicant’s request and have the applicant build the storage buildings in such a manner that they do not encroach upon the easement. This action may impact the design and size of the planned storage buildings and may result in the project not being financially beneficial for the applicant if the easement is not closed. FISCAL IMPACT: There are no financial impacts associated with the closing of the easement. The easement has no fair market value associated with its closure. Funding Detail:N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff supports the applicant’s request for the easement closure. The closure of the easement will support a future local business and provide customers with additional storage choices to meet their needs. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits Location Map Presentation That the foregoing ordinance was read for the first time and passed to its second reading on this the ___ day of _____ , 2019, by the following vote: Joe McComb Michael Hunter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez That the foregoing ordinance was read for the second time and passed finally on this the __ _ day of ____ 2020, by the following vote: Joe McComb Michael Hu nter Roland Barrera Ben Molina Rudy Garza Everett Roy Paulette M. Guajardo Greg Smith Gil Hernandez PASSED AND APPROVED on this the ___ day of _______ , 2020. ATTEST: Rebecca Huerta City Secretary Joe McComb Mayor SAR A T O G A B L V D GREENWOOD DR HWY 286 SARAH DR LAN D S R D HACALA ST CALLE CUERNAVACA TEAMWORK TRL TRI P L E C R O W N D R DAY S E N D D R DOR A D O S T HARWICK DR KEN T U C K Y D E R B Y D R FRIO ST FM 43 HWY 286MCA R D L E R D FM 665 SH 3 5 8PORT WEBER RDOLD BROWNSVILLE RDKOSTORYZ RDGREENWOOD RDµ 0 800400Feet LOCATION MAP Date Created: 11/7/2019Prepared By: JeremyMDepartment of Development Services EASEMENTCLOSUREEASEMENT CLOSURE SWACO TRACTBLOCK 1, LOTS 2B & 2C EASEMENTCLOSURE City Council Presentation December 17, 2019 Easement Closure For 1706 Saratoga Boulevard (Lot 2B and Lot 2C, Block 1, SWACO Tract) Vicinity Map Aerial Overview 10’ x 703’ Utility Easement 1706 Saratoga Blvd Location of Future Storage Buildings Staff Recommendation Approval The applicant requesting the utility easement closure has paid the required $530.00 application fee and the easement closure request has been processed in accordance with Section 49-13 of the City Code of Ordinances. DATE:December 17, 2019 TO:Peter Zanoni, City Manager FROM:Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 CAPTION: Ordinance to revise fees for Sunrise Beach Park camp sites effective February 1, 2020. SUMMARY: The purpose is to update the rental fees at Sunrise Beach Park for daily, overnight, weekly, and monthly use. The City assumed operation of the Park in January 2009, and the fees were last updated in 2011. Inflation calculations from 2011-2018 along with a comparison of fees from Lake Corpus Christi State Park, Hatch RV, Ransom RV, Naval Air Station Corpus Christi RV, On the Beach RV, Padre Balli RV, and Puerto del Sol RV parks were used to develop the revised Sunrise Beach rental fees. BACKGROUND AND FINDINGS: Sunrise Beach Park is located approximately four miles southwest of Mathis and at the north end of Wesley E. Seale Dam. The Park is 27 acres in size and has approximately one mile of shoreline on Lake Corpus Christi. Sunrise Beach Park was operated by private individuals under contract with the City of Corpus Christi Water Department until January 1, 2009, when the Water Department assumed operation of the Park. Daily, overnight, weekly, and monthly fees were established in 2009 and last updated in 2011. For the revised fees, all camp site rental fees include two occupants, with the fee for each additional occupant remaining the same ($4). Daily use fee remains the same ($10), as does the use of boat ramp fee ($10). Children aged 6 and under remain free. Summary of updated fees: Rental Current Fee New Fee Overnight (no electricity or water)$25 $30 Overnight (electricity and water provided)$30 $40 Overnight (electricity, water, and sewer provided)$35 $45 Weekly (electricity, water, and sewer provided)$150 $225 Monthly (electricity, water, and sewer provided)$400 $650 Ordinance to Revise Fees for Sunrise Beach Park Camp Sites AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting December 17, 2019 Second Reading Ordinance for the City Council Meeting January 14, 2020 ALTERNATIVES: Maintain the current fee structure. FISCAL IMPACT: Revenues will increase or decrease depending on visitor usage and length of stay and if visitors will pay the higher fees. Assuming the current occupancy rate is maintained, the fee charges would increase revenue by approximately $9,350 per month. RECOMMENDATION: Staff recommends approval of this ordinance to revise fees for Sunrise Beach camp sites. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance to revise fees for Sunrise Beach camp sites effective February 1, 2020 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, that: SECTION 1. Section 12-108 of the Corpus Christi Code of Ordinances, is amended to read as follows: Sec. 12-108. - Sunrise Beach recreation site. (a) The director of water operationsutilities, or designee, is authorized to prepare and sign standard user or rental agreements for the rental of camp sites, recreational vehicle parking spaces, and other facilities and equipment at the City's Sunrise Beach recreation site on Lake Corpus Christi. All rental agreements must be signed by the director or the director's designee under the following conditions: (1) The form of every rental agreement must be approved by the city attorney, or designee, but the city attorney, or designee, is not required to sign the approval on each document executed under this section. (2) All blanks must be filled in and the information required by the standard form doc ument must be provided. (3) Verbal arrangements to rent are not recognized under any circumstances. (4) This section, the standard form documents for the rental agreements, and rules for the operation of the Sunrise Beach recreation site constitute the whole agreement between the parties and may not be altered unless done so in writing, signed by authorized representative of both parties, and approved by the city attorney, or designee. (5) All rental agreements must provide that parties contracting for the use of city's facilities or other property hold the city harmless from any and all liability for any claim or claims as a result of use of the premises, equipment, or other property and must indemnify the city in case of any claims resulting from their operations, use, or occurring as a result of their occupancy of the premises or use of property and all agreements shall specifically include such provisions. (6) Rental agreements may not be assigned without the prior written authorization of the dir ector. (b) The director of water operationsutilities shall apply any deposit against any amounts owed to the City of Corpus Christi for use of the property or facilities, and the director may refuse to enter into any rental agreement until any and all amounts due the city by any applicant or organization, o r by any organization, which the applicant has represented, have been paid in full. (c) The director, or designee, may enter rented facilities for the purpose of ensuring that parties comply with the provisions of this section, the rules, or the applicable rental agreement. (d) The director shall publish rules governing the operation of the city's Sunrise Beach recreation site, which may include, but are not limited to, the length of stay; deposits required; late fees, service charges, and application fees; maintenance and repair of camp sites, recreational vehicle parking spaces, and other facilities and equipment; disposal of solid waste; use of city provided utility services; use of city provided common facilities; hours of operation of facilities; an d standards of conduct. The rules must be approved by the city attorney, or designee. (e) The director shall charge the following applicable fees for use of the facilities at the Sunrise Beach recreation site: Facility Fee Daily Use Automobile (1 or two passengers) $10.00 Additional passengers 4.00 Children (6 and under) Free Use of Boat Ramp 10.00 Overnight Primitive Tent Camping (no electricity or water) Automobile or RV (1 or two occupants) $25.00 30.00 Additional occupants 4.00 Children (6 and under) Free Overnight Camping (electricity and water provided) RV (1 or two occupants) $30.00 40.00 Additional occupants 4.00 Children (6 and under) Free Overnight Camping (full hook-up - electricity, water, and sewer provided) RV (1 or two occupants) $35.00 45.00 Additional occupants 4.00 Children (6 and under) Free Extended Stay RV sites (full hook-up - electricity, water, and sewer) Weekly site 150.00 $225.00 Monthly site 400.00 $650.00 Extended Stay Stationary Mobile Home or RV sites (partial hook-up - water and sewer/electricity individually metered) 450.00 (Ord. No. 028687, § 1, 7-20-2010; Ord. No. 029159, § 1, 7-26-2011) SECTION 2. This ordinance takes effect on February 1, 2020 after official publication. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2019, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 20202. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM: Rosa Medina, Director of Human Resources RosaM@cctexas.com (361) 826-3306 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a two-year service agreement, with one additional one-year option with Unique Employment, LTD. of Corpus Christi, Texas in an amount not to exceed $500,000.00 for the initial term and a total potential contract value not to exceed $750,000.00, for temporary staffing services to be used by various departments with prior approval from Human Resources on an as needed basis, effective upon issuance of a letter of acceptance, with FY 2020 funding available from various departmental funds. SUMMARY: This motion authorizes a two-year service agreement, with one additional one-year option with Unique Employment, LTD. for temporary staffing services to be used by various departments with prior approval by Human Resources on an as needed basis. BACKGROUND AND FINDINGS: On August 1, 2016, the City implemented the City’s Temporary Staffing Program to gain control and oversight on program administration, reduce annual temporary staffing costs and create a pool of qualified candidates that would pass the City’s stringent pre - employment screening process for potential temporary to regular employee hire status. Additionally, the City also provides internal temporary staffing services to provide basic labor resources to various City departments. In the last fiscal year, we maintained a monthly average headcount of 120 active internal City temporary staff. This included positions such as Utility Technicians, Laborers, and Administrative staff. To support these efforts, the City’s recruitment office partners with a staffing agency to provide labor resources to our internal departments in a timely fashion. This includes Service Agreement for Temporary Staffing Services for the City’s Temporary Staffing Program AGENDA MEMORANDUM Action item for the City Council Meeting of January 14, 2020 challenging/difficult to fill positions such as GIS Technicians and Engineers. In the last fiscal year, we filled 54 temporary requests through external agency support for a total expenditure of $166,899.59. The City previously held a contract for staffing services with Advance Temporaries Inc. up to termination of their contract as they no longer service the Corpus Christi area. The Contracts and Procurement Department conducted a competitive Request for Proposal to obtain proposals for a new contract. The City received three proposals. The proposals were evaluated, and the City interviewed all three firms. Included on the interview panel were representatives from the Human Resources Department, the Development Services Division, Risk Management Services, and the Executive Offices Division. The pricing was evaluated and scored . Final scores were tabulated for each firm to determine the highest-ranking firm offering the best value to the City for temporary services. Staff is recommending award to Unique Employment, LTD as the highest- ranking firm. ALTERNATIVES: The alternative is to continue the City’s Temporary Staffing Program, without partnering with a staffing agency. This may lead to a delay in filling the departments’ work requirement for temporary workers. FISCAL IMPACT: The fiscal impact is undetermined due to the nature of this agreement, which is based on departmental staffing needs. The City’s Temporary Staffing Program will be utilized by various City departments. Annual funding of $250,000 is available and will be funded by the various departments FY2020 budget. RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year service agreement with one additional one-year option with Unique Employment, LTD. for temporary staffing services as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix RFP 2196 Temporary Staffing Services Cynthia Perez Proposal Evaluation Diskriter, Inc,Nitelines, USA Unique Employment Minimum Qualifications Required five years in Business No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm Technical Proposal Technical proposal (50 points)37.00 34.40 42.50 Experience on projects of similar scope and complexity Past performance and reference checks Experience with attracting local talent Interview Interview (30 points)16.80 16.50 27.00 Firms experience Understanding of project scope Knowledge of similar services Knowledge of similar services Price Price (20 points)19.66 14.69 16.25 Total 73.46 65.59 85.75 Pass Pass Pass DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a lease-purchase of four 2019 Freightliner 114SD combination sewer vacuum trucks, as additions to the fleet for the Water Utilities Department that will be used to clean wastewater lines throughout the City, to be purchased from Houston Freightliner, Inc. of Houston, Texas, in an amount not to exceed $1,680,334.20, effective upon issuance of letter of acceptance, with FY 2020 funding in an estimated amount of $224,044.56 available through the Wastewater Fund. SUMMARY: This motion authorizes the lease-purchase of four 2019 Freightliner 114SD combination sewer trucks as additions to the fleet for the Water Utilities Department through the H- GAC Cooperative. This new equipment will be utilized by the additional four wastewater line cleaning and inspection crews that will take over work currently performed by contractors as part of the approved FY 2020 Enhancement Package. BACKGROUND AND FINDINGS: The Water Utilities Department has an operational requirement to lease-purchase four combination sewer vacuum trucks, which will be used to clean wastewater lines throughout the City. The City has almost 1,400 miles of wastewater pipes to maintain, and the equipment will be used to clean the wastewater lines before inspecting and Lease Purchase of Four Combination Sewer Trucks for Utilities AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2020 identifying any needed repairs. These new additions to the fleet will be utilized by the additional staffing of four wastewater line cleaning and inspection crews as approved in FY 2020 Enhancement Package. This procurement is through the H-GAC Cooperative. Contracts awarded through the Houston-Galveston Cooperative have been competitively procured, in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative is not to lease-purchase this equipment. This would result in less in-house capability to execute maintenance and emergency response work; therefore, creating a loss of service to City customers. As part of the Utilities Department’s FY 2020 Budget Enhancements, the lease-purchase option lowers the impact on wastewater rates. FISCAL IMPACT: The fiscal impact for Utilities Department in FY 2020 is an estimated amount of $224,044.56. The remaining balance will be budgeted in future years through the annual budget process. Financing for the lease-purchase of four 2019 Freightliner 114SD Combination Sewer Vacuum Trucks is based on a sixty-month term with an estimated interest rate of 3.00% for an annual estimated payment of $366,066.84. (The current interest rate is 2.4%.) The total estimated cost over the five-year period, including principal of $1,558,576.00 and interest of $$122,758.20, is $1,680,334.20. A not to exceed tolerance of $1,000.00 has been added to the interest amount to allo w for the possible fluctuation of the interest rate. Total Lease Purchase Price: $1,558,576.00 Total estimated allowable interest for Lease: $ 122,758.20 Grand Total: $1,680,334.20 FUNDING DETAIL: Fund: 4200 Wastewater Fund Organization/Activity: 33400 Wastewater Collection System Mission Element: 042 Wastewater Collection System Project # (CIP Only): N/A Account: 530190 Lease Purchase Payments RECOMMENDATION: Staff recommends approval of this motion authorizing the lease-purchase of four 2019 Freightliner 114SD Combination Sewer Truck from Houston Freightliner, Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL 1 2019 Freightliner 114 SD 4 each $389,644.00 $1,558,576.00 $1,558,576.00 Houston Freightliner, Inc. Houston, TX TOTAL Price Sheet Lease Purchase of Four Combination Sewer Trucks for Storm Water-Utilities H-GAC Contract HT60-18 City of Corpus Christi Contracts and Procurement Senior Buyer: Cynthia Perez DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a lease-purchase of four 2019 Ford E-450 Cutaway Closed Circuit Television (CCTV) vans, as additions to the fleet for the Utilities Department to inspect various wastewater lines throughout the City, to be purchased from Silsbee Ford of Silsbee, Texas, in an amount not to exceed $1,043,654.93, effective upon issuance of letter of acceptance, with FY 2020 funding in an estimated amount of $139,153.99 available through the Wastewater Fund. SUMMARY: This motion authorizes the lease-purchase of four 2019 Ford E-450 Cutaway CCTV vans for the Utilities Department. This new equipment is part of the approved FY2020 Budget Enhancement Package to add four wastewater line cleaning and inspection crews that will take over work currently performed by contractors. These new units are additions to the fleet, and the lease-purchase option lowers the impact on utility rates. BACKGROUND AND FINDINGS: The Utilities Department has an operational need to acquire four CCTV vans, which will be used to inspect various wastewater lines throughout the City. These new additions to the fleet are part of the approved FY20 20 Budget Enhancement Package to add four wastewater line cleaning and inspection crews. The City has almost 1,400 miles of Close Circuit Television (CCTV) Vans for Utilities AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2020 wastewater pipes to maintain, and this equipment will be used to inspect the wastewater lines and identify any needed repairs. This procurement is through the GoodBuy Cooperative. Contracts awarded through the GoodBuy Cooperative have been competitively procured in compliance with Texas local and state procurement requirements. ALTERNATIVES: An alternative is not to lease-purchase this equipment. This would result in less in-house capability to execute maintenance and emergency response work, therefore creating a loss of service to City customers. As part of the Utilities Department’s FY2020 Budget Enhancements, the lease-purchase option lowers the impact on utility rates. FISCAL IMPACT: The fiscal impact for Utilities Department in FY 2020 is an estimated amount of $139,153.99. The remaining balance will be budgeted in future years through the annual budget process. Financing for the lease purchase of four 2019 Ford E-450 Cutaway CCTV Vans is based on a sixty-month term with an estimated interest rate of 3.00% for an annual estimated payment of $208,730.99. (The current interest rate is 2.4%.) The total estimated cost over the five-year period, including principal of $968,030.96 and interest of $76,623.97 is $1,043,654.93. A not to exceed tolerance of $1,000.00 has been added to the interest amount to allow for the possible fluctuation of the interest rate. Total Lease Purchase Price: $ 968,030.96 Total estimated allowable interest for Lease: $ 76,623.97 Grand Total: $1,043,664.93 FUNDING DETAIL: Fund: 4200 Wastewater Fund Organization/Activity: 33400 Wastewater Collection System Mission Element: 042 Wastewater Collection System Project # (CIP Only): N/A Account: 530190 Lease Purchase Payments RECOMMENDATION: Staff recommends approval of this motion authorizing the lease-purchase of four 2019 Ford E-450 Cutaway CCTV Vans from Silsbee Ford as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet ITEM DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL 1 2019 Ford E-450 Cutaway Vans - IBAK Panoramo TV System 3 each $264,288.49 $792,865.47 2 2019 Ford E-450 Cutaway Vans - IBAK TV System 1 each $175,165.49 $175,165.49 $968,030.96 Silsbee Ford Silsbee, TX TOTAL Price Sheet Lease Purchase of Four CCTV Vans for Utilities GoodBuy Contract 17-17 8F000 Vehicles City of Corpus Christi Contracts and Procurement Senior Buyer: Cynthia Perez DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM: Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1909 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing a three-year service agreement with Doggett Heavy Machinery Services, LLC for an amount not to exceed $238,200.00 for off-site repairs of John Deere construction equipment for Asset Management, effective upon notice to proceed, with FY 2020 funding in an estimated amount of $66,166.67 available through the Fleet Maintenance Service Fund. SUMMARY: This item authorizes a three-year service agreement to provide off-site repairs at vendor’s facility of John Deere construction equipment for the Asset Management Department. This service will consist of the repairs needed to keep the City’s off-road construction equipment running. BACKGROUND AND FINDINGS: The Asset Management Department maintains John Deere construction equipment for City departments. The services from Doggett Heavy Machinery Services, LLC are to repair excavators, backhoes, loaders, skid steers, maintainers, and other equipment respectively. In each case, use of these se rvices is to repair equipment that operate in support of public health and safety requirements for the City of Corpus Christi. These services range across the spectrum of operational requirements. This service is essential for Asset Management (Fleet) to ensure successful Fleet readiness and availability. Doggett Heavy Machinery Services, LLC is the fully authorized sole source provider for these repairs. Off-site Repairs for John Deere Construction Equipment AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2020 ALTERNATIVES: No alternatives have been considered due to Doggett Heavy Machinery Services, LLC being the fully authorized sole source provider for these repairs. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2020 is estimated at $66,166.67 for this three-year supply agreement. The remaining $172,033.33 will be budgeted in future years through the annual budget process. Funding Detail: Fund: 5110 Fleet Maint Svc Organization/Activity: 40170 Fleet Operation Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends approval of this motion authorizing a three -year agreement with Doggett Heavy Machinery Services, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Service Agreement Page 1 of 2 Resolution authorizing a three-year service agreement with Doggett Heavy Machinery Services, LLC for an amount not to exceed $238,200.00 for off-site repairs of John Deere construction equipment for Asset Management, effective upon notice to proceed, with FY 2020 funding in an estimated amount of $66,166.67 available through the Fleet Maintenance Service Fund. WHEREAS, the Off-site repairs of John Deere construction equipment will be requested by Asset Management personnel; WHEREAS, this item is for off-site repairs of John Deere construction equipment for the Asset Management Department; 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) (2), as this purchase is necessary to provide to preserve or protect the public health and safety of the municipality’s residents ; and 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. 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 three-year service agreement with Doggett Heavy Machinery Services, LLC for the purchase of off-site repairs of John Deere construction equipment for a total amount not to exceed $238,200.00. Page 2 of 2 PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Rolando Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Service Agreement Standard Form Page 1 of 7 SERVICE AGREEMENT NO. 2423 Repairs at Vendor Facilities for John Deere Construction Equipment THIS Repairs at Vendor Facilities for John Deere Construction Equipment Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Doggett Heavy Machinery Services, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Repairs at Vendor Facilities for John Deere Construction Equipment in response to Request for Bid/Proposal No. SS2423 (“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 Exhibit s 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 Repairs at Vendor Facilities for John Deere Construction Equipment (“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 years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department . The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment prior to the expiration of the original term or the then -current Option Period. The City’s extension auth orization must be executed by the City Manager or designee. 3. Compensation and Payment. T his Agreement is for an amount not to exceed $238,200.00, 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. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Service Agreement Standard Form Page 2 of 7 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: Frank Olvera Department: Asset Management/Fleet Maintenance Phone: 361 -826-1917 or 361-815-5901 Email: FranciscoO@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 C OI 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 1 0 days of the City Manager's written req uest. 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 amount s 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, t he 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 author ized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 3 of 7 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. Th e 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, if at all, 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 it s 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 30 th 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. Service Agreement Standard Form Page 4 of 7 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 Att n: Frank Olvera Title: Vehicle and Equipment Admin Inspector Address: 5352 Ayers, Bldg 3B, Corpus Christi, TX 78405 Phone: 361 -826-1917 or 361-815-5901 Fax: 361-826-4596 IF TO CONTRACTOR: Doggett Heavy Machinery Services Att n: Drew Schuelke Title: Sales Rep Address: 6134 N. Padre Island Dr., Corpus Christi, TX 78406 Phone: 361 -212-1280 Fax: 361-289-7229 Service Agreement Standard Form Page 5 of 7 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 , TO THE EXTENT ARISING OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT BY 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 SUCH 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 TO THE EXTENT ATTRIBUTABLE TO CONTRACTOR’S ACTS OR OMISSIONS. 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 comply with any of the terms 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. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Service Agreement Standard Form Page 6 of 7 Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 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 th e 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 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. it s 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 if required by said statute. 24. Governing Law. Contractor agrees to comply with all federal, Texas, a nd City laws in the performance of this Agreement. 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. RFQ Revised 4.19.2019 ATTACHMENT A: SCOPE OF WORK 1.General Requirements/Background Information The Contractor shall provide off-site repair services for John Deere construction equipment for the City of Corpus Christi Asset Management Department as outlined in this Scope of Work. 2.Scope of Work A.Off-Site Repair Service Requirements 1.Contractor must have a permanent, principal place of business, in which the service is provided, within the city limits of Corpus Christi, Texas. 2.Contractor shall perform repairs including, but not limited to, engine, drivetrain, body, electrical, HVAC, suspension, brakes and wheel alignments for John Deere construction equipment. 3.Contractor shall be ASE or Factory Certified. 4.Contractor shall perform both Electrical and Mechanical Diagnostics. 5.All preventive and unscheduled maintenance and repair to include parts and labor. 6.Contractor shall provide Original Equipment Manufacturer (OEM) parts. 7.Contractor shall not sublet any repairs. 8.The City shall not be responsible for any towing charges for immediate failures after repairs have been completed. By the Contractor. 9.If Contractor experiences immediate failure when delivering vehicles, Contractor shall use the City’s contracted towing company to return the vehicles for repair. B.Lead Time 1.Contractor shall give City of Corpus Christi first priority over any and all other customer repairs and of City of Corpus Christi repairs, first responder vehicles shall have first priority and shall provide same-day priority service. This standard will apply to a full six-day work week, Monday through Saturday, and include items covered under warranty as well as non-warranty repairs. 2.Contractor shall have four business days, Monday through Friday, 8:00 AM to 5:00 PM, and Saturday 8:00 AM to 12:00 PM to complete what is constituted as a minor repair according to the manufacturer. Page 1 of 2 RFQ Revised 4.19.2019 3.Contractor shall have eight business days, Monday through Friday, 8:00 AM to 5:00 PM, and Saturday 8:00 AM to 12:00 PM to complete what is considered major repair according to the manufacturer. Extensions require approval from the Contractor Administrator. C.Pickup/Delivery 1.The City will use its authorized contracted towing company to deliver the inoperative vehicle to the Contractor. The City will notify the Contractor of vehicles being towed and delivered to Contractor for repairs. On the same day the vehicle is received, the Contractor shall send an email to the Contract Administrator. Contractor will indicate the date the vehicle was received, repair estimate and estimated completion time of service. 2.Asset Management Staff will transport operative vehicles to and from the Contractor’s facility. 3.Contractor shall be available to pick up and deliver operable vehicles If Asset Management staff are unable to pick up/deliver them. 3.Invoicing A. Labor shall be invoiced for actual hours worked times the hourly rate as outlined on the Quote/Pricing Schedule form. B. Materials shall be provided to the City at Cost and allowable contract mark up The Contractor shall include copies of receipts as back-up for each invoice. 4.Work Site and Conditions The Contractor must be located within the City of Corpus Christi. 5.Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 2 of 2 3 year Grand Total $238,200.00 Initial Approval of Total ___________ Page 1 of 1 Page 1 of 3 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 Fire Chief 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 GARAGE KEEPERS PHYSICAL DAMAGE COVERAGE including: 1. Physical Damage on a Direct Primary Basis Actual Cash Value of Vehicles While in Care, Custody or Control 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 2 of 3 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 Page 3 of 3 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. 2019 Insurance Requirements Purchasing Auto Garage Services and Repairs - Off Site 04/09/2019 sw Risk Management BOND REQUIREMENTS: Section 5. Insurance; Bonds. Subsection (B) is null to this Service Agreement Page 1of 1 RFQ Revised 1.3.2018 ATTACHMENT D: WARRANTY REQUIREMENTS The Contractor shall provide a one-year warranty for workmanship. CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BUYER: CINDY RAMOS DESCRIPTION Unit 3 Year Qty Unit Price Extended Price Labor rate for repairs Hr 390 $130 $50,700.00 Mark Up %Estimated Spend + Mark Up Markup-parts and materials 25%$187,500.00 $238,200.00Grand Total Price Sheet Service Agreement for off-site repairs for John Deere construction equipment Sole Source- Doggett Heavy Machinery Services, LLC., Corpus Christi, Texas Estimated Spend $150,000 DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a two-year supply agreement with Polydyne, Inc., of Riceboro, Georgia, for an amount not to exceed $1,600,800.00 for liquid cationic polymer to be used as a coagulant at the O.N. Stevens Water Treatment Plant for the treatment process of potable water, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $600,300.00 available through the Water Fund. SUMMARY: This is a supply agreement for liquid cationic polymer for the O.N. Stevens Water Treatment Plant. Liquid cationic polymer is used as a coagulant aid to increase the settling of suspended solids during the water treatment process at the O.N. Stevens Water Treatment Plant. The polymer helps bring suspended particles in the water together to form large particles that sink to promote settling during the treatment process. BACKGROUND AND FINDINGS: Liquid cationic polymer is a coagulant aid chemical used for the treatment of potable water at O.N. Stevens Water Treatment Plant. The polymer enhances the effectiveness of the coagulant (aluminum sulfate) in bringing small particles in the water together to form larger particles that sink, in order to increase settling during treatment. The City currently receives liquid cationic polymer from Polydyne, Inc. of Riceboro., Georgia. Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for a new contract. The City received three responsive, responsible bids, and is recommending award to the lowest, responsive, responsible Supply Agreement for Liquid Cationic Polymer for Water Treatment for the O.N. Stevens Water Treatment Plant O.N. Stevens Water Treatment Plant AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2020 bidder, Polydyne, Inc. ALTERNATIVES: An alternative to securing a long-term supply agreement is to purchase the liquid cationic polymer through short-term supply agreements. This method of transactions may cause delays in the shipment of this critical chemical used for the treatment of potable water. In addition, the cost will depend on the market price at the time of purchase, which may be higher than a locked-in price obtained through a long-term agreement. FISCAL IMPACT: The fiscal impact to the Utilities Department in FY 2020 is an amount not to exceed $600,300.00 for this two-year supply agreement for the purchase of liquid cationic polymer, which is used as a coagulant aid to increase the settling of suspended solids during the water treatment process. The remaining cost will be budgeted in future years through the annual budget process. The current supply agreement that expires in January 2020 is for twelve months and not to exceed $730,000.00. Funding Detail: Fund: 4010 Water Organization/Activity: 31010 Stevens Filter Plant Mission Element: 062 Treat water Project # (CIP Only): N/A Account: 520010 Purification Chemicals RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year supply agreement with Polydyne, Inc. for the purchase of liquid cationic polymer as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Bid Tabulation Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form November 11, 2019 SUPPLY AGREEMENT NO. 2629 Liquid Cationic Polymer THIS Liquid Cationic Polymer Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Polydyne, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Liquid Cationic Polymer in response to Request for Bid No. 2629 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’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 Contractor agree as follows: 1. Scope. Contractor will provide Liquid Cationic Polymer 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 zero-month periods (“Option Period(s)”), provided, the parties do so by written amendment 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 $1,600,800.00, 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. Contractor shall invoice no more frequently than once per month. 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. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form November 11, 2019 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 Department Phone: (361) 826-1827 Email: dianaG@cctexas.com 5. Insurance. 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor 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 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 products will remain with the Contractor 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 Contractor, 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 Contractor within 30 days of receipt of City’s invoice. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form November 11, 2019 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any 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 products 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 unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. 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. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form November 11, 2019 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: Diana Zertuche- Garza Title: Contracts/Fund Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1827 Fax: (361) 826-1715 IF TO CONTRACTOR: 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. 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form November 11, 2019 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 comply with any of the terms 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. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 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 Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form November 11, 2019 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 if required by said statute. 24.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 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. (SIGNATURE PAGE FOLLOWS) Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form November 11, 2019 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Kim Baker Director of Contracts and Procurement 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. 2629 Exhibit 2: Contractor’s Bid Response Boyd Stanley Vice-President 12/3/19 Attachment A- Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide liquid cationic polymer (PolyDadmac) as outlined in this Scope of Work. 1.2 Scope of Work The Contractor shall supply PolyDadmac Solution based on the following product technical specifications: A. The PolyDadmac Solution shall meet the following requirements: 1.Weight percent of Active PolyDadmac Solids: 40.0 ± 1.0 wt.% 2.Viscosity Range: 1000 to 3500 cps (centipoise); 3.Molecular-Weight Range: 150,000 to 300,000; 4.Homogeneity of Molecular Weight: +/- 50,000; 5.Repeating Monomeric Unit: Diallyl dimethylammonium Chloride hereinafter abbreviated as “DADMAC”; 6.Specific Gravity: 1.06 to 1.09 g/mL; 7.pH Range: 5.00 to 8:00; 8.Water Solubility: Completely Soluble; 9.Free DADMAC Equivalent Allowable Concentration in Product: <1,000 mg/kg; 10.Dimethylamine Equivalent Allowable Concentration in Product: <735 mg/kg; 11.Sodium Chloride Equivalent Allowable Concentration in Product: <1,000 mg/kg; 12.Total Solids: 45 ± 2 wt.% B. The Supplier shall comply with the American National Standards Institute/American Water Works Association Standard for Poly (Diallyl dimethyl Ammonium Chloride), ANSI/AWWA B451-04 with addendum B451 a-07. C. 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. D. 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 Delivery and Weighing Requirements A. 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 (Diallyl dimethyl Ammonium Chloride)”. B. 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. C. 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. The Delivery of product must be made within 7-10 days from the date of request. After request has been made, the date of delivery must be confirmed by email. D. 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. 1.4 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 requirement. 1.5 OSHA and Training A. The Contractor must comply with all requirements and standards of the Occupational Safety and Health Act. All appropriate marking shall be in place before delivery. Items not meeting OSHA specifications will be refused. B. The Contractor shall provide training to City employees in the safe handling, storage, and use of the material on a semiannual 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 on the Safety Data Sheets shall be thoroughly covered. 1.6 Ownership City’s ownership of the Liquid Cationic Polymer shall begin, and Contractor’s ownership shall cease, upon the unloading of the chemical at the O.N. Stevens Water Plant. 1.7 Billing The Contractor must base billing and pay quantity for each chemical shipment on “local” certified weight tickets for delivery of Liquid cationic Polymer. The invoice shall include the purchase order number or supply agreement number. Attachment B- Bid/Pricing Schedule 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 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 $500,000/$500,000/$500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence 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. 2019 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services- Services Performed Onsite- Pollution 04/26/2019 Risk Management - Legal Dept. TITLE: RFB 2629 Liquid Cationic Polymer Senior Buyer: Cynthia Perez UNIT EXTENDED UNIT EXTENDED UNIT EXTENDED PRICE PRICE PRICE PRICE PRICE PRICE 1 Liquid Cationic Polymer(PolyDadmac)Wet Tons 870 1,910.00$ $1,661,700.00 $1,840.00 $1,600,800.00 $1,861.99 $1,619,929.82 $1,661,700.00 $1,600,800.00 $1,619,929.82 CITY OF CORPUS CHRISTI Contracts and Procurement Request for Bid Supplier 1 Supplier 2 Supplier 3 Bid Tabulation Polydyne, Inc. Riceboro, GA Sterling Water Technologies Columbia, TNLittle Rock, AR TOTAL GEO Specialty DESCRIPTIONITEM Unit QTY DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year supply agreement with Arguindegui Oil Co. II, Ltd., of Laredo, Texas, in an amount not to exceed $112,858.20 for the supply and delivery of full synthetic 0W20 motor oil to the Corpus Christi International Airport’s Quick Turn-Around Facility as a pass-through expense at market cost to rental car tenants, effective upon issuance of notice to proceed, with funding in FY 2020 in the amount of $31,349.50 available through the Airport CFC Fund. SUMMARY: This motion authorizes a contract for the supply and delivery of full synthetic motor oil to the Corpus Christi International Airport’s Quick Turn-Around Facility. This motor oil supply is necessary for the Airport’s Quick Turn-Around Facility rental car tenants. The motor oil is provided to the tenants as a pass-through expense at market cost. BACKGROUND AND FINDINGS: The Corpus Christi International Airport provides motor oil to rental car agencies leasing property at the Quick Turn-Around Facility as a pass-through expense at market cost. The Quick Turn-Around Facility provides fuel, a car wash, service bays, and motor oil for rental car agencies to swiftly process rental vehicles. The Corpus Christi International Airport owns the storage tanks f or the motor oil inside the five service bays. Auto makers recommend utilizing full synthetic 0W20 motor oil for most newer vehicles. Motor Oil for Airport Quick Turnaround Facility AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2020 The Contracts and Procurement Department conducted a competitive Request for Bid (RFB) process and received three bids. Two of the bids were deemed nonresponsive, therefore, staff is recommending award to Arguindegui Oil Co. II, Ltd., as the lowest, responsive, responsible bidder. ALTERNATIVES: An alternative to accepting the lowest, responsive bid would to reject all bids and not secure a long-term supply agreement. This process may cause the facility to be without motor oil for a longer period than necessary, since the issuance of individual agreements and purchase orders will be required. In addition, a long -term service agreement will allow the opportunity for savings by means of economy of scale. FISCAL IMPACT: The fiscal impact for the Aviation Department in FY 2020 is approximately $31,349.50 for this three-year supply agreement with Arguindegui Oil Co. II, Ltd. for the supply and delivery of full synthetic 0W20 motor oil to the Corpus Christi International Airport’s Quick Turn-Around Facility, with the remaining cost funded in future years through the annual budget process. Funding Detail: Fund: 4632 Airport CFC Fund Organization/Activity: 35065 Airport Quick Turnaround Facility Mission Element: 272 Managing Airport Operations Project # (CIP Only): N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing a supply agreement with Arguindegui Oil Co. II, Ltd. as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement Supply Agreement Standard Form Page 1 of 7 SUPPLY AGREEMENT NO. 2265 MOTOR OIL FOR AIRPORT QTA THIS Motor Oil for Airport QTA Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Arguindegui Oil Co. II, Ltd. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Motor Oil for Airport QTA in response to Request for Bid No. 2265 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’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 Contractor agree as follows: 1. Scope. Contractor will provide Motor Oil for QTA 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 three years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment 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 $112,858.20, 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. Contractor shall invoice no more frequently than once per month. 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. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 2 of 7 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: Kellie Duncan Department: Aviation Phone: 361-289-0171 Ext. 1242 Email : KellieD@cctexas.com 5. Insurance. 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor 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 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 products will remain with the Contractor 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 Contractor, 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 Contractor within 30 days of receipt of City’s invoice. Supply Agreement Standard Form Page 3 of 7 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any 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 products 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 unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. 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. Supply Agreement Standard Form Page 4 of 7 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: Kellie Duncan Title: Planner/Scheduler Address: 1000 International Drive, Corpus Christi, Texas 78406 Phone: 361-289-0171 Ext. 1242 Fax: 361-826-4270 IF TO CONTRACTOR: Arguindegui Oil Co. II, Ltd. Attn: Jason Cox Title: Vice President of Sales Address: 6551 Star Coast, Laredo, Texas 78041 Phone: 956-722-5251 Fax: 956-727-7636 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 Supply Agreement Standard Form Page 5 of 7 ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms 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. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 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 operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. Supply Agreement Standard Form Page 6 of 7 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 if required by said statute . 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 26. Federal Funding Requirements. This project is subject to requirements provided for Federal Aviation Administration (FAA) and/or other federal agencies. 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 FAA or its designee may by appropriate instructions require and 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 the contract clauses. Supply Agreement Standard Form Page 7 of 7 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Kim Baker Director of Contracts and Procurement 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 Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 2265 Exhibit 2: Contractor’s Bid Response Jason Cox VP Sales 11/13/2019 Page 1 of 2 Attachment A – Scope of Work 1.1 General Requirements/Background Information 1. The Contractor shall provide all labor, transportation and supervision to deliver 0W20 full synthetic motor oil to the Corpus Christi International Airport’s Quick Turn Around Facility (QTA) as outlined in this Scope of Work. The Contractor must be adequately equipped, supplied and staffed to promptly and efficiently meet the City’s requirements. 2. The QTA is used by the rental car companies that do business at the airport and is located at 474 Pinson Drive, Corpus Christi, Texas 78406. The QTA has four above ground tanks in vehicle service bays, each with a 250-gallon capacity. 1.2 Scope of Work 1. The Contractor shall deliver 0W20 full synthetic motor oil as needed in quantities of 210 gallons each to the QTA Facility. The City anticipates biweekly orders, but the quantities and frequencies are estimated and are not guaranteed. A. The Contractor shall deliver orders by 4:30PM same day if ordered by 9:00AM. B. The Contractor shall deliver orders by noon the following day if ordered after 9:00AM. C. If the deliveries are not made within the time required, the Airport reserves the right to locate the product and any cost incurred, including additional cost over the quote price, will be charged to the Contractor. 2. The Contractor shall provide manifest indicating gross/net gallons at the time of delivery. 3. The Contractor must not leave hoses unattended during delivery operations. 4. The Contractor shall take all due precautions to prevent spillage of these products during delivery. Proper equipment maintenance, constant inspection, and where necessary, the use of collection pans during bulk oil transfer, will be employed to avoid leaks or spills. In the event of a spill, the Contractor shall be responsible for immediate containment, mitigation of the effects of the spill and cleanup of the spilled products at no cost to the City of Corpus Christi. Should the Contractor fail to take immediate action, the Airport may contract with a third party to accomplish the required control actions and Page 2 of 2 will hold the Contractor responsible for the cost incurred and may be grounds for termination of the agreement. A copy of the Contractor’s spill containment policy may be requested. Page 1 of 1 Attachment B – Schedule of Pricing Page 1 of 3 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence Page 2 of 3 C. In the event of accidents of any kind related to this agreement, 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 an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. 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 a copy of the 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 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, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Page 3 of 3 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any 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. Within five (5) calendar days of a suspension, cancellation, or non-renewal 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, 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 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 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. 2019 Insurance Requirements Ins. Req. Exhibit 4-C Contracts for General Services – Services Performed Onsite - Pollution 04/26/2019 Risk Management – Legal Dept. BOND REQUIREMENTS: No bonds are required, therefore, Service Agreement No. 2265, Section Insurance; Bonds subsections 5(B), is hereby void. Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS Warranty is not required for this supply agreement; therefore, Section 8 Warranty, subsections (A) and (B) are null and void. ATTACHMENT E: FEDERAL REQUIREMENTS E.1 GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes, Executive Orders and such rules as are promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract. This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. E.2 Compliance with Nondiscrimination Requirements: During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”), agrees as follows: 1. Compliance with Regulations: The Contractor (hereinafter includes consultants) will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor, with regard to the work performed by it during the contract, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities, including employment practices when the contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts, including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract, including procurements of materials, or leases of equipment, each potential subcontractor or supplier will be notified by the Contractor of the contractor’s obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race, color, or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non- discrimination provisions of this contract, the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate, including, but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling, terminating, or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Acts, the Regulations, and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Contractor becomes involved in, or is threatened with litigation by a subcontractor, or supplier because of such direction, the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition, the Contractor may request the United States to enter into the litigation to protect the interests of the United States. E.3 Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract, the Contractor, for itself, its assignees, and successors in interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601) (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits discrimination on the basis of disability); and 49 CFR part 27; The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits discrimination based on race, creed, color, national origin, or sex); The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs or activities” to include all of the programs or activities of the Federal-aid recipients, sub- recipients and contractors, whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189) as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 USC 1681 et seq). CITY OF CORPUS CHRISTI BID TABULATION CONTRACTS AND PROCUREMENT DEPARTMENT RFB 2265 BUYER: LOIS HINOJOSA MOTOR OIL FOR AIRPORT QTA 1 0W20 full synthetic motor oil deliveries as outlined in the Scope of Work GAL 16,380 *Vendor was found to be non-responsive, for submitting the wrong bid forms therefore, the firms bid was not considered. TOTAL PRICE 112,858.20$ ITEM DESCRIPTION QTY UNIT PRICE TOTAL PRICEUNIT UNIT PRICE 6.89$ Pinnacle Petroleum, Inc. Huntington Beach, CA ** UNIT PRICE -$ -$ -$ Sun Coast Resources, Inc. Houston, TX ** TOTAL PRICE -$ Arguindegui Oil Co. II, Ltd. Laredo, TX Page 1 of 1 DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM : Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1909 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a two-year service agreement with three one-year options for a total amount not to exceed $ 370,000.00 for the initial term and a total potential value not to exceed $925,000.00, with Gourley Contractors, LLC of Corpus Christi, Texas for Electrical Services to City occupied facilities for maintenance repairs and new installations for Asset Management, with FY 2020 funding in an estimated amount of $138,750.00 available through the Facility and Property Management Fund. SUMMARY: This is a motion to approve a service agreement with Gourley Contractors, LLC of Corpus Christi, Texas for Electrical Services. These services will provide electrical services for City owned facilities including maintenance repairs and new installations for Asset Management on as needed basis. BACKGROUND AND FINDINGS: Asset Management is responsible for maintenance of 478 City owned or leased facilities. These facilities have complex electrical systems that are outside the level of expertise of the City’s electrical staff. It is determined that if an electrical repair arises that is beyond the level of expertise of the City’s electrical staff, a professional electrical company with a more abundant resource of experienced electricians would be needed to perform the Electrical Services for Asset Management AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2020 work so that the facility does not fall into disrepair. Contracts and Procurement conducted a competitive request for bid (RFB) process to obtain bids for a new contract. The City received three responsive, responsible bids and is recommending award to Gourley Contractors, LLC. In this RFB process, the quantity used was an estimated number to determine the lowest bidder, while the contract value is determined based on the department’s budget and past usage; therefore, there is a difference in the bid price and the contract value. This is a Job Order Contract, and the contractor shall provide services on an as needed basis. ALTERNATIVES: The alternative is to perform the work in house. However, additional employees will need to be hired with the expertise to perform this specialized type of work. In the long run, this alternative may not be the best solution due to the increase cost for internal staffing. FISCAL IMPACT: The fiscal impact for Asset Management for FY 2020 is $138,750.00 for the initial two- year service agreement. The remaining cost for the initial agreement and the potential of three one-year options will be budgeted through the annual budget process. FUNDING DETAIL: Fund: 5115 Facility and Property Management Organization/Activity: 40300 Facility Management and Maintenance Mission Element: 191 Operate City Buildings and Facilities Project # (CIP Only): N/A Account: 530215 Maintenance & Repairs-Contracted RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year service agreement, with three one-year options with Gourley Contractors, LLC for Electrical Services as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Item Description Unit Qty Unit Rate Unit Rate Total PriceUnit Rate Total Price1Journeyman Electrician Normal Hours 8:00 AM to 5:00 PMHRS 1,000.00 $ 49.60 $ 66.00 $ 66,000.00 72.15$ 72,150.00$ 2Apprentice Normal Hours 8:00 AM to 5:00 PMHRS 500.00 $ 43.00 $ 36.00 $ 18,000.00 41.90$ 20,950.00$ 3Journeyman Electrician Afterhours, Weekends and HolidaysHRS 600.00 $ 74.40 $ 99.00 $ 59,400.00 102.75$ 61,650.00$ 4Apprentice Afterhours, Weekends and HolidaysHRS 300.00 $ 64.50 $ 54.00 $ 16,200.00 63.50$ 19,050.00$ 5Materials15% 15% $ 115,000.00 12% $112,0006Allowance for Bonds$ 279,600.00 290,800.00$ Note $ 5,000.00 Rosendin Electric Corpus Christi, TXBid TabulationRFB 2606 - Electrical Services(JOC) Asset ManagementMarkup(%)5,000.00$ Scott Electric, Corpus Christi, TX $ 21,500.00 $ 44,640.00 $ 19,350.00 $ 49,600.00 Total Price$5,000 $ 5,000.00 $100,000 $ 115,000.00 The contract value is a predetermined amount established and published in the RFB as this is a Job Order Contract.Total $ 255,090.00 City of Corpus ChristiContracts and Procurement DepartmentBUYER : JAPAN SHAHMarkup(%)Estimated Spend Mark up(%)Gourley Contractors, Corpus Christi, TX Page 1 of 6 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements A. The Contractor shall provide electrical repair services to our City owned locations outlined in this Scope of work. The Contractor shall provide electrical services on as needed basis. B. The Contractor shall have enough responsible, trained, and licensed personnel to provide the required repair services. 1.2 Repairs A. The Contractor shall furnish labor, supervision, parts, supplies, materials, tools, and equipment necessary to perform repair services at all locations. B. Scope of repair services including but are not limited to 1. Electrical conduit wiring 2. Lighting systems and control systems 3. Receptacles, switches, data and telephone wall jacks 4. Emergency Lighting equipment 5. Power and conduit to other systems such as HVAC, Generator or other equipment 6. Data and Telephone Cabling 7. Conduit systems for communications and other electronic systems 8. Pump, motors and electrical breakers 9. Low voltage wiring 10. Air controls 11. Generators Systems 12. Irrigation – Electrical Valves and Controllers 13. Electrical Furnaces 14. Light poles C. All services performed under this contract must be accomplished in a manner that meets all applicable federal, state and local laws, rules, regulations, ordinances, codes, manufacturer’s instructions, warranty requirements and original equipment specifications. 1.3 Job Order A. Information for the services shall be provided to the Contractor through Job Order or phone/email in an emergency followed up with a job order. The Contractor shall request the job order from the Contract Administrator, if City fails to provide. Page 2 of 6 B. The Contractor shall submit a written repair estimate for approval to the Contract Administrator utilizing pricing as outlined in the Contract before commencing services. Repair estimate shall include labor and parts/materials based on the information provided in the job order or site visit. C. As per Texas Occupation code Title 6, Subtitle A (Regulation of Engineering and Related Practices), if the work order involves Electrical/Mechanical engineering and an estimate exceeds $8,000, then the City of Corpus Christi shall engage a licensed Professional Engineer and will provide Contractor with the stamped drawings. D. The Contractor shall provide a payment bond if the estimate of the job order exceeds $50,000 and also a performance bond if the estimate of the job order exceeds $100,000. E. If the estimate is accepted and work performed, the Contractor’s invoice shall not exceed the authorized amount of the job order unless preauthorized by the Contract Administrator via a job order amendment prior to the work being performed. F. The Contractor shall perform routine service calls during normal working hours 8:00 AM to 5:00 PM, unless approved by the Contract Administrator. The Contractor shall be on site within two hours or within an agreeable time frame determined by the Contract Administrator. G. Emergency service calls are defined as an event which requires immediate action to prevent a hazard to life, health, safety, property or to avoid failure of an equipment. When an emergency arises, Contract Administrator shall notify the Contractor of the emergency repair at the facility. The Contractor shall be on site within an agreeable time frame determined by the Contract Administrator. H. The Contractor shall check in with the Contract Administrator at the location upon arrival and check out after completion of work. I. If the Contractor is required to leave the premises to obtain parts or other materials, the Contract Administrator must be notified. J. The Contractor shall only invoice the City for the time spent on the property. The City will not pay for time spend in route or travelling to acquire parts/supplies. K. Upon completion of the routine or emergency service call, the Contractor’s representative shall provide a job ticket. The job ticket shall include, but not limited to – Company Name, Name of technician and/or helper, Date of Service, Detailed Description of the work performed, root causes of failure, parts used, job Order number and total time spent on job. 1.4 Service Personnel A. Any personnel assigned to the service agreement shall meet all applicable certification requirements of any regulatory agency having jurisdiction. The Contractor shall ensure that all personnel are continuously trained to meet the latest electrical technology and industry standards. Page 3 of 6 B. The Contractor shall ensure that all crews are fully and properly equipped to perform services promptly and safely without delay. All personnel assigned to the service agreement shall wear a uniform, including safety equipment and any company issued photo identification. Contractor’s employees working on site shall wear clothing with an identification logo bearing the name of the company visible from 15 feet. All personnel shall be neatly dressed in shirts, safety shoes and long pants. Shorts or torn clothing are unacceptable. Clothing worn shall be suitable for electrical work in accordance with NFPA 70E requirements. C. If the service personnel do not perform as required, the City has the right to reject the personnel and the Contractor shall deploy new personnel. D. The Contractor shall conduct background checks for all personnel before assigned to work under this agreement. The Contract Administrator may ask for a background check report from the Contractor. The City reserves the right to approve or refuse employees based on background checks report. Background checks will be included in the Contract price. 1.5 Recordkeeping The Contractor shall establish and maintain a log delineating complete and accurate records of all repairs, parts, supplies and materials for each location for the term of the Contract. The Contractor shall update the logs after each service defined in the Contract. 1.6 Invoicing A. Each month, the Contractor shall submit the invoice for repair services to the City. Invoice must contain following: I. Service Agreement Number, Purchase order number II. Description of work III. Total hours billed, itemized by position and hourly rate IV. Job order number V. Copies of all invoice for parts/materials replaced (to verify markup %) B. Invoices shall be sent as follows: Original copy to the Asset Management – Business Management division at facilitymaintenanceinvoicing@cctexas.com department and one copy to the Contract Administrator. Approval for payment shall be authorized by the Contract Administrator or Operation Superintendent 1.7 Site Control A. The Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall safeguard the area while services are being performed. The Contractor shall try to minimize an interference to the building occupants with the day to day operations. The Contractor shall ensure the safety of its employees, City employees, and the public during performance of all services under this agreement. B. The Contractor is responsible for making repairs of any materials or equipment damaged during the completion of work or as the results of action or inaction by Contractor’s staff. Page 4 of 6 C. The Contractor shall not store worn or defective parts on City premises at the end of the workday, unless otherwise approved by the Contract Administrator. D. The Contractor must clean work site from debris or hazards after completion of work. E. The Contractor shall dispose all worn/defective parts, oils, solvents, in accordance with all applicable laws, rules and regulations as to ensure the highest level of safety to the environment and public health. 1.8 Contractor Quality Control and Superintendence 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 Work Locations The Contractor may perform electrical services to the following location including but not limited to: BUILDING Address Zip Code 1 Health Department 1702 Horne Rd, Corpus Christi, TX 78416 2 City Hall 1201 Leopard St, Corpus Christi, TX 78401 3 Gas Department 4225 S Port Ave, Corpus Christi, TX 78415 4 Police Department 321 John Sartain St, Corpus Christi, TX 78401 5 Municipal Courts 321 John Sartain St, Corpus Christi, TX 78401 6 Frost Bank 2402 Leopard St, Corpus Christi, TX 78408 7 Water Department 2726 Holly Rd, Corpus Christi, TX 78415 8 Broadmoor Senior Center 1651 Tarlton St, Corpus Christi, TX 78415 9 Ethel Eyerly Senior Center 654 Graham Rd. Corpus Christi, TX 78418 10 Garden Senior Center 5325 Greely Dr, Corpus Christi, TX 78412 11 Greenwood Senior Center 4040 Greenwood Dr, Corpus Christi, TX 78416 12 Lindale Senior Center 3135 Swantner St, Corpus Christi, TX 78404 13 Northwest Senior Center 9725 Upriver Rd, Corpus Christi, TX 78410 Page 5 of 6 14 Oveal Williams Senior Center 1414 Martin Luther King Dr, Corpus Christi, TX 78401 15 Zavala Senior Center 510 Osage St, Corpus Christi, TX 78405 16 La Retama Central Library 805 Comanche St, Corpus Christi, TX 78401 17 Garcia Public Library 5930 Brockhampton St, Corpus Christi, TX 78414 18 Janeth Harte Public Library 2629 Waldron Rd, Corpus Christi, TX 78418 19 Hopkins Public Library 3202 McKenzie Rd, Corpus Christi, TX 78410 20 McDonalds Library 4044 Greenwood Dr, Corpus Christi, TX 78416 21 Neyland Public Library 1230 Carmel Pkwy, Corpus Christi, TX 78411 22 Joe Garza Recreation Center 3204 Highland Ave, Corpus Christi, TX 78405 23 Lindale Recreation Center 3133 Swantner St, Corpus Christi, TX 78404 24 Oak Park Recreation Center 842 Erwin Ave, Corpus Christi, TX 78408 25 Oso Recreation Center 1111 Bernice Dr, Corpus Christi, TX 78413 26 Soloman Coles Rec Center 924 Winnebago St, Corpus Christi, TX 78401 27 Science and History Museum 1900 N Chaparral St, Corpus Christi, TX 78401 28 Al Kruse Tennis Center 502 King St, Corpus Christi, TX 78401 29 HEB Pool Complex 1520 Shely St, Corpus Christi, TX 78404 30 HEB Tennis Court 1520 Shely St, Corpus Christi, TX 78404 31 Central Kitchen 4141 Old Brownsville Rd, Corpus Christi, TX 78405 32 O N Stevens Plant 13101 Leopard St, Corpus Christi, TX 78410 33 Solid Waste Building 2525 Hygeia, Corpus Christi, TX 78415 Page 6 of 6 34 Oso Wastewater Treatment Plant (WWTP) 501 Nile, Corpus Christi, TX 78412 35 Greenwood Wastewater treatment Plant 6541 Greenwood Dr, Corpus Christi, TX 78417 36 Broadway Wastewater Treatment plant 1402 W Broadway, Corpus Christi, TX 78401 37 Laguna Madre Wastewater Treatment Plant 201 Jester St, Corpus Christi, TX 78418 38 White Cap Wastewater Treatment plant 13409 White Cap St, Corpus Christi, TX 78418 39 Allison WWTP 4101 Allison St, Corpus Chishti, TX 78410 40 CEFE Landfill 2397 Co.Rd.20, Robstown, TX 78380 41 J C Elliot Transfer Station 6594 Greenwood St, Corpus Christi, TX 78415 Attachment B - Bid/Pricing Schedule Page 1 of 3 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of 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 2 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 coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. Page 3 of 3 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. 2019 Insurance Requirements Purchasing Electrical Services and Repairs 03/26/2019 sw Risk Management BONDS Bonds will be required as outlined in the Scope of work. Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor shall warrant materials and workmanship against defects arising from faulty material, faulty workmanship for a period of one year following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the City. B. Where any material carries a manufacturer’s warranty for any period in excess of one year, then the manufacturer’s warranty shall apply for that piece of material The Contractor shall replace such defective materials, without cost to the City, within the manufacturer’s warranty period. C. Any additional service call to repair deficiencies previously addressed will not be considered for payment. DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM: Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1919 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing two, three-year service agreements for a combined total amount not to exceed $630,000.00, with Turn Key Transmission & Auto Service of Corpus Christi, Texas, in an amount not to exceed $378,000.00 as the primary provider and Rittgers’ Services, Inc. dba Greatstate Transmission of Corpus Christi, Texas, in an amount not to exceed $252,000.00 as the secondary provider, for off-site transmission repairs for vehicles up to 14,000 lbs. Gross Vehicle Weight Rating, with FY 2020 funding in an amount of $157,500.00 available through the Fleet Maintenance Service Fund. SUMMARY: This service agreement is for off-site transmission repairs. This service provides for repairing transmissions of City owned Class 1-3 vehicles. Classes 1-3 are that of vehicles that range in a gross vehicle weight rating (GVWR) from a sedan to an F-350 which is 14,000 lbs. max GVWR. BACKGROUND AND FINDINGS: The services to be provided from Turn Key Automotive and Rittgers’ Services, Inc. dba Greatstate Transmissions are to repair transmissions of Police marked units (Explorers and Taurus's), Police marked units (Tahoe's), sedans, and pickup trucks, respectively. In each case, use of these services is to repair vehicles that operate in support of public health and safety requirements for the City of Corpus Christi. These services range across the spectrum of operational requirements. Approval of this initiative is essential for Asset Management (Fleet) to ensure successful Fleet readiness and availability. Off-Site Transmission Repairs for Vehicles up to 14,000 lbs. Gross Vehicle Weight Rating AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2020 The Contracts and Procurement Department conducted a competitive R equest for Bids (RFB) process to obtain bids and the City received two responsive, responsible bids. In this RFB process, the quantity used was an estimated number to declare the lowest bidder, while the contract value was determined based on department’s budget and past usage. That is why there is a difference in the bid price and the contract value. The bid indicated a primary and secondary award to provide for a backup contract or in the event the primary contractor is unable to provide the parts in a timely manner as indicated. An estimated 60/40 percentage split was used to determine the value of the contracts. Staff recommends award to Turn Key Transmission & Auto Service as the primary contractor and Rittgers’ Services, Inc. dba Greatstate Transmission as the secondary contractor as the two lowest, responsive responsible bidders. ALTERNATIVES: The alternative is to buy new transmissions which can result in a higher cost and longer down time due to unforeseen transmission failures and availability of transmissions. This service agreement for repairs will aid in keeping overall cost down across the board and enabling great production for the City of Corpus Christi. FISCAL IMPACT: The fiscal impact for Asset Management in FY2020 is $157,500.00 for this three-year service agreement. The remaining cost of $472,500.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maint Svc Organization/Activity: 40170 Fleet Operations Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends approval of this motion authorizing a three -year service agreement with Turn Key Transmission & Auto Service of Corpus Christi, Texas as the primary provider and Rittgers’ Services, Inc. dba Greatstate Transmission of Corpus Christi, Texas as the secondary provider as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tab Service Agreements (2) CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BUYER: CINDY RAMOS Item Description Unit 3 Year Qty Unit Price Extended Price Unit Price Extended Price 1 Labor rate for repairs Hour 3,000 $65.00 $195,000.00 $95.00 $285,000.00 Mark Up % Estimated Spend + Mark Up Mark Up % Estimated Spend + Mark Up 2 Markup - parts and materials 10%$135,300.00 25%$153,750.00 $330,300.00 $438,750.00 Turn Key Transmission and Auto Services Rittgers' Services, Inc. DBA Greatstate Transmission Grand Total BID TABULATION OFF-SITE TRANSMISSION REPAIRS FOR VEHICLES UP TO 14,000 LBS GROSS VEHICLE WEIGHT RATING Estimated Spend $123,000 Note The contract value is a predetermined amount established and published in the RFB. Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 SERVICE AGREEMENT NO. 2203 Off Site Transmission Repairs - Class 1-3 Vehicles THIS Off Site Transmission Repairs - Class 1-3 Vehicles Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Turn Key Transmission & Auto Service (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Off Site Transmission Repairs - Class 1-3 Vehicles in response to Request for Bid/Proposal No. 2203 (“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 Off Site Transmission Repairs - Class 1-3 Vehicles (“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 years, 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-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 $378,000.00, 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 2 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4.Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Frank Olvera Department: Asset Management/Fleet Maintenance Phone: 361-826-1917 or 361-815-5901 Email: FranciscoO@cctexas.com 5.Insurance; Bonds. (A)Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B)In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6.Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Frank Olvera Title: Vehicle and Equipment Admin Inspector Address: 5352 Ayers, Bldg 3B, Corpus Christi, TX 78405 Phone: 361-826-1917 or 361-815-5901 Fax: 361-826-4596 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Turn Key Transmission & Auto Service Attn: Dionicio Valdez Title: Owner Address: 2003 Saratoga Blvd, Ste. N, Corpus Christi, TX 78417 Phone: 361-558-7312 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. Page 1of 3 RFQ Revised 1.3.2018 ATTACHMENT A: SCOPE OF WORK 1.General Requirements/Background Information Contractor shall provide parts and services for repairs to vehicle transmissions to include sedans, SUVs, pickup trucks and medium duty trucks for the City of Corpus Christi Asset Management Department as outlined in this Scope of Work. Services will be performed on an as needed basis. The types of vehicles are shown in Attachment A-1. 2.Scope of Work A.Service Requirements 1.Contractor must have a permanent, principal place of business, in which the service is provided, within the city limits of Corpus Christi, Texas. 2.Contractor shall perform basic repairs, overhauls, servicing, removal and installation of rebuilds. 3.Contractor shall perform both electrical and mechanical diagnostics. 4.Contractor shall perform preventative and unscheduled maintenance and repair, including parts and labor. 5.Contractor shall provide Original Equipment Manufacturer (OEM) parts. Aftermarket parts will only be accepted when OEM are no longer available. 6.Contractor shall not subcontract any repairs. 7.Contractor is responsible for any towing charges incurred for immediate failures after repairs have been completed by the Contractor. 8.If Contractor experiences immediate failure when delivering vehicles, Contractor shall use the City’s contracted towing company to return the vehicles for repair. B.Lead Time 1.Contractor shall give first responder vehicles first priority and shall provide same-day priority service. This standard will apply to a full six-day work week, Monday through Saturday, and include items covered under warranty as well as non-warranty repairs. 2.Contractor shall have four business days, Monday through Friday, 8:00 AM to 5:00 PM, and Saturday 8:00 AM to 12:00 PM to complete what is constituted as a minor repair according to the manufacturer. 3.Contractor shall have eight business days, Monday through Friday, 8:00 AM to 5:00 PM, and Saturday 8:00 AM to 12:00 PM to complete what is considered major repair according to the manufacturer. Extensions require approval from the Contractor Administrator. C.Pickup/Delivery 1.The City will use its authorized contracted towing company to deliver the inoperative vehicle to the Contractor. The City will notify the Contractor of vehicles being towed and delivered to Contractor for repairs. On the same Page 2 of 3 RFQ Revised 1.3.2018 day the vehicle is received, the Contractor shall send an email to the Contract Administrator. Contractor will indicate the date the vehicle was received, repair estimate and estimated completion time of service. 2.Asset Management Staff will transport operative vehicles to and from the Contractor’s facility. 3.Contractor shall be available to pick up and deliver operable vehicles If Asset Management staff are unable to pick up/deliver them. 3.Invoicing A.Labor shall be invoiced for actual hours worked times the hourly rate as outlined on Attachment B: Bid/Pricing Schedule form. B.Materials shall be provided to the City at Cost and allowable contract mark up. The Contractor shall include copies of receipts as back-up for each invoice. 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. 5.Warranty Class 1-3 - minimum two year/50,000 miles warranty Scope of Work Attachment A-1 US Truck Class Duty Classification Gross Vehicle Weight Rating Range Class 1 Light truck 0 – 6,000 pounds Class 2A Light truck 6,001 – 8,500 pounds Class 2B Light/Medium truck 8,501 – 10,000 pounds Class 3 Medium truck 10,001 – 14,000 pounds Page 3 of 3 Page 1 of 1 RFB was bid out awarding primary and secondary Contractor. This Contractor is primary to the contract. Note: The contract value is a predetermined amount established and published in the RFB. Page 1 of 3 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 Fire Chief 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 GARAGE KEEPERS PHYSICAL DAMAGE COVERAGE including: 1.Physical Damage on a Direct Primary Basis Actual Cash Value of Vehicles While in Care, Custody or Control 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 2 of 3 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 Page 3 of 3 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. 2019 Insurance Requirements Purchasing Auto Garage Services and Repairs - Off Site 04/09/2019 sw Risk Management BOND REQUIREMENTS: No bonds are required, therefore, Section 5. Insurance; Bonds. Subsection (B) is null to this Service Agreement Page 1of 1 RFQ Revised 1.3.2018 ATTACHMENT D: WARRANTY REQUIREMENTS Class 1-3 - minimum two year/50,000 miles warranty Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 1, 2018 SERVICE AGREEMENT NO. 2743 Off-Site Transmission Repairs for Class 1-3 Vehicles THIS Off-Site Transmission Repairs for Class 1-3 Vehicles Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation (“City”) and Rittgers' Services, Inc. DBA Greatstate Transmissions (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Off-Site Transmission Repairs for Class 1-3 Vehicles in response to Request for Bid/Proposal No. 2203 (“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 Off-Site Transmission Repairs for Class 1-3 Vehicles (“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 years, 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-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 $252,000.00, 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 2 of 7 Approved as to Legal Form October 1, 2018 Invoices will be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Name: Frank Olvera Department: Asset Management/Fleet Maintenance Phone: 361-826-1917 or 361-815-5901 Email: FranciscoO@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 1, 2018 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 1, 2018 manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Frank Olvera Title: Vehicle and Equipment Admin Inspector Address: 5352 Ayers, Bldg 3B, Corpus Christi, TX 78405 Phone: 361-826-1917 or 361-815-5901 Fax: 361-826-4596 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 1, 2018 IF TO CONTRACTOR: Rittgers' Services, Inc. DBA Greatstate Transmissions Attn: Mark Rittgers Title: President Address: 3487 S. Padre Island Dr., Corpus Christi, TX 78415 Phone: 361-855-4637 Fax: 361-855-1722 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 1, 2018 Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 20. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 21. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 22. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 23. Verification Regarding Israel. In accordance with Chapter 2270, Texas Government Code, the City may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The signatory executing this Agreement on behalf of the Contractor verifies that the company does not boycott Israel and will not boycott Israel during the term of this Agreement. 24. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. Page 1of 3 RFQ Revised 1.3.2018 ATTACHMENT A: SCOPE OF WORK 1.General Requirements/Background Information Contractor shall provide parts and services for repairs to vehicle transmissions to include sedans, SUVs, pickup trucks and medium duty trucks for the City of Corpus Christi Asset Management Department as outlined in this Scope of Work. Services will be performed on an as needed basis. The types of vehicles are shown in Attachment A-1. 2.Scope of Work A.Service Requirements 1.Contractor must have a permanent, principal place of business, in which the service is provided, within the city limits of Corpus Christi, Texas. 2.Contractor shall perform basic repairs, overhauls, servicing, removal and installation of rebuilds. 3.Contractor shall perform both electrical and mechanical diagnostics. 4.Contractor shall perform preventative and unscheduled maintenance and repair, including parts and labor. 5.Contractor shall provide Original Equipment Manufacturer (OEM) parts. Aftermarket parts will only be accepted when OEM are no longer available. 6.Contractor shall not subcontract any repairs. 7.Contractor is responsible for any towing charges incurred for immediate failures after repairs have been completed by the Contractor. 8.If Contractor experiences immediate failure when delivering vehicles, Contractor shall use the City’s contracted towing company to return the vehicles for repair. B.Lead Time 1.Contractor shall give first responder vehicles first priority and shall provide same-day priority service. This standard will apply to a full six-day work week, Monday through Saturday, and include items covered under warranty as well as non-warranty repairs. 2.Contractor shall have four business days, Monday through Friday, 8:00 AM to 5:00 PM, and Saturday 8:00 AM to 12:00 PM to complete what is constituted as a minor repair according to the manufacturer. 3.Contractor shall have eight business days, Monday through Friday, 8:00 AM to 5:00 PM, and Saturday 8:00 AM to 12:00 PM to complete what is considered major repair according to the manufacturer. Extensions require approval from the Contractor Administrator. C.Pickup/Delivery 1.The City will use its authorized contracted towing company to deliver the inoperative vehicle to the Contractor. The City will notify the Contractor of vehicles being towed and delivered to Contractor for repairs. On the same Page 2 of 3 RFQ Revised 1.3.2018 day the vehicle is received, the Contractor shall send an email to the Contract Administrator. Contractor will indicate the date the vehicle was received, repair estimate and estimated completion time of service. 2.Asset Management Staff will transport operative vehicles to and from the Contractor’s facility. 3.Contractor shall be available to pick up and deliver operable vehicles If Asset Management staff are unable to pick up/deliver them. 3.Invoicing A.Labor shall be invoiced for actual hours worked times the hourly rate as outlined on Attachment B: Bid/Pricing Schedule form. B.Materials shall be provided to the City at Cost and allowable contract mark up. The Contractor shall include copies of receipts as back-up for each invoice. 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. 5.Warranty Class 1-3 - minimum two year/50,000 miles warranty Scope of Work Attachment A-1 US Truck Class Duty Classification Gross Vehicle Weight Rating Range Class 1 Light truck 0 – 6,000 pounds Class 2A Light truck 6,001 – 8,500 pounds Class 2B Light/Medium truck 8,501 – 10,000 pounds Class 3 Medium truck 10,001 – 14,000 pounds Page 3 of 3 ATTACHMENT B: BID/PRICING SCHEDULE Page 1of 1 RFB was bid out awarding primary and secondary Contractor. This Contractor is secondary to the contract. Note: The contract value is a predetermined amount established and published in the RFB. Page 1 of 3 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 Fire Chief 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 GARAGE KEEPERS PHYSICAL DAMAGE COVERAGE including: 1.Physical Damage on a Direct Primary Basis Actual Cash Value of Vehicles While in Care, Custody or Control 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 2 of 3 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 Page 3 of 3 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. 2019 Insurance Requirements Purchasing Auto Garage Services and Repairs - Off Site 04/09/2019 sw Risk Management BOND REQUIREMENTS: No bonds are required, therefore, Section 5. Insurance; Bonds. Subsection (B) is null to this Service Agreement Page 1of 1 RFQ Revised 1.3.2018 ATTACHMENT D: WARRANTY REQUIREMENTS Class 1-3 - minimum two year/50,000 miles warranty DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM: Jim Davis, Director of General Services JimD@cctexas.com (361) 826-4594 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year service agreement with Moreno’s Auto Glass Inc., dba Mo Glass of Corpus Christi, TX, for a total amount not to exceed $256,500.00 for windshield repair and replacement for Fleet vehicles, effective upon issuance of a notice to proceed, with FY 2020 funding in the amount of $71,250.00 available through the Fleet Maint Svc Fund. SUMMARY: This motion authorizes windshield repairs and replacements for Fleet vehicles. This service is necessary to maintain a safe work environment for City’s fleet and keep these vehicles on the streets with less down time. BACKGROUND AND FINDINGS: This service agreement will provide for a vast range of repairs and replacements of windshields to cover passenger vehicles, pickup trucks, medium and heavy duty refuse trucks, and equipment. The use of this service is for City owned vehicles and equipment that operate in support of public health and safety requirements for the City of Corpus Christi. This is the first longer-term service agreement to be secured for this type of service for Fleet Services. Windshield Repair and Replacement for Fleet Vehicles AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2020 The Contracts and Procurement Department 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 Moreno’s Glass, Inc., dba Mo Glass , the lowest, responsive, responsible bidder. ALTERNATIVES: The alternative of not securing this long-term service agreement would be for the Department to continue to obtain this service through individual purchase orders and service agreements; however, securing an agreement with a reputable company is cost efficient and consistent to the department needs. FISCAL IMPACT: The fiscal impact for the Fleet Maintenance Services in FY 2020 is $71,250.00 for a three- year service agreement for the windshield repairs and replacement for City vehicles, with the remaining cost funded in future years through the annual budget process. Funding Detail: Fund: 5110 Fleet Maint Svc Organization/Activity: 40170 Fleet Operations Mission Element: 202 Maintain the Fleet Project # (CIP Only): n/a Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends approval of this motion authorizing a three -year agreement with Moreno’s Glass, Inc., dba Mo Glass for windshield repair and replacement. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Sr. Buyer: Minerva Alvarado RFB 2572 Windshield Repairs for Fleet Vehicles Item Description Unit Qty Unit Price Total Price Unit Price Total Price 1 Labor HRS 1500 $48.00 $72,000.00 $100.00 150,000.00$ Item Description Estimated Spend % Markup Total Price % Markup Total Price 2 Parts/Material 23.00%$184,500.00 25.00%$187,500.00 256,500.00$ 337,500.00$ Total 150,000.00$ Moreno's Auto Glass, Inc. dba Mo Glass Corpus Christi, TX National Auto Glass Corpus Christi, TX Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form July 11, 2019 SERVICE AGREEMENT NO. 2572 Windshield Repairs for Fleet Vehicles THIS Windshield Repairs for Fleet Vehicles Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Moreno's Auto Glass Inc., dba Mo Glass (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Windshield Repairs for Fleet Vehicles in response to Request for Bid/Proposal No. 2572 (“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 Windshield Repairs for Fleet Vehicles (“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 years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment 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 $256,500.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. 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. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form July 11, 2019 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: Francisco Olvera, Jr. General Services Departments 361-826-1917 FranciscoO@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form July 11, 2019 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 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. Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form July 11, 2019 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: Francisco Olvera, Jr. Vehicle & Equipment Admin Inspector 5352 Ayers, Bldg 3-B, Corpus Christi, TX 78415 Phone: 361-826-1917 Fax: 361-826-4474 IF TO CONTRACTOR: Moreno's Auto Glass, Inc., dba Mo Glass Attn: Charles L. Patrick Exec. V-P 4319 S. Port Ave., Corpus Christi, TX 78415 Phone: 361-855-1471 Fax: 361-855-1401 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form July 11, 2019 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 comply with any of the terms 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.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form July 11, 2019 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 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 if required by said statute. 24.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form July 11, 2019 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Kim Baker Director of Contracts and Procurement 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. 2572 Exhibit 2: Contractor’s Bid/Proposal Response Charles Patrick Exc. VP 10/28/2019 Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide windshield repair and replacement services for the Corpus Christi Asset Management department as outlined in the Scope of Work. 1.2 Scope of Work A.The Contractor shall perform windshield repairs to include, but not limited to, repair and replacement of windshields for agricultural equipment, heavy trucks, light trucks and sedans on an as needed basis. B.The Contractor shall give the City priority and must respond within one hour from the time the Contractor has been notified by City staff. C.First responder vehicle repairs shall be first priority. The Contractor shall provide same day service. This standard shall apply to a full six-day work week, Monday through Saturday. D.The Contractor shall be responsible for providing all the materials, equipment, tools, and services necessary to complete the required work. E.Parts and material will be based on cost plus mark up. Receipts will be required by the Contractor when completing the job. F.Labor will be paid on a per hour basis from the time work is commenced and completed. G.The Contractor shall maintain numerous windshields in stock in various sizes to supply the reasonable demand of the City. H.Repairs shall be at Contractor’s place of business. I.Contractor may be called to perform repair at remote locations. J.The Contractor must clean up any broken glass. K.The Contractor must clean up their work area to include buy not limited to cleaning broken glass from within units. L.The Contractor must be able to remove headache racks if needed to install glass. Page 1 of 2 M.The Contractor’s place of business must be within the Corpus Christi city limits. 1.3 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 2 of 2 $256,500.00 Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements A.CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. 2.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 GARAGE KEEPERS PHYSICAL DAMAGE COVERAGE including: 1.Physical Damage on a Direct Primary Basis Actual Cash Value of Vehicles While in Care, Custody or Control Page 1 of 3 3.In the event of accidents of any kind related to this agreement, 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 an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. 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 a copy of the 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 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, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the 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 suspension, cancellation, non-renewal or material change 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 suspension, cancellation, or non-renewal 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, 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 agreement. 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 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. 2019 Insurance Requirements Ins. Req. Exhibit 4-J Contracts for General Services – Services Performed Onsite - Garage Keepers 06/19/2019 Risk Management – Legal Dept. No bond is required for this service agreement; therefore, Section 5, Insurance; Bonds, subsection 5 (B) is null and void. Page 3 of 3 Attachment D: Warranty Requirements No warranty is required for this service agreement; therefore, Section 8, Warranty, subsection 8 (A) and 8 (B) are null and void. Page 1 of 1 DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM : Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1909 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a two-year service agreement with three one-year options for a total amount not to exceed $240,000.00 for the initial term and a total potential value not to exceed $600,000.00, with Allison Flooring America of Corpus Christi for flooring services to City occupied facilities for Asset Management, with FY 2020 funding in an estimated amount of $90,000.00 available through Facility and Property Management Fund. SUMMARY: This service agreement is for flooring services to include flooring material and installation services. This contract will be used on as needed basis by the Asset Management Department to meet the various department needs in a timely manner to get flooring installed. BACKGROUND AND FINDINGS: Each time when Asset Management needs flooring services to fulfill their customers’ flooring requests, they must get competitive pricing. This contract will allow the respective department to contact Asset Management for flooring services ; therefore, allowing work to be completed in a timely manner without deploying additional department resources to obtain competitive pricing. It also allows for standardization of flooring and a cost advantage with an economy of scale opportunity. Flooring Services for Asset Management AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2020 Contracts and Procurement conducted a competitive RFB process to obtain bids for a new contract. This is a Job Order Contract, and the contractor shall provide services on an as needed basis. In this RFB process, the quantity used was an estimated number to declare the lowest bidder, while the contract value was determined based on department’s budget and past usage. That is why there is a difference in the bid price and the contract value. The City received two responsive, responsible bids, and is recommending the award to Allison Flooring America as the lowest responsive responsible bidder. ALTERNATIVES: An alternative to securing a long-term service agreement is to purchase flooring services as needed on individual agreements. However, this may delay the response time on requested work orders for this type of service and the cost may be higher due to cost of the product and labor rates at the time. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2020 is $90,000.00 for the initial two-year service agreement. The remaining cost for the initial agreement and optional years will be budgeted through the annual budget process. Funding Detail: Fund: 5115 Facility and Property Management Organization/Activity: 40300 Facility Management and Maintenance Mission Element: 191 Operate City Buildings and Facilities Project # (CIP Only): N/A Account: 530215 Maintenance & Repairs - Contracted RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year service agreement with three one-year options with Allison Flooring America for Flooring Services as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Item Description Unit Qty Unit Rate Unit Rate Total Price 1 Flooring Removal Square Foot 15,000.00 $ 1.80 $ 25.00 $ 375,000.00 2 Install Vinyl Commercial Tile(VCT)Square Foot 6,000.00 $ 1.50 $ 8.00 $ 48,000.00 3 Install Commercial Carpet Squares Square Foot 7,000.00 $ 4.65 $ 18.00 $ 126,000.00 4 Install glue down hardwood flooring Square Foot 3,000.00 $ 4.50 $ 18.00 $ 54,000.00 5 Install Vinyl plank tile Square Foot 10,000.00 $ 1.60 $ 8.00 $ 80,000.00 6 Install floating laminate flooring Square Foot 5,000.00 $ 2.15 $ 8.00 $ 40,000.00 7 Install ceramic/porcelain tile less than 16" x 16"Square Foot 10,000.00 $ 4.50 $ 20.00 $ 200,000.00 8 Remove and replace Vinyl cove base Square Foot 3,000.00 $ 2.75 $ 4.00 $ 12,000.00 9 Install transition pieces Rubber, Metal, Wood etc Square Foot 500.00 $ 2.95 $ 25.00 $ 12,500.00 10 Floor Leveling Square Foot 15,000.00 $ 1.40 $ 12.00 $ 180,000.00 11 Furniture moving Hours 200.00 $ 110.00 $ 65.00 $ 13,000.00 12 Materials 25%25% $ 125,000.00 $ 1,265,500.00 Note Mark up(%) $100,000 $ 8,250.00 $ 1,475.00 $ 21,000.00 $ 22,000.00 $ 125,000.00 Bid Tabulation RFB 2524 - Flooring Services(JOC) Asset Management City of Corpus Christi Contracts and Procurement Department BUYER : JAPAN SHAH The contract value is a predetermined amount established and published in the RFB as this is a Job Order Contract. AZTECA Design, San Antonio, TX $ 9,000.00 $ 32,550.00 $ 13,500.00 $ 16,000.00 $ 27,000.00 Total $ 331,525.00 Total Price Allison flooring America, Corpus Christi, TX $ 10,750.00 $ 45,000.00 Markup(%)Estimated Spend JOC Standard Form Page 1 of 8 Approved as to Legal Form August 9, 2019 JOB ORDER CONTRACT SERVICE AGREEMENT NO. 2524 Flooring Services for Asset Management THIS Flooring Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Allison Flooring America (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Flooring Services in response to Request for Bid/Proposal No. 2524 (“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 Flooring 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. Job Orders. This Agreement is a competitively awarded agreement as described by Attachment A. The work is of an indefinite quantity and a recurring nature, delivered on an on-call or as-needed basis, through individually priced Job Orders. The Agreement may support a broad assortment of maintenance work. Work will not begin on any Job Order until Contractor is briefed on the project and the Job Order is issued in writing. 3. Term. This Agreement is for two years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to three additional one-year periods (“Option Period(s)”), provided, the parties do so by written amendment 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. 4. Compensation and Payment. This Agreement is for an amount not to exceed $240,000.00, 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. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the JOC Standard Form Page 2 of 8 Approved as to Legal Form August 9, 2019 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. Invoices will be mailed to the following ad dress with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 5. 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: Romy Greaves Department: Asset Management Phone: 361-826-3645 Email:RomyG@cctexas.com 6. 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) Contractor shall provide performance and payment bonds if required by law based on the amount of the Job Order or if otherwise required by the City. At a minimum, the Contractor will be required to provide a payment bond on all Job Orders that exceed $50,000 and a performance bond on all Job Orders that exceed $100,000. 7. 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 JOC Standard Form Page 3 of 8 Approved as to Legal Form August 9, 2019 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. 8. Inspection and Acceptance. Contractor will notify the Contract Administrator when work has been completed on a specific job order. 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. 9. 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. Contractor must provide all labor, services, equipment, materials, tools, transportation, mobilization, insurance, subcontracts, bonds, supervision, management, reports, incidentals and quality control necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. (D) Contractor shall warrant that work performed conforms to the Job Order requirements and is free of any defect in equipment, material or design furnished or workmanship performed by the Contractor or any of its subcontractors or suppliers at any tier. All work provided by the Contractor shall be warranted for a minimum period of one year from the date of final acceptance of the Work. Equipment warranties shall be as required under the Job Order. 10. 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 JOC Standard Form Page 4 of 8 Approved as to Legal Form August 9, 2019 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. 11. 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. 12. 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. 13. 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, proposal or Job Order, 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. 14. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 15. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 16. 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. 17. 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 JOC Standard Form Page 5 of 8 Approved as to Legal Form August 9, 2019 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: Romy Greaves Title: Architech Address: 5352 Ayers Bldg 3A, Corpus Christi, TX 78415 Phone: 361-826-1983 Fax: 361-826-1989 IF TO CONTRACTOR: Allison Flooring America Attn: Terry Allison Title: President/Owner Address: 4400 South Padre Island Drive, Corpus Christi, TX 78411 Phone: 361-855-4781 Fax: 361-855-4786 18. 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. JOC Standard Form Page 6 of 8 Approved as to Legal Form August 9, 2019 19. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms 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. 20. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 21. Engineering Work. If the scope of work under any Job Order requires the services of an engineer or architect in accordance with Texas law, the City will provide the specifications prepared by the engineer or architect prior to approval of the Job Order. 22. 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. 23. 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. 24. 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; JOC Standard Form Page 7 of 8 Approved as to Legal Form August 9, 2019 C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 25. 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. 26. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. 27. 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. Date t tf trl t r CITY OF CORPUS CHRISTI Kim Boker Director of Controcts ond Procurement Dote: Atloched qnd lncorporoted by Reference: Aiiochment A: Scope of Work Attochment B: Bid/Pricing Schedule Attochment C: lnsuronce ond Bond Requirements Atiochment D: Wononiy Requiremenis lncorporoted by Reference Only: Exhibit l: RFB/RFP No.2524 Exhibit2: Controctor's Bid/Proposol Response JOC Stondord Form Approved os io Legol Form Augusl9,2019 Poge 8 of 8 Page 1 of 5 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information A. The Contractor shall provide Flooring services to City owned locations listed in this Scope of work. The Contractor shall provide services on an as- needed basis. B. The Contractor shall provide labor, supervision, parts, supplies, materials, tools, equipment, and transportation necessary to perform services. C. The Contractor shall perform the following services including but not limited to the following: 1) Installation of vinyl commercial tile, vinyl plank, commercial carpet 2) all associated floor trims and transitions 3) removal of existing flooring 4) pre-install sub-floor preparation 5) vinyl cove base installation 6) threshold installs 7) Furniture moving 8) Estimating 1.2 Installation Requirements A. The Contractor shall comply with the manufacturer’s instruction and recommendation for all flooring products and installation materials. B. Install flooring under open-bottom obstructions and under removable flanges and furnishings into alcoves and closets of each space. C. Run flooring under open-bottom items such as heating convectors and install tight against wall, columns and cabinets so the entire floor area is covered with flooring material. Install edging guard at all openings and doors wherever flooring terminates, unless indicated otherwise. Prior to installation, the Contractor shall notify the Contract Administrator about all other obstructions which may occur. D. Cutting shall be done in accordance with the manufacturer’s recommendations, using the tools designed for the flooring being installed. E. Edges shall be butted together with the proper pressure to produce the tightest joint possible without distortion. F. Use leveling compound where necessary. G. Metal-nosing strips shall be used as required. Substitutions must be approved by the Contract Administrator. Installation of metal-nosing strips on concrete or stone surfaces shall be by drilling, inserting plastic plugs and using non-corrosive drive screws. All screws shall have shallow head profile. H. Carpet and Vinyl composition tile (VCT) shall be adhered direct to existing floor surfaces in accordance with manufacturer’s printed instructions. I. Vinyl base shall be adhered direct to designated surfaces after flooring is installed in accordance with manufacturer’s instructions. J. Surface Preparation: Carpet and VCT The Contractor shall prepare existing floors to receive carpet or VCT. Prior to filling, the floor must be swept clean of all loose debris. After filling, allow filler to dry. Damp mop floor and allow drying. Vacuum after mopping to ensure all debris is Page 2 of 5 removed for a proper substrate to install flooring. All cracks, holes, unevenness and rough areas will be leveled and smoothed with material that complies with carpet or VCT manufacturer’s recommendations to ensure warranty terms. K. Surface Preparation: Vinyl Base 1. Designated surfaces to receive vinyl base shall be structurally sound, smooth, dry and clean, free of dirt, dust, oil, wax or other foreign matter which would interfere with a good bond. 2. Painted surfaces to receive vinyl base shall be thoroughly dry and cured. 3. The Contractor shall roughen shiny surfaces such as glossy paint that may cause adverse bonding. 4. Back of vinyl base shall be free of mold release agents or other contaminants that could interfere with proper adhesion. L. Installation: Carpet and VCT 1. Layout and plan the area to be carpeted or tiled by preparing a seaming plan to be approved by the Contract Administrator prior to work commencing. Seaming plan shall reflect minimum number of seams possible under guidelines of these specifications. 2. Check the plan against the available roll lengths and dye-lot numbers to ensure all rolls are of the same dye-lot. Using more than one dye-lot in the same room or open area is not permitted. 3. Plan seam locations so that no perpendicular seams occur at door openings. 4. Seams shall run with flow of traffic as best as possible. M. Installation: Carpet tiles 1. Install carpet according to manufacturer’s printer instructions. 2. Apply adhesives as per manufacturer’s printed instructions. 3. In open perimeter designs, use a fixed reducer strip to secure the area. N. Installation: Vinyl Base 1. All vinyl base shall be cove cut on inside corners. 2. Plan seam locations so that no seams end on outside corners. 3. Check each carton of base for dye lot numbers to assure there is no mixing of due lots during installation. O. Adhesive Application 1. Adhesives shall be compatible with product being installed. 2. The Contractor shall follow manufacturer’s recommendation to apply as directed for proper adhesion and to ensure compliance with warranty terms and conditions. P. Cleanup 1. Remove visible adhesive, seam sealer and other surfaces blemishes using cleaner recommended by manufacturer. Page 3 of 5 2. Remove protruding yarns from carpet surface. 3. Remove all debris and carpet remnants less than one yard from job site and dispose properly. Carpet remnants in excess of one yard shall be returned to the Contract Administrator. 1.3 Job Order A. Information for the services shall be provided to the Contractor through job orders by phone and/or email in an emergency. The Contractor shall request the job order copy from the Contract Administrator, if City fails to provide. B. The Contractor shall submit a written estimate for approval to the Contract Administrator utilizing pricing as outlined in the Contract. Estimate shall include labor and parts/materials based on the information provided in the job order or site visit. C. The Contractor shall provide a payment bond if the estimate of the job order exceeds $50,000 and a performance bond if the estimate of the job order exceeds $100,000. D. If any work requested by job order is of the nature to require the supervision and/or drawings of an engineer, the City will provide Contractor with the stamped drawings and/or separately procure the supervising engineer. E. If the estimate is accepted and work performed, the Contractor’s invoice shall not exceed the authorized amount of the work order unless preauthorized by the Contract Administrator via a work order amendment prior to the work being performed. F. Upon completion of job order, the Contractor shall provide a job ticket. The job ticket shall include, but not limited to – Company Name, Date of service, Project address, Detail Description of work performed, parts/material used, and Maximo work order reference number. G. If any item or equipment covered under this service agreement is deemed non- repairable, the Contractor shall immediately notify the Contract Administrator and provide assessments and recommendations. 1.4 Service Personnel A. The Contractor shall assure that all crews are fully and properly equipped to perform services promptly and safely without delay. All personnel assigned to the service agreement shall wear a uniform, including safety equipment and any company issued photo identification. The Contractor’s employees working on site shall wear clothing with an identifiable logo bearing the name of the company visible from 15 feet. All personnel shall be neatly dressed in shirts, safety shoes, and long pants. Shorts or torn clothing are unacceptable. B. If the service personnel do not perform as required, the City has the right to reject the personnel and the Contractor is liable to deploy new personnel. C. The Contractor shall conduct background checks for all personnel before they are assigned to work under this agreement. The Contract Administrator may ask for the background check report from the Contractor. The City reserves the right to approve or refuse employees because of an unsatisfactory background check. Background checks will be done at the sole expense of the Contractor. Page 4 of 5 1.5 Site Control A. The Contractor shall safeguard the area while services are being performed. The Contractor shall try to minimize an interference to the building occupants with the day to day operations. The Contractor shall be responsible for assuring the safety of its employees, City employees, and the public during performance of all services under this agreement. B. The Contractor shall repair or responsible for the cost to repair damage incurred in the process of performing the required services. C. The Contractor is responsible for protecting the work from damage from any source prior to final acceptance. 1.6 Completion A. Upon completion, the Contractor shall conduct a careful inspection with the department personnel and shall correct all defective work to the satisfaction of the Contract Administrator. B. Remove all scrap, litter and debris resulting from operations specified herein, and leave work and the premises in clean and satisfactory conditions. 1.7 Contract Pricing The labor rate shall include all labor costs including but not limited to labor, overhead, transportation, administrative and profit. Materials will be compensated at cost with receipts and allowable markup (%) shown in contract. 1.8 Recordkeeping The Contractor shall establish and maintain a log delineating complete and accurate records of all services, repairs, parts, supplies and materials for each location for the term of the Contract. The Contractor shall update the logs after each service defined in the Contract. 1.9 Invoicing A. Each month, the Contractor shall submit the invoice for flooring services to the City. The invoice shall include Work description, Job Order Number, Purchase Order Number (PO#), Service Agreement Number, Location, date of service and list of Materials that were replaced. B. Invoices shall be sent as follows: Original copy to the Asset Management-Business Management Division at facilitymaintenanceinvoicing@cctexas.com and one to the Contract Administrator. The Contractor shall include copies of monthly Job order as back-up for each invoice. Approval for payment shall be authorized by the Contract Administrator or Operation Superintendent. 1.10 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 5 of 5 1.11 Work Location The Contractor may perform Floor replacement and repair services to the following location including, but not limited to: BUILDING Address Zip Code 1 Health Department 1702 Horne Rd 78416 2 City Hall 1201 Leopard St 78401 3 Gas Department 4225 S Port Ave 78415 4 Police Department 321 John Sartain St, 78401 5 Municipal Courts 321 John Sartain St, 78401 6 Frost Bank 2402 Leopard St, 78408 7 Water Department 2726 Holly Rd, 78415 8 Broadmoor Senior Center 1651 Tarlton St, 78415 9 Ethel Eyerly Senior Center 654 Graham Rd. 78418 10 Garden Senior Center 5325 Greely Dr, 78412 11 Greenwood Senior Center 4040 Greenwood Dr, 78416 12 Lindale Senior Center 3135 Swantner St, 78404 13 Northwest Senior Center 9725 Upriver Rd, 78410 14 Oveal Williams Senior Center 1414 Martin Luther King Dr, 78401 15 Zavala Senior Center 510 Osage St, 78405 16 La Retama Central Library 805 Comanche St, 78401 17 Garcia Public Library 5930 Brockhampton St, 78414 18 Janeth Harte Public Library 2629 Waldron Rd, 78418 19 Hopkins Public Library 3202 McKinzie Rd, 78410 20 McDonalds Library 4044 greenwood Dr, 78416 21 Neyland Public Library 1230 Carmel Pkwy, 78411 22 Joe Garza Recreation Center 3204 Highland Ave, 78405 23 Lindale Recreation Center 3133 Swantner St, 78404 24 Oak Park Recreation Center 842 Erwin Ave, 78408 25 Oso Recreation Center 1111 Bernice Dr 78413 26 Soloman Coles Rec Center 924 Winnebago St, 78401 27 Science and History Museum 1900 N Chaparral St, 78401 28 Al Kruse Tennis Center 502 King St, 78401 29 HEB Pool Complex 1520 Shelly St, 78404 30 HEB Tennis Court 1520 Shelly St, 78404 31 Central Kitchen 4141 Old Brownsville Rd, 78405 32 O N Stevens Plant 13101 Leopard St, 78410 33 Solid Waste Building 2525 Hygeia, 78415 34 Oso Wastewater Treatment Plant 501 Nile, 78412 35 Greenwood WWTP 6541 Greenwood Dr, 78417 36 Broadway WWTP 1402 W Broadway, 78401 37 Laguna Madre WWTP 201 Jester St, 78418 38 White Cap Waste WWTP 13409 White Cap St, 78418 39 Allison Wastewater Treatment Plant 4101 Allison St, 78410 40 CEFE Landfill 2397 Co.Rd.20, Robstown, TX 78380 41 J C Elliot Transfer Station 6594 Greenwood St, 78415 42 Other City Owned locations City Wide Page 1 of 3 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $1,000,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 2 of 3 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 an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. 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 a copy of the 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 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, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the 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 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. Within five (5) calendar days of a suspension, cancellation, or non-renewal 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 remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due Page 3 of 3 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 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 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. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/26/2019 Risk Management – Legal Dept. BONDS Bonds will be required as outlined in the Scope of work. Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor shall warrant materials and workmanship against defects arising from faulty material, faulty workmanship for a period of one year following the final acceptance of the work and shall replace such defective materials or workmanship without cost to the City. B. Where any material carries a manufacturer’s warranty for any period in excess of one year, then the manufacturer’s warranty shall apply for that piece of material The Contractor shall replace such defective materials, without cost to the City, within the manufacturer’s warranty period. C. Any additional service call to repair deficiencies previously addressed will not be considered for payment. DATE:January 14, 2020 TO:Peter Zanoni, City Manager FROM:Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC. of Corpus Christi, Texas, in an amount not to exceed $91,657.51 for the purchase of spray marking paint for the City Warehouse as a central distribution for City departments, effective upon issuance of notice to proceed, with funding in the amount of $21,641.35 available in the FY 2020 Stores Fund. SUMMARY: This motion authorizes a three-year supply agreement with Ferguson Enterprises, LLC. of Corpus Christi, Texas for the purchase of spray marking paint. This spray marking paint is purchased and utilized by City departments for work related purposes, for example the Water Utilities Department marks underground utilities and Asset Management may need to mark a wall or sidewalk for repairs. BACKGROUND AND FINDINGS: The City Warehouse purchases and stocks spray marking paint as a central distribution for City departments for various work-related projects. This paint is then purchased from the warehouse by various departments for their use. The Contracts and Procurement Department conducted a competitive RFB process to obtain bids for a new contract. The City received three responsive, responsible bids, and is recommending the award to the lowest responsive, responsible bidder, Ferguson Enterprises LLC. Spray Marking Paint AGENDA MEMORANDUM Action Item for the City Council Meeting January 14,2020 ALTERNATIVES: An alternative to securing a supply agreement would be to require the City departments to purchase the spray marking paint on an as needed basis, which would not be as productive. In addition, a three-year agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Contracts and Procurement in FY 2020 is an amount not to exceed $21,641.35. The remaining cost will be funded through the annual budget process. FUNDING DETAIL: Fund:5010 Stores Organization/Activity:40000 Warehouse Stores Mission Element:185 Centralized Purchasing System Project # (CIP Only): N/A Account:520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing a three-year supply agreement with Ferguson Enterprises, LLC for spray marking paint as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement CITY OF CORPUS CHRISTI BID TABULATION CONTRACTS AND PROCUREMENT RFB 2293 - SPRAY MARKING PAINT BUYER: CINDY RAMOS ITEM CITY STOCK #DESCRIPTION UNIT 3 YEAR QTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE 1 1880 INVERTED SPRAY MARKING PAINT FLUORESCENT ORANGE 17 TO 20 OZ EA 2,163 $ 2.207 $ 4,773.741 $ 2.750 $ 5,948.250 $ 3.080 $ 6,662.040 2 1884 INVERTED SPRAY MARKING PAINT HIGH VISIBILTY YELLOW 17 TO 20 OZ. EA 14,007 $ 2.207 $ 30,913.449 $ 2.750 $ 38,519.250 $ 3.080 $ 43,141.560 3 1885 INVERTED SPRAY MARKING PAINT FLUORESCENT BLUE 17 TO 20 OZ. EA 11,274 $ 2.207 $ 24,881.718 $ 2.750 $ 31,003.500 $ 3.080 $ 34,723.920 4 1886 INVERTED SPRAY MARKING PAINT FLUORESCENT GREEN 17 TO 20 OZ. EA 5,694 $ 2.207 $ 12,566.658 $ 2.750 $ 15,658.500 $ 3.080 $ 17,537.520 5 1887 INVERTED SPRAY MARKING PAINT SAFETY RED 17 TO 20 OZ EA 450 $ 2.207 $ 993.150 $ 2.750 $ 1,237.500 $ 3.080 $ 1,386.000 6 1888 INVERTED SPRAY MARKING PAINT SAFETY WHITE 17 TO 20 OZ. EA 6,543 $ 2.207 $ 14,440.401 $ 2.750 $ 17,993.250 $ 3.080 $ 20,152.440 7 1811 INVERTED WAND FOR MARKING SPRAY PAINT 17 TO 20 OZ EA 237 $ 21.470 $ 5,088.390 $ 18.500 $ 4,384.500 $ 19.680 $ 4,664.160 93,657.51$ 114,744.75$ 128,267.64$ STRIPING SERVICE AND SUPPLY INC. CORPUS CHRISTI, TX FERGUSON ENTERPRISES, LLC CORPUS CHRISTI, TX TOTAL SAFETY ZONE SPECIALISTS INC. CORPUS CHRISTI, TX Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form July 11, 2019 SUPPLY AGREEMENT NO. 2293 Spray Marking Paint THIS Spray Marking Paint Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Ferguson Enterprises, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Spray Marking Paint in response to Request for Bid No. 2293 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’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 Contractor agree as follows: 1. Scope. Contractor will provide Spray Marking Paint 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 three years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment 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 $91,657.51, 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. Contractor shall invoice no more frequently than once per month. 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. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form July 11, 2019 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: Robert Presnell Department: Contracts and Procurement Phone: 361-826-1750 Email: robertpr@cctexas.com 5. Insurance. 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor 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 Contractor a purchase release order signed by an authorized agent of the department or divisi on. The purchase release order must refer to this Agreement, and products will remain with the Contractor 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 Contractor, 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 Contractor within 30 days of receipt of City’s invoice. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form July 11, 2019 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any 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 products 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 unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. 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. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form July 11, 2019 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: Robert Presnell Title: Stores Supervisor Address: 5352 Ayers, Bldg 6, Corpus Christi, TX 78415 Phone: 361-826-1750 Fax: 361-826-1690 IF TO CONTRACTOR: Ferguson Enterprises, LLC Attn: Bryan Steele Title: Sales Address: 221 Junior Beck Dr., Corpus Christi, TX 78405 Phone: 361-289-1977 Fax: 361-289-1968 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form July 11, 2019 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 comply with any of the terms 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. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 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 operation of nor affect those portions of this Agreement that are valid, but this Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form July 11, 2019 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 if required by said statute. 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) CONTRACTOR Signature: Printed Name: --------=�=""-'-k---'-�_l..d,""----"-'-=- Title: S4 Date: Clf� -fr CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement 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. 2293 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Approved as to Legal Form July 11, 2019 Page 7 of 7 1. General Requirements/Background Information The City uses and stocks spray marking paint at the City Warehouse for use by various departments. 2. Scope of Work A.The Supplier shall provide spray marking paint as outlined on Bid/Pricing Schedule. B.The Supplier shall cross reference the City's stock number listed on the Bid/Pricing schedule. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. 3. Supplier Quality Control and Superintendence All spray marking paint will be defect free, properly packed and shipped to ensure a safe delivery. 4. Special Instructions A.Ordering and Delivery 1 . City will place an order on as needed basis. 2.Supplier shall ship the materials within 2 weeks of received order to the City Warehouse, located at 5352 Ayers St. Building 6, Corpus Christi, Texas 78415. 3.All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 4.Supplier must send Technical data sheet along with the delivery of the material. City will not accept any products that do not conform to the specifications. 5.If any items found defective, unusable or inoperable to the condition, Supplier shall arrange return shipment or shipping charge will be reimbursed from the invoice. 6.Supplier understands and agrees that the City may, at its discretion, cancel any backorders due to the Supplier's inability to deliver the product within the set time frame. 7.Cancellations shall be in writing and sent to Supplier by email, fax or mail. 8.No restocking fee or payment of any kind shall be owed for orders cancelled due to Supplier's inability to meet the deadline delivery date. B.Defective Goods Supplier shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Supplier must arrange for the return shipment of damaged products. Revised 4.4.19 Page 1 of 1 ATTACHMENT A: SCOPE OF WORK Date: 07-24-2019 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM RFB No. 2293 Spray Marking Paint Bidder: FERGUSON ENTERPRISES, LLC 1.Refer to "Instructions to Bidders" and Contract Terms and Conditions beforecompleting 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 Contracts and Procurement 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 /:City Description UNIT 3YR Unit Total .. Stock# ..... QTY Price Price 1 1880 INVERTED SPRAY MARKING PAINT EA 2,163 FLUORESCENT ORANGE 17 TO 20 OZ 2.207 4773.74 2 1884 INVERTED SPRAY MARKING PAINT EA 14,007 HIGH VISIBILTY YELLOW 17 TO 20 OZ. 2.207 30913.45 3 1885 INVERTED SPRAY MARKING PAINT EA 11,274 FLUORESCENT BLUE 17 TO 20 OZ. 2.207 24881.72 4 1886 INVERTED SPRAY MARKING PAINT EA 5,694 FLUORESCENT GREEN 17 TO 20 OZ. 2.207 12566.66 5 1887 INVERTED SPRAY MARKING PAINT EA 450 SAFETY RED 17 TO 20 OZ 2.207 993.15 6 1888 INVERTED SPRAY MARKING PAINT EA 6,543 SAFETY WHITE 17 TO 20 OZ. 2.207 14440.40 7 1811 INVERTED WAND FOR MARKING EA 237 SPRAY PAINT 17 TO 20 OZ 21.470 5088.39 Grand Total 93 657.51 PLEASE NOTE: MINIMUM ORDERS ARE TO BE 48 CASES. ATTACHMENT B: BID/PRICING SCHEDULE Page 1 of 1 Page 1of 1 RFQ Revised 1.3.2018 ATTACHMENT C: INSURANCE REQUIREMENT Section 5. is null to this Service Agreement Page 1of 1 RFQ Revised 1.3.2018 ATTACHMENT D: WARRANTY REQUIREMENTS The Supplier warrants that all products supplied under this Agreement are new, quality items that are free from defects when accepted by the City. DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM: Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a three-year supply agreement with International Corrosion Control, Inc., of Lewiston, New York for a total amount not to exceed $171,492.00 for the purchase of magnesium anodes for the City Warehouse as a central distribution for the Gas Department to provide cathodic protection for corrosion control of underground gas pipelines, effective upon issuance of a notice to proceed, with FY 2020 funding in the amount of $57,164.00 available through the Stores Fund. SUMMARY: This three-year supply agreement is for magnesium anodes for the Gas Department and stocked by the City’s W arehouse. Magnesium anodes are used to provide cathodic protection for corrosion control of City underground gas pipelines. The magnesium anodes are being purchased by the City W arehouse and stocked for purchase by the Gas Department as needed. BACKGROUND AND FINDINGS: The City Warehouse purchases and stocks magnesium anodes so that they are available as needed for use by the Gas Department to provide cathodic protection of underground gas pipelines. Cathodic protection of coated steel gas lines is necessary in preventin g corrosion which is a leading cause of premature failure in pipelines. These anodes are buried in the soil and attached to the pipeline by wire through a test station and act as a sacrificial metal that corrodes, instead of the protected line. Overtime the magnesium anode continues to corrode, consuming the anode material until it eventually must be replaced. These anodes will be used to replace existing anodes Magnesium Anodes AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2020 throughout our system that have been depleted or have exceeded the expected life cycle of approximately 10 years. The Contracts and Procurement Department conducted a competitive R equest for Bids 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, International Corrosion Control, Inc. ALTERNATIVES: The alternative to accepting this bid would be to require the Gas Department to purchase magnesium anodes on an as needed basis, which would not be as productive. In addition, a long-term supply agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for the Contracts and Procurements Department in FY 2020 is an estimate cost of $57,164.00, with the remaining cost funded in future years through the annual budget process. Funding Detail: Fund: 5010 Stores Organization/Activity: 40000 Warehouse Stores Mission Element: 185 Centralized Purchasing System Project # (CIP Only): N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing a three -year agreement with International Corrosion Control, Inc., for Magnesium Anodes as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement CITY OF CORPUS CHRISTI BID TABULATION CONTRACTS AND PROCUREMENT RFB 2701 - MAGNESIUM ANODES BUYER: SANDRA RODRIGUEZ ITEM CITY STOCK # DESCRIPTION UNIT 3 YEAR QTY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 4506 MAGNESIUM ANODES HP 48# Magnesium Anode with 30' #12 THHN solid black cable EA 1,200 $ 155.00 $ 186,000.00 $ 142.91 $ 171,492.00 186,000.00$ 171,492.00$ B.K CORROSION,LLC HOUSTON, TX TOTAL INTERNATIONAL CORROSION CONTROL, INC. LEWISTON, NY Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form July 11, 2019 SUPPLY AGREEMENT NO. 2701 Magnesium Anodes THIS Magnesium Anodes Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and International Corrosion Control, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Magnesium Anodes in response to Request for Bid No. 2701 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’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 Contractor agree as follows: 1. Scope. Contractor will provide Magnesium Anodes 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 three years. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so by written amendment 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 $171,492.00, 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. Contractor shall invoice no more frequently than once per month. 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. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form July 11, 2019 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: Robert Presnell Department: Warehouse Phone: 361-826-1750 Email: Robertpr@cctexas.com 5. Insurance. 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor 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 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 products will remain with the Contractor 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 Contractor, 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 Contractor within 30 days of receipt of City’s invoice. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form July 11, 2019 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any 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 products 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 unless the subcontractors were named in the bid or in an attachment to this Agreement. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. 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. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form July 11, 2019 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: Robert Presnell Title: Stores Supervisor Address: 5352 Ayers St., Corpus Christi, Texas 78415 Phone: 361-826-1990 Fax: 361-826-1690 IF TO CONTRACTOR: International Corrosion Control, Inc. Attn: Ray Thoroski Title: Manager, Customer Service Address: P.O.Box 441, Lewiston, New York 14092 Phone: 800-699-8771 Fax: 905-333-4313 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form July 11, 2019 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 comply with any of the terms 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. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 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 operation of nor affect those portions of this Agreement that are valid, but this Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form July 11, 2019 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 if required by said statute. 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (SIGNATURE PAGE FOLLOWS) Page 1 of 1 ATTACHMENT A: SCOPE OF WORK 1. General Requirements/Background Information The City uses and sticks Magnesium Anodes at the City Warehouse for use by Gas Department. 2. Scope of Work A.The Contractor shall provide magnesium anodes as outlined on Bid/Pricing Schedule. B.The Contractor shall cross reference the City’s stock number listed on the Bid/Pricing schedule. The City agrees not to change the stock numbers assigned to each item for the duration of the contract. 3. Contractor Quality Control and Superintendence All magnesium Anodes will be defect free, properly packed and shipped to ensure a safe delivery. 4. Special Instructions A.Ordering and Delivery 1.City will place an order on as needed basis. 2.Contractor shall ship the materials within 2 weeks of received order to the City Warehouse, located at 5352 Ayers St. Building 6, Corpus Christi, Texas 78415. 3.All contract prices are F.O.B. destination, inside delivery to the City of Corpus Christi Facility, freight prepaid. 4.Contractor must send Technical data sheet along with the delivery of the material. City will not accept any products that do not conform to the specifications. 5.If any items found defective, unusable or inoperable to the condition, Contractor shall arrange return shipment or shipping charge will be reimbursed from the invoice. 6.Contractor understands and agrees that the City may, at its discretion, cancel any backorders due to the Contractor’s inability to deliver the product within the set time frame. 7.Cancellations shall be in writing and sent to Contractor by email, fax or mail. 8.No restocking fee or payment of any kind shall be owed for orders cancelled due to Contractor’s inability to meet the deadline delivery date B. Defective Goods Contractor shall pay for return shipment on any products that arrive in a defective, unusable or inoperable condition. Contractor must arrange for the return shipment of damaged products. CITY OF CORPUS CHRISTI CONIRACTS AND PROCUREMENT DEPARTMENT BID FORM RFB No. 2701 Mognesium Anodes PAGE I OF IDote: November 18.2019 Authorized Bidder: International Corrosion Control Inc. Signoture: Refer lo "lnstruclions lo Bidders" ond Controcl Terms ond Condilions before compleling bid. Quole your best price for eqch ilem. ln submitting this bid, Bidder cerlifies lhot: o. the prices in this bid hove been orrived of independently, without consultotion, communicotion, or ogreement with ony other Bidder or competitor, for the purpose of restricting competition with regord to prices. b. Bidder is on Equol Opportunity Employer, ond the Disclosure of lnterest informotion on file with City's Controcts ond Procurement office, pursuont to the Code of Ordinonces, is current ond true. c. Bidder is current with oll toxes due ond compony is in good stonding with oll opplicoble governmentol ogencies. d. Bidder ocknowledges receipt ond review of oll oddendo for this RFB. l. 2. 3. Item Clty Stock # Descripiion UNIT QTY 3 Yr. Unil Price Tolo! Price I 4506 MAGNESIUM ANODES HP 48# Mognesium Anode with 30' # l2 THHN solid blqck coble EA 1,200 $142.9t $171,492.00 ATTACHMENT B: BID FORM Page 1 of 1 Page 1 of 1 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS No insurance or bonds are required therefore, Supply Agreement 2701, Section 5(A) and (B) is hereby void. Page 1of 1 ATTACHMENT D: WARRANTY REQUIREMENTS No product warranty is required therefore, Supply Agreement 2701, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste Services DavidL3@cctexas.com (361) 826-1953 Miles Risley, City Attorney MilesR@cctexas.com (361) 826-3361 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a five-year service agreement with Lytx, Inc. of San Diego, California in an amount not to exceed $267,962.90 for the purchase of the DriveCam Program including event recorders, subscription, hardware, installation, set up, and training services for Solid Waste Services and Risk Management, a division of the Legal Department, to be utilized by Solid Waste Services and various other departments in fleet vehicles, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $59,049.80 available through the General Fund and the General Liability Fund. SUMMARY: This service agreement is for the DriveCam Program consisting of the purchase of video event recorders, subscription, hardware, installation, setup and training services . The program will be utilized by both departments for safe driving reinforcement and training and the equipment will be installed in Solid Waste Services’ and various other department fleet vehicles to capture driving activities. BACKGROUND AND FINDINGS: Solid Waste Services and Risk Management are requesting the renewal of the Lytx DriveCam Program. The DriveCam safety program is a video-based program designed to help demonstrate the driving activities of staff while driving a city vehicle. The video Service Agreement for Lytx DriveCam Program AGENDA MEMORANDUM Action item for the City Council Meeting of January 14, 2020 provides a true picture of what happened during an incident and can also be used as a critical piece of evidence. The video can also help improve driving performance by showing the staff opportunities to become better and safer drivers. The program has been successful in Solid Waste and will now be used by Risk for high risk drivers in other departments. This procurement is through the General Services Administration (GSA) Cooperative. Contracts awarded through the GSA Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. ALTERNATIVES: The Solid Waste Services department has been utilizing this system successfully since 2015 and has standardized its fleet with Lytx’s equipment and it is now being expanded into other departments. It is not cost effective to abandon the DriveCam safety program at this time due to the successful results. This program monitors driving behavior and proactively helps reduce preventable accidents. FISCAL IMPACT: The fiscal impact in FY 2020 for both Solid Waste and Risk Management is an estimated amount of $59,049.80 for the first year of the five-year service agreement., Solid Waste’s portion is $26,390.00 and Risk Management is $32,659.80. The remaining cost of $208,913.10 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12500 Solid Waste Administration Mission Element: 031 Collect brush & bulk waste Project # (CIP Only): N/A Account: 530000 Professional Services Cost: $26,390.00 FUNDING DETAIL: Fund: 5611 General Liability (Liab/EB) Fund Organization/Activity: 40525 Property Damage Claims Mission Element: 005 Process Claims Against City Project # (CIP Only): N/A Account: 540000 Casualty Loss Expenses Cost: $32,659.80 RECOMMENDATION: Staff recommends approval of the motion authorizing a five-year service agreement with Lytx, Inc., for the DriveCam Program for Solid Waste Operations and Risk Management Department as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement City of Corpus Christi Contracts and Procurement Senior Buyer: Cynthia Perez ITEM DESCRIPTION Hardware and Services Qty.Unit Unit Price Total 1 First Year - Upfront cost for Risk Management - video event recorders, hardware, installation, setup and training services ER-SF64-0020 ($545.00) Provisioning Fee/Per VER unit ($47.86) DriveCam Installation Per Unit - Standard Install ($205.80) 30 EACH $798.66 $23,959.80 2 Subscriptions -Risk Management DC Enterprise, DC Purchase 30 EACH $290.00 $8,700.00 3 Subscriptions - Solid Waste DC Enterprise, DC Purchase 91 Each $290.00 $26,390.00 Subtotal $59,049.80 Recurring Cost years 2 thru 5 Subscription Services Qty.Unit Unit Price Annual Cost Recurring Cost years 2 thru 5 Total Cost 4 Subscriptions -Risk Management DC Enterprise, DC Purchase 30 Each $290.00 $8,700.00 4 $34,800.00 5 Subscriptions - Solid Waste DC Enterprise, DC Purchase 91 Each $290.00 $26,390.00 4 $105,560.00 Subtotal $140,360.00 CONTIENGENCY PLAN Hardware and Supplies Hardware and Services Qty.Unit Unit Price Total Recurring Cost years 2 thru 5 Total Cost 6 Risk Management - video event recorders, hardware, installation, setup and training services ER-SF64-0020 ($545.00) Provisioning Fee/Per VER unit ($47.86) DriveCam Installation Per Unit - Standard Install ($205.80) 15 Each $798.66 $11,979.90 0 $11,979.90 7 Solid Waste - video event recorders, hardware, installation, setup and training services ER-SF64-0020 ($545.00) Provisioning Fee/Per VER unit ($47.86) DriveCam Installation Per Unit - Standard Install ($205.80) 20 Each $798.66 $15,973.20 0 $15,973.20 8 Subscriptions -Risk Management DC Enterprise, DC Purchase 15 Each $290.00 $4,350.00 4 $17,400.00 9 Subscriptions - Solid Waste DC Enterprise, DC Purchase 20 Each $290.00 $5,800.00 4 $23,200.00 Subtotal $68,553.10 $267,962.90 Lytx, Inc. TOTAL Price Sheet Lytx Drivecam Agreement SERVICE AGREEMENT NO. 73570 Lytx DriveCam Program THIS Lytx DrlveCam Program Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Lytx, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has agreed to provide Lytx DriveCam Program services pursuant to its GSA agreement, GS-35F-0623S , which is incorporated by reference as if set forth in its entirety herein. NOW, THEREFORE, City and Contractor agree as follows: 1.Scope. Contractor will provide Lytx DriveCam Program ("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. 2.Term. This Agreement is for five years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to 00 additional 00-year periods ("Option Period(s)"), provided, the parties do so by written amendment 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 $267,962.90, 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. Contractor shall invoice no more frequently than once per month. 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. 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 Service Agreement Standard Form Page 1 of 7 DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM: Kim Womack, Communications Director KimW@cctexas.com (361) 826-3210 Peter Collins, Chief of Information Technology peterc@cctexas.com (361) 826-3735 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing a five-year service agreement with Selectron Technologies, Inc. of Portland, Oregon in an amount not to exceed $138,300.00 for the purchase of PremierPro support and maintenance services for the Interactive Voice Response (IVR) phone system for the Communications Department, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $26,050.00 available through the Information Technology Fund. SUMMARY: This service agreement is for PremierPro support and maintenance services for the IVR phone system for the Communications Department, which consists of an all-in-one system that manages the functionality, maintenance services, and upgrades . BACKGROUND AND FINDINGS: The City of Corpus Christi purchased the IVR phone system in 2004 and Selectron Technologies, Inc. has been the sole provider for service and maintenance for fifteen years. The Communications Department is requesting the continuance of the Selectron Technologies, Inc. PremierPro support and maintenance services for the IVR phone system. The IVR phone system is used for bill payments, business services, information and faxing through the City’s telephone systems. This system is essential for supporting Service Agreement for PremierPro Support and Maintenance Services for the Interactive Voice Response Phone System AGENDA MEMORANDUM Action item for the City Council Meeting of January 14, 2020 utility billing and informational IVR’s for various City departments. The suppor t and maintenance of the IVR phone system helps the City better communicate with provide service to its citizens. Selectron Technologies, Inc. is the sole source supplier for PremierPro support and maintenance services for the IVR phone system services. ALTERNATIVES: No other provider can perform the product updates, enhancements, modifications, application database integration changes and technical support for the IVR phone system. FISCAL IMPACT: The fiscal impact is an amount not to exceed $26,050.00 for the first year of the five-year service agreement from the FY 2020 Information Technology Fund . The remaining cost of $112,250.00 for the remaining four years will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 5210 Info Tech Fund Organization/Activity: 11475 E-Government Services Mission Element: 172 Customer Service Project # (CIP Only): N/A Account: 540037 E-Gov Applications Cost: $26,050.00 RECOMMENDATION: Staff recommends approval of the motion authorizing a five-year service agreement with Selectron Technologies, Inc., for the PremierPro support and maintenance services for the IVR phone system for Communications Department as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Service Agreement Page 1 of 2 Resolution authorizing a five-year service agreement with Selectron Technologies, Inc. of Portland, Oregon in an amount not to exceed $138,300.00 for the purchase of PremierPro support and maintenance services for the Interactive Voice Response (IVR) phone system for the Communications Department, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $26,050.00 available through the Info Tech Fund. WHEREAS, Selectron Technologies, Inc., will provide PremierPro support and maintenance services for the Interactive Voice Response (IVR) phone system for the Communications Department; 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) (7) (A), a procurement of items that are available from only once source because of patents, copyrights, secret processes, or natural monopolies. 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 Selectron Technologies, Inc., to provide PremierPro support and maintenance services for the Interactive Voice Response (IVR) phone system for the Communications Department, for an amount not to exceed $138,300.00, and funded through the Technologies Fund. Page 2 of 2 PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST:CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Project No: 19073A 1 MA Legistar No.: 19-1511 Rev. 5– 11/15/19 DATE: December 8, 2019 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Dan Grimsbo, P.E., Director of Water Utilities dang@cctexas.com (361) 826-1718 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a Master Service Agreement (MSA) for Subsurface Utility Engineering (SUE) Services for locating underground lines associated with Bond Street projects to Cobb, Fendley & Associates, Inc. for an initial amount up to $350,000 and one renewal option to be administratively authorized for a total not to exceed $700,000, with projects located citywide, effective upon notice to proceed, and funding available through the FY 2020 Utility Capital Program. SUMMARY: This contract provides for the professional engineering services under an MSA to perform SUE investigations and analysis for various City Bond 2018 Street improvement projects. These services are critical to minimize potential underground utility conflicts during construction that result in delays and change orders. BACKGROUND AND FINDINGS: SUE services involve locating and identifying existing underground utilities and potential conflicts with new utilities by investigating and determining detailed underground utility survey information including exact locations, depths, size and material types. This information allows the design engineer to properly place new utility lines, upgrades and other improvements in the most cost-effective locations. The scope includes data collection (as-builts and record drawings), site investigations, hydro-excavation of existing underground utilities to determine appropriate information for each quality level with submission of a final report for the design engineer. The survey information is collected according to required “quality levels”. The American Society of Civil Engineers (ASCE) published Standard AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2020 Master Services Agreements Subsurface Utility Engineering (SUE) Services Project No: 19073A 2 MA Legistar No.: 19-1511 Rev. 5– 11/15/19 Guidelines for the Collection and Depiction of Existing Subsurface Utility Data with four quality levels (A thru D): Quality Level D is the most basic level of information for utility locations. It comes solely from existing utility records or verbal recollections. QL-D is useful primarily for project planning and route selection activities. Quality Level C involves surveying visible above ground utility facilities (e.g., manholes, valve boxes, etc.) and correlating this information with existing utility records (QL-D information). Quality Level B involves the application of appropriate surface geophysical methods to determine the existence and horizontal position of virtually all subsurface utilities within a project’s limits. Quality Level A is the highest level of accuracy presently available providing precise plan and profile mapping of underground utilities through the actual exposure of underground utilities (usually at a specific point). This level also provides the type, size, condition, material and other characteristics of underground features. Exposure is typically achieved through hand digging or Hydro-Vacuuming. This MSA contract was developed to perform SUE services for various projects. SUE provides detailed underground utility survey information according to required quality levels. Multiple task orders will be issued for project specific SUE services within a not to exceed amount of $350,000. Task orders will be administratively approved. PROJECT TIMELINE: '19 DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Services 2020 The SUE investigations will start in December 2019 with completion planned in December 2020 for the initial contract amount with one optional extension. COMPETITIVE SOLICITATION PROCESS: Cobb Fendley & Associates, Inc., was selected for this service in July 2019 under RFQ 2019-01. The selection committee with representatives from Street Department, Utility Department and the Engineering Services evaluated five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience with street and local utility Improvement projects, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. Cobb Fendley & Associates, Inc., was the highest ranking firm and is being recommended for award. ALTERNATIVES: Not awarding this MSA will result in delays and increased cost for both design and construction. An Project No: 19073A 3 MA Legistar No.: 19-1511 Rev. 5– 11/15/19 alternative to awarding the contract is to amend each project contract requiring SUE services, delaying the reconstruction of that project and impeding Council goals of completing Bond 2018 street projects in a timely manner and within budget. FISCAL IMPACT: This item proposes to award a Master Service Agreement (MSA) to Cobb, Fendley & Associates, Inc., for Subsurface Utility Engineering (SUE) Services for up to the amount of $350,000 for the base contract amount with an administratively authorized renewal option for a contract total not to exceed $700,000. Work will be performed on various projects citywide as necessary and is effective upon a notice to proceed. Funding is approved and available through the FY 2020 Utility Capital Program. Specific funding details will be determined at the Task Order level based on utility work requested. Funding Detail: Fund: To be determined based on utility work requested Mission Elem: To be determined based on utility work requested Project: SUE Services (19073A) / Project Specific Issued Task Orders Account: Outside Consultants #550950 Activity: Project Specific RECOMMENDATION: Staff recommends award of this MSA with Cobb Fendley & Associates, Inc., in the amount of $350,000 for the base contract amount and an additional renewal with a contract total not to exceed $700,000. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Master Service Agreement 37 37 181 77 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES SUBSURFACE UTILITY ENGINEERING (SUE) MASTER SERVICES AGREEMENT LOCATION MAP NOT TO SCALE CITYWIDE PROJECT N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES SUBSURFACE UTILITY ENGINEERING (SUE) MASTER SERVICES AGREEMENT VICINITY MAP NOT TO SCALE CITYWIDE PROJECT Master Services Agreement Page 1 of 10 SERVICE AGREEMENT NO. 2593 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 19073A - SUE Services The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and COBB, FENDLEY AND ASSOCIATES, INC., 505 E. Huntland Drive, Suite 100, Austin, Texas, 78752, (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER ..................................................................................... 2 ARTICLE II COMPENSATION ................................................................................................. 3 ARTICLE III QUALITY CONTROL PLAN ................................................................................. 4 ARTICLE IV INSURANCE REQUIREMENTS ........................................................................... 4 ARTICLE V INDEMNIFICATION .............................................................................................. 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 4 ARTICLE VII TERMINATION OF AGREEMENT ....................................................................... 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT ......................................................................... 6 ARTICLE IX OWNER REMEDIES ............................................................................................ 6 ARTICLE X CONSULTANT REMEDIES .................................................................................. 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ............................................................... 7 ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................ 9 EXHIBITS Master Services Agreement Page 2 of 10 ARTICLE I – PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order as shown in Exhibit A shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant’s team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City’s General Conditions for Construction Contracts, an excerpt of which is attached as an exhibit to this Agreement. 1.9 For projects that require subsurface utility investigation: 1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Master Services Agreement Page 3 of 10 ARTICLE II – COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $350,000.00. 2.2 The Consultant’s fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule with their proposal. 2.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit C. Each invoice will include the Consultant’s estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant’s monthly invoices in compliance with the Texas Prompt Payment Act. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual’s time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount (base year) $350,000.00 Task 1 – TBD TBD Task 2 – TBD TBD Task 3 – TBD TBD Task 4 – TBD TBD Task 5 – TBD TBD Task 6 – TBD TBD 2.7 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.8 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.9 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. Master Services Agreement Page 4 of 10 ARTICLE III – QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) as needed. 3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE IV – INSURANCE REQUIREMENTS 4.1 Consultant must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable attorney’s fees in proportion to the Consultant’s liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant’s activities under this Agreement. ARTICLE VI – TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). Master Services Agreement Page 5 of 10 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 This service shall be for a period of one year beginning on the Effective Date. The Agreement may be renewed for one year upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially completed work as “Draft” and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. Master Services Agreement Page 6 of 10 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII – RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Consultant’s records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 “Consultant’s records” include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City’s judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s records only during City’s regular business hours. Upon reasonable prior notice, Consultant agrees to allow City’s designee access to all of Consultant’s records, Consultant’s facilities and Consultant’s current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX – OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 9.2 The City may assert a claim against the Consultant’s professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. Master Services Agreement Page 7 of 10 9.3 When the City incurs non-value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant’s response. 9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant’s errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X – CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI – CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution Master Services Agreement Page 8 of 10 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties’ senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator’s fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result from any dispute in this Agreement. 11.4 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY’S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Master Services Agreement Page 9 of 10 ARTICLE XII – MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. Master Services Agreement Page 10 of 10 12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary’s Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 12.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 12.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with Articles I - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take precedence and control to resolve said conflict. 12.15 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. CITY OF CORPUS CHRISTI COBB, FENDLEY & ASSOCIATES, INC. ________________________________ Mark Van Vleck (Date) Assistant City Manager ________________________________ Sandra Khoury, P.E. (Date) Vice President 505 E. Huntland Drive, Suite 100 Austin, Texas, 78752 (512) 646-4342 Office skhoury@cobbfendley.com APPROVED AS TO LEGAL FORM ________________________________ Assistant City Attorney (Date) for City Attorney ATTEST _______________________________ Rebecca Huerta, City Secretary Project 19073A - SUE Services Total Contract Maximum $350,000 (base year) Funding will be identified and encumbered per task order. 11-14-19 EXHIBIT A SAMPLE TASK ORDER PAGE 1 OF 1 EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and “Company Name” (Consultant) dated _________________, 2019 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: _______________________________ 1.PROJECT DESCRIPTION 2.SCOPE OF SERVICES 3.COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI ____________________________________ Jeff Edmonds, P.E. Date Director of Engineering Services COMPANY NAME, INC. ____________________________________ Authorized Signer Date Title Address City, State, Zip (xxx) xxx-xxxx name@email.com July 30th, 2019 Marisa Alaniz E.I.T Engineer II Engineering Services City of Corpus Christi VIA E-MAIL Re: RFQ No. 2019-01 SUE Services (Contract # pending) Dear Ms. Alaniz, CobbFendley is pleased to propose this attached scope of services for the Subsurface Utility Engineering (SUE) Services Contract as referenced above. CobbFendley understands this contract will take the form of a Master Services Agreement, under which task orders will be issued. This proposal is based on your email request on July 23rd 2019 Please do not hesitate to contact us again of we can assist the City of Corpus Christ in any way. We look forward to working with you. Sincerely, COBB, FENDLEY & ASSOCIATES, INC. Richard Clarke Project Manager EXHIBIT B Page 1 of 3 July 30th 2019 RFQ No. 2019-01– SUE Services MSA (contract # pending) Scope of Services The purpose of the Subsurface Utility Engineering (SUE) Services MSA referenced above is to assist the City of Corpus Christi Engineering Services Dept. by providing SUE for upcoming projects. SUE information allows the City and its engineering consultants to be aware of and take account of utility issues early in th e development of a project. This minimizes utility related re-designs, unanticipated stoppages and relocation costs. It also enhances on site safety. CobbFendley will provides these services to the City in a phased approach following the ASCE 38-02 “The Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data”- see below. Utility Quality Levels are used to define the range of SUE provided. In cumulative order (least to greatest) they are: Quality Level D - Existing Records: Utilities are plotted from review of available existing records Quality Level C - Surface Visible Feature Survey: Quality Level "D" information from existing records is correlated with surveyed surface-visible features. Quality Level B - Designate: Two-dimensional horizontal mapping. This information is obtained through the application and interpretation of appropriate non-destructive surface geophysical methods. Utility indications may be referenced to established survey control. Additional description of services, methodology and equipment is below. Quality Level A - Locate (Test Hole): Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey co ntrol) utility/environment data. Additional description of services, methodology and equipment is below. At the request of the City of Corpus CobbFendley shall: Perform Utility Designating (Level B SUE) to accurately identify and verify horizontal utility positions. This assists in identifying potential utility conflicts Perform Utility Locating (Level A SUE) to obtain utility depth information. This assists in resolving potential conflicts. Utility Designating (Level B SUE) CobbFendley Shall 1.Coordinate with City of Corpus Christi to schedule work. The City will provide permission or permits to perform work, or right of entry to property and any utility easements. Determine with the City the need for traffic control. CobbFendley shall provide traffic control or through subcontract if required. 2.Perform Record Research (Level D SUE) by contacting utility owners, The City, property owners and other stake holders to request utility information. This will assist CobbFendley in identifying utilities and marking them in the field. 3.Designate (means to mark and record) the horizontal location of the existing tone-able utility facilities using non- destructive surface geophysical techniques. Tone-able utilities are typically utilities that are conductive or internally accessible with a traceable fish tape or sonde. Water and communication vaults can typically be investigated from above ground. Cobb Fendley does not enter buried power vaults or manholes. 4.Where possible use Ground Penetrating Radar (GPR). Under ideal circumstances nonconductive buried lines can be investigated successfully with GPR. Soil conditions in Texas are however generally not suitable for GPR. CobbFendley has had success using GPR for SUE work, but non-conductive features can remain undetected.EXHIBIT B Page 2 of 3 5.Mark identified utilities using a non-water base paint and pin flags, utilizing the APWA color code scheme. CobbFendley will provide a field sketch of designated utilities. 6.If required survey SUE field markings and above ground utility features, tie to existing project survey control and plot on project base topo map to provide a composite utility drawing. CobbFendley can provide this composite drawing in Microstation, AutoCAD or ArcMap (GIS) format. 7.CobbFendley will review this utility map and compare with as-built information and field work. Discrepancies resolved using professional judgement. 8.Provide letter report summarizing work performed. 9.Based on the Level B SUE information and proposed designs, assist the City of Corpus in determining utility conflict locations and appropriate locations for vacuum excavation test holes to assist in resolving these potential conflicts. Vacuum Excavation (Level A) CobbFendley Shall: In locations where the depth of identified buried utilities is required, perform FHWA Level A vacuum test holes. Holes are excavated using a nondestructive compressed air vacuum excavation truck. Vacuum excavation shall be performed as follows: 1)Comply with regulations, and/or policies for the prevention of underground utility damage (i.e., one-call system). Coordinate with Development Services to schedule work. The City of Corpus will provide permission and permits to perform work. CobbFendley shall provide traffic control or through subcontract if required. 2)Vacuum excavate to measure and record the depth and location of found items. CobbFendley accepts no responsibility for contaminated soils should they be encountered during excavation. CobbFendley does not take ownership of any excavated material. 3)Record depth of the utility, line size, line material, condition of the line, type of soil around the line. Provide markers at each utility location. 4)Backfill the hole. Compact in lifts. Restore pavement if necessary. 5)If required survey utility test hole locations. Survey will be tied to existing project survey control, 6)Provide drafting to produce test hole data sheets showing utility depth, size and line material, condition of the line, type of soil for each test hole location surveyed. Test hole data sheets include a “snapshot’ from the CAD file showing test hole location and photographs of test hole and found utilities. 7)If requested, use SUE Level B and Level A information to assist the City in its utility coordination and utility relocation efforts Basis of Compensation The above scope of services will be provided on a Task Order basis. CobbFendley will not start project work without an approved Task Order from the City. The value of the 2019 SUE Services MSA is anticipated to be $350,000.00 2019 rate table is attached EXHIBIT B Page 3 of 3 2019 SUE MSA Rates 2018 Rate Unit % increase 2019 Rate Project Manager $194.25 Hour 2.5 $199.00 GIS Manager new Hour -$167.00 Project Eng/Senior Utility Coordinator new Hour -$167.00 Utility Specialist/Coordinator $141.75 Hour 2.5 $145.00 CADD/SIT/GIS Tech $89.25 Hour 2.5 $91.50 Clerical $73.50 Hour 2.5 $75.50 SUE Tech I $89.25 Hour 2.5 $91.50 SUE Tech II $110.25 Hour 2.5 $113.00 Vac Truck and Crew (Air)$309.75 Hour 2.5 $317.50 Hydrovac Truck and Crew new Day -tbd Survey Crew $162.75 Hour 2.5 $167.00 RPLS $162.75 Hour 2.5 $167.00 Consumables and field expenses $15.75 Day 2.5 $16.00 Cobb Fendley & Associates Rates valid 7/30/2019 through 7/30/2020 SUE Services EXHIBIT B-1 Page 1 of 1 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit CPage 1 of 1 1 Rev 09/19 EXHIBIT D Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Contracts and Procurement with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2.Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 2 Rev 09/19 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Contracts and Procurement P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of 3 Rev 09/19 coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT “E” Page 1 of 2 SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known)N/A 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name TitleN/A 3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or CommitteeN/A 4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi whoworked 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 ConsultantN/A Cobb, Fendley & Associates, Inc. 505 E. Huntland Drive, Suite 100 Austin 78752 X EXHIBIT “E” Page 2 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a.“Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.” g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Sandra G. Khoury, P.E.Vice President September 13, 2019 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 EXHIBIT F Page 1 of 22 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term’s singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1.Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2.Agreement - The document executed between Owner and Contractor covering the Work. 3.Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4.Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5.Award Date – The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6.Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7.Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8.Bidder - An individual or entity that submits a Bid to Owner. 9.Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10.Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier’s check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11.Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12.Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13.Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a.Requesting an adjustment in Contract Price or Contract Times; EXHIBIT F Page 2 of 22 b.Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c.Challenging a set-off against payment due; or d.Seeking a Modification with respect to the terms of the Contract. 14.City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15.Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16.Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a.The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); b.The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c.The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); d.The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e.The Clean Water Act, 33 U.S.C. §§1251 et seq.; f.The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g.Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17.Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18.Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a.Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b.Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19.Contract Documents - Those items designated as Contract Documents in the Agreement. 20.Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21.Contract Times - The number of days or the dates by which Contractor must: a.Achieve specified Milestones; EXHIBIT F Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor’s Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR’s recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner’s Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. EXHIBIT F Page 4 of 22 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City’s officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner’s Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner’s Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner’s Project Team or OPT - The Owner, Owner’s Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. EXHIBIT F Page 5 of 22 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor’s Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, EXHIBIT F Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to “at no additional cost to Owner,” “at Contractor’s expense,” or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms “day” or “calendar day” mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms “as allowed,” “as approved,” “as ordered,” “as directed,” or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words “furnish,” “install,” “perform,” and “provide” have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. EXHIBIT F Page 7 of 22 3.Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4.Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” o r “provide.” F.Contract Documents are written in modified brief style: 1.Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2.Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3.Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G.Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H.Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I.Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B.Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1.Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. EXHIBIT F Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer’s or OAR’s interpretation by submitting a Change Proposal. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT’s obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer’s findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. EXHIBIT F Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer’s findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. ARTICLE 6 – BONDS AND INSURANCE ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES ARTICLE 8 – OTHER WORK AT THE SITE ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner’s Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. EXHIBIT F Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections, Tests, and Approvals A.OPT’s responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT’s Responsibilities A.The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A.OPT’s responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A.Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. OAR is Owner’s representative. The duties and responsibilities and the limitations of authority of OAR as Owner’s representative are described in the Contract Documents. 10.02 Visits to Site A.Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer’s visits and observations are subject to the limitations on Designer’s authority and responsibility described in Paragraphs 9.09 and 10.07. B.OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s quality assurance program, and administer the Contract as Owner’s representative as described in the Contract Documents. OAR’s visits and observations are subject to the limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07. EXHIBIT F Page 11 of 22 10.03 Resident Project Representatives A.Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives’ authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A.OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A.Designer’s authority related to Shop Drawings and Samples are described in the Contract Documents. B.Designer’s authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C.OAR and Designer’s authority related to Modifications is described in Article 11. D.OAR’s authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B.Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C.OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D.Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor does not agree with the Designer’s decision. 10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities A.OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor’s Team. EXHIBIT F Page 12 of 22 ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 – CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work EXHIBIT F Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e.Submit Change Proposals that comply with Article 15 for Cost of Work. f.Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1.Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2.Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a.Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk. b.No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13 – CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1.After the start of the event giving rise to the Claim; or 2.After a final decision on a Change Proposal has been made. EXHIBIT F Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. EXHIBIT F Page 15 of 22 ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION ARTICLE 19 – PROJECT MANAGEMENT ARTICLE 20 – PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. EXHIBIT F Page 16 of 22 ARTICLE 21 – QUALITY MANAGEMENT ARTICLE 22 – FINAL RESOLUTION OF DISPUTES ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 – DOCUMENT MANAGEMENT ARTICLE 25 – SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor’s Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. EXHIBIT F Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer’s review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor’s markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. EXHIBIT F Page 18 of 22 c.Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d.Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e.Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f.Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g.Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4.Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted” and “Resubmit with corrections made.” These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5.Dimensions or other data that does not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1.A Requested deviation will be rejected as “Not Approved” if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2.A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3.A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. EXHIBIT F Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E.Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F.Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 – RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor’s Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer’s Responsibilities A.Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1.Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2.Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3.Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B.Designer may take the following action in processing Record Data: 1.File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2.Reject the Record Data for one of the following reasons: a.The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop EXHIBIT F Page 20 of 22 Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.” No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b.The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” When Record Data is filed, no further action is required and the Record Data process will be closed. c.The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked “Rejected” and “Cancel -Not Required.” No further action is required and the Record Data process will be closed. C.Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 – EXECUTION AND CLOSEOUT 29.01 Substantial Completion A.Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B.OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C.Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1.Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2.Correct the noted deficiencies in the Work. 3.Notify the Designer when the items of Work in the Designer’s notice have been completed. 4.OPT will revisit the Site and repeat the process. 5.Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6.Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. EXHIBIT F Page 21 of 22 29.02 Final Inspections A.Notify the Designer when: 1.Work has been completed in compliance with the Contract Documents; 2.Equipment and systems have been tested per Contract Documents and are fully operational; 3.Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4.Specified spare parts and special tools have been provided; and 5.Work is complete and ready for final inspection. B.OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C.Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D.Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E.Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 – MISCELLANEOUS END OF SECTION EXHIBIT F Page 22 of 22 Project No.: E10119 1 PM: MB Legistar No.: 20-0007 Rev. 2 – 12/24/19 DATE: December 20, 2019 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a Master Service Agreement (MSA) to HDR Engineering, Inc. for a Comprehensive Feasibility Study to identify future Seawall projects in an amount not to exceed $250,000, effective upon notice to proceed, with funding approved and available from Type A funds. SUMMARY: This item approves a professional engineering contract to perform feasibility studies and prepare budgetary cost estimates for new projects that are eligible for Type A Seawall Sales Tax funds. The projects scopes and budgetary estimates will be an input into the Capital Improvement Program (CIP) planning cycle. The Type A Board and City Council will decide which projects are prioritized for inclusion in the FY 2020-2021 CIP. BACKGROUND AND FINDINGS: In 2009, a feasibility study for seawall projects was completed. Based on the feasibility study report, projects were prioritized and initiated. Since then, new projects have been identified and projects listed on the 2009 feasibility study report are out of date due to change in scope and cost estimates. This contract provides professional engineering services to perform new feasibility studies and prepare budgetary cost estimates for projects that will be eligible for Type A Seawall Sales Tax funds. The Type A Board and City Council will select and prioritize projects to be included into FY 2020-2021 CIP. PROJECT TIMELINE: AGENDA MEMORANDUM First Reading for the City Council Meeting of January 14, 2020 Second Reading for the City Council Meeting of January 21, 2020 Master Services Agreements Comprehensive Feasibility Study for the Seawall Project No.: E10119 2 PM: MB Legistar No.: 20-0007 Rev. 2 – 12/24/19 J F M A M J TO BE DETERMINED Design/Construction 2020 Assessment If approved by City Council in the January 2020 timeframe, a notice to proceed will be issued and the assessments should be completed by June 2020. Plans for future design and construction work will be considered at that time. COMPETITIVE SOLICITATION PROCESS HDR Engineering, Inc. were selected for Comprehensive Feasibility Study for the Seawall under RFQ 2018-10. The Comprehensive Feasibility Study for the Seawall was one of the four projects that were announced under the Group E-Type A Projects. Six firms submitted under the Group E-Type A Projects and HDR Engineering, Inc. was selected for the subject project. The selection committee consisted of two representatives from the Engineering Services and one from Planning & Environmental Services. Firms were ranked based on five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience with multiple Bond street programs and local utilities, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. ALTERNATIVES: If staff recommendation is not approved, the FY 2020-2021 capital improvement planning cycle will not have the benefit of having updated, professionally scoped and estimated projects programmed for the Seawall Sales Tax. This is not recommended because the basis for most current Seawall CIP projects was a feasibility study completed in 2009. FISCAL IMPACT: The contract will provide Comprehensive Feasibility Study for the Seawall in an amount not to exceed $250,000 with work to be performed by HDR Engineering, Inc. Funds for this project are currently available in the Type A Seawall Sales Tax fund. Upon completion of the assessments, future design and construction work will be discussed with the Type A Board for review and Council recommendation. Funding Detail: Fund: Seawall System CIP Fund (Fund 3271) Mission Element: Economic Development (ME #707) Project No.: Comprehensive Feasibility Study for the Seawall (Project #E10119A) Account: Professional Services (Account #530000) Activity: E10119-A-3271-EXP Amount: $250,000 RECOMMENDATION: Staff recommends approval of the MSA for the Comprehensive Feasibility Study for the Seawall in an amount not to exceed $250,000 with HDR Engineering, Inc. LIST OF SUPPORTING DOCUMENTS: Project No.: E10119 3 PM: MB Legistar No.: 20-0007 Rev. 2 – 12/24/19 Ordinance Location Maps Proposal 37 181 Project Number: E10119 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES COMPREHENSIVE FEASIBILITY STUDY - SEAWALL LOCATION MAP NOT TO SCALE PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES COMPREHENSIVE FEASIBILITY STUDY - SEAWALL LOCATION MAP NOT TO SCALE Project Number: E10119N. SHORELINE BLVD.RESACA ST. CORPUS CHRISTI BAY AMERICAN BANK CENTER McGEE BEACH BUFORD ST. PROJECT LOCATION Master Services Agreement Page 1 of 10 SERVICE AGREEMENT NO. 2777 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 20124A - Comprehensive Feasibility Study for the Seawall The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and HDR Engineering, Inc., 555 N. Carancahua, Suite 1600, Corpus Christi, Nueces County, Texas, 78401 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER ..................................................................................... 2 ARTICLE II COMPENSATION ................................................................................................. 3 ARTICLE III QUALITY CONTROL PLAN ................................................................................. 4 ARTICLE IV INSURANCE REQUIREMENTS ........................................................................... 4 ARTICLE V INDEMNIFICATION .............................................................................................. 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 4 ARTICLE VII TERMINATION OF AGREEMENT ....................................................................... 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT ......................................................................... 6 ARTICLE IX OWNER REMEDIES ............................................................................................ 6 ARTICLE X CONSULTANT REMEDIES .................................................................................. 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ............................................................... 7 ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................ 9 EXHIBITS Master Services Agreement Page 2 of 10 ARTICLE I – PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order as shown in Exhibit A shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant’s team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City’s General Conditions for Construction Contracts, an excerpt of which is attached as an exhibit to this Agreement. 1.9 For projects that require subsurface utility investigation: 1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Master Services Agreement Page 3 of 10 ARTICLE II – COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $250,000.00. 2.2 The Consultant’s fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule with their proposal. 2.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit C. Each invoice will include the Consultant’s estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant’s monthly invoices in compliance with the Texas Prompt Payment Act. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual’s time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $250,000.00 Task 1 – TBD TBD Task 2 – TBD TBD Task 3 – TBD TBD Task 4 – TBD TBD Task 5 – TBD TBD Task 6 – TBD TBD 2.7 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.8 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.9 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. Master Services Agreement Page 4 of 10 ARTICLE III – QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) as needed. 3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE IV – INSURANCE REQUIREMENTS 4.1 Consultant must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable attorney’s fees in proportion to the Consultant’s liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant’s activities under this Agreement. ARTICLE VI – TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). Master Services Agreement Page 5 of 10 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 This service shall be for a period of two years beginning on the Effective Date. The Agreement may be renewed for up to _____ one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially completed work as “Draft” and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. Master Services Agreement Page 6 of 10 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII – RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Consultant’s records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 “Consultant’s records” include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City’s judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s records only during City’s regular business hours. Upon reasonable prior notice, Consultant agrees to allow City’s designee access to all of Consultant’s records, Consultant’s facilities and Consultant’s current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX – OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 9.2 The City may assert a claim against the Consultant’s professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. Master Services Agreement Page 7 of 10 9.3 When the City incurs non-value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant’s response. 9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant’s errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X – CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI – CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and Master Services Agreement Page 8 of 10 settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties’ senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator’s fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result from any dispute in this Agreement. 11.4 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY’S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Master Services Agreement Page 9 of 10 ARTICLE XII – MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. Master Services Agreement Page 10 of 10 12.10 Conflict of Interest. Consultant agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary’s Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index 12.11 Boycott Israel. As required by Chapter 2270, Government Code, Consultant hereby verifies that it does not boycott Israel and will not boycott Israel through the term of this Agreement. For purposes of this verification, “boycott Israel” means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. 12.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. 12.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 12.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit B, Scope of Services or in any other document prepared by Consultant and included herein, is in conflict with Articles I - XII of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take precedence and control to resolve said conflict. 12.15 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. CITY OF CORPUS CHRISTI HDR ENGINEERING, INC. ________________________________ ________________________________ Mark Van Vleck (Date) Arthur B. Colwell, P.E. (Date) Assistant City Manager Vice President/Managing Principal 555 N. Carancahua, Suite 1600 Corpus Christi, TX 78401 (361) 696-3300 Office Arthur.colwell@hdrinc.com APPROVED AS TO LEGAL FORM ________________________________ Assistant City Attorney (Date) for City Attorney ATTEST _______________________________ Rebecca Huerta, City Secretary Funding shall be provided per task order. Contract Maximum Amount is $250,000. EXHIBIT A SAMPLE TASK ORDER PAGE 1 OF 1 EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and “Company Name” (Consultant) dated _________________, 2019 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: _______________________________ 1.PROJECT DESCRIPTION 2.SCOPE OF SERVICES 3.COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI __________________________________ Jeff Edmonds, P.E. Date Director of Engineering Services COMPANY NAME, INC. ____________________________________ Authorized Signer Date Title Address City, State, Zip (xxx) xxx-xxxx name@email.com hdrinc.com 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 361-696-3300 Texas P.E. Firm Registration No. 754 Page 1 of 2 November 01, 2019 MCN10197441 November 15, 2019 (Rev 01) Mr. Jeff Edmonds, P.E. Director, Capital Programs City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469-9277 RE: MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES COMPREHENSIVE FEASIBILITY STUDY FOR THE SEAWALL Dear Mr. Edmonds, Thank you for the opportunity to provide professional services to the City of Corpus Christi for the subject project. We understand from conversations with Sarah West, P.E. that the work will be similar in nature to the work HDR performed for the City in 2009. Under that contract, we evaluated a number of seawall related projects by assessing their feasibility, and developing Opinions of Probable Cost. We anticipate there will be a series of stakeholder meetings that HDR will participate in, the purpose of which will be to develop a list of nominated projects. At the conclusion of those meetings, HDR will prepare a scope & fee estimate for the projects and help develop priorities (some projects may drop off during this process). We anticipate this effort will culminate in a report with recommendations that the City can then incorporate into their CIP. The work will be initiated with a Master Services Agreement, and a series of Task Orders that will each be negotiated on a “time and materials” basis; detailed scopes of work will be developed for each Task Order. We understand the total fee for all Task Orders will not exceed $250,000.00. We further understand that all Task Orders will be for feasibility studies only. No Task Orders will be issued for design of improvements or preparation of bidding/construction documents. We have reviewed the City’s Master Services Agreement for Professional Services. A copy of the document is attached herewith with our requested modifications (Attachment A). As requested, we have attached our Schedule of Rates 1-20 (Attachment B). These rates are effective through December 31, 2020. Any work beyond that date will require the City and HDR negotiate a Change Order to the contract. We hope you will find this proposal acceptable. Please call me at 361-696-3335 if you would EXHIBIT B Page 1 of 3 COCC Seawall Feasibility Study MCN 10197441 November 01, 2019 November 15, 2019 (Rev 01) hdrinc.com 555 N. Carancahua, Suite 1600, Corpus Christi, TX 78401 361-696-3300 Texas P.E. Firm Registration No. 754 Page 2 of 2 like to discuss this in more detail. Sincerely, HDR ENGINEERING, INC. D. Brent Moore, P.E. Arthur B. Colwell, P.E. Attachments: A - Master Services Agreement for Professional Services B - Schedule of Rates 1-19 EXHIBIT B Page 2 of 3 HDR Engineering, Inc. 555 N Carancahua Phone (361) 696-3300 Suite 1600 Fax (361) 696-3385 Corpus Christi, TX 78401-0850 www.hdrinc.com No. 1-20 COCC SCHEDULE OF RATES These rates are effective through December 2020 PROFESSIONAL STAFF HOURLY RATE Engineer I…………………………….. $125.00 Engineer II……………………………. $137.00 Engineer III…………………………… $152.00 Engineer IV…………………………… $169.00 Engineer V……………………………. $184.00 Engineer VI…………………………… $205.00 Engineer VII………………………….. $226.00 Engineer VIII…………………………. $247.00 Principal Engineer……………………. $268.00 Sr. Principal Engineer………………… $288.00 Program Director………………...........$306.00 Project Biologist/GIS Specialist………$135.00 Environmental Biologist………………$159.00 Sr. Environmental Biologist…………..$184.00 Environmental Manager………………$209.00 PARA-PROFESSIONAL STAFF HOURLY RATE Administrative Assistant…………............. $92.00 Drafter…………………...…….…………… $95.00 Technician I…………………….………….. $109.00 Technician II………………………………. $121.00 Technician III……………………………… $134.00 Designer Tech IV………………………….. $146.00 EQUIPMENT/IT GPS RTK Survey Equipment………… .... 250.00/Day GPS Hand Held (Sub Meter)………… ..... 135.00/Day Work/Tow Vehicle .......... 65.00/day + IRS rate + 10% Survey Boat .............................................. 750.00/Day GPS Hydrographic Survey Equip .............. 250.00/Day Acoustic Doppler Velocimeter (ADV) ....1,000.00/Wk Water Level Logger………………… ....... 300.00/Wk EXPENSES Automobile (other than rental car) ..... IRS Rate + 10% In house reproduction ...... prevailing commercial rates Outside consultants ................. cost plus 15% handling Outside technical services....... cost plus 15% handling All other expenses .................. cost plus 15% handling 1. Charges are due and payable within thirty (30) days of receipt of the invoice. A charge of 1% per month will be added for late payments. 2. Construction administration staff will be billed at an equivalent grade, depending upon qualifications. 3. Unlisted scientists and other non-engineer professionals will be billed at the rate of a comparable engineer grade. 4. Overtime for para-professional and non-registered survey staff will be billed at 125% of the hourly rate and overtime will apply for hours worked in excess of 8 hours per day or 40 per week. 5. Time spent preparing for and providing depositions or courtroom testimony will be billed at 150% of the hourly rate. EXHIBIT B Page 3 of 3 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit CPage 1 of 1 1 Rev 09/19 EXHIBIT D Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Contracts and Procurement with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2.Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 2 Rev 09/19 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Contracts and Procurement P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of 3 Rev 09/19 coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT “E” Page 1 of 2 SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known)N/A 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name TitleN/A 3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or CommitteeN/A 4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi whoworked 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 ConsultantN/A EXHIBIT “E” Page 2 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a.“Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.” g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Project No.: 18039A 1 PM: IP Legistar No.: 19-1802 Rev. 3 – 12/19/19 DATE: December 16, 2019 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Jim Davis, Director of Asset Management jimd@cctexas.com (361) 826-1909 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a Master Service Agreement (MSA) to Hanson Professional Services for the initial amount not to exceed $150,000 each with two optional renewals and a MSA to LNV Inc for an initial amount not to exceed $150,000 each with two optional renewals to provide professional services for roofing upgrades/replacement and building envelope improvements for Public Safety, Fire, and Public Health Departments, effective upon notice to proceed with current funding available from Bond 2018 Propositions E and F. SUMMARY: These contracts provide two separate MSAs for professional services with Hanson Professional Services and LNV Inc., to issue task orders for roofing upgrades/replacement and building envelope improvements. BACKGROUND AND FINDINGS: The Master Service Agreement (MSA) is a type of contract where work is accomplished by multiple task orders (TOs) under a blanket set of terms & conditions and a fee rate sheet for standard services and equipment. The MSA allows the City to administer TOs for various scopes of work under agreed rates. MSAs are an efficient method to procure and expedite the specified professional services, which reduces overhead and administrative effort. The contracts are limited by the stipulated contract terms. PROJECT TIMELINE: AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2020 Master Services Agreements Roofing Upgrades/Replacement and Building Envelope Improvements Project No.: 18039A 2 PM: IP Legistar No.: 19-1802 Rev. 3 – 12/19/19 2020 J F M A M J J A S O N D Project Design Year 1 COMPETITIVE SOLICITATION PROCESS Hanson Professional Services and LNV Inc., were selected for the Bond 2018 Roofing Upgrades/Replacement and Building Envelope Improvements projects in February 2019 under RFQ 2018-10. Eight firms submitted under the Public Buildings, Parks & Facilities Category and five firms were selected. The selection committee consisted of representatives from Asset Management Department and Engineering Services. Firms were ranked based on five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. ALTERNATIVES: Any alternative to awarding these contracts to Hanson Professional Services and LNV Inc., will delay construction of projects and impede Council goals of completing Bond 2018 facility projects in a timely manner and within budget. FISCAL IMPACT: This item will award two separate MSA contracts for design, bid and construction phase services to Hanson Professional Services and LNV Inc., in all City Council Districts, in the amount of $150,000 per year each, effective upon issuance of Notice to Proceed. Funding is approved and available from Bond 2018, Proposition E & F by issuance of various task orders as required. The projects in Bond 2018, include but not limited to: Proposition E - Public Safety: Police Headquarters Building EMS Central Building Fire Stations 1, 6, 7, 10, 13, 16 Proposition F - Public Health: Health Department And other projects to be determined as need arises and funding allows. FUNDING DETAIL: Fund: Fire 2019 Bond 2018 (Fund 3192) Mission Elem: Fire Prevention Activities (ME 091) Project No.: Fire Headquarters and Emergency Operations Center (Project 18177) Account: Outside Consultants (Account 550950) Activity: 18177-A-3192-EXP Amount: TBD at Task Order level Fund: Fire 2019 Bond 2018 (Fund 3192) Mission Elem: Fire Prevention Activities (ME 091) Project No.: 18039A 3 PM: IP Legistar No.: 19-1802 Rev. 3 – 12/19/19 Project No.: Fire Stations 1, 6, 7, 10, 13, 16 (Project 18180) Account: Outside Consultants (Account 550950) Activity: 18180-A-3192-EXP Amount: TBD at Task Order level Fund: Health Building 2019 Bond 2018 (Fund 3372) Mission Elem: Manage medical Clinics (ME 102) Project No.: Health Department Building (Project 18181) Account: Outside Consultants (Account 550950) Activity: 18181-A-3372-EXP Amount: TBD at Task Order level RECOMMENDATION: Staff recommends approval of two separate MSA contracts with Hanson Professional Services and LNV Inc., in the amount not to exceed $150,000 each for one (1) base year and two (2) one-year renewal options. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Master Services Agreement Hanson Professional Services Master Services Agreement LNV Inc. 37 37 181 77 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITYWIDE MASTER SERVICES AGREEMENT FOR ROOFING IMPROVEMENTS & REPLACEMENT AND BUILDING ENVELOPE IMPROVEMETS LOCATION MAP NOT TO SCALE CITYWIDE PROJECT N Project Number: 18039A N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES CITYWIDE MASTER SERVICES AGREEMENT FOR ROOFING IMPROVEMENTS & REPLACEMENT AND BUILDING ENVELOPE IMPROVEMENTS Project Number: 18039AVICINITY MAP NOT TO SCALE CITYWIDE PROJECT Master Services Agreement Page 1 of 10 SERVICE AGREEMENT NO. 2788 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 18039A – Roof Replacement and Upgrades The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and LNV, Inc., 801 Navigation, Suite 300, Corpus Christi, Nueces County, Texas, 78408 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER ..................................................................................... 2 ARTICLE II COMPENSATION ................................................................................................. 3 ARTICLE III QUALITY CONTROL PLAN ................................................................................. 4 ARTICLE IV INSURANCE REQUIREMENTS ........................................................................... 4 ARTICLE V INDEMNIFICATION .............................................................................................. 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 4 ARTICLE VII TERMINATION OF AGREEMENT ....................................................................... 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT ......................................................................... 6 ARTICLE IX OWNER REMEDIES ............................................................................................ 6 ARTICLE X CONSULTANT REMEDIES .................................................................................. 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ............................................................... 7 ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................ 9 EXHIBITS Master Services Agreement Page 2 of 10 ARTICLE I – PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order as shown in Exhibit A shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant’s team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City’s General Conditions for Construction Contracts, an excerpt of which is attached as an exhibit to this Agreement. 1.9 For projects that require subsurface utility investigation: 1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Master Services Agreement Page 3 of 10 ARTICLE II – COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $150,000.00. 2.2 The Consultant’s fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule with their proposal. 2.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit C. Each invoice will include the Consultant’s estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant’s monthly invoices in compliance with the Texas Prompt Payment Act. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual’s time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $150,000.00 Task 1 – TBD TBD Task 2 – TBD TBD Task 3 – TBD TBD Task 4 – TBD TBD Task 5 – TBD TBD Task 6 – TBD TBD 2.7 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.8 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.9 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. Master Services Agreement Page 4 of 10 ARTICLE III – QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) as needed. 3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE IV – INSURANCE REQUIREMENTS 4.1 Consultant must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable attorney’s fees in proportion to the Consultant’s liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant’s activities under this Agreement. ARTICLE VI – TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). Master Services Agreement Page 5 of 10 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 This service shall be for a period of one year beginning on the Effective Date. The Agreement may be renewed for up to two one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially completed work as “Draft” and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. Master Services Agreement Page 6 of 10 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII – RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Consultant’s records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 “Consultant’s records” include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City’s judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s records only during City’s regular business hours. Upon reasonable prior notice, Consultant agrees to allow City’s designee access to all of Consultant’s records, Consultant’s facilities and Consultant’s current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX – OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 9.2 The City may assert a claim against the Consultant’s professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. Master Services Agreement Page 7 of 10 9.3 When the City incurs non-value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant’s response. 9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant’s errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X – CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI – CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and Master Services Agreement Page 8 of 10 settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties’ senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator’s fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result from any dispute in this Agreement. 11.4 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY’S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Master Services Agreement Page 9 of 10 ARTICLE XII – MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. EXHIBIT A SAMPLE TASK ORDER PAGE 1 OF 1 EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and “Company Name” (Consultant) dated _________________, 2019 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: _______________________________ 1.PROJECT DESCRIPTION 2.SCOPE OF SERVICES 3.COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI ____________________________________ Jeff H. Edmonds, P.E. Date Director of Engineering Services COMPANY NAME, INC. ____________________________________ Authorized Signer Date Title Address City, State, Zip (xxx) xxx-xxxx name@email.com EXHIBIT B Page 1 of 3 801 NAVIGATION | SUITE 300 | CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883.1984 | FAX 361.883.1986 | WWW.LNVINC.COM SCHEDULE OF HOURLY CHARGES BY PERSONNEL CLASSIFICATION EFFECTIVE through DECEMBER, 2020 The per diem and miscellaneous expense charges for Engineering, Architecture, Drafting, Surveying, and Planning Services are based on the following hourly rates: Engineering, Planning: Principal ……………………………………………………………………………………………………………. $265.00/hr. Senior Project Manager III ........................................................................................................................... $240.00/hr. Senior Project Manager II ............................................................................................................................ $230.00/hr. Senior Project Manager I ............................................................................................................................. $225.00/hr. Project Manager III ………………………………………………………………………………………………… $210.00/hr. Project Manager II ………………………………………………………………………………………………… $205.00/hr. Project Manager I ………………………………………………………………………………………………… $200.00/hr. Senior Engineer II ………………………………………………………………………………………………… $200.00/hr. Senior Engineer I ……………………………………………………………………………………………………$195.00/hr. Project Engineer IV ………………………………………………………………………………………………… $190.00/hr. Project Engineer III ………………………………………………………………………………………………… $180.00/hr. Project Engineer II ………………………………………………………………………………………………… $170.00/hr. Project Engineer I ………………………………………………………………………………………………… $160.00/hr. Project Architect III ………………………………………………………………………………………………… $190.00/hr. Project Architect II ………………………………………………………………………………………………… $175.00/hr. Project Architect I ………………………………………………………………………………………………… $160.00/hr. Engineer V ………………………………………………………………………………………………………… $155.00/hr. Engineer IV ………………………………………………………………………………………………………… $145.00/hr. Engineer III .................................................................................................................................................. $135.00/hr. Engineer II …………………………………………………………………………………………………………. $120.00/hr. Engineer I ………………………………………………………………………………………………………….. $110.00/hr. Senior Designer III………………………………………………………………………………………………… . $160.00/hr. Senior Designer II ………………………………………………………………………………………………… . $150.00/hr. Senior Designer I ………………………………………………………………………………………………… .. $140.00/hr. Designer III …………………………………………………………………………………………………………. $125.00/hr. Designer II …………………………………………………………………………………………………………. $120.00/hr. Designer I …………………………………………………………………………………………………………. $110.00/hr. Senior CADD Technician III ........................................................................................................................ $115.00/hr. Senior CADD Technician II .......................................................................................................................... $110.00/hr. Senior CADD Technician I ........................................................................................................................... $105.00/hr. CADD Technician IV ………………………………………………………………………………………………. $100.00/hr. CADD Technician III ………………………………………………………………………………………………. $ 95.00/hr. CADD Technician II ………………………………………………………………………………………………. $ 90.00/hr. CADD Technician I ………………………………………………………………………………………………. $ 85.00/hr. EXHIBIT B Page 2 of 3 801 NAVIGATION | SUITE 300 | CORPUS CHRISTI, TEXAS 78408 OFFICE 361.883.1984 | FAX 361.883.1986 | WWW.LNVINC.COM Professional Geoscientist ............................................................................................................................ $140.00/hr. Safety/ Environmental Technician II …………………………………………………………………………….. $110.00/hr. Safety/ Environmental Technician I …………………………………………………………………………….. $100.00/hr. Construction Observer IV …………………………………………………………………………………………. $145.00/hr. Construction Observer III …………………………………………………………………………………………. $125.00/hr. Construction Observer II …………………………………………………………………………………………. $115.00/hr. Construction Observer I ………………………………………………………………………………………….. $105.00/hr. Clerical III …………………………………………………………………………………………………………… $ 95.00/hr. Clerical II …………………………………………………………………………………………………………… $ 85.00/hr. Clerical I …………………………………………………………………………………………………………… $ 70.00/hr. Survey : Professional Surveyor II ………………………………………………………………………………………….. $210.00/hr. Professional Surveyor I ………………………………………………………………………………………….. $185.00/hr. Field Crew (2-Man) ………………………………………………………………………………………………... $190.00/hr. Reproduction work - Prevailing commercial rates; Mileage - current IRS rate per mile; Per diem – current IRS rate; Subcontractors, Consultants, etc. - Cost plus 10%; All other expenses - Cost plus 10% Charges are due and payable within thirty (30) days after receipt of the invoice. Late payment may be charged an interest rate of 1.5% per month of the unpaid balance. EXHIBIT B Page 3 of 3 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit CPage 1 of 1 1 Rev 09/19 EXHIBIT D Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Contracts and Procurement with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2.Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions 2 Rev 09/19 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Contracts and Procurement P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of 3 Rev 09/19 coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 EXHIBIT F Page 1 of 22 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Terms with initial capital letters, including the term’s singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2. Agreement - The document executed between Owner and Contractor covering the Work. 3. Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4. Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5. Award Date – The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6. Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7. Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8. Bidder - An individual or entity that submits a Bid to Owner. 9. Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10. Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier’s check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11. Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12. Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13. Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a. Requesting an adjustment in Contract Price or Contract Times; EXHIBIT F Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; EXHIBIT F Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor’s Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR’s recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner’s Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. EXHIBIT F Page 4 of 22 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City’s officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner’s Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner’s Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner’s Project Team or OPT - The Owner, Owner’s Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. EXHIBIT F Page 5 of 22 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor’s Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, EXHIBIT F Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to “at no additional cost to Owner,” “at Contractor’s expense,” or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms “day” or “calendar day” mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms “as allowed,” “as approved,” “as ordered,” “as directed,” or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words “furnish,” “install,” “perform,” and “provide” have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. EXHIBIT F Page 7 of 22 3.Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4.Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” o r “provide.” F.Contract Documents are written in modified brief style: 1.Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2.Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3.Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G.Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H.Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I.Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B.Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1.Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. EXHIBIT F Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer’s or OAR’s interpretation by submitting a Change Proposal. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT’s obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer’s findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. EXHIBIT F Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer’s findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. ARTICLE 6 – BONDS AND INSURANCE ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES ARTICLE 8 – OTHER WORK AT THE SITE ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner’s Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. EXHIBIT F Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections, Tests, and Approvals A.OPT’s responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT’s Responsibilities A.The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A.OPT’s responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A.Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. OAR is Owner’s representative. The duties and responsibilities and the limitations of authority of OAR as Owner’s representative are described in the Contract Documents. 10.02 Visits to Site A.Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer’s visits and observations are subject to the limitations on Designer’s authority and responsibility described in Paragraphs 9.09 and 10.07. B.OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s quality assurance program, and administer the Contract as Owner’s representative as described in the Contract Documents. OAR’s visits and observations are subject to the limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07. EXHIBIT F Page 11 of 22 10.03 Resident Project Representatives A.Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives’ authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A.OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A.Designer’s authority related to Shop Drawings and Samples are described in the Contract Documents. B.Designer’s authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C.OAR and Designer’s authority related to Modifications is described in Article 11. D.OAR’s authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B.Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C.OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D.Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor does not agree with the Designer’s decision. 10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities A.OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor’s Team. EXHIBIT F Page 12 of 22 ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 – CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work EXHIBIT F Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13 – CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. EXHIBIT F Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. EXHIBIT F Page 15 of 22 ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION ARTICLE 19 – PROJECT MANAGEMENT ARTICLE 20 – PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. EXHIBIT F Page 16 of 22 ARTICLE 21 – QUALITY MANAGEMENT ARTICLE 22 – FINAL RESOLUTION OF DISPUTES ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 – DOCUMENT MANAGEMENT ARTICLE 25 – SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor’s Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. EXHIBIT F Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer’s review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor’s markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. EXHIBIT F Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted” and “Resubmit with corrections made.” These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as “Not Approved” if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. EXHIBIT F Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E.Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F.Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 – RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor’s Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer’s Responsibilities A.Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1.Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2.Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3.Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B.Designer may take the following action in processing Record Data: 1.File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2.Reject the Record Data for one of the following reasons: a.The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop EXHIBIT F Page 20 of 22 Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.” No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b.The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” When Record Data is filed, no further action is required and the Record Data process will be closed. c.The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked “Rejected” and “Cancel -Not Required.” No further action is required and the Record Data process will be closed. C.Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 – EXECUTION AND CLOSEOUT 29.01 Substantial Completion A.Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B.OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C.Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1.Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2.Correct the noted deficiencies in the Work. 3.Notify the Designer when the items of Work in the Designer’s notice have been completed. 4.OPT will revisit the Site and repeat the process. 5.Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6.Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. EXHIBIT F Page 21 of 22 29.02 Final Inspections A.Notify the Designer when: 1.Work has been completed in compliance with the Contract Documents; 2.Equipment and systems have been tested per Contract Documents and are fully operational; 3.Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4.Specified spare parts and special tools have been provided; and 5.Work is complete and ready for final inspection. B.OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C.Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D.Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E.Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 – MISCELLANEOUS END OF SECTION EXHIBIT F Page 22 of 22 Project No.:E15112 1 MA Legistar No.: 19-1807 Rev. 2– 12/20/2019 AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2020 DATE: November 11, 2019 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Albert Quintanilla, P.E., Director of Street Operations albertq@cctexas.com (361) 826-1957 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing execution of Change Order No. 5 for traffic signal improvements at Brooke Road and additional temporary pavement improvements on the Rodd Field Road Expansion project with Haas-Anderson Construction in the amount of $388,506.74 for a total restated fee of $15,713,945.16, located in Council District 5, effective upon notice to proceed, with funding available from Bond 2014, Proposition 2. SUMMARY: This item approves a construction change order to provide additional funds for traffic signal improvements at Brooke Road and additional temporary pavement during construction of the Rodd Field Road Expansion to keep lanes open during underground utility construction and to provide better access to neighborhoods. BACKGROUND AND FINDINGS: On September 11, 2018, City Council approved the construction contract for the Rodd Field Road Expansion project. During late phase of design, it was determined that the Brooke Road intersection warrants a traffic signal. To prevent delays, the project was bid with an Additive Alternate for the proposed signal addition with an estimated allowance of $250,000.00. Detailed design documents were provided after award. Based on the design documents and existing bid items pricing, the allowance provided in the original bid documents is not sufficient to complete the required signal improvements. Also, the traffic control plan has required placement of additional temporary pavement to keep lanes open during underground utility construction and to provide better access to neighborhoods. The quantities provided in the original bid documents have been expended. Construction Change Order Rodd Field Road Expansion Project No.:E15112 2 MA Legistar No.: 19-1807 Rev. 2– 12/20/2019 This change order provides additional funds to complete the signalization scope of work at the Brooke Road intersection and additional temporary pavement to provide public access and convenience during construction. The change order provides no additional contract days. The change order of $388,506.74 represents a cumulative change order total of 3.14% of the original contract amount. PROJECT TIMELINE: J F M A M J J A S O N D J F M A M J J A S O N D J F '21 PROJECT REMAINING CONSTRUCTION 2019 2020 Projected schedule reflects City Council award of the Change Order in January 2019, the anticipated completion in of the project is scheduled for February 2021. ALTERNATIVES: The recommendation is to award the construction change order to the contractor, Haas-Anderson Construction for the traffic signal improvements and additional temporary pavement. An alternative is to reject the proposed change order and remove the traffic signal improvements from the Contractors scope of work and eliminate the additional temporary pavement. This would prevent installation of the signal during the current construction. The signal would help with traffic management during construction. Additionally, reducing the amount of temporary pavement will cause greater traffic impacts during the remainder of the construction. FISCAL IMPACT: This item proposes to award Construction Change Order #5 to Haas-Anderson Construction in the amount of $388,506.74 for traffic signal improvements at Brooke Road and additional temporary pavement. Project funds are available in Bond 2014, Proposition 2 and the project is located in Council District 5. Funding Detail: Funding details include: Fund: Street 2015 General Obligation Bond 14 (Fund 3551) Mission Element: Street Pavement Maintenance (ME 051) Project: Rodd Field Road Expansion (Project E15112) Account: Construction (550910) Activity: E15112-01-3551-EXP Amount: $388,506.74 RECOMMENDATION: Project No.:E15112 3 MA Legistar No.: 19-1807 Rev. 2– 12/20/2019 Staff recommends approval of the construction change order for traffic signal improvements at Brooke Road and additional temporary pavement for the Rodd Field Road Expansion project to Haas-Anderson Construction in the amount of $388,506.74. LIST OF SUPPORTING DOCUMENTS Location & Vicinity Maps Change Order 37 181 N CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Rodd Field Road Expansion (Saratoga Boulevard to Yorktown Boulevard) LOCATION MAP NOT TO SCALE Project Number: E15112 PROJECT LOCATION N CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Rodd Field Road Expansion (Saratoga Boulevard to Yorktown Boulevard) VICINITY MAP NOT TO SCALE Project Number: E15112AIRLINE RDY O R K T O W N B L V D SA R A T O G A B L V D SL O U G H R D BAY DR CHANGE ORDER NO:5 CHANGE ORDER DATE: PROJECT:Rodd Field Road - Yorktown Blvd. to Saratoga Blvd. (Bond 2014)PROJECT NUMBER: CONTRACTOR:Haas-Anderson Construction, Ltd ORIGINAL CONTRACT TIME:810 CD's ENGINEER:LJA Engineering ADDITIONS Quantity Unit Unit Price Title/RFI/Description of work 1 Traffic Signal 1J1 DRILL SHAFT (TRF SIGN. POLE) (24 IN)24 LF $ 236.00 2 Traffic Signal 1J2 DRILL SHAFT (TRF SIGN. POLE) (48 IN)44 LF $ 706.00 3 Traffic Signal 1J3 TRAFFIC SIGNAL CONTROLLER UNIT 1 EA $ 5,260.00 4 Traffic Signal 1J4 TRAFFIC SIGNAL CABINET AND ASSEMBLIES 1 EA $ 16,800.00 5 Traffic Signal 1J5 CONDT (PVC) (SCHD 40) (2")165 LF $ 8.40 6 Traffic Signal 1J6 CONDT (PVC) (SCHD 40) (4")285 LF $ 19.00 7 Traffic Signal 1J7 CONDT (PVC) (SCHD 40) (2") (BORE)420 LF $ 22.00 8 Traffic Signal 1J8 CONDT (PVC) (SCHD 40) (4") (BORE)840 LF $ 32.00 9 Traffic Signal 1J9 ELEC. CONDR. (NO.6) BARE 15 LF $ 1.50 10 Traffic Signal 1J10 ELEC . CONDR. (NO.6) INSULATED 30 LF $ 1.60 11 Traffic Signal 1J11 ELEC. CONDR. (NO.8) BARE 1695 LF $ 1.25 12 Traffic Signal 1J12 ELEC. CONDR. (NO. 8) INSULATED 540 LF $ 1.25 13 Traffic Signal 1J13 TRAY CABLE (3 CONDR.) (12 AWG)2010 LF $ 2.35 14 Traffic Signal 1J14 GROUND BOX TY D WITH APRON 6 EA $ 1,160.00 15 Traffic Signal 1J15 ELEC. SRV. TY T 120/240 000 (NS)SS(E)PS(U)1 EA $ 8,270.00 16 Traffic Signal 1J16 ILSN (LED) 8S 4 EA $ 4,950.00 17 Traffic Signal 1J17 NEMA TYPE CONTROLLER FOUNDATION 1 EA $ 2,630.00 18 Traffic Signal 1J18 INSTALL HWY TRF SIG (ISOLATED)1 EA $ 21,100.00 19 Traffic Signal 1J19 LED LUMINARE 2 EA $ 526.00 20 Traffic Signal 1J20 LEFT TURN YIELD ON FLASHING YELLOW ARROW (R10-17T)(3 4 EA $ 474.00 21 Traffic Signal 1J26 INSTALL 12 INCH VEHICLE SIGNAL SECTION WITH SLOTTE 8 EA $ 132.00 22 Traffic Signal 1J27 INSTALL 12 INCH VEHICLE SIGNAL SECTION WITH SLOTTE 4 EA $ 147.00 23 Traffic Signal 1J28 INSTALL PEDESTRIAN SIGNAL SECTION (16 INCH)8 EA $ 621.00 24 Traffic Signal 1J29 LED COUNTDOWN PEDESTRIAN SIGNAL MODULE (16 INCH)8 EA $ 621.00 25 Traffic Signal 1J30 TRF SIG CBL (TY A) (14 AWG) (4 CONDR.)285 LF $ 1.60 26 Traffic Signal 1J31 TRF SIG CBL (TY A) (14 AWG) (5 CONDR.)300 LF $ 1.90 27 Traffic Signal 1J32 TRF SIG CBL (TY A) (14 AWG) (7 CONDR.)285 LF $ 2.00 28 Traffic Signal 1J33 TRF SIG CBL (TY A) (14 AWG) (16 CONDR.)705 LF $ 3.70 29 Traffic Signal 1J35 INS TRS SIG PL AM (S) 1 ARM (65')1 EA $ 26,000.00 30 Traffic Signal 1J37 PED POLE ASSEMBLY 4 EA $ 948.00 31 Traffic Signal 1J38 PED DETECT PUSH BUTTON (APS) 8 EA $ 842.00 32 Traffic Signal 1J39 PED DETECTOR CONTROLLER UNIT 1 EA $ 4,420.00 33 Traffic Signal 1J40 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12 IN) LE 8 EA $ 263.00 34 Traffic Signal 1J41 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12 IN) LE 4 EA $ 263.00 35 Traffic Signal 1J42 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12 IN) LE 8 EA $ 263.00 36 Traffic Signal 1J43 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12 IN) LE 8 EA $ 263.00 37 Traffic Signal 1J44 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12 IN) LE 8 EA $ 263.00 38 Traffic Signal 1J45 LED TRAFFIC SIGNAL MODULE - VEH SIG SEC (12 IN) LE 4 EA $ 263.00 39 Traffic Signal 1J46 BATTERY BACK-UP SYSTEM FOR SIGNAL CABINETS 1 EA $ 8,420.00 40 Traffic Signal 1J47 RADAR PRESENCE DETECTOR (WAVETRONIX)4 EA $ 7,270.00 41 Traffic Signal 1J48 RADAR DETECTOR COMM & POWER CABLE (CAT 5-E 4C TWIS 1980 LF $ 3.15 42 Traffic Signal 1J49 RADAR ADVANCE DETECTION DEVICE (WAVETRONIX)4 EA $ 7,370.00 43 Traffic Signal 1J50 PAN-TILT-ZOOM CCTV CAMERA (IN PLACE) (COHU)1 EA $ 5,690.00 44 Traffic Signal 1J51 CCTV CAMERA #18 2C CABLE POWER 105 LF $ 1.05 45 Traffic Signal 1J52 CCTV CAMERA COAXIAL CABLE COMMUNICATION 105 LF $ 1.05 46 Genereal 1A9 TEMPORARY PAVEMENT FOR TRAFFIC CONTROL 7000 SY $ 26.00 47 Street 1B35 FULL DEPTH PAVEMENT REPAIR 224 SY $ 66.00 48 General NEW MESSAGE BOARDS FOR TRAFFIC CONTROL 1 EA $ 20,743.00 49 Traffic Signal NEW DRILL SHAFT (TRF SIGN. POLE) (36 IN)30 LF $ 903.00 50 Traffic Signal NEW WIND DAMPENER 2 EA $ 1,995.00 51 Traffic Signal NEW INS TRF SIG PL AM (S) 1 ARM (40')1 EA $ 15,705.59 52 Traffic Signal NEW INS TRF SIG PL AM (S) 1 ARM (40') LUM & IL 1 EA $ 18,879.10 52 Traffic Signal NEW INS TRF SIG PL AM (S) 1 ARM (60') LUM & IL 1 EA $ 37,930.30 Additions Total: DELETIONS 1 Additive 1L1 ALLOWANCE FOR BROOKE ROAD TRAFFIC SIGNAL IMPROV.-1 LS ($250,000.00) Deletions Total: Additional Calendar Days requested 0 NET TOTAL OF THIS CHANGE ORDER: When the project was a bid, a signal was proposed for this intersection but plans were not finalized. This change includes all requirements for a new signal at this location. Original Contract Amount Total Change Order Contingency Amount (25%) Remaining Available Contingency Amount (including this CO) Previously Approved Change Order Amount Proposed Change Order Amount Revised Contract Amount Percent of Total Change Orders (including this CO) Original Contract Time for Substantial Completion CD's Notice to Proceed Date Original Substantial Completion Date Previously Approved Change Order Time CD's Additional Time on This Change Order CD's Revised Contract Time for Substantial Completion CD's Revised Substantial Completion Date $ 18,879.10 $ 37,930.30 $ 14,784.00 $ 20,743.00 $ 27,090.00 $ 3,990.00 $ 15,705.59 $ 29,480.00 $ 5,690.00 $ 110.25 $ 110.25 $ 182,000.00 $ 2,104.00 $ 6,237.00 $ 2,104.00 $ 1,052.00 $ 8,420.00 $ 29,080.00 $ 6,736.00 $ 4,420.00 $ 2,104.00 $ 1,052.00 $ 2,104.00 $ 570.00 $ 570.00 $ 2,608.50 $ 26,000.00 $ 3,792.00 $ 1,056.00 $ 588.00 $ 4,968.00 $ 4,968.00 $ 456.00 Make the following additions, modifications or deletions to the work described in the Contract Documents: $ 388,506.74 CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER 9/25/2019 E15112 $ 638,506.74 Total $ 5,664.00 $ 31,064.00 $ 5,260.00 $ 16,800.00 $ 1,386.00 $ 5,415.00 $ 9,240.00 $ 26,880.00 $ 22.50 $ 48.00 $ 250,000.00 $ 250,000.00 $ 2,118.75 $ 675.00 $ 4,723.50 $ 6,960.00 $ 8,270.00 $ 19,800.00 $ 2,630.00 $ 21,100.00 $ 1,052.00 $ 1,896.00 1/21/2019 Why was this Change necessary: The compensation agreed upon in this Change Order is full, complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown, foreseen or unforseen at this time, including without limitation, any cost for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of this Change Order. $ 15,236,240.05 $ 3,809,060.01 $ 3,331,354.90 $ 89,198.37 $ 388,506.74 $ 15,713,945.16 3.14% 810 4/10/2021 0 0 810 4/10/2021 Page 1 of 2 CHANGE ORDER NO:5 CHANGE ORDER DATE: PROJECT:Rodd Field Road - Yorktown Blvd. to Saratoga Blvd. (Bond 2014)PROJECT NUMBER: CONTRACTOR:Haas-Anderson Construction, Ltd ORIGINAL CONTRACT TIME:810 CD's ENGINEER:LJA Engineering CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER 9/25/2019 E15112 REVIEWED BY:LJA Engineering REQUESTED BY:Haas-Anderson Construction, Ltd Engineer Date name Date title FUND:RECOMMENDED BY:ACCOUNT:Brett Van Hazel Date ACTIVITY:Construction Engineer AMOUNT: RECOMMENDED BY:APPROVED BY: Jeff H. Edmonds Date Mark Van Vleck, P.E.Date Director of Engineering Services Assistant City Manager RECOMMENDED BY: Eddie Houlihan, Director Date Kent Mcilyar Date Management and Budget Assistant City Attorney APPROVED AS TO FORM: CITY OF CORPUS CHRISTI n/a xxxx-xxx xxxx-xxxxxxxxxxxxxxxxxxxxx-xx-xxxx-xxx xxxxxx-xx-xxxx-xxx$0.00 $0.00 Page 2 of 2 Project: 18008A PM: LF Legistar No. 19-1800 Rev 3 – 12/16/19 AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2020 DATE: December 16, 2019 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Albert Quintanilla, P. E., Director of Street Operations albertq@cctexas.com (361) 826-1957 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a contract to Freese & Nichols, Inc., for design of roadway and utility improvements on Brawner Parkway from Kostoryz Road to Carroll Lane in the amount of $462,530, located in Council District 2, effective upon notice to proceed, with funding approved and available in Bond 2018 Street Proposition A and FY 2020 Utility Capital Program funds. SUMMARY: This contract provides for design, bid, and construction phase services for the reconstruction of Brawner Parkway from Kostoryz Road to Carroll Lane including underground utility improvements with new sidewalk, ADA ramps, curb & gutter, and street lighting. BACKGROUND AND FINDINGS: Brawner Parkway from Kostoryz Road to Carroll Lane is an existing divided 4-lane asphalt roadway experiencing continuous pavement distress and failures with curb & gutter, sidewalks and driveways in poor condition. The boulevard section is separated by a large drainage ditch with 2 lanes on each side. Existing underground utilities are nearing the end of their economic life and require improvements. This contract provides for design and construction plan preparation for reconstructing the existing roadway with new pavement, curb & gutter, sidewalks, ADA ramps, signage, and pavement markings. Utility improvements include upgrades to water, wastewater, storm water, and gas systems. Professional Services Contract Brawner Parkway (Kostoryz Road to Carroll Lane) (Bond 2018 Proposition 1 & 2) Project: 18008A PM: LF Legistar No. 19-1800 Rev 3 – 12/16/19 PROJECT TIMELINE: If approved today, this contract will begin upon a Notice to Proceed issued in January 2020 with design completion scheduled for October 2020. Bid and Award phase anticipated in February 2021. Construction is then anticipated to begin in March 2021 with completion in August 2022. COMPETITIVE SOLICITATION PROCESS Freese & Nichols, Inc., was selected for the Bond 2018 Brawner Parkway project in February 2019 under RFQ 2018-10. Brawner Parkway was one of thirty-two selections that were announced under the Transportation Category of the RFQ. Fifteen firms submitted under the Transportation Category and thirteen firms were selected. Freese & Nichols, Inc., was one of the highest ranked firms in the Transportation Category and the Brawner Parkway project was their highest stated preference. The selection committee consisted of two representatives from the Street Department and two representatives from Engineering Services. Firms were ranked based on five factors: 1) experience of the firm, 2) experience of the key personnel with specific experience with multiple Bond street programs and local utilities, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. ALTERNATIVES: Any alternative to awarding this contract to Freese & Nichols, Inc., will delay construction of the project and impede Council goals of completing Bond 2018 street projects in a timely manner and within budget. FISCAL IMPACT: The project is a Bond 2018, Proposition A project approved by city voters in November 2018. This item will award a contract for design, bid and construction phase services to Freese & Nichols, Inc., for roadway and utility improvements on Brawner Parkway from Kostoryz Road to Carroll Lane, located in City Council District 2, in the amount of $462,530, effective upon issuance of notice to proceed. Funding is approved and available from Bond 2018 Street Proposition A and Utility Capital Program funds. Street funding required for this contract is in the amount of $149,833. The water, wastewater, storm water and gas utilities total $312,697 for a contract value of $462,530. Funding Detail: Fund: Street Bond 2019 Bond 18 Proposition A (Fund 3556) Mission Elem: Street Pavement Maintenance (ME 051) J F M A M J J A S O N D J F M A M J J A S O N D J F M A M J J A 20212020 Design Bid 2022 Construction Project: 18008A PM: LF Legistar No. 19-1800 Rev 3 – 12/16/19 Project No.: Brawner Parkway - Kostoryz Road to Carroll Lane (#18008A) Account: Outside Consultants (Account #550950) Activity: 18008-A-3556-EXP Amount: $149,832.97 Fund: Storm Water Capital Reserve (Fund 3497) Mission Elem: Drainage Infrastructure (ME 043) Project No.: Brawner Parkway - Kostoryz Road to Carroll Lane (#18008A) Account: Outside Consultants (Account #550950) Activity: 18008-A-3497-EXP Amount: $121,162.27 Fund: Wastewater Capital Reserve (Fund 4255) Mission Elem: Wastewater Collection System (ME 042) Project No.: Brawner Parkway - Kostoryz Road to Carroll Lane (#18008A) Account: Outside Consultants (Account #550950) Activity: 18008-A-4255-EXP Amount: $69,610.75 Fund: Water 2019 Capital Reserve (Fund 4098) Mission Elem: Distribute Water (ME 041) Project No.: Brawner Parkway - Kostoryz Road to Carroll Lane (#18008A) Account: Outside Consultants (Account #550950) Activity: 18008-A-4098-EXP Amount: $73,791.29 Fund: Gas 2015 Capital Reserve (Fund 4559) Mission Elem: Gas Distribution System (ME 022) Project No.: Brawner Parkway - Kostoryz Road to Carroll Lane (#18008A) Account: Outside Consultants (Account #550950) Activity: 18008-A-4559-EXP Amount: $48,132.72 RECOMMENDATION: Staff recommends award of the contract to Freese & Nichols, Inc., in the amount of $462,530. The design phase will start in December 2019 with completion planned in August 2020. Construction is planned to start in early 2021 with completion in summer 2022. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Contract 37 37 181 77 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Brawner Parkway (Kostoryz Road to Carroll Lane) Project Number: 18008ALOCATION MAP NOT TO SCALE Brawner Parkway - Kostoryz Road to Carroll Lane N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Brawner Parkway (Kostoryz Road to Carroll Lane) Project Number: 18008AVICINITY MAP NOT TO SCALE B r a w n e r P a r k w a yKostoryz RoadCarroll Lane Contract for Professional Services Page 1 of 12 SERVICE AGREEMENT NO. 2676 CONTRACT FOR PROFESSIONAL SERVICES 18008A Brawner Parkway from Carroll Lane to Kostoryz Road (Bond 2018) The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and Freese and Nichols, 800 N. Shoreline Boulevard, Suite 1600N, Corpus Christi, Nueces County, Texas 78401 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I SCOPE OF SERVICES ...................................................................2 ARTICLE II QUALITY CONTROL .......................................................................3 ARTICLE III COMPENSATION ............................................................................3 ARTICLE IV TIME AND PERIOD OF SERVICE ..................................................4 ARTICLE V OPINIONS OF COST ......................................................................5 ARTICLE VI INSURANCE REQUIREMENTS ......................................................5 ARTICLE VII INDEMNIFICATION .........................................................................5 ARTICLE VIII TERMINATION OF AGREEMENT ..................................................6 ARTICLE IX RIGHT OF REVIEW AND AUDIT ....................................................7 ARTICLE X OWNER REMEDIES .......................................................................7 ARTICLE XI CONSULTANT REMEDIES .............................................................8 ARTICLE XII CLAIMS AND DISPUTE RESOLUTION ..........................................8 ARTICLE XIII MISCELLANEOUS PROVISIONS .................................................10 EXHIBITS Contract for Professional Services Page 2 of 12 ARTICLE I – SCOPE OF SERVICES 1.1 City and Consultant agree that the services provided are properly described in the Scope of Services, which is incorporated herein and attached to this Agreement as Exhibit A. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreemen t, and any and all Services that would normally be required by law or common due diligence in accordance with the standard of care defined in Article XIII of this Agreement. The approved Scope of Services defines the services to be performed by Consultant under this Agreement. 1.2 Consultant shall follow City Codes and Standards effective at the time of the execution of the contract. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Scope of Services attached as Exhibit A. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.3 Consultant shall provide labor, equipment and transportation necessary to complete all services agreed to hereunder in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or sub consultants of Consultant. Upon request, Consultant must provide City with a list of all subconsultants that includes the services performed by subconsultant and the % of work performed by subconsultant (in dollars). Changes in Consultant’s proposed team as specified in the SOQ or Scope of Services must be agreed to by the City in writing. 1.4 Consultant shall not begin work on any phase/task authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. If the scope of the Project changes, either Consultant or City may request a review of the changes with an appropriate adjustment in compensation. 1.5 Consultant will provide monthly status updates (project progress or delays ) in the format requested by the City with each monthly invoice. 1.6 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in City’s General Conditions for Construction Contracts, excerpt attached as Exhibit D. 1.6.1 The Consultant agrees to serve as the City’s Designer as defined in the General Conditions and will consult and advise the City on matters related to the Consultant’s Scope of Services during the performance of the Consultant’s services. 1.6.2 The Consultant agrees to prepare plans, specification, bid and contract documents and to analyze bids and evaluate the documents submitted by bidders. 1.6.3 The Consultant agrees to assist the City in evaluating the qualifications of the prospective contractors, subcontractors and suppliers. 1.7 For projects that require subsurface utility investigation: 1.7.1 The Consultant agrees to prepare and submit to the City prior to the 60% submittal a signed and sealed report identifying all utilities within the project area at the Quality Level specified in Exhibits A. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless s tated otherwise. 1.7.2 Utilities that should be identified include but are not limited to utilities owned by the City, local franchises, electric companies, communication companies, private pipeline companies and 3 rd party owners/operators. Contract for Professional Services Page 3 of 12 1.8 For project with potential utility conflicts: 1.8.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.8.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. 1.9 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. ARTICLE II – QUALITY CONTROL 2.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 2.2 The Consultant will perform QCP Reviews at intervals during the Project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the Project scope. Ba sed on the findings of the QCP Review, the Consultant must reconcile the Project Scope and the Opinion of Probable Cost (OPC), as needed. 2.3 Final construction documents that do not meet City standards in effect at the time of the execution of this Agreement may be rejected. If final construction documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE III – COMPENSATION 3.1 The Compensation for all services (Basic and Additional) included in this Agreement and in the Scope of Services for this Agreement shall not exceed $457,077.55. 3.2 The Consultant’s fee will be on a lump sum or time and materials (T&M) basis as detailed in Exhibit A and will be full and total compensation for all services and for all expenses incurred in performing these services. Consultant shall submit a Rate Schedule with their proposal. 3.3 The Consultant agrees to complete the Scope of Services in accordance with the approved project schedule and budget as defined in Exhibit A, including completing the work in phases defined therein. 3.4 The Director of Engineering Services may request the Consultant to undertake additional services or tasks provided that no increase in fee is required. Services or ta sks requiring an increase of fee will be mutually agreed and evidenced in writing as an amendment to this contract. Consultant shall notify the City within three (3) days of notice if tasks requested requires an additional fee. 3.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit B. Each invoice will include the Consultant’s estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work . City will make prompt monthly payments in response to Consultant’s monthly invoices in compliance with the Texas Prompt Payment Act. 3.6 Principals may only bill at the agreed hourly rate for Principals (as defined in the Rate Schedule) when acting in that capacity. Principals acting in the capacity of staff must bill at applicable staff rates. 3.7 Consultant certifies that title to all services covered by a Payment Request shall pass to City no later than the time of payment. Consultant further certifies that, upon submittal of a Payment Request, all services for which Payment Requests have been previously issued and payments received from City shall, to the best of Consultant’s knowledge, information and belief, be free and clear of liens, claims, securi ty interests or encumbrances in favor of Contract for Professional Services Page 4 of 12 Consultant or other persons or entities making a claim by reason of having provided labor or services relating to this Agreement. CONSULTANT SHALL INDEMNIFY AND HOLD CITY HARMLESS FROM ANY LIENS, CLAIMS, SECURITY INTERESTS OR ENCUMBRANCES FILED BY ANYONE CLAIMING BY, THROUGH OR UNDER THE ITEMS COVERED BY PAYMENTS MADE BY CITY TO CONSULTANT. 3.8 The final payment due hereunder shall not be paid until all reports, data and documents have been submitted, received, accepted and a pproved by City. Final billing shall indicate “Final Bill – no additional compensation is due to Consultant.” 3.9 City may withhold compensation to such extent as may be necessary, in City’s opinion, to protect City from damage or loss for which Consultant is responsible, because of: 3.9.1 delays in the performance of Consultant’s work; 3.9.2 failure of Consultant to make payments to subconsultants or vendors for labor, materials or equipment; 3.9.3 damage to City; or 3.9.4 persistent failure by Consultant to carry out the performance of its services in accordance with this Agreement. 3.10 When the above reasons for withholding are removed or remedied by Consultant, compensation of the amount withheld shall be made within 30 days. City shall not be deemed in default by reason of withholding compensation as provided under this Agreement. 3.11 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any phase or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures as required by the terms of this Agreement, any such claim shall be waived. 3.12 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 3.13 All funding obligations of the City under this Agreement are subject to the appropriation of funds in its annual budget. The City may direct the Consultant to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve t he City of its obligation to make payments in accordance with section 3.5 above for services provided up to the date of suspension. ARTICLE IV – TIME AND PERIOD OF SERVICE 4.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 4.2 This service shall be for a period of ____ years beginning on the Effective Date. The Agreement may be renewed for up to _____ one -year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration date of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes. 4.3 The Consultant agrees to begin work on those authorized Services for this contract upon receipt of the Notice to Proceed from the Contracts and Procurement Department. Work will not begin on any phase or any Additional Services until requested in writing by the Consultant and written authorization is provided by the Director of Engineering Services. Contract for Professional Services Page 5 of 12 4.4 Time is of the essence for this Agreement. Consultant shall perform and complete its obligations under this Agreement in a prompt and continuous manner so as to not delay the W ork for the Project, in accordance with the schedules approved by City. The Consultant and City are aware that many factor s may affect the Consultant’s ability to complete the services to be provided under this agreement. The Consultant must notify the City within ten business days of becoming aware of a factor that may affect the Consultant’s ability to complete the service s hereunder. 4.5 City shall perform its obligations of review and approval in a prompt and continuous manner so as to not delay the project. 4.6 This Agreement shall remain in force for a period which may reasonably be required for completion of the Project, including any extra work and any required extensions thereto, unless terminated as provided for in this Agreement. For construction design services, “completion of the Project” refers to acceptance by the City of the construction phase of the Project, i.e., Final Completion. ARTICLE V – OPINIONS OF COST 5.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for construction of the Project. 5.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility of the City. 5.3 Since Consultant has no control over a construction contractor’s cost of labor, materials or equipment, or over the contractor’s methods of determining prices, or over competitive bidding or market conditions, Consultant’s opinions of probable Project Cost or Construction Cost provided herein are to be made on the basis of Consultant’s experience and qualifications and represent Consultant’s best judgment as a design professional fa miliar with the construction industry, but Consultant cannot and does not guarantee proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant. ARTICLE VI – INSURANCE REQUIREMENTS 6.1 Consultant must not commence work under this Agreement until all insurance required has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontr actor has been obtained. 6.2 Insurance Requirements are shown in EXHIBIT C. ARTICLE VII – INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Contract for Professional Services Page 6 of 12 Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based w holly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable attorney’s fees in proportion to the Consultant’s liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant’s activities under this Agreement. ARTICLE VIII – TERMINATION OF AGREEMENT 8.1 By Consultant: 8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspen sion extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 8.2 By City: 8.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 8.3 Termination Procedure 8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 8.3.2 Consultant shall submit all completed and/or partially completed w ork under this Agreement, including but not limited to specifications, designs, plans and exhibits . 8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services actually completed at the time of termination. There will be no compensation for anticipated profits on service s not completed. Contract for Professional Services Page 7 of 12 8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE IX – RIGHT OF REVIEW AND AUDIT 9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Consultant’s records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agre ement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 9.2 Consultant’s records include any and all information, materials and data of every kind and character generated as a result of and relevant to the Work under this Agreement (Consultant’s Records). Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, and any and all other agreements, sources of information and matters that may, in City’s and Consultant’s reasonable judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s Records only during Consultant’s regular business hours. Consultant agrees to allow City’s designee access to all of Consultant’s Records, Consultant’s facilities and Consultant’s current employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspectio ns or examinations. 9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE X – OWNER REMEDIES 10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 10.1.3 Losses are incurred because of errors and /or omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been errors and /or omissions in the documents. 10.2 When the City incurs non-value added work costs for change orders due to design errors and/or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant’s response. Contract for Professional Services Page 8 of 12 10.3 The Consultant may be required to revise bid documents and re -advertise the Project at the Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant’s errors or omissions. 10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article III. ARTICLE XI – CONSULTANT REMEDIES 11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 11.2 The City agrees that the Consultant is not responsible for damages a rising from any cause beyond Consultant’s reasonable control. 11.3 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION 12.1 Filing of Claims 12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty-one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person auth orized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 12.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 12.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Mediation. 12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement, and City shall continue to make payments in accordance with this Agreement. 12.2 Mediation 12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. Contract for Professional Services Page 9 of 12 12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties’ senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 12.2.2.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 12.2.2.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 12.2.2.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 12.2.2.4 The parties shall share the mediator’s fee. Venue for mediation shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 12.3 In calculating the amount of any Claim or any measure of damages for breach of contract, the following standards shall apply both to claims by Consultant and to claims by City: 12.3.1 In no event shall either Party be liable, whether in contract or tort or otherwise, to the other Party for loss of profits, delay damages or for any special incidental or consequential loss or damage of any nature arising at any time or from any cause whatsoever; 12.3.2 Damages are limited to extra costs specifically shown to have been directly caused by a pro ven wrong for which the other Party is claimed to be responsible . 12.4 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result from any dispute between the parties to this Agreement. 12.5 In case of litigation between the parties, Consultant and City agree that they h ave knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 12.6 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY’S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Contract for Professional Services Page 10 of 12 ARTICLE XIII – MISCELLANEOUS PROVISIONS 13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement contract to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by t he Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse by the City, without specific written verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposur e to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a licensed professional prior to re-use of modified plans. 13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent licensed professionals practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but t he City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 13.6 Entire Agreement. This Agreement represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 13.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form. 13.9 Certificate of Interested Parties. For contracts greater than $50,000, Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part o f this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm . The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. Contract for Professional Services Page 11 of 12 13.10 Conflict of Interest. Consultant agrees, in compliance with Chapter 176 of the Texas Local Government Code, to complete and file Form CIQ with the City Secretary’s Office. For more information and to determine if you need to file a Form CIQ, please review the information on the City Se cretary’s website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. 13.11 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. 13.12 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas. Cases must be filed and tried in Nueces County and cannot be removed from Nueces County. 13.13 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held invalid or unenforceable, such invalidity or unenforc eability shall not affect, impair or invalidate the remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance, shall not affect or prejudice in any way the validity of this Agreement in any other instance. 13.14 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in the Consultant-prepared Exhibit A, Consultant’s Scope of Services, or contained in any other document prepared by Consultant and included herein, is in conflict with Articles I-XIII of this Agreement (Articles), the Articles shall take precedence and control to resolve said conflict. CITY OF CORPUS CHRISTI FREESE AND NICHOLS ____________________________________ _____________________________________ Mark Van Vleck Date Ron Guzman, P. E. Date Assistant City Manager Vice President/Principal 800 N. Shoreline Boulevard, Suite 1600N Corpus Christi, TX 78401 APPROVED AS TO LEGAL FORM (361) 561-6500 Office rg@freese.com ____________________________________ Assistant City Attorney Date ATTEST ____________________________________ City Secretary Date 12/13/2019 Contract for Professional Services Page 12 of 12 Brawner Parkway from Carroll Lane to Kostoryz Road (Bond 2018) Project No. 18008A Service Agreement No. 2676 Freese and Nichols Fund Name Accounting Unit Account No. Activity No. Amount Street 2019 Bond 2018 P1 3556-051 550950 18008-A-3556-EXP $148,742.48 Storm Water 2013 RBBD 3497-043 550950 18008-A-3497-EXP 120,071.78 Wastewater 2015 Bond 4255-042 550950 18008-A-4255-EXP 68,520.26 Water 2019 CIP 4098-041 550950 18008-A-4098-EXP 72,700.80 Gas 2015 CIP 4559-022 550950 18008-A-4559-EXP 47,042.23 Total $457,077.55 EXHIBIT “A” Page 1 of 12 Revised 23 April 2019 EXHIBIT “A” CITY OF CORPUS CHRISTI, TEXAS BRAWNER PARKWAY – KOSTORYZ ROAD TO CARROLL LANE PROJECT NO. 18008A BOND ISSUE 2018 I. SCOPE OF SERVICES A. BASIC SERVICES For the purpose of this Contract, Preliminary Phase may include Schematic Design and Design Phase services may include Design Development as applicable to Architectural/Engineering services. 1. Preliminary Phase. The Architect/Engineer (A/E), also referred to as Consultant, will: a) Attend Project Kick-off Meeting and distribute meeting minutes to attendees within five working days of the meeting. b) Request and review available reports, record drawings, utility maps and other information provided by the City pertaining to the project area. c) Develop preliminary requirements for utility relocations, replacements or upgrades. Coordinate with the City’s Project Manager and identify Operating Departments potential Project needs. d) Develop preliminary typical street sections and pavement sections, incorporating the City’s Geotechnical Consultant’s recommendations. All streets shall be designed with flexible and rigid pavements. e) Identify preliminary right-of-way acquisition requirements and illustrate on a schematic strip map. f) Prepare preliminary opinions of probable construction costs for the recommended improvements. g) Develop a Drainage Area Map showing the existing and proposed drainage basins served by the Project storm system. h) Conduct preliminary hydraulic analysis to quantify the storm water design of existing and proposed systems. i) Identify electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. Submit a list of identified companies to the City. j) Conduct preliminary analysis of lighting, including existing equipment, above/below ground electrical service, etc. Provide recommendations for improvements/upgrades. k) The AE will participate in discussions with the Operating Department; Development Services and other agencies (such as the Texas Department of Transportation (TXDOT) and Texas Commission of Environmental Quality (TCEQ) as required to satisfactorily complete the Project. Any directions or changes to scope provided by the Operating Department or other agencies shall be reviewed with the City Engineering Department PM prior to including/excluding from the scope of work. l) Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; upon request or concurrence of the Project EXHIBIT “A” Page 2 of 12 Revised 23 April 2019 Manager, coordinate with agencies such as RTA, USPS, affected school districts (CCISD, FBISD, etc.), community groups, etc. m) Identify and recommend public outreach and community stakeholder requirements. n) Request and review traffic counts from the City PM. o) Prepare an Engineering Letter Report (20 – 25 page main-body text document with supporting appendices) that documents the analyses, approach, opinions of probable construction costs, and document the work with text, tables, schematic- level exhibits and computer models or other applicable supporting documents required per City Plan Preparation Standards (CPPS). The Engineering Letter Report to include: 1. Provide a concise presentation of pertinent factors, sketches, designs, cross-sections, and parameters which will or may impact the design, including engineering design basis, preliminary layout sketches, construction sequencing, alignment, cross section, geotechnical testing report, sealed survey including topographic, right-of-way and utilities location information (per scope in Topographic and Right-of-Way (ROW) Survey services), right-of-way requirements, conformance to master plans, identification of needed additional services, identification of needed permits and environmental consideration, existing and proposed utilities, existing electric and communication utility companies and private pipeline companies, identification of quality and quantity of materials of construction, and other factors required for a professional design. 2. Include existing site photos with location key map. 3. Provide opinion of probable construction costs. 4. Identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project including permitting, environmental, historical, construction, and geotechnical issues; meet as City agent or with City participation and coordinate with agencies such as TCEQ, RTA, CDBG, USPS, CCISD, community groups, TDLR, etc. 5. Summary of Geotechnical Report findings and criteria for pavement design, including the projected growth rate, 30-year ESAL estimate and SN value, 30-year pavement recommendation, etc. a. Analyze proposed pavement options and provide recommendation for most cost-effective pavement section that accommodates traffic requirements, budget constraints, utility needs, etc. 6. Provide preliminary index of anticipated drawings and specifications. 7. Provide a preliminary summary table of anticipated required ROW parcels p) Submit one (1) copy in an approved electronic format, and three (3) hard copies of the Draft Engineering Letter Report. q) Initiate ELR submittal discussion with City PM to brief PM on any concerns or issues prior to distribution of ELR submittal. r) Participate in Project review meeting with City staff and others on the Draft Engineering Letter Report as scheduled by City Project Manager. s) Address review comments and questions and provide written responses to the City PM. t) Assimilate all City review comments into the Final Engineering Letter Report (ELR). Provide one (1) electronic and one (1) hard copy using City Standards as applicable and suitable for reproduction. EXHIBIT “A” Page 3 of 12 Revised 23 April 2019 City staff will provide electronic copies of the following information (as applicable and requested through the City PM): a) Electronic index and database of City’s Record Drawing and record information. b) Record Drawings and record information as available from City Engineering files. c) The preliminary budget, specifying the funds available for construction. d) A copy of existing studies and plans (as available from City Engineering files). e) Copy of Geotechnical Investigation Report. f) Traffic counts. g) Benchmarks and coordinates City Staff will provide the following services: a) Field location of existing utilities a. Through 811 b. Through A/E coordination with City Operating Department c. Through MH location and opening d. Through sharing of pipe video or service records as requested Note: Applicable Master Plans and GIS mapping are available on the City’s website. The records provided for A/E’s use under this Contract are proprietary, copyrighted, and authorized for use only by A/E, and only for the intended purpose of this project. Any unauthorized use or distribution of the records provided under this Contract is strictly prohibited. 2. Design Phase. Upon approval of the preliminary phase, designated by receiving authorization to proceed from the City Project Manager, the A/E will: a) Provide coordination with electric and communication utility companies and private pipeline companies that may have existing facilities and must be relocated to accommodate the proposed improvements. Inform private utility and pipeline owners whose facilities fall within the project limits of the proposed improvements. Identify areas of potential conflicts. Coordinate with private utility and pipeline owners to obtain needed locations of their respective utility/pipeline, including Level A SUE by private utility/pipeline owner as necessary. Coordinate necessary adjustments and provide a project schedule to utility/pipeline owner. Provide utility/pipeline relocation schedule to the City and update monthly. b) Coordinate with AEP and City Traffic Engineering to identify location of electrical power conduit for street lighting and traffic signalization. c) Identify the approximate locations and areas of existing utilities and pipelines that may have a significant potential impact on the proposed features or utilities and for which the existing location(s) cannot be adequately determined by the SUE investigation up to and including Level B, and which require a Level A exploratory excavation during the design phase. These critical locations and their basis of potential impact are to be clearly provided on a layout for the City PM. d) Provide assistance to identify potential needs for testing, handling and disposal of any hazardous materials and/or contaminated soils that may be discovered during construction (to be included under additional services). e) Prepare Construction Documents in City standard format for the work identified in the approved ELR. Construction plans to include improvements or modifications to the street, storm water, water, wastewater, gas, IT, signal, and lighting systems EXHIBIT “A” Page 4 of 12 Revised 23 April 2019 within the Project limits, per the Project scope. Include standard City of Corpus Christi detail sheets and specifications as applicable to the Project. 1. Prepare construction plans in compliance with CPPS using English units on full-size (22” x 34”). 2. Provide Traffic Control parameters, sequencing and performance requirements for the Contractors to develop the construction TCP. 3. Provide pollution control measures and BMP layout for the Contractor’s Storm Water Pollution Prevention Plan, using the City Standard Notes and BMP Detail Sheets as applicable. 4. Include computer model results and calculations used to analyze drainage. f) Submit three (3) sets of the interim plans (60% submittal) in electronic and half- size (11” x 17”) hard copies using City Standards as applicable to City staff for review and approval purposes with 60% estimates of probable construction costs. Identify distribution list for plans and bid documents to all affected franchise utilities and stakeholders. 1. Required with the interim plans is: a. Design Submittal Packet Checklist b. Executive Summary of the 60% submittal,” which will identify and briefly summarize the Project by distinguishing key elements of the Project, decisions made, outstanding issues, items TBD, Opinion of Probable Construction Costs (OPCC) compared to construction budget and the schedule with changes identified. c. Project Submittal Checklist d. Drawing Review Checklist e. OPCC f. Drawings g. Draft Table of Contents with specification list 2. Initiate 60% submittal discussion with City PM to brief PM on any concerns or issues prior to distribution of 60% submittal. g) Participate in Project 60% review meeting. Prepare and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and upon confirmation from the City PM proceed to the 90% design. h) Submit three (3) sets of the pre-final plans and bid documents (90% submittal) in electronic and half-size hard copies using City Standards as applicable to City staff for review and approval purposes. Include the 90% estimate of probable construction costs, 90% submittal Executive Summary, Submittal Packet, Project, and Drawing Checklists, responses to previous review comments and the Contract Document Book with in-line Track Changes in red to identify all proposed edits to the City Construction Contracts. i) Participate in Project 90% review meeting. Prepare and distribute meeting meetings to attendees within five working days of the meeting. Assimilate all review comments, as appropriate, and proceed to the pre-ATA submittal. j) Provide one (1) set of the pre-ATA plans (100% unsealed and unstamped) in electronic and half-size hard copy using City Standards as applicable for City’s Pre-ATA review. Include the pre-ATA OPCC and written responses to previous review comments. The pre-ATA (100%) submittal will not include a full distribution and review unless in the opinion of the City Project Manager the questions from the previous review have not been adequately addressed or resolved in the pre- EXHIBIT “A” Page 5 of 12 Revised 23 April 2019 ATA submittal. If this occurs, the PM may request additional distribution, meeting, review and related revisions at no additional cost to the City. See item (l) below. k)Assimilate all pre-ATA comments, as appropriate, and provide one (1) set of the final plans and contract documents (signed and sealed, electronic and half-size hard copy using City Standards as applicable) suitable for reproduction. Said bid documents henceforth become the shared intellectual property of the City of Corpus Christi and the Consultant. The City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. l)Provide Quality Assurance/Quality Control (QA/QC) measures to ensure that all submittals accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City. Additional revisions or design submittals are required (and within the scope of Consultant’s duties under this Contract) if, in the opinion of the City Engineer or designee, Consultant has not adequately addressed City-provided review comments or provided submittals in accordance with City standards. m)Prepare and submit Monthly Status Reports to the Project Manager no later than the last Wednesday of each month with action items developed from monthly progress and review meetings. The City staff will: a)Designate an individual to have responsibility, authority, and control for coordinating activities for the Project. b)Provide the budget for the Project specifying the funds available for the construction contract. c)Provide electronic copy the City’s Standard Specifications, Standard Detail sheets, Front End Contract Documents, and forms for required bid documents. 3.Bid Phase. The A/E will: a)Participate in the pre-bid conference to discuss scope of work and to answer scope questions b)Review all questions concerning the bid documents and prepare any revisions to the plans, specifications and bid forms that may be necessary. c)Attend bid opening and assist with the evaluation of bids. d)Assist with the review of the Contractor’s Statement of Experience and confirm it meets Contract requirements. e)For bids over budget, the A/E will confer with City staff and provide and, if necessary, make such revisions to the bid documents as the City staff deems necessary to re-advertise the Project for bids. f)Provide one (1) hard copy set and two (2) electronic set of conformed drawings and conformed Contract Documents (PDF and original [CAD/Word/etc.]) to the City. The City staff will: a)Advertise the Project for bidding, maintain the list of prospective bidders, issue any addenda, prepare bid tabulation and conduct the bid opening. b)Coordinate the review of the bids with the A/E. EXHIBIT “A” Page 6 of 12 Revised 23 April 2019 c) Prepare agenda materials for the City Council concerning bid awards. d) Prepare, review and provide copies of the Contract for execution between the City and the Contractor. 4. Construction Administration Phase. The A/E will perform contract administration to include the following: a) Participate in pre-construction meeting conference and provide a recommended agenda for critical construction activities and elements impacting the project. b) Review Contractor submittals and operating and maintenance manuals for conformance to Contract Documents. c) If requested by the City, review and interpret field and laboratory tests. d) Provide interpretations and clarifications of the Contract Documents for the Contractor and authorize required changes, which do not affect the Contractor’s price and are not contrary to the general interest of the City under the Contract as requested by the Owner’s Authorized Representative (OAR). e) Make periodic visits to the site of the Project to confer with the City Project Inspector and Contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the Contract Documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction. f) Provide interpretations and clarifications of the plans and specifications for the Contractor and recommendations to the City for minor changes which do not affect the Contractor’s price and are not contrary to the general interest of the City under the Contract as requested by the OAR g) Attend final inspection with City staff, provide punch list items to the City’s Construction Engineers for Contractor completion, and provide the City with a Certificate of Completion for the Project upon successful completion of the Project. h) Review Contractor-provided construction “red-line” drawings. Prepare Project Record Drawings and provide a reproducible set and electronic file (both PDF and AutoCAD r.14 or later) within one (1) month of receiving the Contractor’s red-line drawings. All drawings shall be CADD drawn using dwg format in AutoCAD, and graphics data will be in .dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. All electronic data will be compatible with the City GIS system. The Record Drawings should incorporate the Contractor’s red-lines and identify all changes made during construction. The Drawing Cover and each sheet should be clearly identified as the Record Drawing and should indicate the basis and date. i) When requested by the OAR, assist in addressing Request for Information (RFI) submitted by the Contractor. The City staff will: a) Prepare applications/estimates for payments to Contractor. b) Conduct the final inspection with the Engineer. B. ADDITIONAL SERVICES This section defines the scope of additional services that may only be included as part of this contract if authorized by the Director of Engineering Services. A/E may not begin work on any services under this section without specific written authorization by the Director of Engineering Services. Fees for Additional Services are an allowance for potential services to be provided and EXHIBIT “A” Page 7 of 12 Revised 23 April 2019 will be negotiated by the Director of Engineering Services as required. The A/E shall, with written authorization by the Director of Engineering Services, perform the following: 1. Permit Preparation. Furnish the City all engineering data and documentation necessary for all required permits. The A/E will prepare this documentation for all required signatures. The A/E will prepare and submit identified permits as applicable to the appropriate local, state, and federal authorities, including: a) Union Pacific Railroad, Missouri Pacific Railroad, or any other railroad operating in the area b) TxDOT utility and environmental permits, multiple use agreements c) Wetlands Delineation and Permit d) Temporary Discharge Permit e) NPDES Permit/Amendments (including SSC, NOI, NOT) f) Texas Commission of Environmental Quality (TCEQ) Permits/Amendments g) Nueces County h) Texas Historical Commission (THC) i) U.S. Fish and Wildlife Service (USFWS) j) U.S. Army Corps of Engineers (USACE) k) United States Environmental Protection Agency (USEPA) l) Texas Department of Licensing and Regulation (TDLR) 1. Register the project with the Texas Department of Licensing and Regulation (TDLR) and pay associated fee. 2. Provide copy of Contract Documents along with appropriate fee to TDLR for review and approval of accessibility requirements for pedestrian improvements by a Registered Accessibility Specialist (RAS). 3. Coordinate RAS inspection services at the end of construction and pay associated fee. m) Texas General Land Office (TGLO) n) Other agency project-specific permits 2. Topographic and Right-of-Way (ROW) Survey. All work must comply with Category 1-A, Condition I specifications of the Texas Society of Professional Surveyors’ Manual of Practice for Land Surveying in the State of Texas, latest edition. All work must be tied to and in conformance with the City’s Global Positioning System (GPS) control network. All work must comply with all TxDOT requirements as applicable. Include references tying Control Points to a minimum of two (2) registered NGS Benchmark Monuments in the vicinity of the Project that will not be disturbed by construction. Survey sheets shall be sealed, provided to the City and included in the bid document plan set. a) Establish Horizontal and Vertical Control. b) Establish both primary and secondary horizontal/vertical control. c) Set project control points for Horizontal and Vertical Control outside the limits of area that will be disturbed by construction. d) Horizontal control will be based on NAD 83 State plane coordinates (South Zone), and the data will have no adjustment factor applied – i.e. – the coordinate data will remain in grid. e) Vertical control will be based on NAVD 88. f) All control work will be established using conventional (non-GPS) methods. Perform topographic surveys to gather existing condition information. EXHIBIT “A” Page 8 of 12 Revised 23 April 2019 g) Locate proposed soil/pavement core holes as drilled by the City’s Geotechnical Engineering Consultant. h) Obtain x, y, and z coordinates of all accessible existing wastewater, storm water, water, IT and gas lines as well as any other lines owned by third-parties and locate all visible utilities, wells and signs within the apparent ROW width along project limits. Survey shall include utility marking from the Texas 811 request. i) Open accessible manholes and inlets to obtain information on structure invert, type, and size; and all related pipe size, type, invert, orientation, and flow direction. j) Everything up to and including Level B subsurface engineering (SUE) is to be included in Topographic Survey. Surveying services related to Level A SUE are not included in Topographic and ROW Survey services but shall be provided as part of the scope of work for SUE below, if needed. k) Locate existing features within the apparent ROW. l) Locate and identify trees, at least five inches in diameter, and areas of significant landscape or shrubs within the apparent ROW. m) Generate electronic planimetric base map for use in project design. n) Obtain finished floor elevations of critical and habitable structures along the roadway corridor as needed to certify drainage design criteria are met. o) The survey should not stop at the property line but should extend beyond the property line as needed to pick up features and surface flow patterns in the vicinity of the Project that could potentially impact the design or be impacted by the construction. This includes features such as existing swales or ditches, foundations, loading docks/overhead doors, driveways, parking lots, etc. p) Research plats, ROW maps, deed, easements, and survey for fence corners, monuments, and iron pins within the existing ROW and analyze to establish existing apparent ROW. q) Provide a preliminary base map containing apparent ROW, which will be used by the A/E to develop the proposed alignment and its position relative to the existing and proposed ROW. This preliminary base map must show lot or property lines, addresses, and significant business/facility names. 3. ROW/Easement Acquisition Survey and Parcel Descriptions. All work must be tied to and conform with the City’s Global Positioning System (GPS) control network and comply with Category 6, Condition I specifications of the Texas Society of Professional Surveyors’ Manual of Practice for Land Surveying in the State of Texas, latest edition. a) Set property corners and prepare right of way strip parcel map depicting all parcels proposed for acquisition. Metes and bounds descriptions must indicate parent tract areas based on the most accurate information available. Strip map will show entire parent tracts at a representative scale and for information only. All existing easements within the parcels to be acquired and those within adjacent parcels must be shown. b) Prepare Metes and Bound Instrument with supporting exhibits as required and agreed upon, subsequent to ELR acceptance for ROW parcels, utility easements and temporary construction easements. c) Prepare individual signed and sealed parcel maps and legal descriptions for the required right of way acquisition for parcels and easements. A strip map showing EXHIBIT “A” Page 9 of 12 Revised 23 April 2019 all parcels required will be submitted along with parcel descriptions. If boundary conflicts between Owners are identified, additional fees may be authorized if needed. A/E shall submit parcel maps and legal descriptions prior to the 60% submittal. d) A/E must obtain Preliminary Title Reports from a local title company and provide copies of the title reports to the City. Preliminary Title Report shall identify title ownership and any title encumbrances to all right-of-way to be acquired. 4. Environmental Issues. Identify and develop a scope of work for any testing, handling and disposal of hazardous materials and/or contaminated soils that may be discovered during construction. 5. Public Involvement. Participate in two public meetings. One public meeting shall be held after submittal of the Final Engineering Letter Report and one public meeting shall be held prior to start of project construction. Prepare exhibits for meetings. Provide follow-up and response to citizen comments. Revise contract drawings to address citizen comments, as directed by the City. Significant revisions based on public meeting feedback may be negotiated for an additional fee. 6. Subsurface Utility Investigation (Level A). SUE investigation for all utilities (City and third party) shall be conducted to Level B as part of Topographic Survey referenced above and in accordance with ASCE Standard “ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data”. A sealed Level A SUE report shall be provided to the City and included in the bid documents as an appendix. a) Provide subsurface utility engineering in accordance with ASCE Standard “ASCE C-I, 38-02, Standard Guideline for the Collection and Depiction of Existing Subsurface Utility Data” including, but not limited to, hydro-excavation. The proposed subsurface utility investigation will be as follows: i) Excavation – The SUE scope includes working with a subsurface utility excavator to perform Quality Level A investigation of underground utilities in specified areas through the project limit. Quality Level A includes the use of minimally intrusive excavation equipment at critical points to determine the horizontal and vertical position of underground utilities, as well as the type, size, condition, material, and other characteristics. Utilities located at this quality level will be physically located and tied to the topographic survey control. The utility will be identified, and an elevation will be obtained to the top of the utility. 7. Construction Observation Services. To Be Determined. 8. Warranty Phase. Provide a maintenance guaranty inspection toward the end of the one-year period after acceptance of the Project. Note defects requiring contractor action to maintain, repair, fix, restore, patch, or replace improvement under the maintenance guaranty terms of the contract. Document the condition and prepare a report for the City staff of the locations and conditions requiring action, with its recommendation for the method or action to best correct defective conditions and submit to City Staff. Complete the inspection and prepare the report no later than sixty (60) days prior to the end of the maintenance guaranty period. EXHIBIT “A” Page 10 of 12 Revised 23 April 2019 9. Televising Utility Lines. Provide cleaning and televising of existing utility lines to verify existing conditions. Analyze photos and videos to recommend repairs and/or improvements and provide a written report with findings and recommendations. A copy of all photos and videos (in standard video and image format) shall be provided to the City. 10. Lighting Design Provide lighting design for conduits and pull boxes based on street lighting assessment and conformance with current/draft City Street Lighting Policy. Provide the services above authorized in addition to those items shown on Exhibit “A-1” Task List, which provides supplemental description to Exhibit “A”. Note: The Exhibit “A-1” Task List does not supersede Exhibit “A”. EXHIBIT “A” Page 11 of 12 Revised 23 April 2019 II. SCHEDULE Date Activity October 14, 2019 NTP 8 weeks (December 9, 2019) Draft ELR submittal 2 weeks (December 23, 2019) City Review 4 weeks (January 20, 2020) Final ELR submittal 10 weeks (March 30, 2020) 60% Design Submittal 3 weeks (April 20, 2020) City Review 8 weeks (June 15, 2020) 90% Design Submittal 2 weeks (June 29, 2020) City Review 6 weeks (August 10, 2020) 100% Pre-ATA Submittal 1 week (August 17, 2020) City Review 3 weeks (September 7, 2020) Final Sealed Bid Package 1 week (September 14, 2020) Advertise for Bids 2 weeks (September 29, 2020) Pre-Bid Conference 2 weeks (October 14, 2020) Receive Bids 2 months after Bid Date Contract Award 1 month after Award Begin Construction 15 months after Begin Construction Complete Construction III. FEES A. Fee for Basic Services. The City will pay the A/E a fixed fee for providing all “Basic Services” authorized as per the table below. The fees for Basic Services will not exceed those identified and will be full and total compensation for all services outlined in Section I.A.1-4 above, and for all expenses incurred in performing these services. The fee for this project is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. For services provided, A/E will submit monthly statements for services rendered. The statement will be based upon A/E’s estimate (and with City’s concurrence) of the proportion of the total services actually completed at the time of billing. City will make prompt monthly paym ents in response to A/E’s monthly statements. B. Fee for Additional Services. For services authorized by the Director of Engineering Services under Section I.B. “Additional Services”, the City will pay the A/E a not-to-exceed fee as per the table below: EXHIBIT “A” Page 12 of 12 Revised 23 April 2019 Summary of Fees Basic Services Fees Street Storm Water Wastewater Water Gas Total 1. Preliminary Phase 19,858.08 13,864.58 6,896.58 7,380.80 6,896.58 $54,412.40 2. Design Phase 98,689.75 77,692.55 33,109.03 36,805.35 11,631.00 $257,927.68 3. Bid Phase 2, 008.28 2,008.28 2,008.28 2,008.28 2,008.28 $10,041.40 4. Construction Administration Phase 15,299.32 15,299.32 15,299.32 15,299.32 15,299.32 $76,496.60 Subtotal Basic Services Fees 135,855.42 108,864.72 57,313.20 61,493.75 35,835.17 $399,362.30 Additional Services Fees (Allowance) 1. Permit Preparation* 664.94 664.94 664.94 664.94 664.94 $3,324.70 2. Topographic and ROW Survey* 5,200.10 5,200.10 5,200.10 5,200.10 5,200.10 $26,000.50 3. ROW/Easement Acquisition Survey and Parcel Descriptions TBD TBD TBD TBD TBD TBD 4. Environmental Issues TBD TBD TBD TBD TBD TBD 5. Public Involvement* 4,820.92 4,820.92 4,820.92 4,820.92 4,820.92 $24,104.60 6. Subsurface Utility Investigation (Level A) TBD TBD TBD TBD TBD TBD 7. Construction Observation Services TBD TBD TBD TBD TBD TBD 8. Warranty Phase 521.09 521.09 521.09 521.09 521.09 $2,605.45 9. Televising Utility Lines TBD TBD TBD TBD TBD TBD 10. Lighting Design 1,680.00 TBD TBD TBD TBD $1,680.00 Subtotal Additional Services Fees 12,887.05 11,207.05 11,207.05 11,207.05 11,207.05 $57,715.25 Total Fee $457,077.55 *Additional Services authorized in coordination with the notice to proceed for Basic Services Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit BPage 1 of 1 1 Rev 09/19 Exhibit C Page 1 of 2 EXHIBIT C Insurance Requirements Pre-Design, Design and General Consulting Contracts 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Contracts and Procurement with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. A waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting 2 Rev 09/19 Exhibit C Page 2 of 2 from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Contracts and Procurement P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.2 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 1 of 22 ARTICLE 1 – DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A.Terms with initial capital letters, including the term’s singular and plural forms, have the meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract Documents. In addition to the terms specifically defined, terms with initial capital letters in the Contract Documents may include references to identified articles and paragraphs, and the titles of other documents or forms. 1.Addenda - Documents issued prior to the receipt of Bids which clarify or modify the Bidding Requirements or the proposed Contract Documents. 2.Agreement - The document executed between Owner and Contractor covering the Work. 3.Alternative Dispute Resolution - The process by which a disputed Claim may be settled as an alternative to litigation, if Owner and Contractor cannot reach an agreement between themselves. 4.Application for Payment - The forms used by Contractor to request payments from Owner and the supporting documentation required by the Contract Documents. 5.Award Date – The date the City Council of the City of Corpus Christi (City) authorizes the City Manager or designee to execute the Contract on behalf of the City. 6.Bid - The documents submitted by a Bidder to establish the proposed Contract Price and Contract Times and provide other information and certifications as required by the Bidding Requirements. 7.Bidding Documents - The Bidding Requirements, the proposed Contract Documents, and Addenda. 8.Bidder - An individual or entity that submits a Bid to Owner. 9.Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid Form and attachments, and required certifications. 10.Bid Security - The financial security in the form of a bid bond provided by Bidder at the time the Bid is submitted and held by Owner until the Agreement is executed and the evidence of insurance and Bonds required by the Contract Documents are provided. A cashier’s check, certified check, money order or bank draft from any State or National Bank will also be acceptable. 11.Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety instruments executed by Surety. When in singular form, refers to individual instrument. 12.Change Order - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which modifies the Work, Contract Price, Contract Times, or terms and conditions of the Contract. 13.Change Proposal - A document submitted by Contractor in accordance with the requirements of the Contract Documents: a.Requesting an adjustment in Contract Price or Contract Times; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 2 of 22 b. Contesting an initial decision concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; c. Challenging a set-off against payment due; or d. Seeking a Modification with respect to the terms of the Contract. 14. City Engineer - The Corpus Christi City Engineer and/or his designated representative as identified at the preconstruction conference or in the Notice to Proceed. 15. Claim - A demand or assertion by Owner or Contractor submitted in accordance with the requirements of the Contract Documents. A demand for money or services by an entity other than the Owner or Contractor is not a Claim. 16. Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other materials that are or become listed, regulated, or addressed pursuant to: a. The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); b. The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; c. The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); d. The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; e. The Clean Water Act, 33 U.S.C. §§1251 et seq.; f. The Clean Air Act, 42 U.S.C. §§7401 et seq.; or g. Any other Laws or Regulations regulating, relating to, or imposing liability or standards of conduct concerning hazardous, toxic, or dangerous waste, substance, or material. 17. Contract - The entire integrated set of documents concerning the Work and describing the relationship between the Owner and Contractor. 18. Contract Amendment - A document issued on or after the Effective Date of the Contract and signed by Owner and Contractor which: a. Authorizes new phases of the Work and establishes the Contract Price, Contract Times, or terms and conditions of the Contract for the new phase of Work; or b. Modifies the terms and conditions of the Contract, but does not make changes in the Work. 19. Contract Documents - Those items designated as Contract Documents in the Agreement. 20. Contract Price - The monetary amount stated in the Agreement and as adjusted by Modifications, and increases or decreases in unit price quantities, if any, that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. 21. Contract Times - The number of days or the dates by which Contractor must: a. Achieve specified Milestones; Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 3 of 22 b. Achieve Substantial Completion; and c. Complete the Work. 22. Contractor - The individual or entity with which Owner has contracted for performance of the Work. 23. Contractor’s Team - Contractor and Subcontractors, Suppliers, individuals, or entities directly or indirectly employed or retained by them to perform part of the Work or anyone for whose acts they may be liable. 24. Cost of the Work - The sum of costs incurred for the proper performance of the Work as allowed by Article 15. 25. Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or deficient in that it: a. Does not conform to the Contract Documents; b. Does not meet the requirements of applicable inspections, reference standards, tests, or approvals referred to in the Contract Documents; or c. Has been damaged or stolen prior to OAR’s recommendation of final payment unless responsibility for the protection of the Work has been assumed by Owner at Substantial Completion in accordance with Paragraphs 17.12 or 17.13. 26. Designer - The individuals or entity named as Designer in the Agreement and the subconsultants, individuals, or entities directly or indirectly employed or retained by Designer to provide design or other technical services to the Owner. Designer has responsibility for engineering or architectural design and technical issues related to the Contract Documents. Designers are Licensed Professional Engineers, Registered Architects or Registered Landscape Architects qualified to practice their profession in the State of Texas. 27. Drawings - The part of the Contract that graphically shows the scope, extent, and character of the Work. Shop Drawings and other Contractor documents are not Drawings. 28. Effective Date of the Contract - The date indicated in the Agreement on which the City Manager or designee has signed the Contract. 29. Field Order - A document issued by OAR or Designer requiring changes in the Work that do not change the Contract Price or the Contract Times. 30. Hazardous Environmental Condition - The presence of Constituents of Concern at the Site in quantities or circumstances that may present a danger to persons or property exposed to Constituents of Concern. The presence of Constituents of Concern at the Site necessary for the execution of the Work or to be incorporated in the Work is not a Hazardous Environmental Condition provided these Constituents of Concern are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract. 31. Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs resulting from claims or demands against Owner’s Indemnitees. These costs include fees for engineers, architects, attorneys, and other professionals. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 4 of 22 32. Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations, ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts having jurisdiction over the Project. 33. Liens - Charges, security interests, or encumbrances upon Contract related funds, real property, or personal property. 34. Milestone - A principal event in the performance of the Work that Contractor is required by Contract to complete by a specified date or within a specified period of time. 35. Modification - Change made to the Contract Documents by one of the following methods: a. Contract Amendment; b. Change Order; c. Field Order; or d. Work Change Directive. 36. Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected Bidder. 37. Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is to begin. 38. Owner - The City of Corpus Christi (City), a Texas home-rule municipal corporation and political subdivision organized under the laws of the State of Texas, acting by and through its duly authorized City Manager and his designee, the City Engineer (the Director of Engineering Services), and the City’s officers, employees, agents, or representatives, authorized to administer design and construction of the Project. 39. Owner’s Authorized Representative or OAR - The individual or entity named as OAR in the Agreement and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide construction management services to the Owner. The OAR may be an employee of the Owner. 40. Owner’s Indemnitees - Each member of the OPT and their officers, directors, members, partners, employees, agents, consultants, and subcontractors. 41. Owner’s Project Team or OPT - The Owner, Owner’s Authorized Representative, Resident Project Representative, Designer, and the consultants, subconsultants, individuals, or entities directly or indirectly employed or retained by them to provide services to the Owner. 42. Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work. 43. Progress Schedule - A schedule prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. The Progress Schedule must be a Critical Path Method (CPM) Schedule. 44. Project - The total undertaking to be accomplished for Owner under the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 5 of 22 45. Resident Project Representative or RPR - The authorized representative of OPT assigned to assist OAR at the Site. As used herein, the term Resident Project Representative includes assistants and field staff of the OAR. 46. Samples - Physical examples of materials, equipment, or workmanship representing some portion of the Work that are used to establish the standards for that portion of the Work. 47. Schedule of Documents - A schedule of required documents, prepared, and maintained by Contractor. 48. Schedule of Values - A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for Contractor’s Applications for Payment. 49. Selected Bidder - The Bidder to which Owner intends to award the Contract. 50. Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents. 51. Site - Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed. The Site includes rights-of-way, easements, and other lands furnished by Owner which are designated for use by the Contractor. 52. Specifications - The part of the Contract that describes the requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work. 53. Subcontractor - An individual or entity having a direct contract with Contractor or with other Subcontractors or Suppliers for the performance of a part of the Work. 54. Substantial Completion - The point where the Work or a specified part of the Work is sufficiently complete to be used for its intended purpose in accordance with the Contract Documents. 55. Supplementary Conditions - The part of the Contract that amends or supplements the General Conditions. 56. Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with Subcontractors or other Suppliers to furnish materials or equipment to be incorporated in the Work. 57. Technical Data - Those items expressly identified as Technical Data in the Supplementary Conditions with respect to either: a. Subsurface conditions at the Site; b. Physical conditions relating to existing surface or subsurface structures at the Site, except Underground Facilities; or c. Hazardous Environmental Conditions at the Site. 58. Underground Facilities - All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and encasements containing these facilities which are used to convey electricity, gases, Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 6 of 22 steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 59. Unit Price Work - Work to be paid for on the basis of unit prices. 60. Work - The construction of the Project or its component parts as required by the Contract Documents. 61. Work Change Directive - A directive issued to Contractor on or after the Effective Date of the Contract ordering an addition, deletion, or revision in the Work. The Work Change Directive serves as a memorandum of understanding regarding the directive until a Change Order can be issued. 1.02 Terminology A. The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. It is understood that the cost for performing Work is included in the Contract Price and no additional compensation is to be paid by Owner unless specifically stated otherwise in the Contract Documents. Expressions including or similar to “at no additional cost to Owner,” “at Contractor’s expense,” or similar words mean that the Contractor is to perform or provide specified operation of Work without an increase in the Contract Price. C. The terms “day” or “calendar day” mean a calendar day of 24 hours measured from midnight to the next midnight. D. The meaning and intent of certain terms or adjectives are described as follows: 1. The terms “as allowed,” “as approved,” “as ordered,” “as directed,” or similar terms in the Contract Documents indicate an exercise of professional judgment by the OPT. 2. Adjectives including or similar to “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or similar adjectives are used to describe a determination of OPT regarding the Work. 3. Any exercise of professional judgment by the OPT will be made solely to evaluate the Work for general compliance with the Contract Documents unless there is a specific statement in the Contract Documents indicating otherwise. 4. The use of these or similar terms or adjectives does not assign a duty or give OPT authority to supervise or direct the performance of the Work, or assign a duty or give authority to the OPT to undertake responsibilities contrary to the provisions of Articles 9 or 10 or other provisions of the Contract Documents. E. The use of the words “furnish,” “install,” “perform,” and “provide” have the following meanings when used in connection with services, materials, or equipment: 1. Furnish means to supply and deliver the specified services, materials, or equipment to the Site or other specified location ready for use or installation. 2. Install means to complete construction or assembly of the specified services, materials, or equipment so they are ready for their intended use. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 7 of 22 3. Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4. Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” or “provide.” F. Contract Documents are written in modified brief style: 1. Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2. Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3. Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G. Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H. Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I. Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B. Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1. Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 8 of 22 2. Comply with the requirements of the Contract Documents if they produce a higher quality of Work than the applicable construction industry standards. 3. Designer determines whether a code or standard is applicable, which of several are applicable, or if the Contract Documents produce a higher quality of Work. 3.03 Reporting and Resolving Discrepancies 3.04 Interpretation of the Contract Documents Submit questions regarding the design of the Project described in the Contract Documents to the OAR immediately after those questions arise. OAR is to request an interpretation of the Contract Documents from the Designer. Designer is to respond to these questions by providing an interpretation of the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OPT may initiate a Modification to the Contract Documents through the OAR if a response to the question indicates that a change in the Contract Documents is required. Contractor may appeal Designer’s or OAR’s interpretation by submitting a Change Proposal. ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS 5.01 Availability of Lands 5.02 Use of Site and Other Areas 5.03 Subsurface and Physical Conditions 5.04 Differing Subsurface or Physical Conditions OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition from the Contractor. Designer is to: 1. Promptly review the subsurface or physical condition; 2. Determine the necessity of OPT’s obtaining additional exploration or tests with respect the subsurface or physical condition; 3. Determine if the subsurface or physical condition falls within one or more of the differing Site condition categories in Paragraph 5.04.A; 4. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with the subsurface or physical condition in question; 5. Determine the need for changes in the Drawings or Specifications; and 6. Advise OPT of Designer’s findings, conclusions, and recommendations. C. OAR is to issue a statement to Contractor regarding the subsurface or physical condition in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 9 of 22 5.05 Underground Facilities The Designer is to take the following action after receiving notice from the OAR: 1. Promptly review the Underground Facility and conclude whether the Underground Facility was not shown or indicated in the Contract Documents, or was not shown or indicated with reasonable accuracy; 2. Prepare recommendations to OPT regarding the Contractor’s resumption of Work in connection with this Underground Facility; 3. Determine the extent to which a change is required in the Drawings or Specifications to document the consequences of the existence or location of the Underground Facility; and 4. Advise OAR of Designer’s findings, conclusions, and recommendations and provide revised Drawings and Specifications if required. D. OAR is to issue a statement to Contractor regarding the Underground Facility in question and recommend action as appropriate after review of Designer’s findings, conclusions, and recommendations. ARTICLE 6 – BONDS AND INSURANCE ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES ARTICLE 8 – OTHER WORK AT THE SITE ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES 9.01 Communications to Contractor A. OPT issues communications to Contractor through OAR except as otherwise provided in the Contract Documents. 9.02 Replacement of Owner’s Project Team Members A. Owner may replace members of the OPT at its discretion. 9.03 Furnish Data A. OPT is to furnish the data required of OPT under the Contract Documents. 9.04 Pay When Due 9.05 Lands and Easements; Reports and Tests A. Owner’s duties with respect to providing lands and easements are described in Paragraph 5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at the Site available to Contractor in accordance with Paragraph 5.03. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 10 of 22 9.06 Insurance 9.07 Modifications 9.08 Inspections, Tests, and Approvals A. OPT’s responsibility with respect to certain inspections, tests, and approvals are described in Paragraph 16.02. 9.09 Limitations on OPT’s Responsibilities A. The OPT does not supervise, direct, or have control or authority over, and is not responsible for Contractor’s means, methods, techniques, sequences, or procedures of construction, or related safety precautions and programs, or for failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. OPT is not responsible for Contractor’s failure to perform the Work in accordance with the Contract Documents. 9.10 Undisclosed Hazardous Environmental Condition A. OPT’s responsibility for undisclosed Hazardous Environmental Conditions is described in Paragraph 5.06. 9.11 Compliance with Safety Program A. Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific applicable requirements of this program. ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION 10.01 Owner’s Representative A. OAR is Owner’s representative. The duties and responsibilities and the limitations of authority of OAR as Owner’s representative are described in the Contract Documents. 10.02 Visits to Site A. Designer is to make periodic visits to the Site to observe the progress and quality of the Work. Designer is to determine, in general, if the Work is proceeding in accordance with the Contract Documents based on observations made during these visits. Designer is not required to make exhaustive or continuous inspections to check the quality or quantity of the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with Contractor to address these issues or concerns. Designer’s visits and observations are subject to the limitations on Designer’s authority and responsibility described in Paragraphs 9.09 and 10.07. B. OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s quality assurance program, and administer the Contract as Owner’s representative as described in the Contract Documents. OAR’s visits and observations are subject to the limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 11 of 22 10.03 Resident Project Representatives A. Resident Project Representatives assist OAR in observing the progress and quality of the Work at the Site. The limitations on Resident Project Representatives’ authority and responsibility are described in Paragraphs 9.09 and 10.07. 10.04 Rejecting Defective Work A. OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a Defective Work Notice to Contractor and document when Defective Work has been corrected or accepted in accordance with Article 16. 10.05 Shop Drawings, Modifications and Payments A. Designer’s authority related to Shop Drawings and Samples are described in the Contract Documents. B. Designer’s authority related to design calculations and design drawings submitted in response to a delegation of professional design services are described in Paragraph 7.15. C. OAR and Designer’s authority related to Modifications is described in Article 11. D. OAR’s authority related to Applications for Payment is described in Articles 15 and 17. 10.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. OAR is to render decisions regarding non-technical or contractual / administrative requirements of the Contract Documents and will coordinate the response of the OPT to Contractor. B. Designer is to render decisions regarding the conformance of the Work to the requirements of the Contract Documents. Designer will render a decision to either correct the Defective Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform to the Contract Documents. OAR will coordinate the response of the OPT to Contractor. C. OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide documentation for changes related to the non-technical or contractual / administrative requirements of the Contract Documents. Designer will provide documentation if design related changes are required. D. Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor does not agree with the Designer’s decision. 10.07 Limitations on OAR’s and Designer’s Authority and Responsibilities A. OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure to act, or decisions made in good faith to exercise or not exercise the authority or responsibility available under the Contract Documents creates a duty in contract, tort, or otherwise of the OPT to the Contractor or members of the Contractor’s Team. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 12 of 22 ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK ARTICLE 12 – CHANGE MANAGEMENT 12.01 Requests for Change Proposal A. Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP). 1. Designer will prepare a description of proposed Modifications. 2. Designer will issue the Request for a Change Proposal form to Contractor. A number will be assigned to the Request for a Change Proposal when issued. 3. Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for evaluation by the OPT. 12.02 Change Proposals A. Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the Contract Documents or in response to a Request for Change Proposal. 1. Use the Change Proposal form provided. 2. Assign a number to the Change Proposal when issued. 3. Include with the Change Proposal: a. A complete description of the proposed Modification if Contractor initiated or proposed changes to the OPT’s description of the proposed Modification. b. The reason the Modification is requested, if not in response to a Request for a Change Proposal. c. A detailed breakdown of the cost of the change if the Modification requires a change in Contract Price. The itemized breakdown is to include: 1) List of materials and equipment to be installed; 2) Man hours for labor by classification; 3) Equipment used in construction; 4) Consumable supplies, fuels, and materials; 5) Royalties and patent fees; 6) Bonds and insurance; 7) Overhead and profit; 8) Field office costs; 9) Home office cost; and 10) Other items of cost. d. Provide the level of detail outlined in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 13 of 22 provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Submit Change Proposals that comply with Article 15 for Cost of Work. f. Provide a revised schedule. Show the effect of the change on the Project Schedule and the Contract Times. B. Submit a Change Proposal to the Designer to request a Field Order. C. A Change Proposal is required for all substitutions or deviations from the Contract Documents. D. Request changes to products in accordance with Article 25. 12.03 Designer Will Evaluate Request for Modification A. Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the Owner. Designer will issue a Change Order or Contract Amendment for any changes in Contract Price or Contract Times. 1. Change Orders and Contract Amendments will be sent to the Contractor for execution with a copy to the Owner recommending approval. A Work Change Directive may be issued if Work needs to progress before the Change Order or Contract Amendment can be authorized by the Owner. 2. Work Change Directives, Change Orders, and Contract Amendments can only be approved by the Owner. a. Work performed on the Change Proposal prior to receiving a Work Change Directive or approval of the Change Order or Contract Amendment is performed at the Contractor’s risk. b. No payment will be made for Work on Change Orders or Contract Amendments until approved by the Owner. B. The Contractor may be informed that the Request for a Change Proposal is not approved and construction is to proceed in accordance with the Contract Documents. ARTICLE 13 – CLAIMS 13.01 Claims 13.02 Claims Process A. Claims must be initiated by written notice. Notice must conspicuously state that it is a notice of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence of the claimed event. B. Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR within 7 days: 1. After the start of the event giving rise to the Claim; or 2. After a final decision on a Change Proposal has been made. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 14 of 22 C. Claims by Contractor that are not received within the time period provided by section 13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any Claims by Contractor that are not brought within 90 days following the termination of the Contract are waived and shall be automatically deemed denied. D. Claims by Owner must be submitted by written notice to Contractor. E. The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must contain sufficient detail to allow the other party to fully review the Claim. 1. Claims seeking an adjustment of Contract Price must include the Contractor’s job cost report. Provide additional documentation as requested by OAR. 2. Claims seeking an adjustment of Contract Time must include native schedule files in Primavera or MS Project digital format. Provide additional documentation as requested by OAR. F. Contractor must certify that the Claim is made in good faith, that the supporting data is accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief requested accurately reflects the full compensation to which Contractor is entitled. G. Claims by Contractor against Owner and Claims by Owner against Contractor, including those alleging an error or omission by Designer but excluding those arising under Section 7.12, shall be referred initially to Designer for consideration and recommendation to Owner. H. Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take one or more of the following actions: 1. Request additional supporting data from the party who made the Claim; 2. Issue a recommendation; 3. Suggest a compromise; or 4. Advise the parties that Designer is not able to make a recommendation due to insufficient information or a conflict of interest. I. If the Designer does not take any action, the claim shall be deemed denied. J. The Contractor and the Owner shall seek to resolve the Claim through the exchange of information and direct negotiations. If no agreement is reached within 90 days, the Claim shall be deemed denied. The Owner and Contractor may extend the time for resolving the Claim by mutual agreement. Notify OAR of any actions taken on a Claim. K. Owner and Contractor may mutually agree to mediate the underlying dispute at any time after a recommendation is issued by the Designer. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 15 of 22 ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION ARTICLE 19 – PROJECT MANAGEMENT ARTICLE 20 – PROJECT COORDINATION 20.01 Work Included 20.02 Document Submittal 20.03 Communication During Project A. The OAR is to be the first point of contact for all parties on matters concerning this Project. B. The Designer will coordinate correspondence concerning: 1. Documents, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract Modifications. 4. Observation of Work and testing. 5. Claims. 20.04 Requests for Information A. Submit Request for Information (RFI) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided. 2. Attach adequate information to permit a written response without further clarification. Designer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple document submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information, interpretation, or clarification of the requirements of the Contract Documents, and does not modify the Contract Documents. C. Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates that a Contract Modification is required. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 16 of 22 ARTICLE 21 – QUALITY MANAGEMENT ARTICLE 22 – FINAL RESOLUTION OF DISPUTES ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY ARTICLE 24 – DOCUMENT MANAGEMENT ARTICLE 25 – SHOP DRAWINGS 25.01 Work Included A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication, erection, or installation of the product without additional detailed information from the Supplier. B. Submit Shop Drawings as required by the Contract Documents and as reasonably requested by the OPT to: 1. Record the products incorporated into the Project for the Owner; 2. Provide detailed information for the products proposed for the Project regarding their fabrication, installation, commissioning, and testing; and 3. Allow the Designer to advise the Owner if products proposed for the Project by the Contractor conform, in general, to the design concepts of the Contract Documents. 25.02 Quality Assurance 25.03 Contractor’s Responsibilities 25.04 Shop Drawing Requirements A. Provide adequate information in Shop Drawings and Samples so Designer can: 1. Assist the Owner in selecting colors, textures, or other aesthetic features. 2. Compare the proposed features of the product with the specified features and advise Owner that the product does, in general, conform to the Contract Documents. 3. Compare the performance features of the proposed product with those specified and advise the Owner that the product does, in general, conform to the performance criteria specified in the Contract Documents. 4. Review required certifications, guarantees, warranties, and service agreements for compliance with the Contract Documents. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 17 of 22 25.05 Special Certifications and Reports 25.06 Warranties and Guarantees 25.07 Shop Drawing Submittal Procedures 25.08 Sample and Mockup Submittal Procedures 25.09 Requests for Deviation 25.10 Designer Responsibilities A. Shop Drawings will be received by the Designer. Designer will log the documents and review per this Article for general conformance with the Contract Documents. 1. Designer’s review and approval will be only to determine if the products described in the Shop Drawing or Sample will, after installation or incorporation into the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. Designer’s review and approval will not extend to means, methods, techniques, sequences, or procedures of construction or to safety precautions or programs incident thereto. 3. Designer’s review and approval of a separate item as such will not indicate approval of the assembly in which the item functions. B. Comments will be made on items called to the attention of the Designer for review and comment. Any marks made by the Designer do not constitute a blanket review of the document submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. 1. Designer will respond to Contractor’s markups by either making markups directly in the Shop Drawings file using the color green or by attaching a Document Review Comments form with review comments. 2. Shop Drawings that are reviewed will be returned with one or more of the following status designations: a. Approved: Shop Drawing is found to be acceptable as submitted. b. Approved as Noted: Shop Drawing is Approved so long as corrections or notations made by Designer are incorporated into the Show Drawing. c. Not Approved: Shop Drawing or products described are not acceptable. 3. Shop Drawing will also be designated for one of the following actions: a. Final distribution: Shop Drawing is acceptable without further action and has been filed as a record document. b. Shop Drawing not required: A Shop Drawing was not required by the Contract Documents. Resubmit the document per Article 26. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 18 of 22 c. Cancelled: This action indicates that for some reason, the Shop Drawing is to be removed from consideration and all efforts regarding the processing of that document are to cease. d. Revise and resubmit: Shop Drawing has deviations from the Contract Documents, significant errors, or is inadequate and must be revised and resubmitted for subsequent review. e. Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has significant markups. Make correction and notations to provide a revised document with markup incorporated into the original document so that no markups are required. f. Returned without review due to excessive deficiencies: Document does not meet the requirement of the Specifications for presentation or content to the point where continuing to review the document would be counterproductive to the review process or clearly does not meet the requirements of the Contract Documents. Revise the Shop Drawing to comply with the requirements of this Section and resubmit. g. Actions a through c will close out the Shop Drawing review process and no further action is required as a Shop Drawing. Actions d through f require follow up action to close out the review process. 4. Drawings with a significant or substantial number of markings by the Contractor may be marked “Approved as Noted” and “Resubmit with corrections made.” These drawings are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering products as the documents are revised. 5. Dimensions or other data that does not appear to conform to the Contract Documents will be marked as “At Variance With” (AVW) the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with the Contract Documents. C. Bring deviations to the Shop Drawings to the attention of the Designer for approval by using the Shop Drawing Deviation Request form. Use a single line for each requested deviation so the Status and Action for each deviation can be determined for that requested deviation. If approval or rejection of a requested deviation will impact other requested deviations, then all related deviations should be included in that requested deviation line so the status and action can be determined on the requested deviation as a whole. D. Requested deviations will be reviewed as possible Modification to the Contract Documents. 1. A Requested deviation will be rejected as “Not Approved” if the requested deviation is unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections for approval. 2. A Field Order will be issued by the Designer for deviations approved by the Designer if the requested deviation is acceptable and if the requested deviation will not result in a change in Contract Price or Contract Times. Requested deviations from the Contract Documents may only be approved by Field Order. 3. A requested deviation will be rejected if the requested deviation is acceptable but the requested deviation will or should result in a change in Contract Price or Contract Times. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 19 of 22 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 – RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor’s Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer’s Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 20 of 22 Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.” No further action is required on this document as Record Data and the Record Data process will be closed. Resubmit the document as a Shop Drawing per Article 25. b. The cursory review indicates that the document does not meet the requirements of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” When Record Data is filed, no further action is required and the Record Data process will be closed. c. The Record Data is not required by the Contract Documents nor is the Record Data applicable to the Project. The Record Data will be marked “Rejected” and “Cancel - Not Required.” No further action is required and the Record Data process will be closed. C. Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as Received.” ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION ARTICLE 29 – EXECUTION AND CLOSEOUT 29.01 Substantial Completion A. Notify the Designer that the Work or a designated portion of the Work is substantially complete per the General Conditions. Include a list of the items remaining to be completed or corrected before the Project will be considered to be complete. B. OPT will visit the Site to observe the Work within a reasonable time after notification is received to determine the status of the Project. C. Designer will notify the Contractor that the Work is either substantially complete or that additional Work must be performed before the Project will be considered substantially complete. 1. Designer will notify the Contractor of items that must be completed before the Project will be considered substantially complete. 2. Correct the noted deficiencies in the Work. 3. Notify the Designer when the items of Work in the Designer’s notice have been completed. 4. OPT will revisit the Site and repeat the process. 5. Designer will issue a Certificate of Substantial Completion to the Contractor when the OPT considers the Project to be substantially complete. The Certificate will include a tentative list of items to be corrected before Final Payment will be recommended. 6. Review the list and notify the Designer of any objections to items on the list within 10 days after receiving the Certificate of Substantial Completion. Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 21 of 22 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and 5. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30 – MISCELLANEOUS END OF SECTION Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services EXHIBIT D Page 22 of 22 AGENDA MEMORANDUM First Reading for the City Council Meeting of January 14, 2020 DATE: December 20, 2019 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Albert Quintanilla, P. E., Director of Street Operations Albertq@cctexas.com (361) 826-1957 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a construction contract to Haas -Anderson Construction, Ltd., for Park Road 22 Bridge construction in the amount of $13,943,536, the project is located in City Council District 4 and the contract will be effective upon issuance of notice to proceed, this project is included in the TIRZ#2 Project Plan and f unding is available from: Street Bonds 2004 and 2008, Tax Notes 2008; TIRZ#2 and FY 2020 Utility CIP. SUMMARY: This motion approves a construction contract with Haas-Anderson Construction, Ltd., for Park Road 22 Bridge construction in the amount of $13,943,536.00. BACKGROUND AND FINDINGS: On February 21, 2017, the TIRZ #2 Board met and approved an amendment to the Project & Financing Plan to use funds from TIRZ #2 to support the construction of two one-way bridges spanning Park Road 22. City Council approved this amendment on February 20, 2018. In April 2019, the TIRZ #2 Board, the North Padre Island Development Corporation and City Council approved the appropriation of $4,000,000 of TIRZ #2 funds for the construction of Park Road 22 Bridge. Construction Contract Award Park Road 22 Bridge (Bond 2018 Proposition 1 & 2) Diamond Beach Holdings, LLC (DBH) and Padre Island Holdings, LLC (PIH) are the current owners of land adjacent to the proposed location of the Park Road 22 Bridge. DBH and PIH are proposing to build a canal to create a water connection under the Park Road 22 Bridge and provide for connectivity from the existing canal system owned by the Padre Island Property Owners Association to the Packery Channel. A Developer Agreement for Park Road 22 Bridge was originally approved by City Council on April 23, 2019. That agreement lays out the requirements for the City to construct the proposed bridge and the Developer to construct the canal. The original agreement required the City to award the construction contract for the bridge after the Developer completed the canal construction. A revised agreement was approved by City Council on December 17, 2019. The revised agreement allows for the City to award the bridge construction contract prior to completion of the canal and issue a limited notice to proceed for purposes of exploring the potential for cost saving design modifications. PROJECT TIMELINE: 2021 O N D J F M A M J J A S O N D J 2020 Bid/Award Construction 2019 Project schedule reflects City Council award in February 2020 with anticipated completion in January 2021. COMPETITIVE SOLICITATION PROCESS On October 25, 2019, the City received bids from two bidders. The City analyzed the bids in accordance with the contract documents and determined Haas-Anderson Construction, Ltd. is the lowest responsive and responsible bidder. Haas- Anderson has successfully completed numerous City street projects. Due to the fact that the bids came in slightly higher than anticipated and the developer has to complete a certain amount of work before the contract for the bridge can be started, a limited notice to proceed will be issued to do a value engineering exercise to determine if there are cost savings that can be implemented. If that exercise is successful, a change order will be issued to reduce the cost and share the savings with the Contractor. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Haas-Anderson Ltd. Corpus Christi, TX $13,943,536.00 Bay Ltd. Corpus Christi, TX $16,125,100.50 Engineer’s opinion of probable construction cost $12,580,000.00 ALTERNATIVES: One alternative is not to award the construction contract to the low-bidder, Haas- Anderson Ltd., Corpus Christi, TX. A second alternative is to cancel the project. Neither alternative is recommended so the project may start with a limited notice to proceed. FISCAL IMPACT: The item proposes to award a construction contract Haas-Anderson Ltd., for Park Road 22 Bridge construction in the amount of $13,943,536, this project is included in the TIRZ#2 Project Plan and funding is available from: Street Bonds 2004 and 2008, Tax Notes 2008; TIRZ#2 and FY 2020 Utility CIP, the project is located in City Council District 4 and the contract will be effective upon issuance of notice to proceed. Street charges are $13,090,765.33 and utility charges are $852,770.67 FUNDING DETAIL: Fund: Packery Channel Project TIF 2 (Fund 3278) Mission Elem: Economic Development (ME 717) Project No.: Park Road 22 Bridge (Project #170062) Account: Construction (Account #550910) Activity: 170062-01-3278-EXP Amount: $6,884,815.66 Fund: Street 2005 General Obligation Bond 2004 (Fund 3541) Mission Elem: Maintain Pavement (ME 051) Activity: 170062-01-3541-EXP Amount: $1,074,676.91 Fund: Street 2007A General Obligation Bond 2004 (Fund 3544) Mission Elem: Maintain Pavement (ME 051) Activity: 170062-01-3544-EXP Amount: $223,072.21 Fund: Street 2008 Tax Note (Fund 3545) Mission Elem: Maintain Pavement (ME 051) Activity: 170062-01-3545-EXP Amount: $103,480.16 Fund: Street 2012 General Obligation Bond 2008 (Fund 3548) Mission Elem: Maintain Pavement (ME 051) Activity: 170062-01-3548-EXP Amount: $4,804,720.39 Fund: Storm Water 2020 (Fund 4532) Mission Elem: Drainage Infrastructure (ME 043) Activity: 170062-01-4532-EXP Amount: $178,643.95 Fund: Water 2020 (Fund 4099) Mission Elem: Distribute Water (ME 041) Activity: 170062-01-4099-EXP Amount: $625,042.32 Fund: Wastewater 2020 (Fund 4257) Mission Elem: W astewater Collection System (ME 042) Activity: 170062-01-4257-EXP Amount: $49,084.40 RECOMMENDATION: Staff recommends awarding the construction contract with a limited notice to proceed for the reconstruction of Park Road 22 Bridge to Haas- Anderson Ltd. Corpus Christi, TX in the amount of $13,943,536. The construction duration is planned for 12 months from issuance of the Notice to Proceed to begin construction in February 2020 to January 2021. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tab N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PARK ROAD 22 BRIDGE LOCATION MAP NOT TO SCALE Project Number: 6281 PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PARK ROAD 22 BRIDGE VICINITY MAP NOT TO SCALE Project Number: 6281 WHITECAP BLVD.PARK RD. 22361 PROJECT LOCATION SHLITTERBAHN TABULATION OF BIDSCONTRACTS AND PROCUREMENT ‐ CITY OF CORPUS CHRISTIContracts Admin: Sylvia ArriagaItemUNITESTIMATED QUANTITYUNIT PRICEEXTENDED AMOUNTUNIT PRICEEXTENDED AMOUNTA1 LS 1 690,000.00$ 690,000.00$ 618,000.00$ 618,000.00$ A2 Bonds and Insurance LS 1 118,000.00$ 118,000.00$ 97,000.00$ 97,000.00$ A3LS1100,000.00$ 100,000.00$ 65,000.00$ 65,000.00$ A4LS1150,000.00$ 150,000.00$ 276,450.00$ 276,450.00$ 1,058,000.00$ 1,056,450.00$ B1STA 20 2,550.00$ 51,000.00$ 12,500.00$ 250,000.00$ B2EA13,000.00$ 3,000.00$ 4,200.00$ 4,200.00$ B3SF1,42211.00$ 15,642.00$ 16.00$ 22,752.00$ B4SY 29,080 5.80$ 168,664.00$ 11.00$ 319,880.00$ B5CY 4,800 11.00$ 52,800.00$ 29.00$ 139,200.00$ B6CY 18,000 25.00$ 450,000.00$ 22.00$ 396,000.00$ B7SY 25,302 1.80$ 45,543.60$ 4.00$ 101,208.00$ B8SY 25,302 3.40$ 86,026.80$ 5.00$ 126,510.00$ B9SY 25,302 25.00$ 632,550.00$ 30.00$ 759,060.00$ B10GAL2,3483.45$ 8,100.60$ 2.00$ 4,696.00$ B11GAL5,8704.25$ 24,947.50$ 6.00$ 35,220.00$ B12SY 23,482 17.00$ 399,194.00$ 17.00$ 399,194.00$ B13SY 23,482 12.00$ 281,784.00$ 15.00$ 352,230.00$ B14LF 2,183 92.00$ 200,836.00$ 130.00$ 283,790.00$ B15LF32728.00$ 9,156.00$ 50.00$ 16,350.00$ B16 EA 23,640.00$ 7,280.00$ 7,000.00$ 14,000.00$ B17 EA 41,650.00$ 6,600.00$ 2,000.00$ 8,000.00$ B18 EA 21,650.00$ 3,300.00$ 1,400.00$ 2,800.00$ B19LS 1 18,800.00$ 18,800.00$ 26,000.00$ 26,000.00$ Bid Date: Friday ‐ October 25, 2019 Design Consultant: Urban EngineeringHaas‐Anderson Constr Ltd Bay Ltd1402 Holly Rd 401 Corn Products RdCC, TX 78417 CC, TX 78412PARK ROAD 22 BRIDGE BOND 2004 (REBID)PROJECT NO. 6281DESCRIPTIONMobilization Storm Water Pollution Prevention Part A ‐ GENERAL (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT)Prepare ROWRemove Concrete DrivewaysReplace Concrete DrivewaysExcavation (HMAC+Base 15")3" Hot Mix Asphaltic Concrete (1st Course)(TY B)2" Hot Mix Asphaltic Concrete (2nd Course)(TY D)Excavation (Canal)Embankment11.5" Limestone Base (TY A, GR 1)Tack CoatTraffic ControlCompacted Subgrade (12")GeogridSUBTOTAL PART A ‐ GENERAL (Items A1 thru A4)Part B ‐ STREET IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT)Railing (Type T‐223)Terminal Anchor Section ‐ MSKT‐MASH‐TL3StripingMetal Beam Guard Fence MBGF Transition with Thrie BeamDownstream Anchor TerminalPrime Coat Page 1 of 4 TABULATION OF BIDSCONTRACTS AND PROCUREMENT ‐ CITY OF CORPUS CHRISTIItemUNITESTIMATED QUANTITYUNIT PRICEEXTENDED AMOUNTUNIT PRICEEXTENDED AMOUNTDESCRIPTIONB20LS 1 14,700.00$ 14,700.00$ 16,500.00$ 16,500.00$ B21EA 18 9,200.00$ 165,600.00$ 16,000.00$ 288,000.00$ B22SY 2,500 50.00$ 125,000.00$ 44.00$ 110,000.00$ B23EA 52 1,085.00$ 56,420.00$ 1,400.00$ 72,800.00$ B24SY 34,126 0.45$ 15,356.70$ 0.75$ 25,594.50$ B25SY 34,126 0.65$ 22,181.90$ 1.00$ 34,126.00$ B26LS 1 45,000.00$ 45,000.00$ 95,000.00$ 95,000.00$ B27LS 1 45,000.00$ 45,000.00$ 95,000.00$ 95,000.00$ B28EA 5 1,000.00$ 5,000.00$ 300.00$ 1,500.00$ B29SF 14,480 16.00$ 231,680.00$ 30.00$ 434,400.00$ B30LS 1 500,000.00$ 500,000.00$ 500,000.00$ 500,000.00$ B31LS 1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 3,701,163.10$ 4,944,010.50$ C1 SF 7,130130.00$ 926,900.00$ 135.00$ 962,550.00$ C2 SF 4,712165.00$ 777,480.00$ 140.00$ 659,680.00$ C3 SF 2,044150.00$ 306,600.00$ 160.00$ 327,040.00$ C4SF20,967144.00$ 3,019,248.00$ 140.00$ 2,935,380.00$ C5 CY 13943.00$ 12,259.00$ 850.00$ 11,050.00$ C6 LF 3,532350.00$ 1,236,200.00$ 290.00$ 1,024,280.00$ C7 CY 661,000.00$ 66,000.00$ 1,350.00$ 89,100.00$ C8 CY 1031,000.00$ 103,000.00$ 1,250.00$ 128,750.00$ C9 LB 2,55016.00$ 40,800.00$ 30.00$ 76,500.00$ C10 LF 51292.00$ 47,104.00$ 130.00$ 66,560.00$ C11 LF 1,99620.00$ 39,920.00$ 45.00$ 89,820.00$ C12 CY 3,00073.00$ 219,000.00$ 100.00$ 300,000.00$ C13 CY 11,25073.00$ 821,250.00$ 99.00$ 1,113,750.00$ C14LS1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 7,625,761.00$ 7,794,460.00$ Part C - BRIDGE & RETAINING IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT)Light PolesDewatering South Bound BridgeDewatering North Bound BridgeOzone Advisory DaysGround Improvements (Allowance)Temporary Retaining WallAllowance for Unanticipated Street Improvements Seeding and Fertilizing (Roadway)Vegetative WateringSignsLow Profile Concrete Barriers Temporary Access and Detour RoadsSUBTOTAL PART B ‐ STREET IMPROVEMENTS (Items B1 thru B31) SUBTOTAL PART C ‐ BRIDGE & RETAINING IMPROVEMENTS (Items C1 thru C14)Precast Arch (36'x9.5')Structural Steel (Misc Non‐Bridge)Allowance for Unanticipated Bridge and Retaining Wall ImprovementsClass C Conc (Cap)Railing (TY T223)Pipe Under Drain Type 'A' Backfill Behind Walls and ArchesType 'D' Backfill Behind Walls and Arches Precast HeadwallsRetaining Wall (Special)Flowable BackfillDrill Shaft 36"Class C Conc (Abutment)Precast Arch (48'x11')Page 2 of 4 TABULATION OF BIDSCONTRACTS AND PROCUREMENT ‐ CITY OF CORPUS CHRISTIItemUNITESTIMATED QUANTITYUNIT PRICEEXTENDED AMOUNTUNIT PRICEEXTENDED AMOUNTDESCRIPTIOND1 LF 400908.00$ 363,200.00$ 2,000.00$ 800,000.00$ D2 SF 12,7008.60$ 109,220.00$ 9.00$ 114,300.00$ D3 LS 1136,687.30$ 136,687.30$ 215,000.00$ 215,000.00$ D4 SF 8,80012.00$ 105,600.00$ 10.00$ 88,000.00$ D5LS1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 724,707.30$ 1,227,300.00$ E1LF112111.00 12,432.00$ 15016,800.00$ E2 EA 23,920.00 7,840.00$ 40008,000.00$ E3LF333150.00 49,950.00$ 20066,600.00$ E4 EA 22,080.00 4,160.00$ 31006,200.00$ E5 EA 44,160.00 16,640.00$ 480019,200.00$ E6LF141266.00 37,506.00$ 330.00$ 46,530.00$ E7 EA 37,180.00 21,540.00$ 11,000.00$ 33,000.00$ E8LF5865.15 3,017.90$ 3.00$ 1,758.00$ E9 EA 3201.00 603.00$ 525.00$ 1,575.00$ E10 LS 11,400.00 1,400.00$ 3,200.00$ 3,200.00$ E11LS1 10,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 165,088.90$ 212,863.00$ F1 LF 400364.00$ 145,600.00$ 470.00$ 188,000.00$ F2 LF 400364.00$ 145,600.00$ 470.00$ 188,000.00$ F3 LF 769174.00$ 133,806.00$ 240.00$ 184,560.00$ F4 EA 410,900.00$ 43,600.00$ 13,000.00$ 52,000.00$ F5 EA 21,450.00$ 2,900.00$ 2,200.00$ 4,400.00$ F6 EA 81,730.00$ 13,840.00$ 2,500.00$ 20,000.00$ F7 LF 40300.00$ 12,000.00$ 350.00$ 14,000.00$ F8 EA 416,900.00$ 67,600.00$ 21,000.00$ 84,000.00$ Pedestrian LightingSUBTOTAL PART D ‐ CANAL BULKHEAD & WALKS IMPROVEMENTS (D1 THRU D5)Part E ‐ STORM WATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT)18" Reinforced Concrete PipePart D ‐ CANAL BULKHEAD & WALKS IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT)Allowance for Unanticipated Storm Water ImprovementsSUBTOTAL PART E ‐ STORM WATER IMPROVEMENTS (E1 THRU E11)Part F ‐ WATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT)12" PVC C‐9002" Combination Air Release Valves16"x45° D. I. BendAllowance for Unanticipated Canal Bulkhead & Walks ImprovementsBulkhead and Tie‐BackArticulated Concrete Block MatsSidewalkSafety End Treatment Double 18" Pipe24" Reinforced Concrete PipeSafety End Treatment 24" PipeSafety End Treatment Double 24" Pipe Confined Space Entry16" Fused PVC Directional Drill (East Row)16" Fused PVC Directional Drill (West Row)16" PVC C‐90516" Gate Valve36" Reinforced Concrete PipeOSHA Inet/Manhole SafetyOSHA Trench Safety5x5 Inlet Junction Box w/4x4 Grate16"x12" ReducerPage 3 of 4 TABULATION OF BIDSCONTRACTS AND PROCUREMENT ‐ CITY OF CORPUS CHRISTIItemUNITESTIMATED QUANTITYUNIT PRICEEXTENDED AMOUNTUNIT PRICEEXTENDED AMOUNTDESCRIPTIONF9 LF 8093.30$ 2,669.70$ 13.00$ 10,517.00$ F10 LS 110,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 577,615.70$ 755,477.00$ G1LF 130 143.00$ 18,590.00$ 190.00$ 24,700.00$ G2LF 430 39.00$ 16,770.00$ 48.00$ 20,640.00$ G3 LS 110,000.00$ 10,000.00$ 10,000.00$ 10,000.00$ 45,360.00$ 55,340.00$ H1 LF 1,600$17.00 27,200.00$ 36.00$ 57,600.00$ H2 EA 4$2,160.00 8,640.00$ 2,900.00$ 11,600.00$ H3LS1 10,000.00$ $10,000.00 10,000.00$ 10,000.00$ $45,840.00 $79,200.00Part I ‐ ADDITIVE/DEDUCTIVE ALTERNATE TO REDUCE RETAINING WALLS (per SECTION 01 23 10 ALTERNATES AND ALLOWANCES)AA1SF (20,967)NO BID NO BID 135.14$ (2,833,480.38)$AA2LS 1NO BID NO BID1,108,786.00$ 1,108,786.00$ AA3LS 1NO BID NO BID 212,500.00$ 212,500.00$ AA4LS 1NO BID NO BID 212,500.00$ 212,500.00$ AA5LS 1NO BID NO BID 12,500.00$ 12,500.00$ AA6 LS 1NO BID NO BID 2,500.00$ 2,500.00$ AA7 LS 1NO BID NO BID 3,500.00$ 3,500.00$ SUBTOTAL PART I ‐ ADDITIVE/DEDUCTIVE ALTERNATE (IAA1 THRU AA7) NO BID (1,281,194.38)$ 13,943,536.00$ 16,125,100.50$ $13,943,536.0014,843,906.12$ *Bidders extended totals have been adjusted on bid tab ‐ Item AA1 in Part I is a deduct item, bid tab reflects AA1 deducted from Subtotal Part I as intended. TOTAL PROJECT BASE BID (PARTS A THRU H)Part G ‐WASTEWATER IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT)SUBTOTAL PART G ‐ WASTEWATER IMPROVEMENTS (G1 THRU G3)SUBTOTAL PART F ‐ WATER IMPROVEMENTS (F1 THRU F10)SUBTOTAL PART H ‐ CONDUIT FOR MIS IMPROVEMENTS (H1 THRU H3)Additional Select FillAdditional Sloped EmbankmentRetaining Wall (SPECIAL)Additional Underground Storm Water ImprovementsDeduct Item C4 ‐ Retaining Wall (SPECIAL)Additional Seeding and Fertilizing Additional Vegetative WateringTOTAL BASE BID + ADDITIVE/DEDUCTIVE ALTERNATE (AA1 THRU AA7)Allowance for Unanticipated Conduit for MIS ImprovementsPart H ‐ CONDUIT FOR MIS IMPROVEMENTS (per SECTION 01 29 01 MEASUREMENT AND BASIS FOR PAYMENT)OSHA Trench SafetyAllowance for Unanticipated Water ImprovementsRemove and Dispose of 15" VCPGrout in Place 15" VCPAllowance for Unanticipated Wastewater Improvements2" ConduitPull BoxesPage 4 of 4 DATE: December 18, 2019 TO: Peter Zanoni, City Manager THRU: Keith Selman, Assistant City Manager KeithSe@cctexas.com 361.826.3898 Jermel Stevenson, Director, Parks and Recreation Department JermelS@cctexas.com 361.826.3464 FROM: Esther Velazquez, Assistant to the Director, Parks and Recreation Department EstherV@cctexas.com 361.826.3093 CAPTION: Resolution approving the amended guidelines for the American Bank Center Arena Marketing/Co-Promotion Fund granting the City Manager approval authority for the annual amount of $650,000 as approved by the Corpus Christi Business and Job Development Corporation (Type A). SUMMARY: The purpose of this item is to streamline the approval process for the Arena Marketing/Co- Promotion Fund expenditures through a revision of the guidelines to give approval authority to the City Manager or designee. BACKGROUND AND FINDINGS: On June 30, 2009 City Council approved the establishment of the Arena Marketing/Co- Promotion Fund and authorized the Corpus Christi Business and Job Development Corporation (Type A Board) to use adopted guidelines which set the amount and control how the funds may be used. During the budget process, the Type A Board approves the annual amount of marketing funds for the upcoming fiscal year and individual expenditures must be brought before the Type A Board for approval. In the table below are pertinent Arena Marketing/Co-Promotion Fund actions: AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2020 Amending Arena Marketing/Co-Promotion Fund Guidelines DATE ACTION June 30, 2009 Establishment of $500,000 Arena Marketing and Co-Promotion Fund April 16, 2012 Annual amount increased to $600,000 and City Manager given authority to approve up to $100,000 of the $600,000 for short notice events October 19, 2015 City Manager’s approval authority increased up to $200,000 June 25, 2018 Annual amount increased to $650,000 On November 11, 2019 the Type A Board directed staff to bring forward an action item amending the guidelines giving the City Manager the authority to approve the full annual amount. The proposed guidelines contain edits which include various updates that are housekeeping in nature and the language in the Fund Authorization section has been edited to give the City Manager $650,000 funding approval. Staff believes these changes will make the approval process more efficient and enable ASM Global to leverage the funds to attract more shows, which will have a positive impact upon the Arena’s financials. On December 9, 2019 the Type A Board approved the proposed amendments to the guidelines. ALTERNATIVES: City Council may choose to leave the guidelines as currently written. However, the recommended changes will provide greater efficiencies while enabling ASM Global to leverage the funds to attract more shows. FISCAL IMPACT: Revising the guidelines has no fiscal impact. Funding Detail: Fund: 4710 Organization/Activity: 13615 Mission Element: 734 Project # (CIP Only): n/a Account: 530210 RECOMMENDATION: Staff recommends approval of this item to amend the guidelines for the American Bank Center Arena Marketing/Co-Promotion Fund. Type A Board approved the proposed amendments to the guidelines on December 9, 2019. LIST OF SUPPORTING DOCUMENTS: Resolution Proposed Guidelines REDLINED Proposed Guidelines CLEAN Resolution #028224 Page 1 of 5 Resolution approving the amended guidelines for the American Bank Center Arena Marketing/Co-Promotion Fund granting the City Manager approval authority for the annual amount of $650,000 as approved by the Corpus Christi Business and Job Development Corporation (Type A). WHEREAS, on June 30, 2009, the City Council of the City of Corpus Christi authorized the creation of the American Bank Center Arena Marketing/Co -Promotion Fund; WHEREAS, the resolution that authorized the creation of the American Bank Center Arena Marketing/Co-Promotion Fund also approved the guidelines for the use of the fund as approved by the Corpus Christi Business and Job Development Corporation Board (the “Type A Board”); WHEREAS, on December 9, 2019, the Type A Board approved amended guidelines for the American Bank Center Area Marketing/Co -Promotion Fund, which authorize the City Manager to approve all individual uses of the fund; and WHEREAS, City Council approval is required before the amended guideline can go into effect. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council authorizes the amendment to the Guidelines for the American Bank Center Arena Marketing/ Co-Promotion Fund, as adopted by the Type A Board on December 9, 2019. A copy of the amended guidelines is attached hereto as Exhibit A and incorporated herein. Page 2 of 5 PASSED AND APPROVED this _____ day of __________________, 2020: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 5 EXHIBIT A AMERICAN BANK CENTER ARENA MARKETING/CO-PROMOTION FUND MISSION -- The Marketing/Co-Promotion Fund is designed to assist the Corpus Christi American Bank Center in promoting, retaining, securing, and hosting sport related tenants, concerts, attractions, and other events at the American Bank Center Arena ("Arena") that generate a positive economic impact for the City of Corpus Christi. Objective -- To provide funding to the American Bank Center Arena to offset event related expenses incurred for the purpose of attracting business to the Arena, such as: tenant leases, conventions, concerts, and other events and business opportunities. The Marketing/Co-Promotion Fund allows the Arena to actively create events. The creation of these events can be achieved in several ways: 1) Creating Events- Example: Summer Concert Series 2) Buying Talent and serving as the promoter of the event - 100% Risk/Reward 3) Co-Promoting an event with an event promoter-50% Risk/Reward 4) Providing additional financial incentives to attract an event-not to exceed $50,000.00 per event Fund Uses --Potential use of these funds may vary. Some of the anticipated uses for this fund assistance include, but are not limited to: • Underwriting/subsidy for rental space at the Arena. • Underwriting/subsidy for additional services at the Arena, e.g., security, parking, audio/visual equipment. • Financial support for requirements in the bidding process e.g. sporting events, special events, etc. • Marketing support. • Underwriting/sponsorship of special FAM trips or site visits for potential clients for the Arena. • Assisting in defraying the cost of shuttle bus service between hotels and the Arena for appropriate business. Fund assistance will be offered only when trying to secure new, and retain existing, future business for the Arena. Fund assistance will NOT be offered if Page 4 of 5 not necessary to secure business nor will funds be paid directly to any event organizer or tenant. A standard ASM Global Pro Forma will be submitted to City Manager, or designee, prio r to Marketing/Co-Promotion Fund dollars being committed. This document will attempt to indicate the “Worst Case” and “Best Case” financial outcomes of the proposed event. Under no circumstances is this document meant to be a guarantee of the success of the event. As with any business venture, there will be risks involved. It is the intent of ASM Global to identify risks, and mitigate the risks that are within management’s control. Fund Authorization -- The annual funding will be approved by the City Council and the Corpus Christi Business and Job Development Corporation as part of the annual budget process. Additional funding requested after the budget is approved will require approval of the Corporation and the City Council. The City Manager, or designee, shall approve the funding of each individual use request when it meets all specified guidelines. Payment Disbursements --Fund assistance payments will be monitored and disbursed by the City of Corpus Christi to the American Bank Center. Qualifying for Funds -- To qualify for funds the following must be considered: • The group considered for funding must hold an event and catering functions at the Arena. • The event must cause a significant or positive economic impact in Corpus Christi. • The level of support approved will take into account type of business: new, repeat, weekend, holiday, future meeting potential, etc. • Any unpaid invoice balance for the related service (difference between Marketing/Co-Promotion Fund contribution and vendor’s total bill) is the responsibility of the client. • Both parties of this agreement must endorse approval of an event’s application for the Marketing/Co- Promotion Fund for the funds to be dedicated. Funding Source -- The funding source for Marketing/Co-Promotion Fund will come from the Type-A Board annual contribution to the City, and may not be considered separate and apart from any other City funding allocated to the American Bank Center. The annual fund level will be $650,000 until changed with the approval of t he Board and City Council. Unused funds from the prior fiscal year will, if financially feasible, be rolled over into the Marketing/Co-Promotion Fund account. The City of Corpus Christi shall retain fiscal control of Page 5 of 5 these funds until reimbursement is made to American Bank Center Arena. Reporting -- A report on how the funds have been used will be provided to the Board bi-annually. Evaluation – The adequacy of the current funding levels needed to accomplish the mission and objectives stated above shall be evaluated every three years Arena Marketing & Co-Production Fund 05272009 Arena Marketing/Co-Promotion Fund 12092019 1 AMERICAN BANK CENTER ARENA MARKETING/CO-PROMOTION FUND MISSION -- The Marketing/Co-Promotion Fund is designed to assist the Corpus Christi American Bank Center in promoting, retaining, securing, and hosting sport related tenants, concerts, attractions, and other events at the American Bank Center Arena ("Arena") that generate a positive economic impact for the City of Corpus Christi. Objective -- To provide funding to the American Bank Center Arena to offset event related expenses incurred for the purpose of attracting business to the Arena, such as: tenant leases, conventions, concerts, and other events and business opportunities. The Marketing/Co-Promotion Fund allows the Arena to actively create events. The creation of these events can be achieved in several ways: 1) Creating Events- Example: Summer Concert Series 2) Buying Talent and serving as the promoter of the event- 100% Risk/Reward 3) Co-Promoting an event with an event promoter-50% Risk/Reward 4) Providing additional financial incentives to attract an event-not to exceed $50,000 per event Fund Uses --Potential use of these funds may vary. Some of the anticipated uses for this fund assistance include, but are not limited to: • Underwriting/subsidy for rental space at the Arena. • Underwriting/subsidy for additional services at the Arena, e.g., security, parking, audio/visual equipment. • Financial support for requirements in the bidding process e.g. sporting events, special events, etc. • Marketing support. • Underwriting/sponsorship of special FAM trips or site visits for potential clients for the Arena. • Assisting in defraying the cost of shuttle bus service between hotels and the Arena for appropriate business. Fund assistance will be offered only when trying to secure new, and retain existing, future business for the Arena. Fund assistance will NOT be offered if Arena Marketing & Co-Production Fund 05272009 Arena Marketing/Co-Promotion Fund 12092019 2 not necessary to secure business nor will funds be paid directly to any event organizer or tenant. A standard SMGASM Global Pro Forma will be submitted to City officials Manager, or designee, prior to Marketing/Co-Promotion Fund dollars being committed. This document will attempt to indicate the “Worst Case” and “Best Case” financial outcomes of the proposed event. Under no circumstances is this document meant to be a guarantee of the success of the event. As with any business venture, there will be risks involved. It is the intent of SMGASM Global to identify risks, and mitigate the risks that are within management’s control. Fund Authorization -- The board of the Corpus Christi Business and Job Development Corporation will have the authority to approve the annual fundingThe annual funding will be approved by the City Council and the Corpus Christi Business and Job Development Corporation as part of the annual budget process. Additional funding requested after the budget is approved will require approval of the Corporation and the City Council. The City Manager, or designee, shall approve the funding of each individual use when a request when it meets all specified guidelines. A majority vote is required to approve any expenditures from the fund. Payment Disbursements --Fund assistance payments will be monitored and disbursed by the City of Corpus Christi to the American Bank Center. Qualifying for Funds -- To qualify for funds the following must be considered: • The group considered for funding must hold an event and catering functions at the Arena. • The event must cause a significant or positive economic impact in Corpus Christi. • The level of support approved will take into account type of business: new, repeat, weekend, holiday, future meeting potential, etc. • Any unpaid invoice balance for the related service (difference between Marketing/Co-Promotion Fund contribution and vendor’s total bill) is the responsibility of the client. • Both parties of this agreement must endorse approval of an event’s application for the Marketing/Co- Promotion Fund for the funds to be dedicated. Arena Marketing & Co-Production Fund 05272009 Arena Marketing/Co-Promotion Fund 12092019 3 Funding Source -- The funding source for Marketing/Co-Promotion Fund will come from the 4Type-A Board annual contribution to the City, and may not be considered separate and apart from any other City funding allocated to the American Bank Center. The initialannual fund level will be $50650,000 until changed with the approval of the Board and City Council. Unused funds from the prior fiscal year will, if financially feasible, be rolled over into the Marketing/Co-Promotion Fund account. The City of Corpus Christi shall retain fiscal control of these funds until reimbursement is made to American Bank Center Arena. Reporting -- A report on how the funds have been used will be provided to the Board bi-annually. Evaluation –-Every three years after the initial execution of this agreement the signatories to this agreement shall evaluate tThe adequacy of the current funding levels needed to accomplish the mission and objectives stated above shall be evaluated every three years. Arena Marketing/Co-Promotion Fund 12092019 1 AMERICAN BANK CENTER ARENA MARKETING/CO-PROMOTION FUND MISSION -- The Marketing/Co-Promotion Fund is designed to assist the Corpus Christi American Bank Center in promoting, retaining, securing, and hosting sport related tenants, concerts, attractions, and other events at the American Bank Center Arena ("Arena") that generate a positive economic impact for the City of Corpus Christi. Objective -- To provide funding to the American Bank Center Arena to offset event related expenses incurred for the purpose of attracting business to the Arena, such as: tenant leases, conventions, concerts, and other events and business opportunities. The Marketing/Co-Promotion Fund allows the Arena to actively create events. The creation of these events can be achieved in several ways: 1)Creating Events- Example: Summer Concert Series 2)Buying Talent and serving as the promoter of the event- 100% Risk/Reward 3)Co-Promoting an event with an event promoter-50% Risk/Reward 4)Providing additional financial incentives to attract an event-not to exceed $50,000 per event Fund Uses --Potential use of these funds may vary. Some of the anticipated uses for this fund assistance include, but are not limited to: •Underwriting/subsidy for rental space at the Arena. •Underwriting/subsidy for additional services at the Arena, e.g., security, parking, audio/visual equipment. •Financial support for requirements in the bidding process e.g. sporting events, special events, etc. •Marketing support. •Underwriting/sponsorship of special FAM trips or site visits for potential clients for the Arena. •Assisting in defraying the cost of shuttle bus service between hotels and the Arena for appropriate business. Fund assistance will be offered only when trying to secure new, and retain existing, future business for the Arena. Fund assistance will NOT be offered if Arena Marketing/Co-Promotion Fund 12092019 2 not necessary to secure business nor will funds be paid directly to any event organizer or tenant. A standard ASM Global Pro Forma will be submitted to City Manager, or designee, prior to Marketing/Co-Promotion Fund dollars being committed. This document will attempt to indicate the “Worst Case” and “Best Case” financial outcomes of the proposed event. Under no circumstances is this document meant to be a guarantee of the success of the event. As with any business venture, there will be risks involved. It is the intent of ASM Global to identify risks, and mitigate the risks that are within management’s control. Fund Authorization --The annual funding will be approved by the City Council and the Corpus Christi Business and Job Development Corporation as part of the annual budget process. Additional funding requested after the budget is approved will require approval of the Corporation and the City Council. The City Manager, or designee, shall approve the funding of each individual use request when it meets all specified guidelines. Payment Disbursements --Fund assistance payments will be monitored and disbursed by the City of Corpus Christi to the American Bank Center. Qualifying for Funds --To qualify for funds the following must be considered: •The group considered for funding must hold an event and catering functions at the Arena. •The event must cause a significant or positive economic impact in Corpus Christi. •The level of support approved will take into account type of business: new, repeat, weekend, holiday, future meeting potential, etc. •Any unpaid invoice balance for the related service (difference between Marketing/Co-Promotion Fund contribution and vendor’s total bill) is the responsibility of the client. •Both parties of this agreement must endorse approval of an event’s application for the Marketing/Co- Promotion Fund for the funds to be dedicated. Funding Source -- The funding source for Marketing/Co-Promotion Fund will come from the Type-A Board annual contribution to the City, and may not be considered separate and apart from any other City funding allocated to the American Bank Center. The annual fund level will be $650,000 until changed with the approval of the Board and City Council. Unused funds from the prior fiscal year will, if financially Arena Marketing/Co-Promotion Fund 12092019 3 feasible, be rolled over into the Marketing/Co-Promotion Fund account. The City of Corpus Christi shall retain fiscal control of these funds until reimbursement is made to American Bank Center Arena. Reporting --A report on how the funds have been used will be provided to the Board bi-annually. Evaluation –-The adequacy of the current funding levels needed to accomplish the mission and objectives stated above shall be evaluated every three years RESOLUTION APPROVING THE ESTABLISHMENT OF THE AMERICAN BANK CENTER ARENA MARKETING/CO-PROMOTION FUND AND THE GUIDELINES FOR THE AMERICAN BANK CENTER ARENA MARKETING/CO-PROMOTION FUND ADOPTED BY THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION WHEREAS, the FY 2009-2010 Budget of the Corpus Christi Business and Job Development Corporation ("4A Board") provides for the appropriation of $500,000 to establish adopted Guidelines for the American Bank Center Arena Marketing/Co- Promotion Fund; and WHEREAS, the 4A Board adopted Guidelines for the American Bank Center Arena Marketing/Co-Promotion Fund, which control how the funds may be used to support the operation of the American Bank Center Arena; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Subject to the final approval of the FY 2009-2010 Budget of the Corpus Christi Business and Job Development Corporation by the City Council, the City Council approves the establishment of the American Bank Center Arena Marketing/ Co -Promotion Fund. SECTION 2. The City Council authorizes the 4A Board to use the Guidelines for the American Bank Center Arena Marketing/Co-Promotion Fund, as adopted by the 4A Board on June 15, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chaps Joe Adrabil 11 City Secretary Mayor APPROVED: 23rd day of June, 2009. R. JfR ning First A sistant City Attorney For City Attorney 28224 Resolution -- Arena Marketing & Co -Production Fund 06182009 2 Corpus Christi, Texas of 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott 28224 Resolution -- Arena Marketing & Co -Production Fund 06182009 AMERICAN BANK CENTER ARENA MARKETING/CO-PROMOTION FUND MISSION -- The Marketing/Co-Promotion Fund is designed to assist the Corpus Christi American Bank Center in promoting, retaining, securing, and hosting sport related tenants, concerts, attractions, and other events at the American Bank Center Arena ("Arena") that generate a positive economic impact for the City of Corpus Christi. Objective -- To provide funding to the American Bank Center Arena to offset event related expenses incurred for the purpose of attracting business to the Arena, such as: tenant leases, conventions, and other events and business opportunities. The Marketing/Co-Promotion Fund allows the Arena to actively create events. The creation of these events can be achieved in several ways: 1) Creating Events- Example: Summer Concert Series 2) Buying Talent and serving as the promoter of the event -100% Risk/Reward 3) Co -Promoting an event with an event promoter -50% Risk/Reward Fund Uses -- Potential use of these funds may vary. Some of the anticipated uses for this fund assistance include, but are not limited to: Underwriting/subsidy for rental space at the Arena. Underwriting/subsidy for additional services at the Arena, e.g., security, parking, audio/visual equipment. Financial support for requirements in the bidding process e.g. sporting events, special events, etc. Marketing support. Underwriting/sponsorship of special FAM trips or site visits for potential clients for the Arena. Assisting in defraying the cost of shuttle bus service between hotels and the Arena for appropriate business. Fund assistance will be offered only when trying to secure new, and retain existing, future business for the Arena. Fund assistance will NOT be offered If not necessary to secure business nor will funds be paid directly to any event organizer or tenant. Arena%20Marketfng%20%20%2000%2DProduction%2oFund%200601200911 ] A standard SMG Pro Forma will be submitted to City officials prior to Marketing/Co- Promotion Fund dollars being committed. This document will attempt to indicate the Worst Case" and "Best Case" financial outcomes of the proposed event. Under no circumstances is this document meant to be a guarantee of the success of the event. As with any business venture, there will be risks involved. It is the intent of SMG to identify risks, and mitigate the risks that are within management's control. Fund Authorization -- The board of the Corpus Christi Business and Job Development Corporation will have the authority to approve funding when a request meets all specified guidelines. A majority vote is required to approve any expenditures from the fund. Payment Disbursements --Fund assistance payments will be monitored and disbursed by the City of Corpus Christi to the American Bank Center. Qualifying for Funds -- To qualify for funds the following must be considered: The group considered for funding must hold an event and catering functions at the Arena. The event must cause a significant or positive economic impact in Corpus Christi. The level of support approved will take into account type of business: new, repeat, weekend, holiday, future meeting potential, etc. Any unpaid invoice balance for the related service difference between Marketing/Co-Promotion Fund contribution and vendor's total bill) is the responsibility of the client. Both parties of this agreement must endorse approval of an event's application for the Marketing/Co- Promotion Fund for the funds to be dedicated. Funding Source -- The funding source for Marketing/Co-Promotion Fund will come from the 4-A Board annual contribution to the City, and may not be considered separate and apart from any other City funding allocated to the American Bank Center. The initial fund level will be 500,000. Unused funds from the prior fiscal year will, if financially feasible, be rolled over into the Marketing/Co-Promotion Fund account. The City of Corpus Christi shall retain fiscal control of these funds until reimbursement is made to American Bank Center Arena. Arena%20Marketlng%20%28%20Do%2DProduction%20Fund%200801200911 ] Evaluation — Every three years after the initial execution of this agreement the signatories to this agreement shall evaluate the adequacy of the current funding levels to accomplish the mission and objectives stated above. Arena%20MadcetIng%20%26%20Co%2DProductlon%20Fund%2000012008[1] DATE: December 26, 2019 TO: Peter Zanoni, City Manager FROM: Arlene Medrano, Business Liaison ArleneM@cctexas.com (361)826-3356 CAPTION: Motion authorizing Amendment No. 1 to the Agreement between the Corpus Christi Business and Job Development Corporation (Type A Board) and the City of Corpus Christi for a total amount of $125,000 for economic development services provided to the Type A Board by the Corpus Christi Regional Economic Development Corporation (CCREDC) and renewing annually with funding available through the FY 2020 Type A Economic Development Funds. SUMMARY: The purpose of this item is to approve the first amendment to a professional services agreement between the Corpus Christi Business and Job Development Corporation (Type A Board) and the City of Corpus Christi for the management of the Type A Board’s Business and Job Development Incentive Program by the Corpus Christi Regional Economic Development Corporation (CCREDC). BACKGROUND AND FINDINGS: On July 15, 2019, the Type A Board approved the FY 2020 Type A Operating Budget with a $125,000 line item for funding for this agreement between the Type A Board and the City for management of the Type A Board’s economic development incentive programs. The City will provide specific and measurable services for the Type A Board which they (the City) will be reimbursed $125,000 annually. The City does contract service to the CCREDC. Those services include the following: 1. Service as the conduit for all primary/base employers interested in local assistance from Type A 2. 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 3. Suggest a proposed deal structure for each project 4. Preparation of an economic and fiscal impact analysis of the project 5. An analysis of the company's financial strength relative to industry standards 6. Development of the necessary performance agreements 7. Annual performance audits (compliance testing) and report of the findings to Type A 8. Preparation of proposals for all small business assistance programs 9. Processing of all invoices for payment Amendment No. 1 to the Agreement between the Corpus Christi Business and Job Development Corporation (Type A Board) and the City of Corpus Christi for a total amount of $125,000 for economic development services provided to the Type A Board AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2020 10. Annual budget for small business assistance programs 11. Preparation of proposals for all education and job training skills development projects 12. Annual budget for education and skills development projects On September 17, 2018, the Type A Board approved an agreement with the City for services covering fiscal year 2019 and included an auto renewal statement. On December 4, 2018, the City Council approved an agreement that should have been identical, but due to a document management error, the incorrect version of the agreement was executed. This version did not include the automatic renewal language. This Amendment No. 1 provides the corrections to the agreement to match what was approved by the Type A Board on September 17, 2018. ALTERNATIVES: The Type A Board approved an agreement with the City for economic development services on September 17, 2018 that automatically renews annually with budgeted funds. City Council may choose to reject or amend this agreement which would then need to go back to the Type A Board for consideration. However, the CCREDC has submitted an invoice for payment for work completed in the 1st quarter of FY2020 and their payment is pending approval of this agreement. FISCAL IMPACT: The FY2020 Budget includes a Business & Job Development Fund, Economic Development Line Item in the amount of $125,000 for this contract. The Type A Economic Development Fund has an uncommitted fund balance of $5,031,615. FUNDING DETAIL: Fund: 1140 – Type A Organization/Activity: 14700- Economic Development Mission Element: 707- Economic Development Project # (CIP Only): N/A Account: 530000- Professional Services RECOMMENDATION: Staff recommends that City Council approve the agreement to allow the CCREDC to continue to contract with the City of Corpus Christi to provide management of incentive programs to the Type A Board. LIST OF SUPPORTING DOCUMENTS: Type A Agreement with City of Corpus Christi– CCREDC Program Management and Funding AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND CITY OF CORPUS CHRISTI FOR MANAGEMENT OF BUSINESS AND JOB DEVELOPMENT INCENTIVE PROGRAM Whereas, the City of Corpus Christi (the “City”) and the Corpus Christi and Business and Job Development Corporation (the “Corporation”) entered into an agreement with a term beginning October 1, 2018 in which the City agreed to provide services to the Corporation in the form of management of the Business and Job Development incentives (the “Agreement”); Whereas, an error was made in the version of the Agreement approved by City Council, which led to the execution of a version of the Agreement th at did not include language that was included in the version approved by the Corporation; and Whereas, the Parties wish to the correct the Agreement to match the version approved by the Corporation and memorialize the original intent of the Parties in drafting the Agreement. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: I. Section 2. Payments is hereby amended to add the following language to the end of the section: “For renewal years, the City will request reimbursement in the annual budget process. The budget will be approved by the Board and the City Council.” II. Section 4. Term is hereby deleted in its entirety and replaced with the following language: “Term. The term of this Agreement is for one year beginning October 1, 2018 and expiring on September 30, 2019. This Agreement will automatically renew for successive one-year terms, ending on September 30 of each year, unless terminated as provided in this Agreement.” III. Section 5. Termination is hereby amended to add the following language to the end of the section: “Prior to the expiration of the initial term or any renewal term, either party may terminate this Agreement by providing 90 days’ written notice of non - renewal to the other party.” Page 2 of 2 The Corporation 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. ____________________ __________ APPROVED AS TO LEGAL FORM: Scott Harris Date President Corpus Christi Business and Job Development _______________________________ Corporation Assistant City Attorney Date ____________________ _________ Constance Sanchez Date Chief Financial Officer City of Corpus Christi DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361)-826-1874 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361)-826-3169 CAPTION: Motion authorizing a one-year service agreement for an amount not to exceed $281,137, with an additional one-year option for a total potential value of $562, 274, with Raftelis Financial Consultants, Inc. of Austin, Texas, for support with the final stages of development and implementation of a Stormwater fee, effective upon issuance of a notice to proceed, with FY 2020 funding of $281,137 available through the Stormwater Fund. SUMMARY: This motion authorizes a service agreement to support the final stages of development and implementation of a fee structure which will create a new method of financially supporting the cost of owning and maintaining the City’s stormwater system . BACKGROUND AND FINDINGS: The City of Corpus Christi’s stormwater system contains over 730 miles of channels, ditches and underground storm water pipes. The City is served by a stormwater system that is completely regulated as a Municipal Separate Storm Sewer System (MS4). Prior to 1989, the City of Corpus Christi f unded storm water management and operations through the General Fund. Since 1989, stormwater management and operations have been funded through revenue generated through the water rate. Stormwater Utility Fee Implementation AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2020 The stormwater utility rate structure will be developed utilizing p roven industry standards. Proposed changes to current ordinances will comply with Texas Local Government Code Chapter 552 which permits municipalities to establish a drainage (stormwater) utility system and related fees or charges. Emphasis will be placed on public outreach and key stakeholder engagement to ensure the project’s success. The scope of work does not include program and organization review, or the determination of revenue requirements for Stormwater operations and programs for the City of Corpus Christi. The Contracts and Procurement Department conducted a competitive Request for Proposals process to obtain proposals from qualified firms to provide stormwater utility fee implementation services. The City received four proposals and evaluated them against the published criteria. Representatives from Utilities, Development Services and Contracts and Procurement considered two firms as finalists, interviews were conducted, and pricing was evaluated. The final scores were tabulated for each firm to determine the highest-ranking firm offering the best value to the City. Staff is recommending award to Raftelis Financial Consultants, Inc. as the highest-ranking firm. ALTERNATIVES: An alternative to approving this item is to continue to recover the cost of the stormwater system operations and debt service through the water rate. FISCAL IMPACT: Funds for this project were budgeted in Fiscal Year 2020. Funds are available in the Stormwater Fund for this Service Agreement with Raftelis Financial Consultants, Inc. for an amount not to exceed $281,137 in FY2020. Funding Detail: Fund: 4300 Stormwater Fund Organization/Activity: 32006 Stormwater Treatment Mission Element: 043 Project # (CIP Only): N/A Account: 530000 Professional services RECOMMENDATION: Staff recommends approval of this motion authorizing a one-year with one additional one- year option service agreement with Raftelis Financial Consultants, Inc. for development and implementation of a Stormwater fee which will replace the current method of financially supporting the cost of owning and maintaining the City’s stormwater system as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement RFP 2556 - Stormwater Utility Fee Implementation Buyer: Clarissa Johnson Proposal Evaluation Max Points Available Freese and Nichols, Inc. HDR Engineering, Inc. Raftelis Financial Consultants, Inc. Stantec Consulting Services, Inc. Minimum Qualifications Pass/Fail PASS PASS PASS PASS Required five years in business Pass √√√√ No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years Pass √√√√ No outstanding regulatory issues last 5 years Pass √√√√ References Provided for firm Pass √√√√ Technical Proposal Technical Proposal (50 points maximum)50 39.6 40.8 45.4 42.0 Firm's Experience 8 Experience on projects of similar scope and complexity Demonstrated capability/capacity on comparable projects Past Performance and Reference Checks Team Member Experience 28 Team members with experience and qualifications Team members experience with work of similar scope and complexity Understanding of Project Scope 14 Comprehensive experience in storm water utility fee development and rate setting in the state of Texas Comprehensive experience in effective public outreach and education for the implementation of a storm water utility rate, including working with an appointed stakeholder group. Interview Interview (30 points maxmimum)30 0.0 0.0 26.6 29.2 Firm's Experience 4 Demonstrated Experience providing these Services of similar scope and complexity Team Identification 14 Team members with experience and qualifications Understanding of Project Scope 12 Demonstrated understanding of scope of services Knowledge of Similar Services; Capability to perform work Price Price (20 points maximum)20 0.0 0.0 20.0 12.2 Total 100 39.6 40.8 92.0 83.4 Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form July 11, 2019 SERVICE AGREEMENT NO. 2556 Stormwater Utility Fee Implementation THIS Stormwater Utility Fee Implementation Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Raftelis Financial Consultants, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Stormwater Utility Fee Implementation in response to Request for Bid/Proposal No. 2556 (“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 Stormwater Utility Fee Implementation (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2.Term. This Agreement is for one year, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to one additional one-year period (“Option Period(s)”), provided, the parties do so by written amendment 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 $281,137.00, 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. Contractor shall invoice no more frequently than once per month. 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. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form July 11, 2019 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: Reba George Water Utilities (361) 826-1648 RebaG@cctexas.com 5. Insurance; Bonds. (A)Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B)In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form July 11, 2019 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 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. Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form July 11, 2019 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: Reba George Assistant Director of Support Services, Water Utilities 2726 Holly Road, Corpus Christi, TX 78415 Phone: (361)-826-1648 IF TO CONTRACTOR: Raftelis Financial Consultants, Inc. Attn: Keith Readling, P.E. Executive Vice President 3755 S. Capital of Texas Highway Phone: (919) 780-9151 Fax: (828) 484-2442 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form July 11, 2019 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 comply with any of the terms 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.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form July 11, 2019 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 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 if required by said statute . 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. Attachment A 1 of 3 Attachment A: Scope of Work 1. Background The City of Corpus Christi’s stormwater system contains over 730 miles of channels, ditches and underground storm water pipe. The City is served by a stormwater system that is completely regulated as a Municipal Separate Storm Sewer System (MS4). Prior to 1989, the City of Corpus Christi funded storm water management and operations through the General Fund. Since 1989, stormwater management and operations have been funded through revenue generated through the water rate. The scope of work does not include program and organization review, or the determination of revenue requirements for Stormwater operations and programs for the City of Corpus Christi. 2. General Requirements Contractor Shall provide the following services: • Expertise with common municipal stormwater utilities infrastructure, rate structures and models, cost and demand drivers, economic development considerations, policies, standards, and guidelines. City will approve any replacement of team members. • Follow Texas Local Government Code Chapter 552 which permits municipalities to establish a drainage (stormwater) utility system •Develop stormwater utility rate structure database and integrate with customers’ financial and utility billing systems • Utilize generally accepted storm water utility rate structure development principles, quality control, and verification and validation of systems solutions •Support the public and key stakeholders by providing timely and accurate information and responses to questions •Provide timeline to meet target date of January 2021 for full stormwater utility fee implementation 3. Scope of Work There will be two phases in this Scope of Work: Phase I – Stormwater Utility Fee Feasibility (3 Tasks) Task 1 – Initial Data Gathering and Service Measurement for Rates. Contractor shall provide the following services under Task 1: a)Validate the analysis and calculation of an Equivalent Residential Unit (ERU) for the stormwater utility service area Attachment A 2 of 3 Task 2 – Stormwater Utility Rate Structure Alternatives. Contractor shall provide the following services under Task 2: a)Develop rate structure and pricing alternatives that are fair and provide for equitable cost recovery. Other considerations will be the ease of implementation, administration and understanding. Discuss the pro and cons associated with each alternative. b)Create a ‘user-friendly’ stormwater utility rate model tool that can be utilized to update revenue requirements and cash flow projections as program changes occur in future years. Provide training and user manual. c)Complete an analysis of a random sample of ten residential and non- residential parcels (of the City’s choice), and an analysis of the 20 largest areas of single ownership. The analysis will predict the stormwater charges on each parcel, and options for achieving stormwater fee credits. d)Provide comparison of proposed stormwater utility rates to rates used by other stormwater utilities in similar situations. Task 3 – Credits and Appeals. Contractor shall provide the following services under Task 3: a)Evaluate credit program options and recommend various credits for public and private onsite stormwater management and other rate modification options for each class of stormwater utility customers. The impact of the credit program on the rate structure should be taken into consideration. b)Develop a credit methodology and manual that will establish protocols for adjusting stormwater fee assessments based upon onsite storm water best management practices to manage runoff quantity and quality consistent with existing and pending stormwater and water quality regulatory requirements. c)Create a review process for determining appeals and credit requests from parcel owners to be conducted online or in person. d)Establish a mechanism to add and bill for new annexations, developments or changes to impervious surface. Phase II – Implementation (3 Tasks) Task 4 – Public Outreach and Education. Contractor shall provide the following services under Task 4: a)Ensure that the City has a comprehensive understanding of critical issues that key public interests may raise (positive and negative). Develop methods to address these issues in consultation with these key interests where possible. b)Prepare a public outreach, education and involvement plan to provide information on the stormwater utility fee to City staff, elected officials, local community groups, the business community and public. c)Assist City staff in the development of all public information material including Frequently Asked Questions (FAQ) brochures and various types of presentations from formal to informal. Spanish translation required. Attachment A 3 of 3 d)For the duration of the project, prepare for and conduct at least three stakeholder group workshops to educate the group on the process and solicit input on policy issues. e)Prepare for and conduct at least eight working sessions with City Staff and existing local agencies or organizations whose mission the stormwater utility impacts. f)Prepare for and conduct at least eight public engagement/education meetings. g)Prepare for and conduct at least four City Council presentations. h)Assist in training City Customer Service Representatives to respond to questions and complaints regarding the stormwater utility fee. Task 5 - Fully Develop Customer Database. Contractor shall provide the following services under Task 5: a)Develop a Master Account File (MAF) with billing parameters to facilitate implementation of stormwater u tility fee billing. Verify mapping of parcels to utility accounts through fieldwork when necessary. b)Develop a manual to address procedures for matching parcels and utility billing data and uploading stormwater data into the billing system. I dentify the process for updating the stormwater database elements so that previously completed address matching and resolutions of those exceptions is not repeated each time updates occur. Sources of storm water information must also be evaluated for their frequency in updating. c)Develop interactive map so customers may search their property and view their proposed stormwater utility fee. Task 6 – Testing and Final Report. Contractor shall provide the following services under Task 6: a)Support City through first customer billing cycles including stormwater utility charges. Full implementation of stormwater utility fees by January 2021. b)Prepare a draft report for review by City Staff. After comments incorporated, prepare a Final Implementation Plan report. Attachment B: Pricing Schedule Attachment B Page 1 of 1 Attachment C Page 1 of 3 Attachment C: Insurance and Bond Requirements LIABILITY INSURANCE 1.Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2.Contractor must furnish to the Risk Manager and Contract Administrator, 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 and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. CYBER LIABILITY $1,000,000 Per Occurrence $1,000,000 Aggregate Attachment C - Insurance Page 2 of 3 3.In the event of accidents of any kind related to this project, Contractor must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. 4.Additional Requirements - 1.Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if 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 replacement Certificate of Insurance to City at the address provided below within ten days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4.Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers’ compensation policy. 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; Attachment C Page 3 of 3 Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Provide 30 calendar days advance written notice directly to City of any cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 5.Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to 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 agreement. 2019 Insurance Requirements Ins. Req. Exhibit Professional Services – Other Professional Services - Cyber 04/26/2019 Risk Management – Legal Dept No bonds are required therefore Section 5 Insurance: Bonds. (B) is NULL to this Agreement. Attachment D Page 1 of 1 Attachment D: Warranty Requirements No warranty is required therefore Section 8. Warranty. (A) and (B) are NULL to this Agreement. Project No: 19074A 1 RP Legistar No.: 20-0006 12/23/19 DATE: December 20, 2019 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Daniel McGinn, Director of Planning and Environmental Services DanielMc@cctexas.com (361) 826-7011 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a two-year Master Service Agreement for Planning Services with Asakura Robinson Company LLC, in an amount not to exceed $150,000 for the Interstate 37 Corridor Plan and $100,000 for the Farm-to-Market 624 (Northwest Boulevard) Corridor Plan, for a total amount not to exceed $250,000, effective upon notice to proceed, with funding available in the FY 2020 General Fund. SUMMARY: This motion authorizes a Master Service Agreement with Asakura Robinson Company LLC for an amount not to exceed $250,000 for professional planning services to develop corridor plans for both Interstate 37 and FM 624 (Northwest Boulevard), which are FY 2020 Budget Initiatives to improve the appearance of the I-37 gateway to the city and to address multimodal transportation safety and land use concerns in the growing Northwest Boulevard corridor of the Calallen area. BACKGROUND AND FINDINGS: Funding for two corridor planning initiatives was approved during the FY 2020 budget process, and the Planning Department, through Engineering Services procurement process, is requesting approval of this Master Service Agreement with Asakura Robinson Company LLC to complete the Interstate 37 and Northwest Boulevard Corridor Plans. Upon execution of the Master Services Agreement, staff will negotiate a detailed scope of work with Asakura Robinson within the allotted budgets: $150,000 for the I-37 Corridor Plan and $100,000 for the Northwest Boulevard Corridor Plan. Public engagement and feedback will be a necessary part of the scope of work to create these plans. AGENDA MEMORANDUM Action Item for the City Council Meeting of January 14, 2020 Master Service Agreement Planning Services Project No: 19074A 2 RP Legistar No.: 20-0006 12/23/19 The purpose of the two corridor plans is as follows: Interstate 37 – Create a plan for improving the appearance of the entryway to Corpus Christi. The study area is Interstate 37 from Nueces Bay Boulevard to Shoreline Boulevard in Downtown but would also include the additional key entryways of State Highway 286 (Crosstown Expressway) from I-37 to Agnes/Laredo, and the stretch of Agnes/Laredo from SH 286 to Mesquite Street in Downtown. FM 624/Northwest Boulevard – Create a corridor plan that addresses multi-modal transportation infrastructure priorities, safety of pedestrian and cyclists, lighting, and determination of ideal land uses to support anticipated growth and development. (See attached Study Area Maps) The objectives of the plans are to: Create a plan for a sustainable and attractive corridor that accomplishes the collective vision of the City of Corpus Christi and its stakeholders. Accommodate multiple modes of transportation, support better traffic management, appeal to visitors, business, and investors, and be safe for all users. Incorporate landscaping to beautify, provide shade for pedestrians and potential future transit riders, and help manage storm water runoff. Provide increased physical connections to surrounding neighborhoods and commercial districts. Guide future public and private development and lay the foundation for a strong local economy anchored by new development and redevelopment. PROJECT TIMELINE: JAN FEB MAR APR MAY JUN JUL AUG SEP 2020 Planning Services The services will start in January 2020 with completion planned in September 2020. COMPETITIVE SOLICITATION PROCESS: Asakura Robinson was selected for this service in February 2019 under RFQ 2018-10. The selection committee consisted of representatives from Planning and Environmental Services and Engineering Services. Asakura Robinson was evaluated on five factors: 1) experience and qualification of the firm, 2) experience and qualification of the project manager, 3) project approach and management plan, 4) capacity to meet the project requirements and timelines, and 5) past performance. Asakura Robinson, was ranked first for this project, was the qualified firm for transportation and corridor planning and is being recommended for award. ALTERNATIVES: Not awarding this MSA will result in delay of the project. FISCAL IMPACT: This item proposes to award a Master Service Agreement to Asakura Robinson for planning services Project No: 19074A 3 RP Legistar No.: 20-0006 12/23/19 up to the amount of $250,000 to complete two FY 2020 Budget Initiatives: I-37 and FM 624 Corridor Plans. Funding is approved and available through the FY 2020 Comprehensive Planning funds. Funding Detail: Fund: 1020 General Fund Organization: 11455 Comprehensive Planning Mission Element: 071 Comprehensive Planning Account: 530000 Professional Services Project: 19074A Planning Services MSA RECOMMENDATION: Staff recommends award of this Master Service Agreement with Asakura Robinson, in the amount of $250,000. LIST OF SUPPORTING DOCUMENTS: Corridor Study Area Maps Master Service Agreement Service Layer Credits: Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, (c) OpenStreetMap contributors, and the GIS User Community Port AveLeopard St §¨¦37 §¨¦37 !!500' N u e c e s River City Limits §¨¦37 City Limits D O W N T O W N N O R T H B E A C H UV407 UV358 UV286Nueces Bay BlvdUp R i v e r R d Navigation BlvdAgnes St Agnes St Laredo St W Br o a d w a y S t Mesquite StWater StShoreline BlvdStaples StAlameda S t Tancahua StLipan St Old Robstown RdMc Bride Ln£¤181 UV35 0 4,900 9,8002,450 Feet1 inch = 1,734 feet µI-37 & Downtown Corridors Study Area D R A F T Industrial District No. 1 Service Layer Credits: Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT P, NRCan, Esri Japan, METI, Esri China (Hong Kong), Esri Korea, Esri (Thailand), NGCC, © OpenStreetMap contributors, and the GIS User CommunityRiver Trail DrRiverview DrE Riverview StCo Rd 73FM 1889Co Rd 69§¨¦69 Wildcat DrRiverside Blvd§¨¦69 FM 624 !!500' N u ece s R i v e r City Limits City Limits City Limits City Limits 0 2,500 5,0001,250 Feet1 inch = 1,000 feet µFarm to Market Road 624 - Transportation Corridor D R A F T Master Services Agreement Page 1 of 10 SERVICE AGREEMENT NO. 2761 MASTER SERVICES AGREEMENT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 19074A - Planning Services The City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or Designee (Director) and ASAKURA ROBINSON COMPANY LLC, 1224 E. 12th Street, Suite 210, Austin, Travis County, Texas 78702 (Consultant), hereby agree as follows: TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER ..................................................................................... 2 ARTICLE II COMPENSATION ................................................................................................. 3 ARTICLE III QUALITY CONTROL PLAN .................................................................................. 4 ARTICLE IV INSURANCE REQUIREMENTS ........................................................................... 4 ARTICLE V INDEMNIFICATION .............................................................................................. 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 5 ARTICLE VII TERMINATION OF AGREEMENT ....................................................................... 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT ......................................................................... 6 ARTICLE IX OWNER REMEDIES ............................................................................................ 6 ARTICLE X CONSULTANT REMEDIES .................................................................................. 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ............................................................... 7 ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................ 9 EXHIBITS Master Services Agreement Page 2 of 10 ARTICLE I – PROJECT TASK ORDER 1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been properly executed by both City and Consultant. Each properly executed Task Order as shown in Exhibit A shall become a separate supplemental agreement to this Agreement. 1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of Services shall include all associated services required for Consultant to provide such Services, pursuant to this Agreement, and any and all Services which would normally be required by law or common due diligence in accordance with the standard of care defined in Article XII of this Agreement. 1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services related to assisting Engineering Services with professional engineering, architecture and construction services related to execution of Capital Improvements Programs. All work will be subject to authorization from City. A detailed Scope of Services and fee estimate will be developed for each task prior to execution of work. 1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in the approved Task Order. A request made by either party to deviate from City standards after the contract is executed must be in writing. 1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order. 1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to perform work pursuant to this Agreement shall be employees or subconsultants of Consultant. Consultant must provide City with a list of all subconsultants that includes the services performed by the subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant’s team that provides services under this Agreement must be agreed to by the City in writing. 1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed on the scope of the Project and are notified in writing to proceed. 1.8 For design services, Consultant agrees to render the professional services necessary for the advancement of the Project through Final Completion of the Construction Contract. Consultant acknowledges and accepts its responsibilities, as defined and described in the City’s General Conditions for Construction Contracts, an excerpt of which is attached as an exhibit to this Agreement. 1.9 For projects that require subsurface utility investigation: 1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying all utilities within the project area at the Quality Level specified in the Task Order. It is assumed that all utilities will be identified using Quality Level A exploratory excavation unless stated otherwise. 1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local franchises, electric companies, communication companies, private pipeline companies and 3rd party owners/operators. Master Services Agreement Page 3 of 10 ARTICLE II – COMPENSATION 2.1 The Compensation for all services included in this Agreement and in the Scope of Services for this Agreement shall not exceed $250,000. 2.2 The Consultant’s fee for each Task Order will be on a lump sum or time and materials (T&M) basis with a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total compensation for all services outlined in each Task Order, and for all expenses incurred in performing these services. 2.3 Consultant shall submit a proposal to the City, which shall be incorporated into this agreement as Exhibit B, subject to approval by the City. 2.4 Consultant shall submit a Rate Schedule with their proposal. 2.5 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit C. Each invoice will include the Consultant’s estimate of the proportion of the contracted services completed at the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that shows who worked on the Project, the number of hours that each individual worked, the applicable rates from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt monthly payments in response to Consultant’s monthly invoices in compliance with the Texas Prompt Payment Act. 2.5.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with each payment request that clearly indicates how that individual’s time is allocated and the justification for that allocation. 2.6 The anticipated fee structure under this agreement is as follows: DESCRIPTION NOT TO EXCEED AMOUNT Maximum Contract Amount $250,000 Task 1 – TBD TBD Task 2 – TBD TBD Task 3 – TBD TBD Task 4 – TBD TBD 2.7 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and follow the procedures provided herein for the resolution of such dispute. In the event Consultant does not initiate and follow the claims procedures provided in this Agreement in a timely manner and as required by the terms thereof, any such claim shall be waived. 2.8 Request of final compensation by Consultant shall constitute a waiver of claims except those previously made in writing and identified by Consultant as unsettled at the time of final Payment Request. 2.9 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be directed to suspend work pending receipt and appropriation of funds. The right to suspend work under this provision does not relieve the City of its obligation to make payments in accordance with section 2.5 above for services provided up to the date of suspension. Master Services Agreement Page 4 of 10 ARTICLE III – QUALITY CONTROL PLAN 3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP Review). The City reserves the right to retain a separate consultant to perform additional QCP services for the City. 3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy applicable industry quality standards and meet the requirements of the project scope. Based on the findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable Cost (OPC) as needed. 3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not be compensated for having to resubmit documents. ARTICLE IV – INSURANCE REQUIREMENTS 4.1 Consultant must not commence work under this Agreement until all required insurance has been obtained, and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 4.2 Insurance Requirements are shown in EXHIBIT D. ARTICLE V - INDEMNIFICATION Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials, officers, agents, employees, excluding the engineer or architect or that person’s agent, employee or subconsultant, over which the City exercises control (“Indemnitee”) from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, to the extent that the damage is caused by or results from an act of negligence, intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier committed by Consultant or its agent, Consultant under contract or another entity over which Consultant exercises control while in the exercise of rights or performance of the duties under this agreement. This indemnification does not apply to any liability resulting from the negligent acts or omissions of the City or its employees, to the extent of such negligence. Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and against any and all claims, damages, liabilities or costs, including reasonable attorney fees and court costs, if the claim is not based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultant shall reimburse the City’s reasonable attorney’s fees in proportion to the Consultant’s liability. Consultant must advise City in writing within 24 hours of any claim or demand against City or Consultant known to Consultant related to or arising out of Consultant’s activities under this Agreement. Master Services Agreement Page 5 of 10 ARTICLE VI – TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task Order issued hereunder from the Effective Date of the Agreement until project is complete. 6.3 This service shall be for a period of two years beginning on the Effective Date. 6.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times are so stated, Consultant will perform services and provide deliverables within a reasonable time. ARTICLE VII - TERMINATION OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days by delivering a Notice of Termination to the City. 7.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement. 7.2 By City: 7.2.1 The City may terminate this agreement for convenience upon seven days written notice to the Consultant at the address of record. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again fails to perform under this agreement, the City may terminate the agreement for cause upon seven days written notice to the Consultant with no additional cure period. If the City terminates for cause, the City may reject any and all proposals submitted by Consultant for up to two years. 7.3 Termination Procedure 7.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period, Consultant shall immediately begin the phase-out and discontinuance of all services in connection with the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination, unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement showing in detail the services performed under this Agreement prior to the effective date of termination. City retains the option to grant an extension to the time period for submittal of such statement. 7.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement, including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially completed work as “Draft” and does not guarantee the accuracy or reliability of partially completed work submitted in accordance with this Article. 7.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why City may be compelled to withhold fees, Consultant will be compensated for its services based upon a Time & Materials calculation or Consultant and City's estimate of the proportion of the total services Master Services Agreement Page 6 of 10 actually completed at the time of termination. There will be no compensation for anticipated profits on services not completed. 7.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure of public funds. The failure of Consultant to comply with the submittal of the statement and documents, as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for services performed under this Agreement. ARTICLE VIII – RIGHT OF REVIEW AND AUDIT 8.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of Consultant’s records relating to the performance of the Work under this Agreement, during the term of this Agreement and retention period herein. The audit, examination or inspection may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Consultant agrees to retain its records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall extend until final resolution of the dispute. 8.2 “Consultant’s records” include any and all information, materials and data of every kind and character generated as a result of the Work under this Agreement. Examples include billings, books, general ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes, subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies, procedures, federal and state tax filings for issue in questions and any and all other agreements, sources of information and matters that may, in City’s judgment, have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Agreement Documents. 8.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s records only during City’s regular business hours. Upon reasonable prior notice, Consultant agrees to allow City’s designee access to all of Consultant’s records, Consultant’s facilities and Consultant’s current or former employees, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. Consultant also agrees to provide adequate and appropriate work space necessary to City or its designees to conduct such audits, inspections or examinations. 8.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract. ARTICLE IX – OWNER REMEDIES 9.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to pursue its actual damages and any other remedy allowed by law. This includes but is not limited to: 9.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful completion of the Project, which includes failure of subconsultants to meet contractual obligations; 9.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal governments, such that subsequent compliance costs exceed expenditures that would have been involved had services been properly executed by the Consultant. 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. Master Services Agreement Page 7 of 10 9.2 The City may assert a claim against the Consultant’s professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non-value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant’s response. 9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant’s sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant’s errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X – CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI – CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within twenty- one (21) calendar days after the start of the occurrence or event giving rise to the Claim and stating the general nature of the Claim. 11.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief, shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying the truth and accuracy of the Claim. 11.1.3 The responsibility to substantiate a claim rests with the party making the Claim. 11.1.4 Within thirty (30) calendar days of receipt of notice and supporting documentation, City will meet to discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have thirty (30) calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. Master Services Agreement Page 8 of 10 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation or any other alternative dispute resolution (ADR) process set forth herein, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of any other ADR process. If the parties’ senior management representatives cannot resolve the dispute within thirty (30) calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation ADR process contained herein. 11.2.3 Mediation 11.2.3.1 In the event that City or Consultant shall contend that the other has committed a material breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing any lawsuit, request mediation of the dispute. 11.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence no less than thirty (30) or more than ninety (90) calendar days following the date of the request, except upon agreement of both parties. 11.2.3.3 In the event City and Consultant are unable to agree to a date for the mediation or to the identity of the mediator or mediators within thirty (30) calendar days of the request for mediation, all conditions precedent in this Article shall be deemed to have occurred. 11.2.3.4 The parties shall share the mediator’s fee. Venue for any mediation or lawsuit arising under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision of this Agreement shall waive any immunity or defense. No provision of this Agreement is a consent to suit. 11.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both Parties expressly waive any claim to attorney’s fees should litigation result from any dispute in this Agreement. 11.4 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 11.5 No Waiver of Governmental Immunity. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO WAIVE CITY’S GOVERNMENTAL IMMUNITY FROM LAWSUIT, WHICH IMMUNITY IS EXPRESSLY RETAINED TO THE EXTENT IT IS NOT CLEARLY AND UNAMBIGUOUSLY WAIVED BY STATE LAW. Master Services Agreement Page 9 of 10 ARTICLE XII – MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. EXHIBIT A SAMPLE TASK ORDER PAGE 1 OF 1 EXHIBIT A SAMPLE TASK ORDER This Task Order pertains to a Master Services Agreement for Professional Services by and between City of Corpus Christi, Texas (City) and “Company Name” (Consultant) dated _________________, 2019 (Agreement). Consultant shall perform services on the project described below as provided in this Task Order and in the Agreement. This Task Order shall not be binding until it has been properly signed by both parties. Upon execution, this Task Order shall supplement the Agreement as it pertains to the project described below. TASK ORDER NO.: PROJECT NAME: _______________________________ 1.PROJECT DESCRIPTION 2.SCOPE OF SERVICES 3.COMPENSATION This Task Order is approved and Consultant may proceed. All other terms and conditions of the Agreement remain in full force and effect. CITY OF CORPUS CHRISTI ____________________________________ Jeff Edmonds, P.E. Date Director of Engineering Services COMPANY NAME, INC. ____________________________________ Authorized Signer Date Title Address City, State, Zip (xxx) xxx-xxxx name@email.com ASAKURA ROBINSON COMPANY 1224 E. 12th Street, Suite 310 Austin, TX 78702 512.351.9601 www.asakurarobinson.com ProposalSeptember 6, 2019 Marcus Flores City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 Re: City of Corpus Christi As Needed Planning Services Asakura Robinson (AR) was founded in 2004 with a mission of assisting visionary clients spur positive change through a collaborative design and planning process. Our planning staff have engaged clients throughout our home states of Texas, Louisiana and Minnesota, as well as throughout the country, on successful plans and designs in urban, suburban and rural contexts. They range from long-range statice plans to more focused interventions that include detailed design for parks, streetscapes, policies and programs. The common thread in our projects is our emphasis on engaging stakeholders, residents, businesses and other stakeholders to ensure that communities are able to take ownership of their futures and spark implementation. Our planning group focuses on the following five key subject areas: 1.Small Area Planning - Small Area Planning encompasses a comprehensive approach to managing community change, and incorporates elements of all of our other services areas. Projects include neighborhood plans, corridor plans, regulatory plans, district plans, and downtown plans. Key Staff: Zakcq Lockrem, AICP and Meghan Skornia, AICP 2.Housing Policy and Community and Economic Development - This team seeks to assist communities with plans that lift up community assets, culture, and economic potential while working to mitigate quality of life and affordability issues for residents. Projects include strategic planning, housing policy development and planning, fair housing, establishment of special service districts, BIDs and tax increment districts and planning for vacant land. Key Staff: Alexandra Miller, AICP 3.Transportation Planning - Our transportation planners see to enhance mobility accessibility, connectivity and safety for transit riders, pedestrians and people who bicycle. Projects include bicycle planning, pedestrian planning, streetscapes, and transit planning. Key Staff: Luis Guajardo, AICP 4.Urban Ecology and Parks - Our urban ecology practice stems from our long standing interest in protecting, restoring and enhancing natural resources. Projects include park design, park master plans, restoration plans, environmental plans, sustainability plans, resilience plans and eco-tourism plans. Key Staff: Katie Coyne, AICP, Certified Ecologist - ESA, SITES AP, Master Naturalist 5.Urban Design - Whether focused on streets or public spaces, the public realm is at the core of our urban design work. Projects include design guidelines, streetscape plans, and plazas and park design. Key Staff: Wei Xiao, LEED AP A.Scope of Work AR shall work with the City of Corpus Christi to define specific scopes of work as needed. The City of Corpus Christi shall provide tasks orders for mutually agreed upon scopes of work and fee. Page 1 of 3 EXHIBIT B Page 1 of 3 ASAKURA ROBINSON COMPANY 1224 E. 12th Street, Suite 310 Austin, TX 78702 512.351.9601 www.asakurarobinson.com B.Project Schedule Project schedule is anticipated to commence at a time agreed upon mutually by the City of Corpus Christi and Asakura Robinson and will be detailed in task orders as provided by the client C.Compensation As needed not to exceed: $ 250,000 ________________________________________________________________________________ Total $ 250,000 Fees and reimbursable costs shall be a maximum not-to-exceed and billed monthly as a percentage of work completed or actual costs for additional services and reimbursable expenses as defined herein. Work performed as part of this proposal will be in accordance with the following approved rates: Reimbursable expenses are expenditures for the project made by AR in the interest of the project. Reimbursable expenses include, but are not limited to travel expenses, costs of printing and reproduction, postage, services of professional consultants which cannot be quantified at the time of contracting, and other, similar project–related expenditures. D.Rates for Key Staff Zakcq Lockrem - Managing Principal $210 Alexandra Miller - Managing Principal $210 Katie Coyne - Senior Associate $123 Meghan Skornia - Senior Associate $112 Luis Guajardo - Senior Associate $110 Wei Xiao - Associate Designer $ 87 Additional Staff Rates are available on the clients request E.Exclusions to Scope of Services and Additional Services The following services are also excluded from scope: 1. Hosting of any website, MailChimp account, or other online resources, including social media; direct email blasts, online forums, or media advisories or press releases. 2. Attendance at Boards and Commissions meetings and/or City Council and City Council Committee meetings, other than as outlined in the scope above. 3. LEED, SITES, or similar ratings systems documentation and accreditation. 4. Architectural services related to existing buildings. 5. Transportation engineering services or traffic control plans. 6. Preliminary engineering reports. 7. Additional services including but not limited to: a) Work requested and or authorized by the Client not defined in the ‘Scope of Work’ or revisions and changes to Client approved drawings and the preparation of alternatives or change orders requested by the Client. b) Models, special renderings, promotional photography, special printing, special equipment, special printed reports or publications, maps, and documents requested by the Client, unless defined in a mutually agreed upon task order. Page 2 of 3 EXHIBIT B Page 2 of 3 ASAKURA ROBINSON COMPANY 1224 E. 12th Street, Suite 310 Austin, TX 78702 512.351.9601 www.asakurarobinson.com Client shall provide information as required for performance of the work. AR assumes no responsibility for the accuracy of such information or services and shall not be liable for errors or omissions therein. Should AR be required to provide services in obtaining or coordinating compilation of this information, such services shall be charged as additional services. 1. GIS files and data, including taxation data 2. Meeting logistics 3. Printing 4. Timely review of deliverables Hourly rates for Additional Services can be provided on request. F. Jurisdiction and Termination TERMINATION - If the Client should decide to terminate this Agreement, he or she shall give AR seven (7) days written notice and shall pay for all services rendered to the date of termination. AR reserves the right to terminate this contract upon fifteen (15) day notice if any amount billed to client is greater than ninety (90) days past due. We appreciate your consideration of our firm, and we look forward to working with you. If this proposal meets your approval, please sign and return one (1) copy to our office at your earliest convenience. Yours truly, ___________________________________________ Name: City of Corpus Christi Keiji Asakura, Principal Asakura Robinson Company LLC Date: September 6, 2019 Date______________________________________ Page 3 of 3 EXHIBIT B Page 3 of 3 Page 1 of 1 HOURLY RATE SCHEDULE (updated 09/06/2019) 1.0 2019 Rates $ 230.00 $ 215.00 $ 210.00 $ 210.00 $ 210.00 $ 162.00 $ 153.00 $ 145.00 $ 136.00 $ 128.00 $ 123.00 $ 121.00 $ 116.00 $ 110.00 $ 107.00 $ 113.00 $ 97.00 $ 92.00 $ 92.00 $ 87.00 $ 87.00 $ 92.00 $ 81.00 $ 81.00 $ 78.00 $ 78.00 $ 74.00 $ 74.00 $ 68.00 $ 61.00 $ 57.00 $ 57.00 2.0 $ 0.58 3.0 Cost plus 10% $0.10 $0.50 $0.20 $1.00 $4.50 $39.00 $48.00 $6.56 $56.87 $70.00 4.0 HOURLY RATES Keiji Asakura, FASLA, CLARB, Managing Principal Margaret Robinson, PLA, LEED AP, Managing Principal Alexandra Miller, AICP, Managing Principal Hayley Pallister, Managing Principal Zakcq Lockrem, AICP, Managing Principal Jessica Krug, LEED AP, Principal Brendan Wittstruck, LEED AP BD+C, Principal Matthew Rufo, AICP, Principal Erin Cannon, PLA, Senior Designer Claire Eddleman‐Heath, Senior Designer Katie Coyne, AICP, Senior Planner Peter Caldwell, PLA, Senior Designer Isabelle Asakura, Marketing Manager Luis Guajardo, Sr. Associate Planner Abigail Phillips, PLA, Senior Designer Meghan Skornia, AICP, Senior Planner Ying Liang, Associate Designer Brianna Frey, Associate Planner Mayu Takeda, Associate Planner Wei Xiao, Associate Designer Wenjie Zhao, Associate Designer Kari Spiegelhalter, Associate Designer Kadence Hampton, Planner Ucha Abbah, Designer Andy Rowell, Designer Inmi Moon, Designer Thu Bui, Designer Tucker Rose, Designer Lauren Klich, Marketing Coordinator Leda Hardesty, Visual Communications Designer Intern Rate Mandi Stiles, Human Resources Assistant 2019 IRS MILEAGE RATE PER MILE EXTERNAL EXPENDITURES Reproduction, Sub‐consultants, Fees, Etc. In house printing per page: 8.5 x 11 BW 8.5 x 11 Color 11 x 17 BW 11 x 17 Color 24 x 36 BW plot 24 x 36 Color plot 24 x 36 Color plot on photo paper 30 x 42 BW plot 30 x 42 Color plot 30 x 42 Color plot on photo paper TRAVEL EXPENSE (Airfare, Auto, Parking, etc.) Cost plus 10% The rates noted above shall remain in effect until completion of the Agreement. EXHIBIT B-1 Page 1 of 1 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit CPage 1 of 1 Rev 09/19 EXHIBIT D Insurance Requirements 1.1 Consultant must not commence work under this agreement until all required insurance has been obtained and such insurance has been approved by the City. Consultant must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. 1.2 Consultant must furnish to the Director of Contracts and Procurement with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2.Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions EXHIBIT D Page 1 of 3 Rev 09/19 and identify any limitations regarding who is insured. 1.3 In the event of accidents of any kind related to this agreement, Consultant must furnish the City with copies of all reports of any accidents within 10 days of the accident. 1.4 Consultant shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Consultant's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 In the event of a change in insurance coverage, Consultant shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 business days of said change. Consultant shall pay any costs resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Contracts and Procurement P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 If the policy is cancelled, other than for nonpayment of premium, notice of such cancellation will be provided at least 30 days in advance of the cancellation effective date to the certificate holder; 1.6.4 If the policy is cancelled for nonpayment of premium, notice of such cancellation will be provided within 10 days of the cancellation effective date to the certificate holder. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of EXHIBIT D Page 2 of 3 Rev 09/19 coverage, Consultant shall notify City of such lapse in coverage and provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT D Page 3 of 3 DATE: December 24, 2019 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning & Environmental Services DanielMc@cctexas.com (361) 826-7011 CAPTION: Resolution supporting the development and implementation of a comprehensive industrial master plan for San Patricio County, Texas. SUMMARY: This resolution supports the development and implementation of an industrial master plan, in partnership with other governmental bodies, for future industrial growth in San Patricio County that balances the needs of industry, cities, school districts, service providers, the environment, and residents. The purpose of the resolution is to create the basic framework to start the master plan study. BACKGROUND AND FINDINGS: The Corpus Christi region stands to benefit economically from the coming industrial development that is expected in the next 10 to 20 years in the area north of Corpus Christi Bay in San Patricio County. But, the local economic benefits of this industrial growth must be balanced against the challenges it creates for local communities, school districts, service providers, the environment, and residents. Understanding how and where industrial development might occur and creating mechanisms to manage that growth is and will continue to be critical to keeping the region successful and resilient in the future. Creating a comprehensive industrial master plan for San Patricio County is an effective way to properly evaluate existing resources and optimize those resources for the future. Scope of the Plan The study is intended to identify potential industrial sites. It will also identify areas that are not suitable for industry; those more appropriate for residential, commercial, educational and retail uses. The study will help identify future infrastructure needs including highways and thoroughfares, drainage, electrical power grids, railroads, water and sewer, pipelines and the like. Industrial Master Planning in San Patricio County AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2020 The study will result in a proposed master plan to be approved and implemented by the County and other governmental bodies. To be successful any master plan must acknowledge and respect the views of those persons and entities affected by expected growth. The planning firm hired to develop the plan will work closely with all stakeholders including the county, cities, school districts, utility and public infrastructure providers, environmentalists, business owners, property owners and citizens. The resolution calls for the Corpus Christi Metropolitan Planning Organization (MPO) to serve as a neutral, third‐party entity to first oversee the process of selecting the planning firm that will ultimately develop the master plan, ensuring a neutral and fair process for all involved. The MPO would also serve as administrator, ensuring that the legal and operational framework for the study is carried out effectively. Once a planning firm is selected, that firm will work directly with all stakeholders to develop the final plan. Details for the plan’s implementation will be developed by the participating governments in coordination with the MPO. Participating Governments The resolution was distributed to all cities in San Patricio County and has been adopted by the San Patricio County Commissioners’ Court, City of Ingleside, City of Portland, City of Aransas Pass. Mayors in San Patricio County will be asked to encourage passage of the resolution by their respective school districts. ALTERNATIVES: No alternatives were considered. FINANCIAL IMPACT: According to the draft resolution, the cost of the plan shall be shared between the members of participating g overnments in a fair and equitable manner. The cost to the City has not been determined at this stage. RECOMMENDATION: Staff recommends passage of this resolution. The following entities have already passed this resolution: San Patricio County Commissioners’ Court, City of Ingleside, City of Portland, City of Aransas Pass. LIST OF SUPPORTING DOCUMENTS: Resolution Presentation 1 of 2 Resolution supporting the development and implementation of a comprehensive industrial master plan for San Patricio County, Texas. WHEREAS, growth in the world petrochemical industry has shifted from the Middle East to the Texas Gulf Coast as production in North America continues to outpace other world markets with an expectation that such growth will continue and soon transform the Texas Gulf Coast into a world class center for petrochemical processing and exporting; WHEREAS, San Patricio County lies at the nexus of that growth in the Coastal Bend with unprecedented industrial developments and investments exceeding thirty billion dollars to date; WHEREAS, all indications are that the industrial growth in San Patricio County will continue in the coming decades as more companies seek to build additional manufacturing and processing capacity within San Patricio County; WHEREAS, such industrial development is transforming the character of San Patricio County by driving economic growth, but also by creating permanent change and prolonged challenges for communities, businesses, and all county inhabitants; and WHEREAS, to ensure that the remaining land and resources within San Patricio County are utilized to their greatest potential; that threats are identified and minimized; that socioeconomic effects are acknowledged and understood; and that all affected residents and entities have a voice in the economic future of the County, a comprehensive planning effort must be undertaken in which the interests of governmental bodies, communities, businesses and other affected stakeholders are fairly represented. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. That we support the development of a San Patricio County Industrial Master Plan (Plan) and will serve as a member of Participating Governments; and 2. That the Corpus Christi Metropolitan Planning Organization be approached to serve as an objective, third party administrator to: a) Work with the County Commissioners Court and participating cities within San Patricio County (members of “Participating Governments”) to select a qualified consultant, b) Create the legal and operational framework for the Plan, c) Aid Participating Governments by supervising the work of the qualified consultant, and d) Provide other such guidance and oversight as may be needed to ensure the successful development of the Plan. 2 of 2 3. That such qualified consultant shall work in collaboration with members of Participating Governments and all other contributing governmental bodies, communities, businesses and affected stakeholders in San Patricio County, Texas in the development of said Plan; and 4. That the cost of the Plan shall be shared between the members of Participating Governments in a fair and equitable manner. PASSED AND APPROVED on the ______ day of _________, 2020: Joe McComb _______________________ Roland Barrera _______________________ Rudy Garza _______________________ Paulette M. Guajardo _______________________ Gil Hernandez _______________________ Michael Hunter _______________________ Ben Molina _______________________ Everett Roy _______________________ Greg Smith _______________________ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor City Council January 14, 2020 Industrial Master Plan for San Patricio County 1 voestalpine $1B TPCO $1.2B Cheniere $15B OxyChem $1BExxonMobil $11B Tank Terminal Steel Dynamics $1.9B Chemours $500M Industrial Growth in San Patricio County Industrial Growth in San Patricio County Future Challenges •Orderly Growth •Residential, commercial, retail, industrial •Balancing economic vs societal site selection •Maintaining Clean Air and Water •Incremental degradation •Reduce future environmental opposition •Traffic/Rail Safety and System Efficiency •Infrastructure Costs •City, County, School Districts, Special Districts, TxDOT, AEP, etc. •Additional Industrial Growth is Probable Scope of the Plan •Identify tracts most suitable for industrial purposes. •Identify tracts most suitable for residential, commercial, and retail development. •Identify infrastructure needs. •Identify traffic/rail patterns; establish thoroughfare plans. •Create incentives for developing in industrial zones. •Create disincentives for misplaced development. Study Area COUNTY-WIDE STUDY AREA Stakeholders Including but not limited to: •Existing industry •Cities •County •School districts •Port of Corpus Christi •Rail companies •Realtors/developers •Utility companies •TxDOT •Individual property owners Project Execution •Identify neutral body to oversee a consultant who will develop the master plan. •Obtain funding from industries, cities, county, and other stakeholders. •Commission a master plan study. •Implement plan elements including incentive mechanisms. •Ongoing enforcement. Next Steps •Presentations to City Councils, School Boards, and other stakeholders •Seek resolutions/MOUs supporting concept •Selection of a “Third Party Administrator” •National RFPs to planning consultants •Establishment/distribution of costs •Selection of planning consultant DATE: November 25, 2019 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1019-07, AGCE Corp. (District 1). Ordinance rezoning property at or near 3001 Morgan Avenue from the “IL/H” Light Industrial District with the Historic Overlay to the “IL” Light Industrial District. SUMMARY: The purpose of the zoning request is to remove the historic overlay to allow for building renovations. BACKGROUND AND FINDINGS: The subject property is 0. 87 acres in size and the existing building is approximately 4,400 square feet in size. The owner is proposing extensive renovations of the existing building including replacement of doors, windows, and the roof. While no plans have been submitted, the applicant believes that removing the (-H) Historic Overlay would eliminate any impediments to any exterior improvements made to the building. Historical Profile: The following are excerpts from the 2004 rezoning case designating the site with the Historical Overlay. On September 23, 2004 the Landmark Commission held a public hearing on the former medical office of Dr. Hector P. Garcia, M.D., to designate the subject property currently zoned "I-2" Light Industrial District with the overlay designation "HC-I" Historical-Cultural Landmark Preservation. The subject property is identified as a significant historical element of the city under criteria 28A-4.01.04 for designation of landmarks within the zoning ordinance. The Landmark Commission found that the property is identified with a person who significantly contributed to the culture and development of the City. Dr. Hector P. Garcia is recognized for his community service as a medical physician in Corpus Christi, as well as a political and social activist. Reports indicate that “Dr. Garcia's work began in the late 1940's. When establishing his medical practice in Corpus Christi, he discovered that many Mexican-American veterans of World War II were encountering a wide variety of problems. One of the problems was receiving prompt hospital care. Veterans were required to travel to San Rezoning a property at or near 3001 Morgan Avenue AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 01/14/20 Second Reading Ordinance for the City Council Meeting 01/21/20 Antonio where the closest veterans' hospital was located. To combat this situation, a group of veterans, headed by Dr. Garcia, worked to bring their cause to the attention of public and federal officials. The group was successful in having a contract drawn between the Naval Hospital at the Naval Air Station and the Veterans Administration in servicing veterans.” Data on the subject property indicate the lots were platted as La Gloria Subdivision on January 2, 1940. Such lots were sold to Wanda Garcia, wife of Dr. Hector P. Garcia as her separate property and estate August 17, 1956. A construction contract was executed by Dr. Garcia. and wife, Wanda Garcia, in the amount of $82,000 to Everett W. Williams to build a commercial building. The construction contract for the commercial building was dated March 15, 1965 and a subsequent loan to renew the construction contract occurred September 27, 1965. Upon completion of the commercial building, Dr. Garcia practiced his medical profession within this structure. A portion of the building was later leased to Rufino Garcia, III for a drug store. On February 14, 1986, Wanda Garcia conveyed half interest of the subject property to Dr. Garcia. Upon Dr. Garcia's death in 1996, the subject property was devised to his wife, Wanda Garcia. On January 28, 2000, Wanda Garcia sold the east half of Lot 3 and Lots 4, 5, 6, 7, and 8 to the National Archives and Historical Foundation of American G. I. Forum. Lot 9 was purchased by Dr. Garcia separately in 1969 and he later sold the lot to the National Archives and Historical Foundation of American G. I. Forum, July 2, 1984. Conformity to City Policy The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial use. The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC), incompatible with the adjoining residential properties, and could potentially have a negative impact upon the adjacent residential properties. The Corpus Christi Preservation Plan and the Unified Development Code (UDC) in Section 3.4.3 (Historic Overlay District or Landmark Designation) and in Section 6.3.1 (-H, Historic Overlay) describes the following applicable characteristics of preserving properties with a historic and cultural value. The following characteristics apply to the subject property. o Section 3.4.3 The property has character, interest or value as part of the development, heritage or cultural characteristics of the City, State of Texas or the United States. Its identification with a person who significantly contributed to the culture and development of the City. The property exemplifies the cultural, economic, social or historic heritage of the City. The property has a unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community of the City. o Section 6.3.1 Safeguard the heritage of the City by preserving sites and structures which reflect elements of the City’s cultural, social, ethnic, political, archeological and architectural history; Foster civic pride in the beauty and notable accomplishments of the past; Promote the use and preservation of historic sites and structures for the education and general welfare of the people of the City; Development Services staff visited the building on Friday, October 18th. The most notable structural danger is the partial collapse of the roof over the front portion of the building (former pharmacy). The exterior walls are in good condition, as well as the concrete roof that covers the rear half of the building. The storefront windows are in a deteriorated condition. However, several windows and doors are boarded up to maintain the security of the building. As previously presented to the Landmark and Planning Commission, City staff initiated a text amendment to the Unified Development Code (UDC) to allow interior renovations to occur on a property with a historic designation without the need of a Certificate of Appropriateness. The text amendment was approved by the City Council on October 15, 2019; Ordinance # 031898. An alternative to removing the (-H) Historic Overlay, would be a granting of a Certificate of Appropriateness (C of A) to allow for the restoration and renovation of the building. The UDC encourages renovation of historic structures and specifically mentions in Section 3.15.3, “The proposed change will not adversely affect any significant historical or aesthetic feature of the landmark or structure and is appropriate and consistent with the spirit and purposes for preserving the improvement as a landmark or structure.” In this case, the structure was not designated as historic due to architectural significance, but rather due to cultural significance. Therefore, staff contends that the Landmark Commission has the ability to grant a C of A to allow for the necessary repairs and potential improvements without jeopardizing the historic significance of the building. Section 3.15.2 of the UDC only grants the Landmark Commission the ability to stay the proposed work from being completed. Furthermore, after 90 days has elapsed from the date of denial of the C of A by the Landmark Commission, the C of A must be granted. At this time, the Landmark Commission via the UDC is limited to a consulting or advisory role as the C of A must be granted at the end of 90 days. An additional alternative that should be considered includes the underlying base zoning district. The surrounding uses around the subject property include a medical office, multifamily dwelling, commercial buildings, and single-family homes. The “IL” Light Industrial District is inconsistent with the adjacent uses. The underlying base zoning district should be changed to the “CN-1” Neighborhood Commercial District which allows offices uses by-right and would serve as a better transitional district between the residential uses and the remining light industrial properties Public Input Process Number of Notices Mailed 34 within 200-foot notification area 6 outside notification area As of October 25, 2019: 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. Commission Recommendation Landmark Commission recommended denial of the change of zoning from the “IL/H” Light Industrial District with the Historic Overlay to the “IL” Light Industrial District on October 24, 2019. Planning Commission recommended denial of the change of zoning from the “IL/H” Light Industrial District with the Historic Overlay to the “IL” Light Industrial District on November 13, 2019. A ¾ vote is required to overrule the Planning Commission’s recommendation. ALTERNATIVES: 1. Approval of the change of zoning from the “IL/H” Light Industrial District with the Historic Overlay to the “IL” Light Industrial District. 2. Granting of a Certificate of Appropriateness (C of A) to allow for the restoration and renovation of the building by the Landmark Commission. 3. Approval of the change of zoning from the “IL/H” Light Industrial District with the Historic Overlay to the “CN-1” Neighborhood Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends denial of the zoning request. The Landmark Commission recommended denial of the zoning request. Planning Commission recommended denial of the change of zoning from the “IL/H” Light Industrial District with the Historic Overlay to the “IL” Light Industrial District with following vote count. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1019-07, AGCE Corp. (District 1). Ordinance rezoning property at or near 3001 Morgan Avenue from the “IL/H” Light Industrial District with the Historic Overlay to the “IL” Light Industrial District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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 during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as the east half of Lot 3, Lots 4 thru 9, Block 5, La Gloria as shown in Exhibit “A”: from the “IL/H” Light Industrial District with the Historic Overlay to the “IL” Light Industrial District. The subject property is located at or near 3001 Morgan Avenue. Exhibit A, which is the Metes and Bounds of the subject property with an associated map, is attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the Page 2 of 5 City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 5 Exhibit A Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 1019-07 INFOR No. 19ZN1031 Planning Commission Hearing Date: October 30, 2019 Applicant & Legal Description Owner: AGCE Corp. Applicant: AGCE Corp. Location Address: 3001 Morgan Avenue Legal Description: East half of Lot 3, Lots 4 thru 9, Block 5, La Gloria, located along the south side of Morgan Avenue, east of Elgin Street, and west of South Port Avenue. Zoning Request From: “IL/H” Light Industrial District with the Historic Overlay To: “IL” Light Industrial District Area: 0.87 acres Purpose of Request: To remove the historic overlay to allow for building renovations. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “IL/H” Light Industrial with Historic Overlay Commercial and Vacant Commercial and Medium Density Residential North “IL” Light Industrial Professional Office Government South “IL” Light Industrial Medium Density Residential High Density Residential East “CN-1” Neighborhood Commercial and “RM-1” Multifamily Medium Density Residential High Density Residential West “IL” Light Industrial Public/Semi-Public, Commercial, and Light Industrial Government, Commercial, and Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC). Map No.: 047043 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 125 feet of street frontage along Morgan Avenue which is designated as an “A1” Minor Arterial Street and approximately 300 feet of street frontage along Bright Street which is designated as an “Local/Residential” Street. According to the Urban Transportation Plan, “A1” Minor Arterial Streets can convey a capacity of 15,000 to 24,000 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Morgan Avenue “A1” Minor Arterial 95’ ROW 64’ paved 78’ ROW 60’ paved N/A Bright Street “Local/Residential” 50’ ROW 28’ paved 40’ ROW 28’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “IL/H” Light Industrial District with the Historic Overlay to the “IL” Light Industrial District to allow for the renovation of the former Dr. Hector P. Garcia physician’s office building. Development Plan: The subject property is 0.87 acres in size and the existing building is approximately 4,400 square feet in size. The owner is proposing extensive renovations of the existing building including replacement of doors, windows, and the roof. While no plans have been submitted, the applicant believes that removing the (-H) Historic Overlay would eliminate any impediments to any exterior improvements made to the building. Existing Land Uses & Zoning: The subject property is currently zoned “IL/H” Light Industrial with the Historic Overlay, consists of the former physician’s office of Dr. Hector P. Garcia and vacant lots. The building was constructed in 1965 and designated historical in 2004. To the north across Morgan Avenue is a Well Med clinic also zoned “IL” Light Industrial District. To the south are single-family residences zoned “IL” Light Industrial District. To the east is a small commercial business and a multifamily apartment building zoned “CN-1” Neighborhood Commercial District and “RM-1” Multifamily 1 District respectively. To the west are commercial businesses consisting of a nightclub and open storage lot also zoned “IL” Light Industrial District. Historical Profile: The following are excerpts from the 2004 rezoning case designating the site with the Historical Overlay. On September 23, 2004 the Landmark Commission held a public hearing on the former medical office of Dr. Hector P. Garcia, M.D., to designate the subject property currently zoned "I-2" Light Industrial District with the overlay designation "HC-I" Historical-Cultural Landmark Preservation. The subject property is identified as a significant historical element of the city under criteria 28A- 4.01.04 for designation of landmarks within the zoning ordinance. The Landmark Commission found that the property is identified with a person who significantly contributed to the culture and development of the City. Dr. Hector P. Garcia is recognized for his community service as a medical physician in Corpus Christi, as well as a political and social activist. Reports indicate that “Dr. Garcia's work began in the late 1940's. When establishing his medical practice in Corpus Christi, he discovered that many Mexican-American veterans of World War II were encountering a wide variety of problems. One of the problems was receiving prompt hospital care. Veterans were required to travel to San Antonio where the closest veterans' hospital was located. To combat this situation, a group of veterans, headed by Dr. Garcia, worked to Staff Report Page 3 bring their cause to the attention of public and federal officials. The group was successful in having a contract drawn between the Naval Hospital at the Naval Air Station and the Veterans Administration in servicing veterans.” Data on the subject property indicate the lots were platted as La Gloria Subdivision on January 2, 1940. Such lots were sold to Wanda Garcia, wife of Dr. Hector P. Garcia as her separate property and estate August 17, 1956. A construction contract was executed by Dr. Garcia. and wife, Wanda Garcia, in the amount of $82,000 to Everett W. Williams to build a commercial building. The construction contract for the commercial building was dated March 15, 1965 and a subsequent loan to renew the construction contract occurred September 27, 1965. Upon completion of the commercial building, Dr. Garcia practiced his medical profession within this structure. Later a portion of the building was leased to Rufino Garcia, III for a drug store. On February 14, 1986, Wanda Garcia conveyed half interest of the subject property to Dr. Garcia. Upon Dr. Garcia's death in 1996 the subject property was devised to his wife, Wanda Garcia. On January 28, 2000, Wanda Garcia sold the east half of Lot 3 and Lots 4, 5, 6, 7, and 8 to the National Archives and Historical Foundation of American G. I. Forum. Lot 9 was purchased by Dr. Garcia separately in 1969 and he later sold the lot to the National Archives and Historical Foundation of American G. I. Forum, July 2, 1984. 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. Utilities: Water: 6-inch ACP line located along Bright Street. Wastewater: 8-inch VCP line located along Bright Street. Gas: 4-inch Service Line located along Morgan Avenue. Storm Water: Road side inlets located along Morgan Avenue. Plan CC, Area Development Plan, and Preservation Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for commercial uses. The proposed rezoning to the “IL” Light Industrial District is inconsistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: • 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). • Exemplification of the cultural, economic, social, ethnic, or historical heritage of the city, county, state, or the United States (C.C. Preservation Plan, Policy Statement A.3). • Identified with a person or persons who significantly contributed to the culture and development of the city, county, state, or the United States (C.C. Preservation Plan, Policy Statement A.3). Staff Report Page 4 • Valued as an aspect of community sentiment or public pride (C.C. Preservation Plan, Policy Statement A.3). • Preservation and reuse of culturally and historically significant structures, objects, and sites in Corpus Christi should be encouraged (C.C. Preservation Plan, Policy Statement A.4). Department Comments: • The proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC), incompatible with the adjoining residential properties, and could potentially have a negative impact upon the adjacent residential properties. • The Corpus Christi Preservation Plan and the Unified Development Code (UDC) in Section 3.4.3 (Historic Overlay District or Landmark Designation) and in Section 6.3.1 (-H, Historic Overlay) describes the following applicable characteristics of preserving properties with a historic and cultural value. The characteristics apply to the subject property. o Section 3.4.3 The property has character, interest or value as part of the development, heritage or cultural characteristics of the City, State of Texas or the United States. Its identification with a person who significantly contributed to the culture and development of the City. The property exemplifies the cultural, economic, social or historic heritage of the City. The property has a unique location or singular physical characteristic representing an established and familiar visual feature of a neighborhood, community of the City. o Section 6.3.1 Safeguard the heritage of the City by preserving sites and structures which reflect elements of the City’s cultural, social, ethnic, political, archeological and architectural history; Foster civic pride in the beauty and notable accomplishments of the past; Promote the use and preservation of historic sites and structures for the education and general welfare of the people of the City; • Development Services staff visited the building on Friday, October 18th. The most notable structural danger is the partial collapse of the roof over the front portion of the building (former pharmacy). The exterior walls are in good condition, as well as the concrete roof that covers the rear half of the building. The storefront windows are in a deteriorated condition. However, several windows and doors are boarded up to maintain the security of the building. • As previously presented to the Landmark and Planning Commission, City staff initiated a text amendment to the Unified Development Code (UDC) to allow interior renovations to occur on a property with a historic designation without the need of a Certificate of Appropriateness. The text amendment was approved by the City Council in early October of this year. • An alternative to removing the (-H) Historic Overlay, would be a granting of a Certificate of Appropriateness (C of A) to allow for the restoration and renovation of the building. The UDC encourages renovation of historic structures and specifically Staff Report Page 5 mentions in Section 3.15.3, “The proposed change will not adversely affect any significant historical or aesthetic feature of the landmark or structure and is appropriate and consistent with the spirit and purposes for preserving the improvement as a landmark or structure.” In this case, the structure was not designated as historic due to architectural significance, but rather due to cultural significance. Therefore, staff contends that the Landmark Commission has the ability to grant a C of A to allow for the necessary repairs and potential improvements without jeopardizing the historic significance of the building. • An additional alternative that should be considered includes the underlying base zoning district. The surrounding uses around the subject property include a medical office, multifamily dwelling, commercial buildings, and single-family homes. The “IL” Light Industrial District is inconsistent with the adjacent uses. The underlying base zoning district should be changed to the “CN-1” Neighborhood Commercial District which allows offices uses by-right and would serve as a better transitional district between the residential uses and the remining light industrial properties. Planning Commission and Staff Recommendation (October 30, 2019): Denial of the change of zoning from the “IL/H” Light Industrial District with the Historic Overlay to the “IL” Light Industrial District. Public Notification Number of Notices Mailed – 34 within 200-foot notification area 6 outside notification area As of October 25, 2019: 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. Survey of the building C. Letter from Dr. Cecelia Garcia Akers D. Letter from Lori Atkins E. Letter from the American G.I. Forum F. Public Comments Received (if any) G. Original Zoning Case and Ordinance H. Design Specifications of the Building https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1019-07 AGCE Corp (3001 Morgan Ave)/Council Documents/Report - AGCE Corp.docx Staff Report Page 6 Staff Report Page 7 Staff Report Page 8 Staff Report Page 9 Staff Report Page 10 Case No.: C1104-03 CITY COUNCIL ZONING REPORT Planning Commission Hearing Date: November 3, 2004 Applicant: City of Corpus Christi Landmark Commission Owner: National Archives and Historical Foundation of American G. I. Forum Agent: City of Corpus Christi Landmark Commission and W. Thomas Utter Legal Description/Location: La Gloria Subdivision, Block E, Lots 3, 4, 5, 6, 7, 8 and 9 located along the southwest corner of Morgan A venue and Bright Street. From: "I-2" Light Industrial District To: "I-2"/ "HC-I" Light Industrial District with a Historical-Cultural Landmark Overlay Area: 0.75 acre Purpose of Request: Obtained historical designation for the former medical office of Dr. Hector P. Garcia, M.D. Zoning Site "I-2" Light Industrial District North "I-2" Light Industrial District South "I-2" Light Industrial District East "I-2" Light Industrial District West "I-2" Light Industrial District Existing Land Use G.I. Forum office and former medical office Former State highway department buildings Vacant lots Vacant lots and medium density residential Auto repair shop Future Land Use General Commercial Public/Semi-Public Low-density residential General Commercial Light Industrial District Area Development Plan: Westside Area Development Plan -The existing "I-2" Light Industrial District allows for general commercial and office uses as recommended by the future land use plan. The historical overlay district does not change the intent of the future land use of the subject site, but will assist in the revitalization of commercial and office uses intended for the property. Map No.: 047043 Zoning Violations: None Zoning Report Case No. 1104-03 (City of Corpus Christi Landmark and W. Thomas Utter) Page2 • On September 23, 2004 the Landmark Commission held a public hearing on the former medical office of Dr. Hector P. Garcia, M.D., to designate the subject property currently zoned "I-2" Light Industrial District with the overlay designation "HC-I" Historical-Cultural Landmark Preservation. The subject property is identified as a significant historical element of the city under criteria 28A-4.01.04 for designation of landmarks within the zoning ordinance. The Landmark Commission found that the property is identified with a person who significantly contributed to the culture and development of the City. • Dr. Hector P. Garcia is recognized for his community service as a medical physician in Corpus Christi, as well as a political and social activist. Reports indicate that "Dr. Garcia's work began in the late 1940's. When establishing his medical practice in Corpus Christi, he discovered that many Mexican-American veterans of World War II were encountering a wide variety of problems. One of the problems was receiving prompt hospital care. Veterans were required to travel to San Antonio where the closest veterans' hospital was located. To combat this situation, a group of veterans, headed by Dr. Garcia, worked to bring their cause to the attention of public and federal officials. The group was successful in having a contract drawn between the Naval Hospital at the Naval Air Station and the Veterans Administration in servicing veterans." • Data on the subject property indicate the lots were platted as La Gloria Subdivision on January 2, 1940. Such lots were sold to Wanda Garcia, wife of Dr. Hector P. Garcia as her separate property and estate August 17, 1956. A construction contract was executed by Dr. Garcia. and wife, Wanda Garcia, in the amount of $82,000 to Everett W. Williams to build a commercial building. The construction contract for the commercial building was dated March 15, 1965 and a subsequent loan to renew the construction contract occurred September 27, 1965. Upon completion of the commercial building, Dr. Garcia practiced his medical profession within this structure. Later a portion of the building was leased to Rufino Garcia, III for a drug store. On February 14, 1986, Wanda Garcia conveyed half interest of the subject property to Dr. Garcia. Upon Dr. Garcia's death in 1996 the subject property was devised to his wife, Wanda Garcia. On January 28, 2000, Wanda Garcia sold the east half of Lot 3 and Lots 4, 5, 6, 7, and 8 to the National Archives and Historical Foundation of American G. I. Forum. Lot 9 was purchased by Dr. Garcia separately in 1969 and he later sold the lot to the National Archives and Historical Foundation of American G. I. Forum, July 2, 1984. C:\Users\phi 11\AppData\Local\Packages\microsoft. windowscommunicationsapps _ 8wekyb3d8bbwe\LocalState\Files\SO\l 42\Attachments\1104- 03Report[ 4356].doc Zoning Report Case No. 1104-03 (City of Corpus Christi Landmark and W. Thomas Utter) Page 3 :i 0 ~ -~ ~ i. -00. "'1 • • Demolition procedures for a "r,C-I " overlay designation would require a 60 day review period from the demol~ion permit request date. If no action is taken by the Landmark Commission d ing the initial 60-day period the property owner may proceed with the demortion. In the event the property owner and the Landmark Commission are iot in agreement after the 60-day period, the Landmark Commission may limpose an additional 60-day review period to continue dialogue with the property owner to encourage preservation of the property. After the end of the aggregate period, the property owner may obtain a demolition permit to demolish the property if preservation of the structure is still undesirable. The "HC-I" overlay designatioti is a classification for buildings normally open to the public. Exterior building mpdifications would require Landmark Commission review and action within 30 days of the building permit request date. If no action is taken by the Landmark CoF.ission within the 30-day period the property owner may proceed with the 1'odification plans without Landmark Commission approval. In the event the propfrtY owner is not in agreement with the Landmark Commission's exterior buildin~ modification action during the 30-day period, the Landmark Commission may cpntinue dialogue with the property owner for an additional 90 days. If an agreement between the Landmark Commission and the property owner cannot be r+olved after the 90-day period, the Landmark Commission must issue a Certificate of Appropriateness for the requested building modification. Street Type Paved Section Volume (2001) Morgan A venue Arterial 80' ROW w/62' Bk. To Bk. 10, 190 a.d.t Paved section Bright Street Local 50 ' ROW w/ 28' Bk to Bk Not available Paved section ~ .e S: _s The subject property consists of five (5) plhtted lots. 00. C:\Users\phill\AppData\Local \Packages\microsoft. windowscommunicationsapps _ 8wekyb3d8bbwe\Loca1State\Files\S0\142\Attachments\l l 04- 03Report[ 4356].doc Zoning Report Case No. 1104-03 (City of Corpus Christi Landmark and W. Thomas Utter) Page4 The Landmark Commission is fulfilling its charge of designating, classifying, and protecting historical elements of the City of Corpus Christi, per the "HC-I" Historical- Cultural Preservation Landmark overlay designation of the Zoning Ordinance, policy guidelines of the Preservation Plan, and element of the Comprehensive Plan. In 1997 the Landmark Commission completed the Corpus Christi Historical Site Survey and prioritized each property as to its historical valve to the city. Once properties were identified and prioritized the Landmark Commission continued to meet with property owners to promote preservation of their structure through the "HC-I" Historical-Cultural Landmark Preservation overlay designation. The proposed "I-2" District with a Historical-Cultural Landmark classification ("HC-I") on the subject property accomplishes the goals of the Preservation Plan. Approval. Approval. Number of Notices Mailed-47 Favor -0 Opposition -0 (As of October 29, 2004) Attachments: Zoning Map C:\Users\phill\AppData\Loca l\Packages\microsoft. windowscommunicationsapps _ 8wekyb3d8bbwe\Loca1State\Files\S0\142\Attachments\1104- 03Report[ 4356].doc . ' ... RECEIVED DEC 3 0 2004 /~()""''\ ,. ~ ~~ ') ')'"' /5 /'' ·~ ~ AN ORDINANCE ! . .* ~, () 9 0 N .'" J.1 ~ ,._. "· ,D.~ .. '·Lt f S? ... • ... ,..,, ... :.1<,. T'""' .:.i , ... ,.: 0 I C> . ._; "' N AMENDING THE ZONING ORDINANCE, UPON APPLtcATIQN. . ··. iij BY CITY OF CORPUS CHRISTI LANDMARK COMMISSIEtff, BY . ~j CHANGING THE ZONING MAP IN REFERENCE TO LOTS 3,4,S'~t.8 \'icfv/ AND 9, BLOCK E, LA GLORIA SUBDIVISION, FROM "l-2" LIGHf i ---' / INDUSTRIAL DISTRICT TO "1-2" WITH "AC-1" LIGHT INDUSTRIAL DISTRICT WITH HISTORICAL-CULTURAL LANDMARK CLASSIFICATION; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of City of Corpus Christi Landmark Commission for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public , public hearings were held on Wednesday, November 3 , 2004, during a meeting of the Planning Commission, and on Tuesday, December 21 , 2004, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, 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 public health , necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Lots 3,4,5,6,7,8, and 9, Block E, La Gloria Subdivision, located along the southwest corner of Morgan Avenue and Bright Street, from "1-2" Light Industrial District to "l-2" with "HC-1" Light Industrial District with a Historical-Cultural Landmark classification. (047043) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance . SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:\LEG-DIR\Joseph\Zoning-04\ 1104-03Regular.doc ~ o (3L~ a:; Ot< yY\ A.'f'B0ok DI< l-tL-11 .C. fi:-;:;A Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan , the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed . SECTION 6. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. That upon written request of the Mayor or five Council members, copy attached , the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 21st day of December, 2004. ATTEST: Armando Chapa City Secretary APPROVED ~ '" 2004 t THE CITY OF CORPUS CHRISTI Samuel L. Neal , Jr. Mayor, The City of Corpus Christi H:\LEG-DIR\Joseph\Zoning-04\ 1104-03Regular.doc Page 3 of 3 Corpus Christi, Texas __ day of ____ , 2004 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth i n the emergency clause of the foregoing ord inance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore , request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced , or at the present meeting of the C ity Council. Respectfully , Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote : Samuel L. Neal , Jr. Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A . Kinnison Jesse Noyola Mark Scott H:\LEG-DIR\Joseph\Zoning-04\ 1104-03Regular.doc .. _J I .J i -1 j---· I • i--··-- 1 ' 14--:- ~--- l 1----- i :---- . l l J I ! ! I I '~~ r-----· I SUBJECT ~AR~EL ~ L-- '--'---t--L---.---l..------- MORGAN AVE. I _J l R~~ j T ' . -8 ': i I ,\,1lm\,··'\·!· ·!·! '~ I l.. _._ ii: 1 I "'-• I I ! L' I !---- ",, ·1·111 '//··'/ I I I 'IL I ---' _l. _...L .... LL ·~ . I "'-J I '/-:; F-R farm Rurat District R~TH fownhOl.b~ Cwt:llmg Oisliic.t RE Ruidential Estate Oi~trtct RA On• F~mHy OwaJliog Di:mitl R·1A On& Family Dwelling Oictrlct R-16 On• Family Dwelling District R·1C Omt f;amdy Owemng Oistrkt City of Coipu$ Christi. TX R-2 Multiple OwelHng District Tu1A Travel Trailer Petrk D1stricc T-1S. Maoufattured Home P-atk District T-1C Maouf.actured Home Soho1vb;lo n District A-1 A.panmont House Ol$tri~t A ·1A Apil.rtment House Oisulct A·2 Apanmeni House Ol5 trlct AT Apairtmom·Tounsl Oistticl AB Profes.sional Office 01str1u A-2 e-1 "'lei9hbcithoorl Su.!.lness Dlsttict 8·1A N~ighborhood Busin•SS Olstnct B·2A Barrier Island Business Oistrici 6·2 Bityf.rofit Bus1nfJSS District BO Corpus Chnsti BHGh Oesign Oistriet a~ Businu.; OistHtt a-4 General Busm ess Oit>toct 8-$ Primary Bus1ncu Olstrh;t 8-6 Primary Bu&1non Core 01st·rict 1-1 Llmtted Industrial 0 1stuct en 0 c: -I :I: "'C 0 ~ ~ m I i I '-------- 1-2 Light Industrial Olstuct 1-l Heavy Industrial Oisttlcl SP Spec.iaf Permjt PUO Ptann-.d Unil O•velopment HC tilstoric .. !.CutturaJ 1,,.:rtu:hnark ?1uerv~tion A NORTH 0 100 200 Feet ....... c:=::::::'.J SPECIFICATIONS FOR THE CONSTRUCTION OF THE GARCIA BUILDING AT MORGAN & BRIGHT STREET r I 11 11 r l f I [ l [ I 11 11 lJ i I 11 ll I J l I l i 1.01 General description. The building will be L shape and ap- proximately 100 feet along the north face and approximately 120 feet along the east face. The structure will be of reinforced concrete con- struction. Masonry will be of brick. Interior floors will be concrete subfloors with various surface treatment including but not limited to ·~· asphalt tile sheet vinyl parquet wood and ceramic tile, all specified elsewhere herein, interior walls and partitions will be steel studs with steel plates anchored at top and bottom, sheeted on one or both sides with sheetrock, plywood, or other dry wall material as specified herein. Some areas may have wainscot of ceramic tile or formica and may have wall surface treatment of sheet formica from floor to ceiling. Jams and frames will be of wood constructed to fit the opening size indicated and bolted to the adjacent steel studs . The ceiling will be of compressed acoustical fiber suspended from wires imbedded in the concrete roof slab. Interior lighting shall be prov i ded by plastic lights replacing the a- coustical fiber panels (commonly referred to as suspended ceiling). The building will contain year round air-conditioning and electrical systems, plumbing includes an oxygen distribution system. All exposed after com- pletion concrete will be rubbed after forms are removed. Window mullions will be of aluminum as will window stools. All exposed surfaces will re- quire a finishing treatment of some type. It should be noted by each contractor that the extent of the work by the electrical contractor, the mechancial contractor, and the air-conditioning contractor, and each other contractor is specifically set-out on the drawings orin the speci- fications and variation therefrom is the individual provfnce of the con- tractors . The responsibility for the condition of the finish work shall be as indicated on the drawings by the contractor indicated. 1.02 Location. The building location is on lots 4, 5 and east ~ of lot 3, lots 6 and 7 of the La Gloria addition, block E bordered on the north by Morgan Avenue and on the east by Bright Street. 1.03 Form of contracts . The contract will be available for inspec- tion in the office of James M. De Anda, Attorney at Law, Suite 530 Wilson Building. 1.04 Supervision . Supervision of construction will be by James C, Flanagan, Agent-engineer for Dr . Hector P. Garcia. Dr. Garcia may at any time replace the supervising engineer by giving the contractors one day written notice. The enginee r will appoint a representative from time to time to handle specialized phases of the work. When a representa- (1) tive is designated in writing, his actions shali be limited by the designa-· tion and when he acts within the designation, it shall be considered that his acts are as binding as those of the aforementioned agent engineer, 1.05 Safety. The contractor shall maintain a safe and clean job location at all times ~uring construction and so long thereafter as he may be working at the Jobsi~ and shall furnish a certificate holding the Doctor harmless from all acts of negligence during construction. The con- tractor will maintain accurate records of all accidents and will report to the engineer in writing those resulting in death, hospitalization, or loss time in excess of eight hours. The contractor shall hold the Doctor harmless from all damage to his materials at the job location until auch job has been accepted and occupied by the Doctor, 1.06 Performance and payment bonds, A performance bond shall be required as stipulated in the contract in the amount of the contract and a payment bond of sufficient amount to cover all obligations for materials and permitted subcontracts for work outstanding as stipulated in the con- tracts. 1 .. 07 A bid bond of 5% of the greatest amount bid shall be furnished :i.n c ·rnh o:.: by approved surety at the time of the submission of bids. The cash or certificate of surety will be returned within 30 days after the taking of bids. 1,08 Completion. The entire work shall be completed in 220 calendar days after receipt of notice of award or any other communication author- izing the contractor to proceed. 1,09 Materials of specific manufacture, Where trade names or names of products are used, this indicates that this shall be furnished. How- ever the contractor may obtain from the engineer in writing permission to substitute but such permission must be granted in writing. Where trades names and/or numbers are used to specify items to be furnished by the con- tractor, the contractor shall submit same in writing. The words or ap- proved equal following trade names indicate that approval of substitution may be obtained from the engineer and the engineer is the sole judge as to whether the item furnished is equal to that specified, Where dimensions vary on an item furnished as an equal it shall be the contractors responsi- bility to verify these dimensions prior to submission for approval and indicate that the substitution is installable. (2) 1.10 Definitions, All words used in these specifications and on these drawings shall be as defined in the section of specifications entitled definitions. Words not so defined shall be defined by the first definition or applicable definition in Webster's Unabridged Die tionary, Engineer, The engineer referred to in the contract documents is James c. Flanagan, Registration No. 12703. The Owner. The owner of the building is Dr. Hector P. Garcia of Nueces County, referred to in the contract documents as Dr. Hector P. Garcia, Dr. Garcia, or the Doctor, or the Owner. The Building, The building is the entire structure to be erected at the corners of: Morgan and Bright Streets upon the real estate des- cribed herein. The Drawings. The use of the word "the drawings" refers to the itemized numbered reproductions furnished to the contractors to delineate the scope of the work and graphically represent what is to be accomplished and what will be present after construction, and what will be included in construction. These Specific;ations. These specifications are the written deline- ation of the scope of the work and the description of what is to be ac- complished to construct the building. The contracts, the drawings and these specifications comprise the contract documents and govern the ac- complishment of the job. l, The Southern Building Code. 2. The National Plumbing Code. 3. NFBU Pamphlet No. 70. 4. The National Refrigeration Safety Code. (This is the code es- tablished as a minimum in the use of toxic and hazardous refrigerants and high pressure lines by the American Society of Air-Conditioning and Refrigerating Engineers). 5. The City Code of the City of Corpus Christi 1 (3) Provided. The word "provided" shall mean the contractor will install in place furnishing all tools, labor, plant and equipment, and llli'.l,torhtl 1.wccss,n·y to produce a finished item. Indicate~. The word "indicated" refers to a detail on the drawing or the drawing itself which shows the scope of the work. Work. The word "work" refers to that which is to be accomplishE:d by the contractors as specified herein, indicated on the drawings, or called for in the other contract documents, or the contract. 1.11 Governing Codes. It is to be borne in mind by the contractor that the listed codes are those which require the construction of a safe and workable installation and represent the minimum requirements of this job. All other specifications and drawings are in excess thereof. When required by a code listed herein, it shall be furnished and this work is pr:edi.c;Jtcd on the assumption that the contractors are able to provide competent and efficient journeymen in each craft throughly familiar with the work at hand and able to do work of such a nature has to be judged by the t1·ade in general and an expert in the field to be first class work- manship. Governing specifications and code are as listed hereinbefore. L12 Clean-Up. At the end of the construction prior to occupancy by the owner within the time limit of the contract, the contractors shall le:}ve the working premises in a satisfactory condition. Where paint is dropped, splashed or splattered on the floors, walls or glasses or other surfa1ces, the same shall be cleaned off and surfaces left in a satis., f;wtory and r-,leaned condition as good as new •. All rubbish shall be hauled from the site and the entire area left in a condition judged by the engineer to be that of common normal usage in keeping with all housekeep- ing pncc tic(;s as determined by the building occupancy. L13 Earthwork. General requirements, The work includes all eKca- vatlon and backfilling to bring the finish work to the required grade, txenching for utility lines drilling of the foundation holes. Grading and disposal of surplus dirt and storing same in the area indicated by the engineer within the boundary limits of the jobside as defined herein and bids should be based on the following: That surface elevatations are as indicated on the plot plan. That no pipes nr other artifical obstructions exsist beneath the surface of (4) the ground to be encountered except where indicated on the plot plan 1 That no hard material will be encountered. In case conditions diffe:r:ing from these are encountered the contractor shall immediately stop work and the engineer will direct what further steps shall be taken to rem1cive this obstructing material, The engineer at his option may provide for this removal separate and apart from the contract under the permit for the razeing of the existing building and should this delay occur the time of the delay will be added to the time limit of the job construction. 1.14 Misc~llaneous steel, iron and other metal work. Various items of ferous or non-ferous metal are indicated on the plans and specifications and these shall be as indicated thereon and specified herein. Welding shall be dope in a manner that will prevent permanent buckling and all welds exposed as f:l,.nisq work shall be ground smooth, All finish~.d and all machine surfaces shall be level to line and true. Anchors and bolts shall be as indicated and threads shall be clean. The use of drilled holes and anchors of an approved type will be permitted. Iron and wire as specified in the structural contract and as shown on the structural drawings will drop from the ceiling and will be used to support various installed units such as ductwork, ceiling, light fixtures and other items as needed. A combination jam and door buck shall be erected plumb and true, bolted and placed at each door opening. Anchors shall be provided in the steel plate of the interior walls and exterior walls partitions not more than 6 inches from the door bucks, Aluminum thresholds shall be of treated cast abrasive aluminum and shall have non-slip upper surfaces to within 3 inches of the jams. Thresholds shall be furnished as indicated on the drawings. Inserts and sleeves of approved type shall be provided when necessary for the support of piping, mechanical equipment or apparatus and other works. Some inserts and sleeves are indicated on structura~ drawings and these are to be installed at the time the concrete is poured, Supports for folding doors shall be of exactly the same manufacture as the door unless approval for substitution is provided in writing by the engineer. All surfaces of steel and iron work except zinc coated irqn work and work to be incased in concrete shall be given a shop coat of red- lead paintr Subject to approval under the painting section of these specifications, (5) 2.01 Masonry. All facing brick shall be of the same type as th~; approved sample furnished and shall have true faces straight and sharp edges and corners, Only one size brick may be used throughout the weiY:k, Bats shall be sawed from wholebrick, true and straight, The brick sha11 be red and shall conform to federal specifications No, SS-B 656, Sand shall be approved, shall be cleaned and free from dirt soil and organic matter q.nd pther impurities. Water for mixing shall be fresh and clean and free from acids, alkalies, or delirious material which will cause bleeding or encrustion upon the brick, The brick shall be acid in nature in order that efferveses shall not occur, Mortar shall be one part port- land cement, one part lime and six parts sand, or one pa rt masonry cement and three parts sand, The aggregate shall be mixed in such a manner that the material shall be distributed uniformally throughout the mass, 2.02 Mort;ar shall be mixed in such quanties that it will not obtain an inital set before it is used, Brick courses shall be run in such a manner that weight shall not be placed on courses of brick which are laid up on mortar which has taken an initial set until 24 hours has expired from the initial setting time. After the sample brick has been ,selected the contractor shall notify the engineer of the width of mortar joint he intends to use and which shall be modular for the wall height indicated by the drawings. Joints shall be not less than 3/8 or more than ~ inch thick, which also applies to the mortar courses. Brick ties shall be fasten<l to the studs of the exterior walls, evenly spaced so that one gal- vani?ea iron tie is provided for each one and three quarter square feet of wall surface, The practice of throwing mortar in the air space between the brick and the exterior wall will not be permitted, 2,03 Cleaning, Upon the completion all masonry work shall be pointed where. necessary. All exposed surfaces or exterior and interior common brick work shall be washed with a suitable solution of muratic acid and rinsed thoroughly with clean water, All other exposed surfaces or exterior and interior n~sonry work shall be scrubbed with warm water and soap and rinsed thoroughly with clean water. All work affected by the process of cleaning so that it is not as intended shall be replaced, (6) 3.01 Roofing sheet metal, work, membrane water proofing and in- sulation. A build-up roof over a concrete slab shall be provided, including all the flashing and the metal gravel guards. The roof in- cludes the insulation indicated by the cross sections over those areas indicated on the plans , 3.02 Ceiling insulation shall be provided as hereinbefore speci- fied and shall be vegtable fiber compressed and treated to provide a K factor of not less than .27 per inches thickness and treated chemically to resist fire and decay. The specifications are those of Celotex Manufacturing Company but competetive products are available on the mar- ket and will be approved after submission to the engineer. Sheet metal shall be galvanized steel where indicated and shall conform in thickness to the requirements of NFBU pamblet No. 91 or shall be of copper where indicated and shall be of the gage indicated where copper is required, (7) 4. 00 Carpentry and Joinery. Carpentry shall consist of all inte.rior work and the cutting and placing of both the steel and the wooden cabinet;: . work and interior framing. 4.01 Doors shall meet the requirements of grade A door by the Fir Door Manufacturing Institute or grade 1 of the National Woodwork Manu- factures Institute and all doors shall be of hardwood surface. 4,02 Gum or Maple Density. Special hardwoods are indicated on the drawings and are required for the interior treatment and shall be provided only where indicated. Special hardwoods for the adjacent doors shall be provided and the finish shall be indentical with that of the adjacent hardwood wall, 4.03 All doors jams, trims, heads, bucks and other woodworks shall be as detailed, 4.04 Cabinet work. All cabinet work shall be of shop manufacture of the quality of Del Mar Cabinets or equal, It is anticipated that all cabinet work shall be made locally in local cabinet shops. Sketches or shop drawings of proposed cabinets must be furnished for the engineers approval. 4,05 All hardware shall be non-ferous and of such hardness and structural strength as the engineer may require, This does not eliminate the use of aluminum hardware but thickness of aluminum hardware shall be such as to obtain the equilivant strength of solid copper or brass hard- ware. Most hardware for cabinets and doors is indicated on a hardware schedule and this specification shall not be constured to eliminate the requirement that this be furnished of the manufacture indicated. An ap- proved equal will be considered on all hardware provided it is accompanied by sufficient catalogue data and information to faciltate the comparison of the originally specified or indicated hardware and that proposed as a substitute. As an exception to above certain cabinet pulls are to be chrome plated steel, (8) 6.00 Painting, All paint shall be of an alkyd resin type and shall be Valspar of Sherwin and Williams or equal, Wood surfaces shall be painted with three coats of paint or three coats of varnish as directed. All surfaces shall be cleaned and thoroughly dry before painting and sanded between coats, The method of application shall be within the pro- vince of contractor but the finished product shall be equal to that which would be obtained with fine brush work with thorough sanding between coats. All paint colors shall be submitted to the engineer for approval. An approval of the finish painting shall be subjected to the sample retained by the engineer and the matching of the same throughout the building. The contractor is invited to note the minimum amount of colored brushwork within the building in order that this particular clause of the specifi~ cation shall not result in an unduly high contingency, 6.01 Vinyl asbestos tile floors shall be provided of the manufacture indicated, All mortar setting beds of ceramic tile flooring and ceramic tile placed on the wall shall consists of 4 cement and 2 parts of said volume or an approved equal submitted by the contractor prior to usage. 6,02 All ceramic tile shall have courses and joints that run straight and true, Cut tile shall have no cut edges exposed and all finish shall be with bullnose tile and all corners shall be made with returns and cups specially formed prior to kilning. Cut corners and returns will not be permitted in ceramic tile work. (10) 7.01 Air-Conditioning, Air-conditioning shall be as indicated on the plans specifically for air-conditioning. Factory assembled units shall be factory wired, The engineer will furnish all testing equipment necessary to test the air-conditioning equipment and capacities shall be as indicated on the drawings. It is not the responsibility of the air- conditioning contractor to furnish the capacity but rather comply with specifications for mechanical and electrical equipment. Failure of per- formance shall be the responsibility of either the manufacturer or the engineer. The manufacture shall furnish with each item a parts book and an instruction book and a lubrication manual indicating the period of time of lubrications and various other services necessary, Power consumption shall be indicated with the submission of equipment other than that specified where the contractor seeks to substitute an approved equal. 7,02 The contractor shall furnish also the proposed guarantee intended for each item of air-conditioning equipment, All refrigerant piping shall be seamless hard drawn copper conforming to type K federal specifications No. WW-T-791 and shall be soldered with a medium bard solder throughout, Flexible joints of the man11fac ture indicated shall be provided. 7.03 Pressure gages and service connections shall be as indicated on the drawings< The responsibility of the manufacture for installing strainers to remove free particles in the refrigerant piping is the con- tractors responsibility and the price of contract includes servicing these strainers periodically until such time as service is no longer necessary, 7,04 Duct work, Supply, return and outside air ducts shall be fabricated to the sizes shown on the drawings and installed in a neat and workmanlike manner, Unless indicated and specified otherwise, duct work shall be fabricated as follows: 7.05 (Minimum duct size up to 12 inches; U.S. standard gage 26, 13- 30 inches; 24 gage, 31-60 inches; 22 gage, over 60 inches 20 gage,) Duct hangers shall not be less than 20 gage iron and use of wires and hangers in the slab of the roof or the floor where same is not set by air-condi- tioning contractor shall only be with prior approval of the engineer. Duct connections from the air-conditioning unit shall be equipped with canvas connections approximately six inches in length unless approved con- nections of a pre-manufactured type are sumitted for approval and use, (11) 11 ' I I ! I ! 11 11 11 I I I. I 11 i I I. I ' I I . ; . I I Elbows and duct work shall be square where possible with reinforcement: as indicated on the drawing. Square elbows shall have approved air-turning vanes which may be of shop manufacture. Radius elbows shall have a center line radius as indicated on the drawings. Variation from the duct work plan shall be permitted where approval is first obtained in writing from the engineer. Much of duct work and air-conditioning system has been in- stalled with a thought in mind that service for a thirty year period is required and variation from indicated means of installation will not per- mitted, 7.06 Insulation. All supply air ducts shall be insulated externally, Where square ducts are indicated with one inch thick fiber glass board. Approval of sheet metal ducts insulated internally or externally when of a proper size and aspect ratio may be obtained in writing from the engineer. It is the responsibility of the air-conditioning cortractor to initiate the proposal for substitution in duct work, A non-permeable vapor barrier shall be provided, 7.07 Registers and grills shall be of the manufacture indicated, (12) 9. 01 Piping Requirements. The work includes providing a complete plumbing and steam system for the building and includes but is not lirnit:ed to sanitary sewer, soil waste and vent, steam, hot water, cold water, gas, plumbing fixtures, drains, fittings, valves, pipings, pumps, boiler, water heaters, insulation, accessories, and connections to items provided by other contractors. Piping shall be inspected, tested, and approved before being buried, covered, or concealed. 9.02 Capacities of equipment and size of piping shall be as indi- cated. 9.03 Steam piping shall be black iron or sch 40 steel pipe with threaded fittings and connections and this shall be subjected to a vaccum for test which vacuum it will maintained for a period of eight hours, In lieu of a vaccum test, a pressure test of 30 lbs. per square inch may be conducted by the engineer against a mercury column mannometer to be pro- vided by the contractor. All steam piping shall be insulated with two inches of fiber glass, Hot water piping shall be of copper with soldered connections and shall be insulated with one inch of fiber glass insula- tion. All insulation provided shall be covered with one coat of pasted on canvas and painted, All cold water piping shall be of copper and shall be insulated with ~ inch of fiber glass plus an aluminum vapor barrier where said piping is internal to the building (not below floor). 9.04 Where holes and recesses must be provided in walls, floors, ceilings or any other parts of the building to admit piping. Sleeves shall be provided. No cutting of structural members will be permitted, Bored holes in the concrete shall be cut with a tool which leaves a round hole of the proper size to admit pipe and insulation. All finish surfaces shall have mounted thereon, a die cast chrome plated eschuteon to conceal work necessary to admit the pipe. All valves shall conform to the valve schedule and shall be installed as indicated on the drawings. Steam traps shall be used to eliminate condensate from all steam lines and shall be of the manufacture indicated. (14) 10.01 Suspended Acoustical Tile Ceiling. Where indicated, the Acoustical Tile Ceiling contractor shall provide an acoustical tile c;;z&l" ing as shown on the drawings and of the manufacture indicated, The elec t:rical contractor will place lamps above to provide the illumin<ltioit! and the furnishing of the 11.nninescent or transparent or translucent, p<U'"'"'l '"' in the acoustical tile ceiling shall be the responsibility of the elect.ri cal contractor. Guy-wires in the concrete shall be provided by the structural contractor for the support of the ceiling. (15) 12.00 Delineation of the Work. 12.01 Plumbing. Provide all sinks, lavatories, water closets, floor drains, water coolers, water heaters, shower fittings, and all valves, piping, to service the above, and oxygen distribution system, a gas line into the equipment room, and storm drains below grade, lead flashing for roof vents as required by the above work. 12.02 Electrical, Provide all wiring, switch gear, panels, lamps, light fiictures, circuit protection, intercoms and music system, conduit for telephones, switching and metering outlests as indicated. 12.03 Roof. Provide all sheet metal flashing except specified in plumbing and air-conditioning, and a 20 year bonded, built up roof, with two inches of the thernral insulation under the roof and above the roof slab. Surface to be graveled. Insulation is not required in some areas of the roof, as indicated on the drawings. 12.04 Ceiling. Provide a light steel framework suspended from tie wires to support acoustical tile panels and translucent panels as indicated. Product of Johns Mansvilles or approved equal. 12,05 Structural Contractor shall provide work shown on drawings of Mr. Bill Ogletree. 12.06 Concrete Contractor. Provide sidewalks, curbs, lintels, cast opening frames, manhole caps and flag pole base. 12.07 Foundation and Framework. vide all structure and items indicated bearing seal of William B. Ogletree. Drill holes and pour concrete, pro- on drawings or specified on documents 12.08 Brick. Provide all masonry, mortar, set lintels furnished by concrete contractor, set miscellaneous iron as indicated. Bricks to be furnished are to be submitted with bids along with a certificate of Ph, A.S.'I!M. designation, manufacture and shipping date proposed. Sample"S""may be submitted for criticism prior to biding. 12.09 Cabinet. Provide all-cabinets, shelves, furniture, doors, door jams, hardware for the above, fasting plywood behind formica, and finish (17) trim to floor around cabinets, doors and any of the above items. 12.10 Carpentry. Provide all interior, non··structural frame work, including walls complete with unfinished sheet rock (not taped and float;;d) insulation, exterior gypsum board, vapor barrier sealing on exterior dry walls, studs, plates, joists, wood base on sheet rock. 12.11 Glass. Provide all windows, mirrors, glass doors, glass shelves, glass shower doors, together with all associated metal work to provide a completely glazed installation. Windows and doors shall be weather proof, 12.12 Floors. Provide terrazo tile, ceramic tile, vinyl asbestos tile, and parquet tile with one complete demonstration of normal maintain·· ance (cleaning and waxing). Note: Ceramic tile walls and ceiling where indicated are in this contract. 12.13 Air-Conditioning. Provide equipment as indicated, chill water piping, steam piping, hot water heater, sheet metal duct, all insulation associated with the above and terminal utility connections as indicated. 12.14 Paint to a complete finish all wood work, cabinets, doors, tape and float true all sheet rock, and finish sheet rock or paneling as indicated, paint concrete on the interior where exposed. (18) I I I I .. I ! XIII. STRUCTURAL 13.01 Scope. This section of the specifications shall govern for furnishing all labor, equipment, plant and materials for location, layout and construction of the concrete foundation, structural shell and attachments, as presented on the structural plans and as described in these specifications. 13.Dl.l Responsibility to following contractors, The contractor shall be held to have examined the full set of plans and specifications so as to be aware of all sleeves, anchors and other appurtenances which must be installed in the concrete frame to provide for proper completion of the building. All such items shall be installed unless specifically omitted herein-after. 13.Dl.2 Location. Location of the building shall be established by the contractor from the plat of the site, furnished by the Owner, and shall be as follows: Lots and Subdivision (Ref. these specifications, Section 1.02). The line formed by the west face of Foundation Beams lB-16,17 and 16 shall be eight feet and eight inches (8'-8") east of the west property line which is the westerly limit of the east t of lot 3. The line formed by the south face of Foundation Beams lB-13,11,12,14 and 15 shall be one and one-half inches (D-lt"l north of the south line of lots 3,4 and 5. 13.02 Special Conditions. In case of conflict between the General and Special Conditions, the General Conditions shall prevail. 13.02.l Specifications. Titles and numbers are used for convenience and ~hall not be considered part of the specifications or as a cor- rect or complete segregation of the several units of materials and labor, It shall be the responsibility of the Contractor to prevent omissions or duplications by his Sub-Contractor. 13.02.la. The Contractor shall submit, with his bid, the name of any and each Sub-Contractor quoted in compilation of the bid submitted. 13.02.2 Permits. Permits and licenses of a temporary nature shall be provided by the Contractor. Permits, licenses and easements for permanent improvements shall be provided by the Owner. (19) 13.03 Foundation, Excavating and Grading, The Contractor shall do all excavating, backfilling, cutting, filling and grading as shown and required and as specified herein for the completion of the building, except as otherwise noted. 13.03.1 Surface Water. The Contractor shall keep all excavation free from water at all times during the execution of the work, and to that end shall furnish such pumps as may be necessary, together with appurtenances and power therefor. 13.03.2 Excavation Beneath Building. Excavate as necessary to permit the complete forming and form removal of grade beam soffits, suspended slabs, and beams close to grade, etc. The excavation beneath the building shall be graded to provide a general slope, from all areas under the building, to the area directly below the mechanical room (see drawings). The total slope shall be at least three inches but nmt more than six inche~. Excavated earth fr6m under the building shall be stock-'piled as specified in section 1.13. ~ 13.03.3 Backfill. At the proper time, backfill all open excava- tions. Earth for backfill shall be laid in two (2) foot thick lay- ers and shall be thoroughly compacted to properly settle same: no debris shall be used as backfill. Care shall be taken to keep back- fill from filling the space under exterior grade beams, and the Contractor shall place concrete or masonry material along the outer face of beams to accomplish this. Maintain level of backfill for period of guarantee. All fill materials shall be approved by the Engineer, 13,04 Underreamed Footing Foundation. The building shall be sup- ported on under-reamed pile foundations with sizes of shafts and bells as shown on the structural drawings. 13.04.1 Layout, Prior to the drilling of any pile holes the Con- tractor shall lay out the foundation and place stakes at the center of each pile locations, Prior td the removal of lines for access of drilling machines the Contractor shall notify the Engineer and allow sufficient time for the lgcation of the building and pile lo- cations to be checked. The Contractor shall provide such assis- tance as may be required for this checking • . ( 21) 13,04.2 Drillihg and Underream Equipment. The pile shafts shall be drilled with adequate and acceptable equipment and machinery to insure a plumb shaft for the full depth of the foundation. The limitations of the equipment of the lowest bidding foundation sub- contractor will not determine the final depth of the footing. The final depth of the foundation will be determined by the Structural Engineer, on the job site at the time of the drilling operations. The base or ball of the f6undation ~ill b~ excavated by hand and/or machinery to the lines and dimensiohs set· forth on the plans and ' shall be concentric to the shaft. 13.04,3 Inspection of Footing Excavation. The Contractor shall furnish an electric light and rotating template for surface check- ing of the entire excavation, The centerline of the foundation shall be transferred accurately from the surface batter boards and lines to the bottom of the excavation by means of a plumb bob; and a piece of reinforcing rod, 3/8" round by 18" long, shall be driven into the bottom of the ball at this point to form a fixed center or hub to rotate the checking template, No concrete will be poured until the Engineer has checked the excavation and the placement of the reinforcement therein. 13.04,4 Shafi Reinforcing Steel, After the placement of the reinforcing steel, which shall be set in the center of the hole, the Contractor shall proceed with the placing of the concrete required to fill the hole, Reinforcing shall be accurately set and shall be held so that the top is 2" below the top of the shaft, 13.04.5 Concrete Placement. All concrete shall be poured into the foundation excavations thru metal tremies and the distance from top of the pour and the end of the tremis shall not exceed six feet at an9time during the pouring operation, After the concrete has taken its initial set and before it has hardened, the top of the shaft will be worked over with a wood float to remove all laitance and insure a hard surface for bearing beams to be poured later. I . . . (22) 13.05 Reinforced Concrete. This section of the contract con- sist of furnishing all labor, equipment, and materials and pla- cing all plain and reinforced concrete as requir~d for the com- pletion of the building structure. All concrete work in- cluded in other sections of the specification that is not speci- fically described therein shall comply with the requirements of this division. 13,05.l General. Concrete shall be composed of fine and coarse aggregates, portland cement, water and such other ingredients or admixtures as may be specified herein which, when mixed and har- dened, will have the required strength and durability, Standard specifications and methods mentioned herein are considered to be editions in effect at the date of invitation for bids. 13.05.2 Materials. Cement; Cement shall be Type I Portland Cement, the com- position, making handling and storage of which shall conform with A.S.T.M. C-150, Type III (High Early Strength) cement may be used if approved by the Engineer, Cement which has become damp, lumpy or otherwise affected so as to reduce its strength, shall not be used in the work. The Contractor shall furnish mill certificates for all cement used in the work if requested by the Engineer, Aggregates: Natural aggregates shall be of proven quality and suitable for use in the specified classes of concrete. Mater- ials from unproven or questionable sources or proven materials in- tended for special usage, if submitted for approval by the Engin- eer shall be tested at the expense of the Contractor. Natural Aggregates: Fine and course aggregates shall comply with A.S.T.M. C-33 except that aggregates which by actual tests and service records are shown to produce concrete of the 1 required quality may be approved by the Engineer, Maximum size (~},.of coarse aggregate shall belt", or as otherwise indicated on the structural drawings, ( 2 3) Water: Water used in mixing concrete shall be clean and free of organic substances and deleterious matter. Admixtures: Except for an approved air-entrainment averaging 3% but not exceeding 5%, no other admixtures shall be used without the approval of the Engineer. The air-entraining agent shall be septamene, .darex, or vinsol resin, Expan~ion Joint Material: Expansion joint material shall be premoulded •saturated felt, or other approved material as indicated on the drawings. 13.05.3 Proportioning and Mixing ~oncrete, Concrete for the var- ious members of the structure shall develop a minimum compressive strength in pounds per square inch within 28 days as indicated on the drawings, Concrete may be proportioned and mixed on the job, dry-batched for mixing on the job, or procured from a ''transit- mixed'' concrete plant. 13.05.3a. If ''transit-mixed'', the mixing and transporting oper- ations shall conform with A.S.T.M. C-94. Mixing water shall not be added after a truck has left the plant except by permission of the Engineer or his representative. No concrete shall be used in the work which has been held longer than it hours in a mixer truck. 13,05.3b. If dry-batched to the job site, the batching plant oper- ations shall conWorm with A.S.T,M. C-94. Transportation of the dry materials shall be performed in such a manner as to prevent loss, segregation or contamination of the ingredients. 13.05.3d, Aggregates shall be proportioned by weight unless a satisfactory volumetric method of measurement is approved by the Engineer. The use of fractional sacks of cement will not be per- mitted unless the cement is proportioned by weight. Water shall be measured by an accurate measuring device which can be adjusted to compensate for variations in the free moisture content of the aggregates. Retempering of partially hardened concrete or mortar will not be permitted. (24) Concrete shall be proportioned so as to include the minimum amount of water to obtain a workable mix in accordance with the limits prescribed. 13,05.3e. The determination of the proportions of cement, aggre- gate and water to attain the required strengths shall be esta- blished by tests which shall be made in advance of the beginning of operations using the consistences suitable for the work and in accordance with the "Standard Method of Making Compression Tests of Concrete'', A.S.T.M. Serial designation C39-latest edition. 13.05.4. Natural Aggregate Concrete. Compressive Strength at 28 days psi 2500 3000 5" Maximum Slump Maximum Aggregate Size Minimum Cement Content 94# sack/cu.yd. 4.5 5.0 Maximum Total water gal. I sack of cement 7.25 6.5 For slumps greater than 5'', such additional cement shall be added as is necessary to produce the required strength. 13.05,5 Testing Laboratory Services. A recognized Independent Testing Laboratory will be selected by the Engineer with the ap- proval of the Conctractor to perform the following services at the expense of the contractor: Inspect .and test all concrete materials, except that items such as domestic cement and domestic reinforcing steel covered by mill certificates need not be tested by the Laboratory. Make and test concrete cylinders at t~e frequency of one set of three specimens per 50 cubic yards of concrete for each class placed or fraction thereof per day's pour, ( 2 5) 13.05.5a. All inspections and tests are to be performed in ac- cordance with applicable A.S.T.M. standards. In the event the Laboratory determines deviations from specifications, the Engin- eer and Contractor shall b~ notified immediat~ly. Written reports covering all inspection and testing operations shall be furnished promptly to the Engineer and Contractor. 13.05.5b. In addition to the foregoing function, the Testing Laboratory shall be considered available to consult with the Contractor, and his Sub-Contractors in respe,10t to the design, proportioning and mixing of concrete. The Contractor shall co-operate with the T~sting ~aboratory so that the functions of the Laboratory may be properly performed. 13.05.6. Forms. All concrete members ~hall be formed at sides and bottom. Forms shall be so constructed that the finished con- crete will conform to the shape, for exposed surfaces shall be dressed to a uniform thickness and srall be free of loose knots and other defects. Joints in forms shall be horizontal or ver- tical. Lumber once used in forms, or used lumber, shall be cleaned and satisfactorily reconditioned, All concrete members exposed to view shall be framed with plywood or as otherwise approved by the Engineer. 13.05.6a. Forms shall be sufficiently tight to prevent the leak- age of mortar. They shall be properly shored, braced, and other- wise supported so as to maintain the desired position and shape during and after placing concrete. 13.05.6b. Belts and rods preferably shall be used for internal ties; they shall be so arranged that when the forms are removed no metal shall be within one inch of any surface. Shores suppor- ting successive stories shall be placed directly over those below, or so designed and placed that the load will be transmitted direct- ly to them. ( 2 6) 13.D5.6c. Suitable moldings or bevels shall be placed in the angles of forms to rou~d or bevel, as indicated, the edge of the concrete at all exposed corners. All exposed external carriers of beams, girders, columns, and other concrete work, shall be chamfered as shown.on the drawings. 13.D5.6d. The inside of ing mineral oil or other before the reinforcement forms shall be coated with a non-stain- approved material. Oil shall be applied is placed, 13.05.6e. Temporary openings shall be provided at the base of column forms and at other points where necessary to facilitate cleaning and inspection immediately before depositing concrete. 13.D5.6f. The removal of beam and slab soffit forms shall be sub- ject to the Engineer's approval and shall not be started until the concrete has attained at least 70% of the specified compressive strength. Construction live loads shall be supported by suitable shoring of beam and slab soffits. 13.05.7 Depositing Concrete, No concrete shall be placed until the forms and other conditions are approved by the Engineer, and until all pipes, conduits, sleeves, thimbles, hangers, anchors, flashing and other work required to be placed in the concrete have been properly ins€alled, No concrete shall be placed at any time except under the direct supervision of the Engineer or his authorized representatives. 13.05.7a. Concrete shall not be placed when the temperature is 0 45 F., or less and falling. It may be placed when the tempera- ture is 40°F. or more, and rising, provided there is no reason to expect a drop in temperature to below 45°F. within 12 hours of the conclusion of the pour. 13.05,7b. Hardened concrete and foreign materials shall be re- moved from the inner surface of mixing and conveying equipment before any concrete is mixed. ( 27) Before depositing concrete, forms shall be thoroughly wetted and all debris removed. 13,05. 7c. Water shall be removed from the space to be occupied by concrete, and any continuous flow of water shall be diverted to a sump or removed by pumping. l3.05.7d. Concrete shall be deposited in the forms as rapidly as practicable b~ methods which will prevent the loss or separa- tion of the ingredients. It shall be deposited as nearly as practicable in its final position and in such a manner as to maintain a plastic surface which is approximately horizontal. 13.D5.7e. Concrete during and immediately after depositing shall be thoroughly compacted by means of approved mechanical vibrators. 13.05.7f. Depositing Continuously. Concrete shall be deposited continuously, or in layers of such thickness that no concrete will be deposited against concrete which has hardened, If a section cannot be placed continuously, construction joints may be located at points as provided for in the drawings or approved by the Engineer. If for any reason it shall become necessary to stop the placing of concrete at places other than those indicated on the drawings, such places and the manner of making the joint, shall require the approval of the Engineer. Adequate provisions shall be made against shear by means of keys or added reinforcement or as otherwise directed. Before depositing new concrete against old, the forms shall be retightened, and hardened surfaces cleaned and covered with a coating of mortar or neat cement grout. At least two hours must elapse after depositing concrete in the columns or walls before depositing in beams, girders, or slabs, supported thereon. Beams, girders, brackets, column capitals, and haunches shall be considered a part of the floor system and shall be placed integrally therewith, unless otherwise shown. '(28) 13,05.7g. Concrete shall be moist cured for at least seven days in a manner approved by the Engineer. A liquid or inert chemi- cal surface curing agent or other means of curing concrete may be used in lieu of the wet sand if approved by the Engineer. 13.D5.7h. Patching and Surface Finishing. Any honey-combed or rough surfaces shall be filled and finished with a mortar of the same proportions as the concrete following inspection by the Engineer.immediately after removal of forms. 13.05.8 Finish. All concrete shall be finished as indicated on the drawings and/or specified, After tie rods and bolts are re- moved, the holes shall be filled solid with cement mortar. All concrete to be painted shall have a smooth surface, free of holes, form marks, etc. All concrete to be painted or left exposed shall be rubbed with a carborundum stone to obtain a smooth finish which shall be free of holes, form marks, etc. Rubbed surfaces shall be approved by the Engineer. 13,05,Ba. Finished concrete surfaces, as indicated to be finished monolithically as they are poured shall receive a dry mixture of cement and sand sprinkled over rough concrete,' mixed in proportion on one part of cement to one and one-half lltl parts of sand sif- ted through a 16 mesh screen. At least 150# of this dry mix shall be evenly troweled to a smooth even finish, without defects, by an experienced cement finisher. 13.05.Bb. Concrete sub-floors to receive asphalt tile or other floor coverings shall be steel troweled to a smooth finish and face free from irregularities, holes, scales, and in all ways suitable to receive asphalt tile floor covering. 13.05.Bc. After the first troweling, the Contractor shall sprin- kle over the outside four· inches of all exterior concrete step treads sufficient No. 40 Carborundum or Aloxite Grit, to provide as anti-slip edge. Not less than + oz. of grit shall be used for each lineal foot of step or landing. This grit shall be troweled into the finish surface. ( 2 9) 13,05,Bd. All angles of steps shall be rounded with 3/4" redi~s tools. Edges of porches shall be rounded with l" radius tools. All stair risers, treads, and landing shall receive a fine broom finish. 13,05.Be. Honeycomb and minor defects in all concrete surfaces shall not be patched until approyal has been given by the Engineer. 13,06 Reinforcing Ste~l. All reinforcing steel shall conform to the requirements of the American Society of Testing Materials Standard Specifications for that particular material. All rein- forcement shall be Intermediate Grade, Deformed Bars, rolled from new billet stock. Al5-50T reinforcing steel. Deformation shall conform to A,S,T.M. A305. All wire mesh reinforcement shall cbn- form to the requirements of the Standard Specification of the A.S.T.M. for cold drawn wire for concrete reinforcement. AB2-34 cold drawn wire, Al85-37 Wire Mesh. Wire mesh in gypsum roof deck shall be hot-dip galvanized after fabrication. 13.06.l Certificates and Testing. The Contractor shall furnish mill certificates for all reinforcing steel of domestic manufac- ture used in the work. The Contractor shall furnish laboratory test for all for~ign made reinforcing steel used in the work. If the contractor elects to supply reinforcing steel of foreign man- ufacture, laboratory test which consist of tensils strength test, yield point, elongation in eight inches, area, and bending test shall be provided at the rate of one test per each five tons of steel, with the further provision that a minimum of at least one such test shall occur within each "heat" or "lot" of steel. The testing laboratory expenses shall be borne by the Contractor. ( 30) 13.06.2 Condition and Support of Reinforcing Steel. Metal rein- forcement, at the time the concrete is placed, shall be free from rust scale or other coatings that will destroy or reduce the bond, Metal reinforcement shall be accurately placed in accordance with the plans. Wire slab bolsters and spacers, wire high cha~rs, wire b~i chairs, wire joist chairs, and other approved accessories shall be used to support steel above formwork. The number, size, type, and spacing shall be in accordance with the recommendations of the joint committee, Concrete Reinforcing Steel Institute, ex- cept as otherwise detailed. 13.06.3 Bends. Bends for stirrups and ties shall be made around a pin having a diameter not less than two times the minimum thick- ness of the bar. Bends for other bars shall be mad~ aiound a pin having a diameter not less than six times the minimum thickness of the bar, except that for bars larger than one inch, the pin shall be not less than eight times the minimum thickness of the bar. All bars shall be bent cold. 13.06.4 Cover. The metal reinforcement shall be protected by the thickness of concrete indicated on the plans. Where not otherwise shown, the thickness of concrete over the reinforcement shall be as follows: Where concrete is deposited against ground without the use of forms, not less than three (3) inches. In beams, girders, and columns not exposed to the ground,not less than 11 inches. In slabs, joists, and walls not exposed to the ground or to the weather, not less than 3/4 inches. In canopy slabs, not less than 1 inch. All laps or splices shall be of a length eq~al to 30 bar dia- meters o This also applies to temperature reinforcing. Reinforcing shall be bent from app~oved shop drawings submit- ted by this Contractor to the Engineer in triplicate prior to fabricat·ion. ( 31) 13.07 Structural Stssl, "Standard Specifications Buildings", A.S.T.M.-A7, Structural stssl shall conform to the for Structural Staal for Bridges and as amended to data. 13.07.l Fabrication. All structural steel members shall be rolled shapes of the dimensions and tolerances established as acceptable by the A.I.S.C. Specifications, Fabricatio~ shall be conducted in compliance with t~e Sections of the A.I.S.C. Specifications (Part V) establishing fabrication practices in the shop. Shop coat of primer shall bs Tnemec #99, rad pr,imer; ' 13.07.2 Shop Drawings. Structural Steel shall be fabricated from approved shop drawings submitted by the Contractor to the Engineer in triplicate prior to fabrication" 13,07.3 Erection. plumb and true and loads and stresses erection. All structural steal members shall bs erected braced as required to take cars of all erection to which ths msmbsrs shall be subjsctsd during 13.07.3a, All field connections shall be made with 3/4 inch un- finished bolts unless otherwise specified. No connection shall be secured until all members stiffened by the connection are properly aligned, 13.07.Jb. All bolts, field welds, also all serious abrasions to the shop coat, shall bs spot painted with Tnemsc #99 red primer after er~ction, ( 3 2) 13.08 Open Web Steel Joists, All open web steel joists shall be fabricated, 'handled, erected and secured in strict accordance with the recommendations of the Steel Joist Institute. Joists are sized end noted on the drawings with sizes established by the Steel Joist Institute. 13.08.l End Anchorage. End bearing shall in all cases be on steel angle joist seats as here-in-after specified. The joist shall be welded to the seats as prescribed by the Stindard Specifications for Open Web Joists. 13.08.2 Field Welds. All field welds shall be made with deposit- ing electrodes by an electric arc welding machine and in accor- dance with the recommended standards of good practice of the American Welding Society. 13.08.3 Bridging, Diagonal bridging shall be installed in com- pliance with the recommendations of the Steel Joist Institute, Upon completion of the diagonal bridging, and after inspection by the engineer, horizontal bridging along the lower chord of the joist, shall be installed parallel to and at each row of diagonal bridging, Horizontal bridging shall be a + inch diameter steel bar welded to the lower chord of 'the joists. 13,08.4 lower Chord Extensions, shall be provided for all joists ceiling occurs. Standard ceiling extensions where suspended accoustical 13.09 Miscellaneous Steel and Iron. Miscellaneous steel and iron in this section of the specifications shall include all structural steel shapes, iron inserts in the forms for use by succeeding contractors, suspension wire inserts, sleeves, and other items which are normally required in the completion of the portion of a building covered by this section of the specifica- tions, all of which shall be provided and installed by the Con- tractor. The above inumerated items shall not be considered a complete list of items covered, but a guide to the required per- formance of the Contractor. ( 3 3 ) 13.09.l Angle bearing seats: Steel angles of the size and weight noted in the drawings shall be provided, in place, to re- ceive steel open web joists, bulb tee sub purlins (herein-after specified) and wood floor sections over openings. All angles not specifically noted to be hot dip galvanized shall receive one shop coat of Tnemec #99 red primer. 13,09.2 Anchor Bolts. All anchor bolts shall be provided as noted or implied to anchor, support or restrain structural mem- bers as shown on the drawings or specified, Bolts shall be of the sizes and lengths noted and shall be hot dip galvanized. They shall be accurately located and set in the concrete forms to provide secure attachment of indicated members after the concrete forms have been removed. 13.09.3 Hanger inserts in concrete forms. As noted in 13.05.7, the Contractor shall provide all sleeves for piping, slotted pipe hanger inserts and all other required inserts in the concrete forms prior to placing the concrete. 13.09.3a. Slotted inserts for pipe hangers shall be of an approved type with slots for 3/8 inch diameter hanger rods. The slots sh~ll be placed at right angies to the direction of run of the pipe to provide minor alignment of hangers. Inserts shall facilitate proper support of piping and the insert spacing shall not exc~ed the following distances between hanger inserts: For pipe sizes 1 11 and smaller lt11 i -tu 2 11 ztn and larger Cast Iron Soil Pipe ( 3 4) Spacing 7' 8 I 9' 10 1 11 1 5' 13.09.3b. Pipe Sleeves, Where pipes pass through concrete members, galvanized pipe sleeves shall be used, Sleeves which pass through the floor shall extend 2 inches above the finished floor in all chases,, concealed areas, and Mechanical Rooms, and shall be flush with the finished floor in any exposed areas. Sleeves shall be secured in place and allow l inch between the sleeve and insulation, 13.09.3c. Hanger wires shall be inserted through the roof slab forms to provide support for the suspended ceiling grid. Hanger wires shall have a twisted end of at least 4 wraps to provide proper anchorage in the concrete slab and extend for a length of zt feet below the slab. Wires shall be #12 galvanized mild steel hanger wires spaced in a pattern 4 feet on centers in longitu- dinal and transvers directions, 13,09.3d. Inserts not enumerated but normally required shall be of ~he type, size, spacing and quality of the materials for which they are to provide support. 13.10 Rough Carpentry. The work to be done under this heading of the specifications includes the furnishing of all labor, ma- terials, equipment and services necessary for and properly inci- dental to the completion of all carpentry work throughout the structural portion of the job as shown on the qrawings and as herein specified, The work includes: all concrete forms, alJ rough framing, miscellaneous framing and bracing. 13.10.l Measurements. The Contractor shall verify all measure- ments on the plans. He shall be held responsible to have chetked the measurements on plans to ascertain if the various items on the job co-ordinate. Should any discrepancies in figures dimensions be found the Contractor shall notify the Engineer before executing any portion of the work. ( 3 5 ) 13.10.2 Quality of Materials. All materials shall be specified herewith. Where no specific grads or size of material is specified for certain items of miscellaneous framing, the Contractor shall furnish same of a grade and size suitable for and consistant with the use thereof. 13.10.2a. All yellow pins shall be cut from mature Southern Pins Timber. It shall meet the requirements of the current specifica- tions of the Southern Pins Association for the grads specified. All material shall be properly kiln dried except where net sizes are specified, be machined to the nominal size indicated or spec- ified. 13.10.2b. All fir shall meet the above requirements, except that the grading shall be those of the Association under whose juris- diction the material is manufactured. All lumber shall bear the official grads and specie mark of the Association under whose jurisdiction it is manufactured. 13.10,2c. Concrete form lumber shall be of such quality as to permit the construction of straight, tight, rigid forms, except that plywood shall be used to form all exposed concrete. 13.10.3 Concrete forms. The Contractor shall provide all concrete forms required for all concrete work. Shaft caps shall be formed so that concrete may be poured to the proper grads. All grads beams shall be formed on sides and bottoms and all forms shall be removed as elsewhere specified; Forms shall be constructed so that the finished concrete sections are straight and true to line and otherwise in accordance with the information shown on the draw- ings. Plywood shall be used to form all exposed concrete, both in- side and outside building. ( 3 6 ) 13.11 Poured Reinforced Gypsum Roof Deck. The Contractor shall furnish all labor, material and equipment and install poured gypsum roof deck complete with all cants, curbs and drainage fills as shown or specified. 13.11.1 Materials. 13.11.la Steel Sub-Purlins shall be #158 Bulb Tees. All sub- purlins will be cut to length so that all ends will bear a min- imum of l" on roof supports. All sub-purlins shall be painted with one shop coat Tnemec #99 red primer. 13.11.lb Formboards shall be permanent type: (a) Flintrock Gypsum Formboard i'' x 32 11 width cut to length to fit two (2) main purlin spaces. 13,11.lc. Reinforcing mesh shall be welded galvanized wtre mesh as here-in-before specified, having 12 gauge longitudinal wires sp-aced 4 11 o.c. with 14 gauge transverse wires spaced 8" o .c. 13.11.ld. Gypsum Concrete. Flintrock Gypsum Concrete shall be mill mixed calcined gypsum, and shall conform to require~ents of A.S.T,M. designation C317. 13.11.2 Installation 13.ll.2a Steel Sub-Purlins shall be welded to main purlins with i fillet welds placed on alternate sides of sub-purlins. They shall be welded to a straight line. ·The ends of all tees shall be welded as above to sloped angles along reinforced concrete beams. 13.ll.2b. Formboards shall be placed on the flanges of the sub- purlins with all ends of the formboard supported on main purlins, brick ledges, cross tees or structural supports. Cut formboard to fit neatly at walls, openings, curbs, etc. as required, ( 3 7 ) 13.ll.2c. Flintrock Gypsum Concrete shall be job mixed with clean Water only. Pour over formboards to an average minimum thickness of 2 inches, Screed to a smooth even surface free from defects, ready for application of the roof covering. Cants, curbs, saddles and drainage fills shall be poured in accordance with drawings. Large shallow 2" maximum depth drainage fills may be poured inte- grally with the main slab. After completion of all the pour, in- cluding cants, curbs, etc., the deck shall' be swept clean ready for the roof covering. 13.12 Backfill, Grading and Cleaning, 13,12.l Backfill and Grading •. The Contractor shall perform the backfilling against grade beams (as herein before specified) and grading as shown on the drawings, or as directed by the Engineer providing a smooth and sightly terrain, free of earth mounds and hollows that prevent proper drainage and sloping away from build- ing. All trees on the site shall be protected by this contractor except those within the building lines. Those trees within the building line shall be removed by this Contractor. All tree stumps, old foundation work, side-walks, etc., within the area to receive finish grading shall be removed by this Contractor. All shell within the limits of the area to receive fill dirt for fine grad- ing (other than the area under the building structure proper and adjacent sidewalks), shall be excavated and removed from the site prior to placement of final grading, 13,12.2 Cleaning. Upon completion of the work the Contractor shall remove all Contractor's equipment, unused materials, level all excavations to the proper levels as indicated in details. All excavations which have been backfilled and which have settled below the proper grade shall be refilled to the proper level. The building and all grounds surrounding the building shall be left cleanb ( 3 8 ) ACGE Corp. Rezoning for a Property at 3001 Morgan Avenue From “IL/H” To “IL” Zoning Case #1019-07 N City Council January 14, 2020 2 N 4.62 Acre Remainder Aerial Overview 3 Zoning Pattern 4 Landmark Commission, Planning Commission, and Staff Recommendation Denial of removing the “H” Historic Overlay District •Proposed rezoning is inconsistent with the adopted Comprehensive Plan (Plan CC) and incompatible with the adjoining residential properties. •The proposed rezoning is also contrary to the Corpus Christi Preservation Plan and the Unified Development Code (UDC) concerning the preservation of properties with a historic and cultural value. Specifically, as the former medical office of Dr. Hector P. Garcia, M.D. 5 Exterior of the Building 6 Interior of the Building 7 Interior of the Building 8 Survey 9 Public Notification 34 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 10 UDC Requirements Buffer Yards: IL to RS-6: Type D: 20’ & 00 pts. Setbacks: Street: 20 feet Side & Rear: N/A Parking: 1:225 Square feet (Medical Office) Landscaping, Screening, and Lighting Standards Uses Allowed: Light Industrial, Retail, Offices, Vehicle Sales, Bars, and Storage 11 Utilities Water: 8-inch PVC Wastewater: 12-inch PVC Gas: 2-inch Service Line Storm Water: Roadside Inlets DATE: November 25, 2019 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1119-04, Virgil and Carolyn Greene (District 4). Ordinance rezoning property at or near 3846 and 3850 Herring Drive from the “R-MH” Manufactured Home District to the “RS-6” Single-Family 6 District. SUMMARY: The purpose of the zoning request is to allow for the construction of a single-family home. BACKGROUND AND FINDINGS: The subject property is 0.50 acres in size consisting of two lots and an existing manufactured home. The owner would like to demolish the existing manufactured home and construct a traditional single-family home. The “R-MH” District permits manufactured homes with a density of 8 dwelling units per acre in manufactured home subdivision. The “RS-6” District permits single- family homes with a maximum density of 6 dwelling units per acre. Conformity to City Policy The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for low density residential use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). However, an amendment to the Future Land Use map is warranted. 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. While the subject property is located within Accident Potential Zone 2 (APZ-2) of the Air Installation Compatibility Use Zone (AICUZ) map, the proposed single- family home is a use-for-use replacement and not increasing density within the existing neighborhood. Public Input Process Number of Notices Mailed 26 within 200-foot notification area 5 outside notification area Rezoning a property at or near 3846 and 3850 Herring Drive AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 01/14/20 Second Reading Ordinance for the City Council Meeting 01/21/20 As of November 8, 2019: 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. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “R-MH” Manufactured Home District to the “RS-6” Single-Family 6 District on November 13, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “R-MH” Manufactured Home District to the “RS- 6” Single-Family 6 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “R-MH” Manufactured Home District to the “RS-6” Single-Family 6 District with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1119-04, Virgil and Carolyn Greene (District 4). Ordinance rezoning property at or near 3846 and 3850 Herring Drive from the “R- MH” Manufactured Home District to the “RS-6” Single-Family 6 District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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 during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lots 1 & 2, Block 1, Holliday Harbor as shown in Exhibit “A”: from the “R-MH” Manufactured Home District to the “RS-6” Single-Family 6 District. The subject property is located at or near 3846 and 3850 Herring Drive. Exhibit A, which is a map of the subject property, is attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. 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. Page 2 of 4 SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 4 Exhibit A PLANNING COMMISSION FINAL REPORT Case No. 1119-04 INFOR No. 19ZN1034 Planning Commission Hearing Date: November 13, 2019 Applicant & Legal Description Owner: Virgil R. Greene & Carolyn S. Greene Applicant: Saldana Consulting Location Address: 3846 and 3850 Herring Drive Legal Description: Lots 1 & 2, Block 1, Holliday Harbor, located along the west side of Herring Drive, north of Yorktown Boulevard, and west of Laguna Shores Road). Zoning Request From: “R-MH” Manufactured Home District To: “RS-6” Single-Family 6 District Area: 0.50 acres Purpose of Request: To allow for the construction of a single-family home. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “R-MH” Manufactured Home Low Density Residential Low Density Residential North “R-MH” Manufactured Home Low Density Residential Low Density Residential South “RS-6” Single-Family 6 Low Density Residential Low Density Residential East “R-MH” Manufactured Home Low Density Residential Medium Density Residential West “RS-6” Single-Family 6 Low Density Residential Low Density Residential ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for low density residential uses. The proposed rezoning to the “RS-6” Single-Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC). However, an amendment to the Future Land Use map is warranted. Map No.: 036027 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 125 feet of street frontage along Herring Drive which is designated as a “Local/Residential” Street. The subject property has approximately 160 feet of street frontage along Yorktown Boulevard which is designated as a “C2” Secondary Collector. According to the Urban Transportation Plan, Secondary Collector Streets can convey a capacity between 2,000 and 5,500 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Herring Drive Local/Residential 50’ ROW 28’ paved 50’ ROW 20’ paved N/A Yorktown Boulevard “C2” Secondary Collector 65’ ROW 41’ paved 81’ ROW 35’ paved 2,205 ADT (2013) Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “R-MH” Manufactured Home District to the “RS-6” Single-Family 6 District to allow for the construction of a single-family home. Development Plan: The subject property is 0.50 acres in size consisting of two lots. Existing Land Uses & Zoning: The subject property is currently zoned “R-MH” Manufactured Home District, consists of an existing manufactured home, and has remained relatively unchanged since annexation in 1961. To the north and south are properties also zoned “R-MH” Manufactured Home District and consist of other individual lots with manufactured homes. Holiday Harbor subdivision was platted in 1961. To the east is the Laguna Shore Village RV Park and is zoned “RV” Recreational Vehicle District. To the west are properties also zoned “R-MH” Manufactured Home District and consist of other individual lots with manufactured homes. One property was rezoned to “RS-6” Single-Family 6 District in 1994 to allow for the construction of a single-family home. AICUZ: The subject property is located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ): Accident Potential Zone 2 (APZ-2). Plat Status: The property is platted. Utilities: Water: 6-inch C900 line located along Herring Drive. Wastewater: 8-inch VCP line located along Herring Drive. Gas: 2-inch Service Line located along Herring Drive. Storm Water: Road side drainage located along Herring Drive. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Flour Bluff Area Development Plan and is planned for Low Density Residential uses. The proposed rezoning to the “RS-6” Single-Family 6 District is consistent with the adopted Comprehensive Plan (Plan CC) and the Flour Bluff Area Development Plan. The following policies should be considered: • 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). • Adopt appropriate regulations consistent with the recommendations of the Joint Land Use Study. (Future Land Use, Zoning, and Urban Design Policy Statement 4). • 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). • The City should maintain constant contact with the Navy to maintain accurate record of any changes to these zones and change as appropriate any city regulations pertaining to these AICUZs. (Policy Statement B.5 Flour Bluff Area Development Plan) Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC). However, an amendment to the Future Land Use map is warranted. • 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. • While the subject property is located within Accident Potential Zone 2 (APZ-2) of the Air Installation Compatibility Use Zone (AICUZ) map, the proposed single-family home is a use-for-use replacement and not increasing density within the existing neighborhood. Planning Commission and Staff Recommendation (November 13, 2019): Approval of the change of zoning from the “R-MH” Manufactured Home District to the “RS-6” Single-Family 6 District. Public Notification Number of Notices Mailed – 26 within 200-foot notification area 5 outside notification area As of November 8, 2019: In Favor – 1 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) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1119-04 Virgil and Carolyn Greene/Council Documents/Report - Virgil and Carolyn Greene.docx Staff Report Page 4 Staff Report Page 5 Virgil R. Greene & Carolyn S. Greene Rezoning for a Property at 3850 Herring Drive From “R-MH” To “RS-6” Zoning Case #1119-04 N City Council January 14, 2020 2 N 4.62 Acre Remainder Aerial Overview 3 Zoning Pattern 4 Planning Commission and Staff Recommendation Approval of the “RS-6” Single-Family 6 District 5 Public Notification 26 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 1 O 6 UDC Requirements Buffer Yards: Type A: 5 points Setbacks: Street: 25 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Single-Family Homes, Home Occupations, Group Homes. 7 Utilities Water: 6-inch C900 Wastewater: 8-inch VCP Gas: 2-inch Service Line Storm Water: Road Side 8 AICUZ DATE: November 25, 2019 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 1119-05, Corpus Christi Housing Authority (District 1). Ordinance rezoning property at or near 2427 Francis Street from the “RS-6” Single-Family 6 District to the “RS-TF” Two Family District. SUMMARY: The purpose of the zoning request is to allow for the construction of two duplexes. BACKGROUND AND FINDINGS: The subject property is 0.49 acres in size. The owner is proposing to replat the subject property into two lots and construct a duplex on each lot. According to the applicant the purpose of the request is to make rental affordable housing for upper lower- & middle-income tenants by creating four individual housing units consisting of two single-story duplex buildings. Each duplex will accommodate two off-street parking spaces. The proposed duplexes will also serve as a transitional area between the existing single-family subdivision and the surrounding commercial businesses. Conformity to City Policy The subject property is located within the boundaries of the Westside Area Development Plan and is planned for medium density residential use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC) but warrants an amendment to the Future Land Use Map. It is compatible with the adjoining residential properties and does not have a negative impact upon the adjacent commercial properties. The proposed single-family development is consistent with the adjacent single-family residential subdivision. Additionally, the proposed duplexes will serve as a transitional area between the single-family homes and the adjacent commercial businesses. Public Input Process Number of Notices Mailed 18 within 200-foot notification area Rezoning a property at or near 2427 Francis Street AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 01/14/20 Second Reading Ordinance for the City Council Meeting 01/21/20 5 outside notification area As of November 8, 2019: 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. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “RS-6” Single- Family 6 District to the “RS-TF” Two Family District on November 13, 2019. ALTERNATIVES: 1. Denial of the change of zoning from the “RS-6” Single-Family 6 District to the “RS-TF” Two Family District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “RS-6” Single- Family 6 District to the “RS-TF” Two Family District with following vote count. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1119-05, Corpus Christi Housing Authority (District 1). Ordinance rezoning property at or near 2427 Francis Street from the “RS-6” Single-Family 6 District to the “RS-TF” Two Family District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application 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 during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lot 6, Block 0, Phillips 66 as shown in Exhibit “A”: from the “RS-6” Single-Family 6 District to the “RS-TF” Two Family District. The subject property is located at or near 2427 Francis Street. Exhibit A, which is a map of the subject property, is attached to and incorporated in this ordinance. SECTION 2. 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 including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. 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. Page 2 of 4 SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 4 Exhibit A PLANNING COMMISSION FINAL REPORT Case No. 1119-05 INFOR No. 19ZN1036 Planning Commission Hearing Date: November 13, 2019 Applicant & Legal Description Owner: Corpus Christi Housing Authority Applicant: Gary Allsup Location Address: 2427 Francis Street Legal Description: Lot 6, Block 0, Phillips 66, located along the south side of Francis Street, east of South Port Avenue, and west of Cleo Street. Zoning Request From: “RS-6” Single-Family 6 District To: “RS-TF” Two Family District Area: 0.49 acres Purpose of Request: To allow for the construction of two duplexes. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “RS-6” Single-Family 6 Vacant Medium Density Residential North “RS-6” Single-Family 6 Low Density Residential Medium Density Residential South “CG-2” General Commercial Commercial Commercial East “RS-6” Single-Family 6 Low Density Residential Medium Density Residential West “IL” Light Industrial Commercial and Light Industrial Commercial and Light Industrial ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for medium density residential uses. The proposed rezoning is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. Map No.: 047042 Zoning Violations: None Transportation Transportation and Circulation: The subject property has approximately 110 feet of street frontage along Francis Street which is designated as a “Local/Residential” Street. According to the Urban Transportation Plan, “Local/Residential” Streets can convey a capacity up to 500 Average Daily Trips (ADT). Staff Report Page 2 Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume Francis Street “Local/Residential” 50’ ROW 28’ paved 60’ ROW 30’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “RS-6” Single-Family 6 District to the “RS-TF” Two Family District to allow for the construction of two duplexes. Development Plan: The subject property is 0.49 acres in size. The owner is proposing to replat the subject property into two lots and construct a duplex on each lot. According to the applicant the purpose of the request is to make rental affordable housing for upper lower & middle income tenants by creating four individual housing units consisting of two single story duplex buildings. Each duplex will accommodate two off-street parking spaces. The proposed duplexes will also serve as a transitional area between the existing single-family subdivision and the surrounding commercial businesses. Existing Land Uses & Zoning: The subject property is currently zoned “RS-6” Single- Family 6 District, is the site of a former single-family home, and has remained vacant since 2011. To the north are platted single-family lots zoned “RS-6” Single-Family 6 District (Phillips, 1938). To the south separated by an alley are various commercial businesses consisting of a restaurant (Whataburger) zoned “CG-2” General Commercial District. To the east are platted single-family lots zoned “RS-4.5” Single-Family 4.5 District (Phillips 66, 1941). To the west separated by an alley are various commercial businesses consisting of an auto repair business (Danny’s Tire Service) and a distribution company (Garcia Banana Co.) zoned “IL” Light Industrial 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. Utilities: Water: 6-inch CIP line located along Francis Street. Wastewater: 6-inch VCP line located along the western alleyway. Gas: 2-inch Service Line located along the western alleyway. Storm Water: 21-inch line located along Francis Street. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for medium density residential uses. The proposed rezoning to the “RS-TF” Two Family District is generally consistent with the adopted Comprehensive Plan (Plan CC) and warrants an amendment to the Future Land Use Map. The following policies should be considered: Staff Report Page 3 • Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. (Housing and Neighborhoods Policy Statement 2). • Corpus Christi sustains and maintains established neighborhoods. (Housing and Neighborhoods Policy Statement 7). • Promote the stabilization, revitalization and redevelopment of older neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • 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 lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining residential properties, and does not have a negative impact upon the adjacent commercial properties. • The proposed single-family development is consistent with the adjacent single-family residential subdivision. Additionally, the proposed duplexes will serve as a transitional area between the single-family homes and the adjacent commercial businesses. Planning Commission and Staff Recommendation (November 13, 2019): Approval of the change of zoning from the “RS-6” Single-Family 6 District to the “RS-TF” Two Family District. Public Notification Number of Notices Mailed – 18 within 200-foot notification area 5 outside notification area As of November 8, 2019: 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. Proposed Site Plan C. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2019/1119-05 CC Housing Authority/Council Documents/Report - CC Housing Authority.docx Staff Report Page 4 Exhibit A Staff Report Page 5 Exhibit B Corpus Christi Housing Authority Rezoning for a Property at 2427 Francis Street From “RS-6” To “RS-TF” Zoning Case #1119-05 N City Council January 14, 2020 2 N 4.62 Acre Remainder Aerial Overview 3 Zoning Pattern 4 Planning Commission and Staff Recommendation Approval of the “RS-TF” Two Family District 5 Public Notification 18 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 6 UDC Requirements Buffer Yards: N/A Setbacks: Street: 20 feet Side/Rear: 5 feet Parking: 2 per dwelling unit Uses Allowed: Duplex Homes, Home Occupations, Group Homes. 7 Utilities Water: 6-inch CIP Wastewater: 16-inch VCP Gas: 2-inch Service Line Storm Water: 21-inch Line DATE: December 18, 2019 TO: Peter Zanoni, City Manager FROM: Gabriel Hinojosa, P.E., Engineer V, Utilities Department Daniel McGinn, AICP Director of Planning and Environmental Services CAPTION: Ordinance adopting the East London Area Wastewater Master Plan, an element of the Comprehensive Plan, to provide wastewater service to land located between the Oso Creek and SH 286 and between FM 43 and FM 2444; amending related elements of the Comprehensive Plan; and providing for publication. SUMMARY: The proposed amendment to the wastewater master plan as requested by landowner John C. Tamez for the east London area, located south and west of Oso Creek, north of FM 2444, and east of Highway 286, will create a new lift station basin to enable single-family development with City wastewater service and will increase flows to the Greenwood Wastewater Treatment Plant. Staff and Planning Commission recommend approval. BACKGROUND AND FINDINGS: John C. Tamez through LJA Engineering Inc. has requested this amendment to initiate the utility planning work that would be necessary to develop a proposed 281- acre single-family residential development in the east London area. At full buildout, Mr. Tamez plans to create 1,000 single-family lots on the 281-acre tract along with other potential development. The subject property was recently annexed into the city on December 10th, 2019. In conjunction with the applicant’s request for wastewater service, the City proposes the creation of a wastewater master plan for the area that would be built in two phases as development increases. Phase 1 will include a lift station designed to serve up to 0.45 MGD (Million Gallons Day) or approximately 600 single family dwellings. Phase 1 identifies the ultimate location of the wastewater lift station that will serve the larger basin of 2,696 acres but Wastewater Master Plan for the East London Area located South and West of Oso Creek, North of FM 2444, and East of Highway 286. AGENDA MEMORANDUM Public Hearing/First Reading for the City Council Meeting January 14, 2020 Second Reading Ordinance for the City Council Meeting January 21, 2020 also provides an option that would allow developers to take advantage of limited capacity of the existing gravity system just across the Oso Creek within King’s Lake Unit 1. The Phase 1 option requires a much smaller length of force main to be installed initially, opening up a portion of the subject property for development with less utility infrastructure investment. The proposed plan identifies the 2,696-acre lift station service basin area that would ultimately be served by the Phase 1 lift station. Phase 2 infrastructure improvements will involve the construction of an approximately 4.5-mile force main from the lift station that would tie directly into the Greenwood Wastewater Treatment Plant to the north. Staff is currently working on the technical analysis of how this larger basin will be served with a series of collection lines, trunk mains, and possibly smaller lift stations that would feed into the larger lift station constructed within Phase 1. The technical components of Phase 2 will be presented to the public and brought back to Planning Commission in the early part of 2020 with City Council action occurring shortly thereafter. ALTERNATIVES: No other alternatives were considered. FISCAL IMPACT: There is no financial impact associated with this item. RECOMMENDATION: Staff and Planning Commission recommend approval of Phase 1 of the Master Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance Applicant’s Request and Technical Memorandum PowerPoint Ordinance adopting the East London Area Wastewater Master Plan, an element of the Comprehensive Plan, to provide wastewater service to land located between the Oso Creek and SH 286 and between FM 43 and FM 2444; amending related elements of the Comprehensive Plan; and providing for publication. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the adoption of the East London Area Wastewater Master Plan, an element of the Comprehensive Plan of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, December 4th, 2019, during a meeting of the Planning Commission, and on Tuesday, January 14th, 2020, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that adoption of the East London Area Wastewater Master Plan would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCI L OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the East London Area Wastewater Master Plan (a part of the Comprehensive Plan of the City of Corpus Christi, Texas) is adopted by this ordinance as an integral part of the Comprehensive Plan to read as shown in Exhibit "A" attached to this ordinance and incorporated by reference. Phase 1 provides a wastewater capacity of 0.45 million gallons per day (MGD). Wastewater flows exceeding 0.45 MGD shall be addressed by a future Phase 2 East London Wastewater Master Plan. Phase 2 shall tie directly into the Greenwood Wastewater Treatment Plant to the north. SECTION 2. That to the extent that 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. That the Comprehensive Plan of the City of Corpus Christi, Texas, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remains in full force and effect. SECTION 4. That 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 hereof shall be given full force and effect for its purpose. Therefore, if 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, 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 official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ____________ Michael Hunter ____________ Roland Barrera ____________ Ben Molina ____________ Rudy Garza ____________ Everett Roy ____________ Paulette M. Guajardo ____________ Greg Smith ____________ Gil Hernandez ____________ That the foregoing ordinance was read for the second time and passed finally on this the _______ day of _______________, 2020, by the following vote: Joe McComb ____________ Michael Hunter ____________ Roland Barrera ____________ Ben Molina ____________ Rudy Garza ____________ Everett Roy ____________ Paulette M. Guajardo ____________ Greg Smith ____________ Gil Hernandez ____________ PASSED AND APPROVED on this the _______ day of _______________, 20 20. ATTEST: ________________________________ _________________________ Rebecca Huerta Joe McComb City Secretary Mayor TBPE F-1386/TBPLS 10104001 5350 S. STAPLES STREET, SUITE 425 CORPUS CHRISTI, TEXAS 78411 PHONE: 361.991.8550 WWW.LJA.COM TECHNICAL MEMORANDUM FOR: JOHN TAMEZ 271 ACRE TRACT NUECES COUNTY, TEXAS CONCEPTUAL WASTEWATER PLANS PREPARED BY: THIS DOCUMENT IS RELEASED UNDER THE AUTHORITY OF JEFF COYM, PE TX LICENSE NO. 101983 FOR INTERIM PURPOSES ONLY AND SHALL NOT BE USED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES DATE: JULY 24, 2019 JULY 24, 2019 TECHNICAL MEMORANDUM JOHN TAMEZ 271 ACRE TRACT NUECES COUNTY, TEXAS CONCEPTUAL WASTEWATER PLANS LJA Project No. C978-21125 Page 1 of 6 July 24, 2019 TBPE Firm Reg. F-1386 INTRODUCTION A. BACKGROUND The John Tamez 271-acre tract, as shown on Exhibit 1, is located south of, and adjacent to, the Oso Creek. The tract is in Nueces County and in the ETJ of the City of Corpus Christi. Mr. Tamez intends to develop the property into a primarily single-family residential subdivision. In order to accomplish this, wastewater service to the tract must be approved by the City of Corpus Christi. In order to address this issue, Mr. Tamez engaged LJA Engineering Inc. to prepare conceptual layouts and opinions of probable cost for options which may be available to serve the wastewater requirements of the proposed development. B. PURPOSE OF THIS MEMORANDUM As stated above, this memorandum will explore options, in a very conceptual way, to extend wastewater service to the Tamez tract. This memorandum is not intended to be a preliminary engineering report or a design memorandum, both of which require very detailed information and surveys not included in the scope of this report. C. LONDON AREA WASTEWATER PLAN The London Area Wastewater Plan, originally prepared circa 2007, was approved by the City Council in April 2017. The plan indicates that the Tamez tract would be served by a gravity sewer which would direct flows to a major lift station called CR 204 LS in the Plan. According to the Plan, the CR 204 Lift Station would have a peak design flow of 39.29 MGD. This would seem to indicate that the size and cost of the station would make it very unlikely to be constructed in any near-term scenario. The Plan calls for all flows to be directed to the Greenwood WWTP. D. MODIFICATIONS TO THE LONDON WASTEWATER PLAN Since the plan calls for wastewater service to the Tamez tract to be directed to the major CR 204 Lift Station, which would appear to be a very long-term plan, it presents an obstacle to a near term development. Hence, LJA has investigated the option of situating a lift station on the Tamez tract with a wet well sized for an ultimate service area of approximately 525 acres, on two of the options (Options 2 & 3). Another option (Option 1) would serve only the Tamez tract and would direct flows (for approximately 800 residences) from the lift station to an existing gravity sewer in the King’s Lake Subdivision, which is located across the Oso Creek from the Tamez tract. The property which would be utilized in the subdivision for the Oso Creek crossing, is adjacent to the Creek and is owned by Mr. Tamez. The flows in this option, which would allow construction of approximately 800 residences, would be accommodated by the Lakes Lift Station which is in the OSO WRP Basin. This option as well as the other three options, would require an amendment to the Wastewater Plan. TECHNICAL MEMORANDUM JOHN TAMEZ 271 ACRE TRACT NUECES COUNTY, TEXAS CONCEPTUAL WASTEWATER PLANS LJA Project No. C978-21125 Page 2 of 6 July 24, 2019 TBPE Firm Reg. F-1386 E. OPTIONS FOR PROVIDING WASTEWATER SERVICE TO THE TAMEZ TRACT LJA has developed three options for providing wastewater service to the Tamez tract. They are shown in conceptual form in Exhibits 2,3 and 4. They are briefly described as: Option 1 – New Lift Station (wet well sized for 200 acres, pumps sized for flow from 800 residences), 8” Force Main to Kings Lake Drive Gravity Sewer and Lakes Lift Station upgrade. Ultimately to the Oso WRP. Option 2 – New Lift Station (wet well and pumps sized for 525 acres of mixed use development) and 12” Force Main to new London Lift Station No. 1 and ultimately the Greenwood WWTP. Option 3 – New Lift Station (wet well and pumps sized for 525 acres of mixed use development) and 12” Force Main to the Greenwood WWTP. Preliminary Opinions of Probable Cost, which detail the items required for each option, are shown on pages 4 through 6. ANALYSIS OF OPTIONS A. GENERAL Engineering analysis of the various options utilized the following criteria and parameters: Residential Housing Density: 4 residences/acre Persons Per Residence: 3.5 Per Capita Daily Wastewater Flow :100 Gallons Per Person Peak Flow Factor (Peak Two Hour Flow) – New Development: 3.0 Peak Flow Factor (Peak two Hour Flow) – Lakes Lift Station: 2.5 I/I Flow: 400 Gallons/Acre/ Day Wet Well Volume Sizing TCEQ Design Criteria, Chapter 217 of TAC 30 V = T x Q / 4 x 7.48 Where V= Active Volume (cubic feet) Q = Peak Pumping Capacity (Gallons per Minute) T= Cycle Time (Minutes) For Pump motors with a horsepower rating less than 50, T = 6 minutes Wet well sizing will be for the ultimate flows however, the wet wells can be constructed in phases with the initial wet well construction incorporating a stub out for an interconnecting pipe between the near term and future wet wells being provided. The lift station site plan must take into account future wet well additions. TECHNICAL MEMORANDUM JOHN TAMEZ 271 ACRE TRACT NUECES COUNTY, TEXAS CONCEPTUAL WASTEWATER PLANS LJA Project No. C978-21125 Page 3 of 6 July 24, 2019 TBPE Firm Reg. F-1386 B. OPTION 1 – New Lift Station and 8” Force Main to Kings Lake Drive Gravity Sewer and Lakes Lift Station Upgrade. (Oso WRP Basin) See Exhibit 2 Peak Pump Flows (Calculated Peak Flow + 10%) Ultimate Peak Pump Flow (800 Homes): 700 GPM Wet Well Capacity New Lift Station Ultimate Flow 140 CF It is judged that a combination of interconnected wet wells with diameters between 6’ and 8’, depending on actual calculated flows derived from final land plans and usages, will be utilized. The Lakes Lift Station Exhibits 5 and 6 show the capacity analysis for the Lift Station. Based on pumps run time data and 1983 vintage as-builts furnished by the City of Corpus Christi it was judged that the Lift Station does not have the pumping capacity to accommodate the 700 GPM additional flow from the Tamez Property. With the additional flow, the estimated peak pumping flow from the station will be 1,900 GPM in comparison with the existing calculated pumping capacity of 1,500 GPM. The existing wet well capacity is deficient if the capacity is calculated to not allow wastewater to “back up” into the incoming sewer lines. If the Tamez property flow option is considered, and as reflected on the opinion of probable cost, it is recommended that a lift station upgrade be performed. The upgrade would preliminarily include an additional wet well and upgrade of pumps and piping. This assumes there is no conflict with facilities constructed on the site after the initial lift station construction as shown on the 1983 as-builts. It should also be noted that no hydraulic analysis was done for the existing Wastewater System after the discharge of the Lakes Lift Station force main into a manhole located in a utility easement between Lethaby Drive and Lake Nocona Drive. This hydraulic modeling should be performed to ensure the additional flows do not create any capacity constraints on the existing system. Preliminary Opinion of Probable Cost for Option 1: $3,084,000 C. OPTION 2 – New Lift Station and 12” Force Main to New London Lift Station (Greenwood WWTP) See Exhibit 3 Predicted Flows and Wet Well Capacities same as Option 1. Final design must take into account interim flows maintaining a minimum flow velocity of 2 fps in the 12” force main. The force main will be routed as shown on the Exhibit in an onsite UE on the Tamez property, then in County Road ROW and finally in the dedicated 65’ UE to the London Lift Station No. 1. Preliminary Opinion of Probable Cost for Option 2: $6,890,000 D. OPTION 3 – New Lift Station and 12” Force Main to Greenwood WWTP. (Greenwood WWTP) See Exhibit 4 Predicted Flows and Wet Well Capacities same as Option 1. Final design must take into account interim flows maintaining a minimum flow velocity of 2 fps in the 12” force main. The force main will be routed as shown on the Exhibit in an onsite UE on the Tamez property, then in County Road ROW, then in a dedicated 65’ UE, continuing in City of Corpus Christi Street ROW’s to the influent lift station at the Greenwood WWTP. Preliminary Opinion of Probable Cost for Option 3: $8,855,000 TECHNICAL MEMORANDUM JOHN TAMEZ 271 ACRE TRACT NUECES COUNTY, TEXAS CONCEPTUAL WASTEWATER PLANS LJA Project No. C978-21125 Page 4 of 6 July 24, 2019 TBPE Firm Reg. F-1386 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 1A1 Mobilization (Max. 5% of Project Total)LS 1 66,700.00$ 66,700.00$ 1A2 Bonds & Insurance LS 1 44,500.00$ 44,500.00$ 1A3 Storm Water Pollution Prevention Plan LS 1 7,500.00$ 7,500.00$ 1A4 Traffic Control LS 1 5,000.00$ 5,000.00$ 1A5 Ozone Action Day DAYS 1 1,750.00$ 1,750.00$ 1A6 Inlet Protection EA 2 400.00$ 800.00$ 1A7 Silt Fence LF 2,500 5.00$ 12,500.00$ 1A8 Contingency Allowance for Unanticipated Adjustments/Improvements LS 1 50,000.00$ 50,000.00$ 188,750.00$ 1B1 New Lift Station (Includes Lift Station with Wetwell &Pumps Sized for 200 Acres Developed,Access Road Paving,Overhead Power,Emergency Generator w/ Foundation) LS 1 910,000.00$ 910,000.00$ 1B2 Directionally Drilled 8" (DR-18) FPVC Force Main LF 1,650 280.00$ 462,000.00$ 1B3 Bore Pit Trench Safety EA 2 6,000.00$ 12,000.00$ 1B4 8" C900 (DR-18) PVC Force Main (0'-6')LF 410 75.00$ 30,750.00$ 1B5 Trench Safety for Open Cut Pipe Installation LF 410 6.00$ 2,460.00$ 1B6 Well Pointing LF 410 30.00$ 12,300.00$ 1B7 8" Plug Valve & Box EA 2 2,500.00$ 5,000.00$ 1B8 8" 11.25⁰ Bend EA 2 1,200.00$ 2,400.00$ 1B9 2" Air/Vacuum Release Valve in 5' Diameter F/G Manhole EA 2 12,500.00$ 25,000.00$ 1B10 6' Diameter F/G Manhole EA 1 15,000.00$ 15,000.00$ 1B11 Manhole Trench Safety EA 3 1,000.00$ 3,000.00$ 1B12 Connect Existing 8" WW to New Manhole EA 1 5,000.00$ 5,000.00$ 1B13 Full Depth Pavement Repair SY 430 75.00$ 32,250.00$ 1B14 Remove and Replace Curb and Gutter LF 30 30.00$ 900.00$ 1B15 Lakes Lift Station Upgrade LS 1 625,000.00$ 625,000.00$ 2,143,060.00$ 2,331,810.00$ 349,771.50$ 2,681,581.50$ 1C1 Engineering Basic Services LS 1 $ 241,400.00 241,400.00$ 1C2 Engineering Additional Services LS 1 $ 80,500.00 80,500.00$ 1C3 Topographic Survey, Easement Survey, and Mapping LS 1 $ 53,700.00 53,700.00$ 1C4 Geotechnical LS 1 13,500.00$ 13,500.00$ 1C5 Testing LS 1 $ 13,500.00 13,500.00$ 402,600.00$ 3,084,181.50$ OPTION 1 - NEW LIFT STATION, 8" FORCE MAIN TO KINGS LAKE DRIVE, AND LAKES LIFT STATION UPGRADE PART 1A - GENERAL TOTAL PART 1A - GENERAL (Items 1A1 thru 1A8) PART 1B - WASTEWATER IMPROVEMENTS TOTAL PART 1B - WASTEWATER IMPROVEMENTS (Items 1B1 thru 1B15) SUBTOTAL OPTION 1 (PARTS 1A THRU 1B) PART 1C - PROFESSIONAL SERVICES 15% CONTINGENCY TOTAL OPTION 1 (PARTS 1A THRU 1B) TOTAL PART 1C - PROFESSIONAL SERVICES (Items 1C1 thru 1C5) TOTAL OPTION 1 PROJECT COST (PARTS 1A THRU 1C) TECHNICAL MEMORANDUM JOHN TAMEZ 271 ACRE TRACT NUECES COUNTY, TEXAS CONCEPTUAL WASTEWATER PLANS LJA Project No. C978-21125 Page 5 of 6 July 24, 2019 TBPE Firm Reg. F-1386 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 2A1 Mobilization (Max. 5% of Project Total)LS 1 148,900.00$ 148,900.00$ 2A2 Bonds & Insurance LS 1 99,300.00$ 99,300.00$ 2A3 Storm Water Pollution Prevention Plan LS 1 15,000.00$ 15,000.00$ 2A4 Traffic Control LS 1 15,000.00$ 15,000.00$ 2A5 Ozone Action Day DAYS 1 1,750.00$ 1,750.00$ 2A6 Silt Fence LF 20,000 5.00$ 100,000.00$ 2A7 Contingency Allowance for Unanticipated Adjustments/Improvements LS 1 50,000.00$ 50,000.00$ 429,950.00$ 2B1 New Lift Station (Includes Lift Station with Wetwell &Pumps Sized for 525 Acres Developed,Access Road Paving,Overhead Power,Emergency Generator w/ Foundation) LS 1 1,200,000.00$ 1,200,000.00$ 2B2 Encased 12" (DR-18) FPVC Force Main LF 750 180.00$ 135,000.00$ 2B3 Directionally Drilled 16" (DR-18) FPVC Casing LF 750 410.00$ 307,500.00$ 2B4 Bore Pit Trench Safety EA 4 6,000.00$ 24,000.00$ 2B5 12" C905 (DR-18) PVC Force Main (0'-6')LF 19,415 115.00$ 2,232,725.00$ 2B6 Trench Safety for Open Cut Pipe Installation LF 19,415 6.00$ 116,490.00$ 2B7 Well Pointing LF 19,415 30.00$ 582,450.00$ 2B8 12" Plug Valve & Box EA 10 8,500.00$ 85,000.00$ 2B9 12" 11.25⁰ Bend EA 4 2,500.00$ 10,000.00$ 2B10 12" 22.5⁰ Bend EA 1 2,500.00$ 2,500.00$ 2B11 12" 45⁰ Bend EA 2 2,500.00$ 5,000.00$ 2B12 12" 90⁰ Bend EA 1 2,500.00$ 2,500.00$ 2B13 4" Air/Vacuum Release Valve in 5' Diameter F/G Manhole EA 4 15,000.00$ 60,000.00$ 2B14 Manhole Trench Safety EA 4 1,000.00$ 4,000.00$ 2B15 Full Depth Pavement Repair SY 100 75.00$ 7,500.00$ 2B16 Connect to Existing London Lift Station LS 1 5,000.00$ 5,000.00$ 4,779,665.00$ 5,209,615.00$ 781,442.25$ 5,991,057.25$ 2C1 Engineering Basic Services LS 1 $ 539,200.00 539,200.00$ 2C2 Engineering Additional Services LS 1 $ 179,800.00 179,800.00$ 2C3 Topographic Survey, Easement Survey, and Mapping LS 1 119,900.00$ 119,900.00$ 2C4 Geotechnical LS 1 30,000.00$ 30,000.00$ 2C5 Testing LS 1 30,000.00$ 30,000.00$ 898,900.00$ 6,889,957.25$ TOTAL OPTION 2 (PARTS 2A THRU 2B) TOTAL PART 2C - PROFESSIONAL SERVICES (Items 2C1 thru 2C5) TOTAL OPTION 2 PROJECT COST (PARTS 2A THRU 2C) OPTION 2 - NEW LIFT STATION AND 12" FORCE MAIN TO LONDON LIFT STATION PART 2A - GENERAL TOTAL PART 2A - GENERAL (Items 2A1 thru 2A7) PART 2B - WASTEWATER IMPROVEMENTS PART 2C - PROFESSIONAL SERVICES TOTAL PART 2B - WASTEWATER IMPROVEMENTS (Items 2B1 thru 2B16) SUBTOTAL OPTION 2 (PARTS 2A THRU 2B) 15% CONTINGENCY TECHNICAL MEMORANDUM JOHN TAMEZ 271 ACRE TRACT NUECES COUNTY, TEXAS CONCEPTUAL WASTEWATER PLANS LJA Project No. C978-21125 Page 6 of 6 July 24, 2019 TBPE Firm Reg. F-1386 ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT 3A1 Mobilization (Max. 5% of Project Total)LS 1 191,300.00$ 191,300.00$ 3A2 Bonds & Insurance LS 1 127,600.00$ 127,600.00$ 3A3 Storm Water Pollution Prevention Plan LS 1 15,000.00$ 15,000.00$ 3A4 Traffic Control LS 1 25,000.00$ 25,000.00$ 3A5 Ozone Action Day DAYS 1 1,750.00$ 1,750.00$ 3A6 Silt Fence LF 26,615 5.00$ 133,075.00$ 3A7 Contingency Allowance for Unanticipated Adjustments/Improvements LS 1 50,000.00$ 50,000.00$ 543,725.00$ 3B1 New Lift Station (Includes Lift Station with Wetwell &Pumps Sized for 525 Acres Developed,Access Road Paving,Overhead Power,Emergency Generator w/ Foundation) LS 1 1,200,000.00$ 1,200,000.00$ 3B2 Directionally Drilled 12" (DR-18) FPVC Force Main LF 1,500 350.00$ 525,000.00$ 3B3 Encased 12" (DR-18) FPVC Force Main LF 750 180.00$ 135,000.00$ 3B4 Directionally Drilled 16" (DR-18) FPVC Casing LF 750 410.00$ 307,500.00$ 3B5 Bore Pit Trench Safety EA 6 6,000.00$ 36,000.00$ 3B6 12" C905 (DR-18) PVC Force Main (0'-6')LF 24,355 115.00$ 2,800,825.00$ 3B7 Trench Safety for Open Cut Pipe Installation LF 24,355 6.00$ 146,130.00$ 3B8 Well Pointing LF 24,355 30.00$ 730,650.00$ 3B9 12" Plug Valve & Box EA 12 8,500.00$ 102,000.00$ 3B10 12" 11.25⁰ Bend EA 6 2,500.00$ 15,000.00$ 3B11 12" 22.5⁰ Bend EA 1 2,500.00$ 2,500.00$ 3B12 12" 45⁰ Bend EA 2 2,500.00$ 5,000.00$ 3B13 12" 90⁰ Bend EA 3 2,500.00$ 7,500.00$ 3B14 4" Air/Vacuum Release Valve in 5' Diameter F/G Manhole EA 6 15,000.00$ 90,000.00$ 3B15 Manhole Trench Safety EA 6 1,000.00$ 6,000.00$ 3B16 Full Depth Pavement Repair SY 500 75.00$ 37,500.00$ 3B17 Connect to Existing Greenwood Wastewater Treatment Plant LS 1 5,000.00$ 5,000.00$ 6,151,605.00$ 6,695,330.00$ 1,004,299.50$ 7,699,629.50$ 3C1 Engineering Basic Services LS 1 $ 693,000.00 693,000.00$ 3C2 Engineering Additional Services LS 1 $ 231,000.00 231,000.00$ 3C3 Topographic Survey, Easement Survey, and Mapping LS 1 154,000.00$ 154,000.00$ 3C4 Geotechnical LS 1 $ 38,500.00 38,500.00$ 3C5 Testing LS 1 38,500.00$ 38,500.00$ 1,155,000.00$ 8,854,629.50$ TOTAL OPTION 3 (PARTS 3A THRU 3B) TOTAL PART 3C - PROFESSIONAL SERVICES (Items 3C1 thru 3C5) TOTAL OPTION 3 PROJECT COST (PARTS 3A THRU 3C) OPTION 3 - NEW LIFT STATION AND 12" FORCE MAIN TO GREENWOOD WWTP PART 3A - GENERAL TOTAL PART 3A - GENERAL (Items 3A1 thru 3A7) PART 3B - WASTEWATER IMPROVEMENTS PART 3C - PROFESSIONAL SERVICES TOTAL PART 3B - WASTEWATER IMPROVEMENTS (Items 3B1 thru 3B17) SUBTOTAL OPTION 3 (PARTS 3A THRU 3B) 15% CONTINGENCY LJA ENGINEERING TBPE FIRM REG. NO. F-1386 EXHIBIT 1 LOCATION MAP JOHN TAMEZ 271 ACRE TRACT © 2019 Microsoft Corporation © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS F.M. 43 RODD FIELDS. STAPLESYO R K T O W N B L V DCIMARRONOSOPKWY ROSCHERAIRLINEWALDRONFLOUR BLUFF DRIVESA R A T O G A B L V DKOSTORYZ RDAYERS STHO L L Y WEBEREVERHARTRO A D Mc A R D L ESTAPLES S. P . I . D . CAYO D E L O S O DRI V E OC E A N AL A M E D A ENNISJOSLINWI L L I A M S D R I V ECARROLL F.M. 43 RODD FIELDS. STAPLESYO R K T O W N B L V D F.M. 2444 CIMARRONOSOPKWYCREE K ROSCHERAIRLINEOSO WALDRONFLOUR BLUFF DRIVESA R A T O G A B L V DKOSTORYZ RDAYERS STGREENWOODHO L L Y WEBEREVERHARTRO A D Mc A R D L ESTAPLES S. P . I . D . CAYO D E L O S O DRI V E OC E A N AL A M E D A ENNISJOSLINWI L L I A M S D R I V E JOHN TAMEZ 271 ACRE TRACT CORPUS CHRISTI BAY LJA ENGINEERING TBPE FIRM REG. NO. F-1386 EXHIBIT 2 OPTION 1 JOHN TAMEZ 271 ACRE TRACTtion © 2019 DigitalGlobe ©CNES (2019) Distribution Airbus DS PROPOSED 8" PVC FORCE MAIN (OPEN TRENCH) PROPOSED 8" FPVC FORCE MAIN (HORIZONTAL DIRECTIONAL DRILL) CONNECT TO EXISTING MANHOLE LAKES LIFT STATION UPGRADE (NOT SHOWN) JOHN TAMEZ 271 ACRE TRACT (APPROXIMATE LOCATION) PROPOSED LIFT STATION (APPROXIMATE LOCATION) WEBER RD/FM 43 CR 43YORKTOWN BLVDPROPOSED 6' DIA. F/G MANHOLE LJA ENGINEERING TBPE FIRM REG. NO. F-1386 EXHIBIT 3 OPTION 2 JOHN TAMEZ 271 ACRE TRACT JOHN TAMEZ 271 ACRE TRACT (APPROXIMATE LOCATION) PROPOSED 12" PVC FORCE MAIN (OPEN TRENCH) PROPOSED 12" FPVC FORCE MAIN (HORIZONTAL DIRECTIONAL DRILL) PROPOSED 12" FPVC FORCE MAIN (HORIZONTAL DIRECTIONAL DRILL) PROPOSED 12" PVC FORCE MAIN (OPEN TRENCH) PROPOSED 12" PVC FORCE MAIN (OPEN TRENCH) CONNECT TO LONDON LIFT STATION (APPROXIMATE LOCATION) PROPOSED LIFT STATION (APPROXIMATE LOCATION) WEBER RD/FM 43 CR 43SH 286GREENWOOD DRSA R A T O G A B L V D / S H 3 5 7 FUTURE SERVICE AREA - 254 ACRES± (APPROXIMATE LOCATION) LJA ENGINEERING TBPE FIRM REG. NO. F-1386 EXHIBIT 4 OPTION 3 JOHN TAMEZ 271 ACRE TRACT JOHN TAMEZ 271 ACRE TRACT (APPROXIMATE LOCATION) PROPOSED 12" PVC FORCE MAIN (OPEN TRENCH) PROPOSED 12" FPVC FORCE MAIN (HORIZONTAL DIRECTIONAL DRILL) PROPOSED 12" FPVC FORCE MAIN (HORIZONTAL DIRECTIONAL DRILL) PROPOSED 12" PVC FORCE MAIN (OPEN TRENCH) PROPOSED 12" PVC FORCE MAIN (OPEN TRENCH) PROPOSED LIFT STATION (APPROXIMATE LOCATION) 12" PVC FORCE MAIN (OPEN TRENCH) 12" FPVC FORCE MAIN (HORIZONTAL DIRECTIONAL DRILL) CONNECT TO GREENWOOD WWTP WEBER RD/FM 43 CR 43SH 286GREENWOOD DRSA R A T O G A B L V D / S H 3 5 7 FUTURE SERVICE AREA - 254 ACRES± (APPROXIMATE LOCATION) Exhibit 5Lakes Lift Station Preliminary Analysis - Existing PumpsSystem CurveFlowStatic Head LossFriction Head LossMinor Head LossTotal0220022400222.620.2924.91800229.451.1732.6212002220.012.6344.6416002234.074.6860.7520002251.487.3280.8FlowStatic Head LossFriction Head LossMinor Head LossTotal0220022400223.631.1826.818002213.084.7439.8212002227.6910.6560.3416002247.1518.9488.0920002271.2429.6122.84Pump Curve008440080066.58001600551200240042.516003200282000400014.5Exhibit 5WW1 - Pumps in Wet Well 1 - 8" Riser to 10" FMWW2 - Pump in Wet Well 2 - 6" Riser to 10' FM (BYPASS)Flygt N 3153~434Single Pump Flow (GPM)Double Pump Flow (GPM)TDH (Feet)048121620242832364044485256606468727680848892961000 400 800 1200 1600 2000 2400 2800 3200 3600 4000 4400TDH (Feet)Q (GPM)Flygt N 3153 Pump CurvesSingle Pump CurveDouble Pump CurveSystem Curve WW1System Curve WW21100 GPMSingle Pump Capacity1500 GPMPeak Pump Station TBPE FIRM REG. NO. F-1386 Exhibit 6Lakes Lift Station Preliminary Analysis - Peak Flow and Wet Well CapacityAverage Daily Run Times Based on Lakes Lift Station Run Times Furnished by City of Corpus ChristiDay of ReadingPump 1 (hrs/day)Pump 2 (hrs/day)Pump 3 (hrs/day)Total Avg. Daily Run Times(hrs/day)4/19/20192.92.12.55/2/20192.72.32.4Average Daily Flow & Peak FlowUtilized the Average Daily Run times above to calculate Average Daily Dry Weather Flow with one (1) pump operating. Assume 3 Hrs/DayAnalysis: 1031 GPM < 1500 GPM Station CapacityMinimum Wet Well Operating Volume per TCEQ Chapter 217, Equation C.4Where:V = Active Volume (Cf)Q = Pump Capacity (GPM)T = Cycle Time (Min) = 6 Min minimum per TCEQ Chapter 217, Table C.5 - Minimum Pump Cycle Times7.48 = Conversion Factor (Gal/Cf)Existing Wet Well Analysis Based on 1982 & 1983 Vintage As-Builts Furnished by the City of Corpus ChristiExisting lift station consists of two (2) 6' diameter wet wells.Incoming Gravity Lines:12" VCP: Invert EL. = 1.43 Ft12" VCP: Invert EL. = -1.07 Ft12" VCP: Invert EL. = -1.00 FtExisting All Pumps Off: EL. -3.50 FtPump 1 On: EL. -3.50 Ft + 3.90 Ft (From Required H for Minimum Pump 1 Volume) = EL. 0.40 > EL. -1.00 & -1.07 Per TCEQ Chapter 217.60(b)(4): A gravity pipe discharging to a wet well must be located so that the invert elevation is above the liquid level of a pumps "on" setting.Exhibit 67.57.4VT x Q4 x 7.48One Pump: Q 3x 1100x 60198,000 w/ Three Pumps: Q 3 Pumpsx 198,000 = 594,000= Average Daily Floww/ Peak Factor of 2.5: Q 594,000x 2.5 = 1,485,000= 1031Peak FlowPump 1 V ( ) **++, ) -.,.221 CfH = 3.9 FtPump 2 V ( ) 2*3++4**++5, ) -.,.80 CfH = 1.4 FtTotal V Required301 CfH = 5.3 FtTBPE FIRM REG. NO. F-1386 City Council Presentation January 14, 2020 Wastewater Master Plan Amendment East London Wastewater Basin Location Map CR 43CR 20A London area currently Within the Greenwood Master plan area. Greenwood WW Plant -King’s Lake PH 2 -Annexation -Applicant Requested modification to plan. Subject Property City Limits Oso Plant Basin Subject Property CR 20A King’s Lake Phase 2 (plat not available): 281.03 acres 1,000 proposed dwellings Applicant request identified in red CR 43 Proposed Service Area (East London Lift Station) Comments Open House November 14, 2019 – Impacted property owners – Feedback/comments were all supportive – Request to adjust boundaries Other- evaluate technical components of phase 2 design. Modifications •Boundary Modifications •Phase 1 -0.45 MGD (Approximately 600 homes) •Re-evaluate Design for phase 2 area. Planning Commission & Staff Recommendation – Approval of Phase 1 and the proposed lift station basin area. – The technical components of Phase 2 will be re- evaluated and brought back to Planning Commission in the early part of 2020. 7 DATE: January 14, 2020 TO: Mayor and City Council FROM: Rebecca L. Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 CAPTION: Discussion and possible action regarding a preliminary application to rename William Street to Lomax Street. SUMMARY: The City received a preliminary application from Janet Maxwell in August 2019 to rename William Street, which runs from Shoreline Boulevard to Lower Broadway Street, to Lomax Street. BACKGROUND AND FINDINGS: Per Section 49-1 of the City Code, the City Secretary and the City Traffic Engineer reviewed the application to determine if it complies with Council Policy No. 7, Naming of Streets. City staff determined that the proposed renaming of William Street does not comply with Council Policy 7.b.4 because William Street is reflected on the 1852 Plan of Corpus Christi and the street name has existed, within the original boundary of the 1852 Plan of Corpus Christi, for a period of greater than 50 years, both of which constitute reasons that “… the City Council declines to rename any…” such street as set out in Council Policy No. 7. On December 20, 2019, the City Secretary notified the City Council of the street renaming request and the determination that it does not satisfy the Council Policy. ALTERNATIVES: Move forward with the renaming request if directed to do so by a majority of the City Council by the end of the January 14, 2020 City Council meeting (Section 49-1,(4) of the City’s Code of Ordinances requires direction from a majority of the Council by the end of the next council meeting after notification, which is the meeting of January 14, 2020). FISCAL IMPACT: No fiscal impact of moving forward with the renaming request. RECOMMENDATION: City Staff does not recommend renaming the street based on Council Policy 7.b.4. LIST OF SUPPORTING DOCUMENTS: Code of Ordinances Sec. 49-1 & Council Policy No. 7 1852 Plan of Corpus Christi Preliminary Street Renaming Application Consideration of Preliminary Application for Street Renaming AGENDA MEMORANDUM Action Item for the City Council Meeting January 14, 2020 (1) (2) (3) (4) (5) a. b. Sec. 49-1. - Procedure for naming, renaming or changing names of streets. The following procedure is hereby established for the naming, renaming or changing of names of streets, roads and highways within the city: Persons who reside on or own property that has a street address on any street, road or highway within the city who desire to have the city council exercise its powers of fixing or changing the name of said street, road or highway may file a request with the city secretary in writing. The request shall contain an accurate description of the street, road or highway, or portion thereof, and the name or names involved, so as to identify the location. Attached to the request shall be a narrative explaining the background and intended justification for the proposed street renaming. Upon receipt of the request, and attached background and justification, the city secretary and city traffic engineer shall jointly verify whether the proposed street renaming complies with the city council policy for proposed street name changes. Upon determination that the proposed street renaming complies with the city council policy, the city secretary shall notify the applicant to submit an official application with the city secretary in writing, directed to the city council. Upon determination that the proposed street renaming does not comply with the city council policy, the city secretary will notify the city council of the request and of the determination that it does not satisfy the council policy. Unless otherwise directed by a majority of the council by the end of the next council meeting after notification, the city secretary will notify the applicant of the denial and the reasons for the denial. The application shall be on a form supplied by the city secretary and shall contain all information requested. A "research fee" of five hundred dollars ($500.00) shall accompany the application. The "research fee" shall cover the city staff's cost for a thorough research of the street renaming application including: Preparation of a detailed site map of the affected street section, current development and number of affected properties; Identification of all affected property owners, tenants, and their mailing addresses; Page 1 of 4Corpus Christi, TX Code of Ordinances 1/10/2020about:blank c. d. 1. 2. 3. (6) a. b. c. d. e. Preparation of a required survey form for contacting the affected property owners; and Identification of a "processing fee" commensurate with the total cost of the following: City secretary's cost of mailing the survey forms to all affected property owners, City staff's cost of compiling responses to mailed survey, and City secretary's cost of publishing a notice for a public hearing by the city council and mailing written notice to all affected property owners and tenants. Survey process. Upon applicant's receipt of written notice from the city traffic engineer specifying the "processing fee" described in section (5)d., the applicant must, within ten (10) working days following receipt of the notice, deposit with the city secretary the amount of the "processing fee". Following receipt of the "processing fee" within the prescribed period, the city secretary shall inform the city traffic engineer to proceed with the required survey of affected property owners. The survey will be conducted and analyzed with the following procedure: The city traffic engineer will mail the survey to affected property owners within ten (10) working days following deposit of the applicants "processing fee" with the city secretary; Property owners will be given fifteen (15) working days from the date of the mailed notice to respond to the survey; Upon receipt of survey forms received within the prescribed period, the city traffic engineer will determine the number of property owners in support of the proposed street renaming. Property owners who do not respond or whose responses are received after the prescribed period will be classified as not supporting the proposed street renaming; If less than seventy-five (75) per cent of the total surveyed property owners support the proposed street renaming, the applicant will be notified within twenty (20) working days that the application has been denied and shall be provided with a summary of the survey results; Page 2 of 4Corpus Christi, TX Code of Ordinances 1/10/2020about:blank • • • • • • • • • (7) (8) If seventy-five (75) per cent or more of the total survey property owners support the proposed street renaming, the applicant will be notified of the survey results within twenty (20) working days of the completed survey. Within the prescribed twenty-day period the city traffic engineer shall in writing request the following officials, committees and organizations to comment in writing on the proposed street renaming: Director of engineering services City utilities office manager Director of planning City landmark commission Police chief Nueces County Historical Society Fire chief Nueces County Historical Commission Postmaster Upon the city traffic engineers completion of survey results and requested comments from the officials identified in subsection (6)e. above, the city manager shall set a date for a public hearing by the city council. Upon setting the date, notice of the hearing shall be published by the city secretary, and written notice mailed, at least ten (10) working days in advance of the date set for public hearing, to property owners and tenants whose residence or place of business is on the street, road or highway affected. City council public hearing. On the date set for public hearing, the hearing shall be held by the city council and decision made or the council shall continue the matter to another date. At least a three-fourths (¾) majority vote of the city council shall be required to approve the proposed street renaming. Upon approval by the city council of any street name change, a copy of the ordinance making the change shall be furnished by the city secretary to each of the aforementioned officials, committees and organizations and the city traffic engineer shall cause street name signs to be placed on the affected street in accordance with the terms of the ordinance. The city's actual costs for fabricating the street name sign assemblies (inclusive of material costs) with the name street name approved by the city council, and including the Page 3 of 4Corpus Christi, TX Code of Ordinances 1/10/2020about:blank (9) field installation cost, will be paid by the applicant for the street renaming proposal. This cost, following its determination by the city traffic engineer, must be deposited with the city prior to work commencing on fabrication and replacement of the street name signs. If the street renaming application is denied, neither the aforementioned "research fee" nor "processing fee" will be refunded to the applicant. (Ord. No. 9446, § 1, 7-30-1969; Ord. No. 12175, § 1, 7-17-1974; Ord. No. 20485, § 1, 10-4-1988; Ord. No. 24618, § 1, 10-9-2001) Page 4 of 4Corpus Christi, TX Code of Ordinances 1/10/2020about:blank a. b. 1) 2) 3) 4) c. 7. - Naming of streets. The City Council declines to rename streets in Corpus Christi except to serve a recognized purpose of local, regional, statewide or national significance. In any case, the City Council declines to rename any street: that is a currently "named" functional classified arterial through street as listed in the Code of Ordinances, Section 53-250; for a person not deceased; that would create disruption or discontinuity to the name of a longer section street; or that is reflected on the 1852 Plan of Corpus Christi, or a street name that has existed within the original boundary of the 1852 Plan of Corpus Christi for a period of greater than 50 years. Not included in 7a or 7b is any proposed renaming of a street initiated by the City Traffic Engineer for the purposes of street network clarification or any proposal to provide a formal name to a street which has only a State Highway or County Road numerical classification (e.g., F.M. xxxx or CR. xx). (Res. No. 21901, § 1, 3-22-1994; Res. No. 024619, § 1, 10-4-2001) Page 1 of 1Corpus Christi, TX Code of Ordinances 1/10/2020about:blank COUNCIL POLICY DATE: January 14, 2020 TO: Mayor and City Council FROM: Peter Zanoni, City Manager peterz@cctexas.com (361) 826-3220 CAPTION: Ordinance amending Chapter 53 of the City Code to amend section 53-187 allowing the City Manager, Chief of Police or their designee(s) to issue parking placards to exempt executive city officials from paying parking fees for city owned, paid parking spaces while conducting official city business. SUMMARY: Ordinance amending the City Code to allow for the issuance of parking placards. BACKGROUND AND FINDINGS: The City Manager’s Office is considering issuing of parking placards authorizing City Council and executive city officials to park at City parking meters and City parking facilities free of charge when on official City business. Article IV of Chapter 53 of the City Code of Ordinances establishes the rules for paid parking within the City. In relation to public employees, section 53-45 specifically applies the provisions of Chapter 53 to “the driver of any vehicle owned by or used in the service of the United States Government, this state, county or city, and it shall be unlawful for any such driver to violate any of the provisions of this chapter, except as otherwise permitted in this chapter or by state statute.” Section 53-187(a) mandates payment of parking fees. Section 53-187(e) of the City Code enumerates the only exemptions from paid parking contained within the entire chapter. That Section provides as follows: Section 53-187(e) enumerates the only exemptions from paid parking contained within the entire chapter, referring to Texas Transportation Code sections 681.006, 681.007, and 681.008. These sections provide specific exemptions for persons with disabilities, vehicles displaying the International Symbol of Access, and certain veteran and military award recipients, respectively. The City Code does not allow the city manager to administratively create and issue parking placards exempting the mayor and city council or executive city officials from paying for parking while on official city business. Section 53-45 specifically applies chapter 53’s parking Ordinance amending the City Code to allow for the issuance of parking placards AGENDA MEMORANDUM First Reading for the City Council Meeting January 14, 2020 Second Reading for the City Council Meeting January 21, 2020 requirements toward public employees. It may be appropriate to establish an exemption from parking restrictions for persons on official City business. Such an exception would need to be established by city council via amendment to chapter 53 of the City Code. ALTERNATIVES: The City would not issue parking placards and Council Members and executive city officials would need to pay the required parking fees and be reimbursed later. FISCAL IMPACT: The fiscal impact is undetermined, but it is estimated to be minimal as parking usage is dependent on the frequency of official City business. RECOMMENDATION: The City Manager recommends this amendment to accommodate Council Members and executive city officials when they are on official City business. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Chapter 53 of the City Code to amend section 53-187 allowing the City Manager, Chief of Police or their designee(s) to issue parking placards to exempt executive city officials from paying parking fees for city owned, paid parking spaces while conducting official city business NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 53, Traffic, Article VI, Standing and Parking, Division 4, Parking Meters, Section 57-187. Fee due for parking vehicles; exemptions of the Corpus Christi Code of Ordinances is amended by adding subsection (f) to read as follows: (f) An owner of a vehicle is exempt from the payment of a fee for parking at a meter if the person displays a valid parking placard, permit or decal issued by the City Manager, Chief of Police or their designees for official city business. 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 in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. This ordinance shall go into effect immediately upon publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed f inally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca L. Huerta Joe McComb City Secretary Mayor DATE: December 19, 2019 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance accepting a $50,000 grant from the Ed Rachal Foundation to fund overtime for increased police presence in a neighborhood near Crosstown Expressway and Agnes Street in Council District 1; and appropriating $50,000 in the Police Grants Fund. SUMMARY: The Ed Rachal Foundation has awarded a $50,000 grant to fund overtime hours for increased enforcement of drug use and prostitution for the Police Department for the Delta 40 Area, near Crosstown Expressway and Agnes Street. BACKGROUND AND FINDINGS: The Police Department faces challenges in the Corpus Christi neighborhood area designated as Delta 40 to include drug use and prostitution. The Delta 40 area is bordered by Crosstown Expressway, Agnes, Port, Mary, Bluntzer, Morris, and 19th street. The grant funds will be used to pay for overtime hours for officers for an average of two four-hour shifts per week for an estimated 36 weeks in fiscal year 2020. Officers will be on duty for the four-hour time slots at varying times and days including weekends. The overtime officers will be assigned to: 1. Ride bikes, enduros (small motorcycles), or all-terrain vehicles canvassing the area 2. Conduct drug dealing investigations at houses and apartments identified for such activity 3. Conduct “john stings” in which men soliciting prostitutes are arrested 4. Conduct operations in which prostitutes are arrested for “loitering for prostitution” 5. Address quality of life issues affecting area residents ALTERNATIVES: There is no alternative. Acceptance of grant from the Ed Rachal Foundation in the amount of $50,000 to increase drug and prostitution enforcement in the Delta 40 area AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting January 14, 2020 Second Reading Ordinance for the City Council Meeting January 21, 2020 FISCAL IMPACT: There is no cash match. Funds will be appropriated into the FY2020 Police Grants Fund. Funding Detail: Fund: 1061 Organization/Activity: Police Grants fund 821604L Mission Element: 156 Project # (CIP Only): Account: 510200 - $40,000 511000 - $10,000 RECOMMENDATION: Staff recommends accepting the award and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Grant award agreement Ordinance accepting a $50,000 grant from the Ed Rachal Foundation to fund overtime for increased police presence in a neighborhood near Crosstown Expressway and Agnes Street in Council District 1; and appropriating $50,000 in the Police Grants Fund. WHEREAS, the area bordered by the Crosstown Expressway, Agnes, Port, Mary, Bluntzer, Morris, and 19th streets is known as police beat Delta 40. WHEREAS, the Police Department faces challenges in this Corpus Christi neighborhood which include drug use and street prostitution. WHEREAS, the Ed Rachal Foundation has awarded a $50,000 grant to support the Police Department’s efforts in the Delta 40 Project to address these issues. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Ed Rachal Foundation in the amount of $50,000 to support the Delta 40 Project. SECTION 2. That $50,000 is appropriated in the No. 1061 Police Grants Fund to be used to support the Delta 40 Project. SECTION 3. This ordinance takes effect upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor DATE: January 14, 2020 TO: Peter Zanoni, City Manager FROM : Jim Davis, Director of Asset Management JimD@cctexas.com (361) 826-1909 Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Ordinance approving a service agreement for repairs to the Airport storage building with Vertex Roofing, LLC of Corpus Christi, Texas, for an amount not to exceed $84,652.00; appropriating $45,016.99 from the Unreserved Fund Balance in the Airport Fund; and amending the operating budget. SUMMARY: This ordinance authorizes a service agreement to repair an airport storage building that was damaged by Hurricane Harvey. FEMA is participating in the funding for these repairs. BACKGROUND AND FINDINGS: The Contractor shall provide labor, materials, and equipment necessary to perform repair services to the airport facility that was damaged during the hurricane. The Old Communications Building was constructed in 1975 to serve as the airport's Aircraft Rescue and Fire Fighting (ARFF) station and dispatch center. A new ARFF station was constructed in 1995. The Old Communications Building was converted into an equipment storage building for maintenance equipment. The Old Communications Building sustained damaged from high winds produced by Hurricane Harvey during the night of August 25-26, 2017. An inspection was conducted Service Agreement for Airport Storage Building Repairs AGENDA MEMORANDUM First Reading for the City Council Meeting of January 14, 2020 Second Reading for the City Council Meeting of January 21, 2020 by FEMA on January 2nd, 2018. The facility suffered damage to the metal sheeting on the roof, interior insulation, and to the overhead doors. The airport performed an independent evaluation of the facility and decided to perform additional repairs to the building that were not related to Hurricane Harvey. These additional repairs include Z-beam and C-beam replacement and replacement of the wall skins. The staff recommends that the repairs to the Old Communications Building be approved to extend the life of an existing facility. The Contracts and Procurement Department conducted a competitive RFB process the first time in May of 2019 but only received one bid for $110,056 which was very high for the work to be accomplished. Staff decided to rebid the work to obtain a lower cost and the RFB was reissued in September. The City received four responsive, responsible bids, and is recommending the award to Vertex Roofing, LLC for $84,652 a savings of $25,404. ALTERNATIVES: Replacing the roof with a savings of $25,404.00 is the best alternative for extending the life of this facility. FISCAL IMPACT: The fiscal impact is $84,652.00, FEMA funds will pay $39,635.01 and the Unreserved Fund Balance will pay the difference of $45,016.99. FUNDING DETAIL: Fund: 4610 Airport Organization/Activity: 70003 Harvey FEMA projects Mission Element: 524 Project # (CIP Only): N/A Account: 520130 Maintenance and Repairs Activity # F3254014610EXP Cost $39,635.01 Fund: 4610 Airport Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: 251850 Unreserved Fund Balance Cost $45,016.99 RECOMMENDATION: Staff recommends approval of this ordinance authorizing a service agreement for the airport storage building repairs with Vertex Roofing, LLC. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Ordinance approving a service agreement for repairs to the Airport storage building with Vertex Roofing, LLC of Corpus Christi, Texas, for an amount not to exceed $84,652.00; appropriating $45,016.99 from the Unreserved Fund Balance in the Airport Fund; and amending the operating budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funds in the amount of $45,016.99 are appropriated from the Unreserved Fund Balance in the Fund 4610 Airport Fund . SECTION 2. The FY2019-20 Operating Budget adopted by Ordinance No. 031870 is amended to increase expenditures by $45,016.99. SECTION 3. The City Manager, or designee, is authorized to execute all documents necessary with Vertex Roofing, LLC of Corpus Christi, Texas, to approve a Service Agreement for repairs to the Airport storage building for an amount not to exceed $84,652.00. That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 20 20, by the following vote: Joe McComb ____________ Michael Hunter ____________ Roland Barrera ____________ Ben Molina ____________ Rudy Garza ____________ Everett Roy ____________ Paulette M. Guajardo____________ Greg Smith ____________ Gil Hernandez ____________ That the foregoing ordinance was read for the second time and passed finally on this the _______ day of _______________, 2020, by the following vote: Joe McComb ____________ Michael Hunter ____________ Roland Barrera ____________ Ben Molina ____________ Rudy Garza ____________ Everett Roy ____________ Paulette M. Guajardo____________ Greg Smith ____________ Gil Hernandez ____________ PASSED AND APPROVED, this the ______ day of ___________, 2020. ATTEST: __________________________________ _____________________________ Rebecca Huerta Joe McComb City Secretary Mayor Service Agreement Standard Form – Federal Funding Page 1 of 7 SERVICE AGREEMENT NO. 2565 Airport Storage Building Repairs THIS Airport Storage Building Repairs Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Vertex Roofing, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Airport Storage Building Repairs in response to Request for Bid/Proposal No. 2565 (“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 Airport Storage Building Repairs (“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 $84,652.00, 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 2 of 7 Name: Gabriel Anton Department: Airport Department Phone: (361) 289-0171 Email: Gabriel A2@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 3 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/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator if the subcontractors were not named at the time of bid or proposal, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. 13. Amendments and Changes. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Any changes that alter the Service Agreement Standard Form – Federal Funding Page 4 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: Gabriel Anton Title: Facilities Manager Address: 1000 International Drive Corpus Christi, Texas 78406 Phone: (361) 289-0171 Fax: N/A IF TO CONTRACTOR: Vertex Roofing, LLC Attn: Edwin Green Title: President Address: 711 N. Carancahua St. #1150, Corpus Christi, Texas 78401 Phone( 361) 881-4961 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 Service Agreement Standard Form – Federal Funding Page 5 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 comply with any of the terms 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 operation of nor affect those portions of this Agreement that are valid, but this Service Agreement Standard Form – Federal Funding Page 6 of 7 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.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25.Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 26.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 responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. Revised 4.4.19 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide general repair services for the removal and replacement of wall and roof panels on a 50’ wide x 60’ long x 18’ tall existing metal building as outlined in this Scope of Work. The Building is located at a secure side of the Corpus Christi International Airport located at 1000 International Drive, Corpus Christi, Texas 78406. 1.2 Scope of Work A. The Contractor shall provide all associated windstorm engineering documents, inspection fees, permit cost, supervision, labor, 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 Insurance Requirements. B. Repair 1.Prior to performing any work the Contractor shall obtain a siding and roof permit through the City of Corpus Christi Development Services Department. 2. The Contractor shall provide the needed materials and perform the following services: a.The Contractor shall remove and replace exterior wall metal panels and associated trim on North, South and East facing elevations with similar style and color material and install in a manner that meets windstorm requirements. b. The Contractor shall remove and replace existing metal roof and replace with a minimum 24-gauge commercial grade standing seam galvalume metal roof similar to existing color and install in a manner that meets windstorm requirements. c.The Contractor shall replace approximately 300 linear feet of red iron Z- purlin and associated parts and components as needed. d.The Contractor shall replace approximately 300 linear feet of Red iron C- channel and associated parts and components as needed. e. The Contractor shall replace approximately 150 linear feet of Base Angle and associated parts and components as needed. f. The Contractor shall remove and replace 3-15’ wide x 13’ tall overhead doors in a manner that meets windstorm requirements. g. The Contractor shall have the windstorm engineer perform the required inspections and provide a WPI-3 required for certificate of completion. h. The Contractor shall coordinate all City required inspections. Revised 4.4.19 i.The Contractor will keep the work areas clean during construction. j.The Contractor shall remove all excess debris from jobsite. k.The Contractor will provide a one-year warranty on workmanship. l. The Contractor shall commence work within 30 days from date of notice to proceed and complete work within 120 days of commencement. 1.3 Safety A. The Contractor shall barricade or place cones around the work area before commencing services. The Contractor shall take special measures to safeguard the area while services are being performed. B. The Contractor must clean work site from debris or hazards after completion of work. C. Prior to any work being performed to the building a temporary fence must be constructed so that an individual cannot gain access through the jobsite into the secure areas of the Airport. The individuals constructing the fence must be under escort by a properly badged person. The fence must be constructed at a minimum six-foot-tall with three stands of barbed wire across the top. The fence sections maybe secured by weighted 55-gallon drums or other means approved by the Airport Security Coordinator. Fence poles will not be allowed to be driven into or secured to any existing apron. The fence should be tied into the existing perimeter fence. The purpose of the fence is to make the facility under repair a temporary public area. Materials should be secured in order to prevent them from becoming a projectile in severe weather. 1.4 Bonds A. A Payment Bond will be required for work over $50,000. B. A Performance Bond will be required for work over $100,000. 1.5 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.6 Service Personnel A. The Contractor shall conduct background checks for all personnel before assigned to work under this agreement. The Contact Administrator may ask for the background check report from the Contractor. The City reserves the right to approve or refuse employees because of a derogatory background check. The background checks will be done at the sole expense of the Contractor. Revised 4.4.19 B. The Contractor shall ensure that all crews are fully and properly equipped to perform services promptly and safely without delay. All personnel assigned to the service agreement shall wear a uniform, including safety equipment and any company issued photo identification. The Contractor’s employees working on site shall wear clothing with an identification logo bearing the name of the company visible from 15 feet. All personnel shall be neatly dressed in shirts, safety shoes and long pants. Shorts or torn clothing are unacceptable. Attachment B- Bid/Pricing Schedule Attachment C – Insurance Requirements I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administrator one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit WORKERS’S COMPENSATION Employers Liability Statutory $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. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services – Services Performed Onsite 04/26/2019 Risk Management – Legal Dept. Attachment D - Warranty Requirements The Contractor shall provide one-year warranty on workmanship. "General Decision Number: TX20190288 01/04/2019 Superseded General Decision Number: TX20180342 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 $10.60 for calendar year 2019 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 EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a)(1)(ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate). The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts Page 1 of 9beta.SAM.gov 9/4/2019https://beta.sam.gov/wage-determination/TX20190288/0/document entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 BOIL0074-003 01/01/2017 Rates Fringes BOILERMAKER......................$ 28.00 22.35 ---------------------------------------------------------------- ELEC0278-002 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 ---------------------------------------------------------------- Page 2 of 9beta.SAM.gov 9/4/2019https://beta.sam.gov/wage-determination/TX20190288/0/document * IRON0084-011 06/01/2018 Rates Fringes IRONWORKER, ORNAMENTAL...........$ 23.77 7.12 ---------------------------------------------------------------- SUTX2014-068 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 System Insulation)...............$ 19.77 7.13 IRONWORKER, REINFORCING..........$ 12.27 0.00 IRONWORKER, STRUCTURAL...........$ 22.16 5.26 LABORER: Common or General......$ 9.68 0.00 LABORER: Mason Tender - Brick...$ 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/Trackhoe.......$ 14.25 0.00 Page 3 of 9beta.SAM.gov 9/4/2019https://beta.sam.gov/wage-determination/TX20190288/0/document OPERATOR: Bobcat/Skid Steer/Skid Loader................$ 13.93 0.00 OPERATOR: Bulldozer.............$ 18.29 1.31 OPERATOR: Drill.................$ 16.22 0.34 OPERATOR: Forklift..............$ 14.83 0.00 OPERATOR: Grader/Blade..........$ 13.37 0.00 OPERATOR: Loader................$ 13.55 0.94 OPERATOR: Mechanic..............$ 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)...........................$ 14.45 0.00 PIPEFITTER.......................$ 25.80 8.55 PLUMBER..........................$ 25.64 8.16 ROOFER...........................$ 13.75 0.00 SHEET METAL WORKER (HVAC Duct Installation Only)...............$ 22.73 7.52 SHEET METAL WORKER, Excludes HVAC Duct Installation...........$ 21.13 6.53 TILE FINISHER....................$ 11.22 0.00 Page 4 of 9beta.SAM.gov 9/4/2019https://beta.sam.gov/wage-determination/TX20190288/0/document TILE SETTER......................$ 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.......$ 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. 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 Page 5 of 9beta.SAM.gov 9/4/2019https://beta.sam.gov/wage-determination/TX20190288/0/document 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: PLUM0198-005 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. Page 6 of 9beta.SAM.gov 9/4/2019https://beta.sam.gov/wage-determination/TX20190288/0/document 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 Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% 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. 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. Page 7 of 9beta.SAM.gov 9/4/2019https://beta.sam.gov/wage-determination/TX20190288/0/document ---------------------------------------------------------------- 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 formal 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: Page 8 of 9beta.SAM.gov 9/4/2019https://beta.sam.gov/wage-determination/TX20190288/0/document 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. ================================================================ END OF GENERAL DECISION " Page 9 of 9beta.SAM.gov 9/4/2019https://beta.sam.gov/wage-determination/TX20190288/0/document City of Corpus Christi Contracts & Procurement Senior Buyer: Cynthia Perez Bonco LLC Driscoll, TX Geofill Material Technologies LLC Schertz, TX Gourley Contractors LLC Corpus Christi, TX Vertex Roofing, LLC Corpus Christi, TX ITEM DESCRIPTION QUANTITY UNIT Total Price Total Price Total Price Total Price 1 Repair Airport Storage Building per scope of work 1 Lump Sum 89,595.50$ 539,259.53$ 125,875.00$ 81,652.00$ 2 Temporary fence to secure the worksite 1 Lump Sum 25,000.00$ 13,115.88$ 4,650.00$ 3,000.00$ Total 114,595.50$ 552,375.41$ 130,525.00$ 84,652.00$ Price Sheet RFB 2565 Airport Storage Building Repairs AGENDA MEMORANDUM Action Item for the City Council Meeting for January 14, 2020 DATE: December 17, 2019 TO: Peter Zanoni, City Manager FROM: Arlene Medrano, Business Liaison Arlenem@cctexas.com (361) 826-3356 CAPTION: Ordinance approving an affordable housing agreement with FishPond Living at Corpus Christi, LP located at 1002 Sixth Street in an amount not to exceed $500,000.00 to provide affordable housing to residents of the existing Sea Gulf Villa in downtown Corpus Christi with a development deadline of two-years following the effective date of the agreement (approximately December 2021); appropriating $500,000.00 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. SUMMARY: On December 9, 2019 the Type A Board passed a motion awarding an agreement with FishPond Living for an incentive in an amount not to exceed $500,000.00 for an affordable housing project consisting of the construction of 111 rental units at 1002 Sixth Street. This motion authorizes an agreement in an amount not to exceed $500,000.00 with FishPond Living at Corpus Christi, LP for the development of FishPond at Corpus Christi. BACKGROUND AND FINDINGS: FishPond at Corpus Christi will be a new 112-unit community (including one Manager’s unit) on a 1.48-acre site (inclusive of a 60’ easement purchased from the City of Corpus Christi) on Sixth Street between Buford and Hancock Street. The site is approximately 1.2 miles south of the existing Sea Gulf Apartments, an existing 111-unit mid-rise elderly resident building located at 416 N. Chaparral Street. In July 2019, a joint-venture between FishPond Development and GVA Management purchased Sea Gulf Apartments; an existing 111-unit mid-rise elderly resident building located at 416 N. Chaparral Street. Sea Gulf was built in 1928 as a hospital and converted to apartments in 1979. Upon completing their due diligence for the purchase, the owners determined that the existing building was functionally obsolete for the current residency. The owners have been active in Type A Affordable Housing Agreement with Fish Pond Living at Corpus Christi, LP Corpus Christi and knew that Sea Gulf would be an impact development, and so they considered several options for the property. One plan was to apply for competitive (9%) Low-Income Housing Tax Credits and complete an extensive renovation. Unless this was the only available option, the owners did not believe it was the best use of federal or local funds. They considered a privately-funded, moderate renovation but decided that would not be a permanent solution because it is not financially feasible since the current rents would not support this project. Although the most complicated and risky option for the owners, they decided to implement the current plan: the construction of a new property using tax-exempt bonds and tax credits and relocation of the existing residents. This would allow them to accomplish two goals: 1) providing the residents of Sea Gulf a modern, new facility; and 2) allowing for the complete renovation of the existing property. To illustrate the owners’ commitment to this plan, they closed on the proposed site and incurred architects, engineers, and attorney’s fees to prepare plans and apply for a zoning change without having any commitment from the US Department of Housing and Urban Development (HUD) to allow the transfer of the Section 8 Housing Assistance Payment (HAP) contract to the new site. That zoning change was approved by City Council in November 2019. Proposed Development- FishPond at Corpus Christi The proposed replacement property will consist of a four-story structure with an elevator. The building will offer amenity space for community events plus offices to house on-site management and the service coordinator. All units will be one-bedroom units, approximately 700 square feet (SF). There are currently 18 studios and 93 one-bedroom units at Sea Gulf Villa, and the proposed new units will be approximately 100 SF larger than the current units of 575 SF and 595 SF for the studio and one-bedroom units, respectively. Furthermore, approximately 70 surface parking spaces will be located on-site (twice as what is currently available), which will be more convenient for residents than the off-site parking currently at Sea Gulf Villa. Some of the parking will be covered - as it will be underneath the building. The new community will substantially increase the quality of life for the residents. Like their other developments, the design of the FishPond at Corpus Christi will include many “green” construction features such as high efficiency HVAC and lighting. It will also have “Class A” features such as full wood cabinets and granite countertops. The attachments show the floorplans and a rendering of FishPond at Corpus Christi. Note that under the financing plan, the new property will have a 30-year regulatory agreement monitored by the Texas Department of Housing and Community Affairs (TDHCA) which will require that all units remain affordable to residents at 30%, 50% and 60% of area median income. In addition, the new property will assume the existing HUD regulatory agreement and rent structure. As such, residents will not see any increase in rents, nor will residents incur any relocation costs. Upon completion of the new development and transfer of the regulatory agreements to the new property, the existing Sea Gulf property will be available for redevelopment. Phase II will entail a complete redevelopment of Sea Gulf into loft-style, market rate housing, which appears to be more appropriate for the downtown location. Sources and Uses of Funds and Timing FishPond at Corpus Christi is a complicated, multi-layered transaction. The current estimated development costs are approximately $17 million which are proposed to be funded using tax- exempt bonds and “4% tax credits”. The developer has applied for and has received a reservation of $10 million in tax-exempt bonds from TDHCA, which will generate approximately $6.2 million in by-right “4% tax credits”. Upon completion of the development, the $10 million in bonds will be retired and replaced with a permanent loan of approximately $5.6 million (the maximum the current rents will support), tax credit equity, and other sources. Their initial application included $500,000 in affordable housing grants from the Federal Home Loan Bank. Unfortunately, their development did not score high enough to receive those funds. TDHCA awarded the owners $4 million in direct loan funds which is a low interest rate (2.5%) loan that is amortized. Since this is not a grant, the financial impact is not as significant. These funds require a minimum 5% local match which is why the Type A funds are so important. On December 10, 2019, the City Council approved a resolution in support of the developer’s request for $300,000 in HOME funds for the development. It is common that bond-financed developments have a financing gap between sources and uses. Given that the costs are increasing, the risk that some funds may not be available (like the HAP funds), and the risk that TDHCA may still modify their underwriting to the detriment of the deal, the owners are requesting the maximum amount of Type A funds that were earmarked in April 2019 ($500,000). It is City staff’s belief that few affordable housing projects will have the multiplied impact that the replacement and redevelopment of Sea Gulf will have in downtown Corpus Christi. Timing TDHCA understands the complexity of the plan, but the underwriting is still contingent on HUD’s approval to relocate the HAP contract, which the developer is still awaiting. Because they do not yet have HUD’s approval, the developer knew they would not meet the closing deadline under the bond reservation. As a result, TDHCA is going to allow them to carry forward the bonds into 2020 by which time they expect HUD’s response. This would put a closing toward the end of the first quarter of 2020 and completion of the project in the first quarter of 2021. Phase II of Sea Gulf’s renovation would start immediately thereafter. AL TERNATIVES: As an alternative to approving the $500,000 agreement, the City Council could choose to either decrease the award to strictly match the 5% TDHCA loan which is equal to $200,000 or choose to not award. However, because the developer was not awarded $500,000 from the Federal Home Loan Bank and because this development will improve the quality of life for low-income elderly residents and additionally create a dynamic new development in downtown Corpus Christi, staff recommends approval of the full $500,000. Additionally, City Council has shown support for this project during rezoning item at the November 12, 2019 City Council meeting FISCAL IMPACT: The current unreserved fund balance available for projects in the Type A Affordable Housing account is $654,227. This item would award $500,000 and would reduce the available balance to $154,227. The available balance in the Type B Affordable Housing account is $1,250,000. FUNDING DETAIL: Fund: 1140 – Business and Job Development Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: City staff and Downtown Management District staff recommend approval of this agreement. The initial request was for a 5% local match of the $4 million TDHCA loan which amounts to $200,000. The developer did apply for, but did not score high enough to receive, $500,000 in affordable housing grants from the Federal Home Loan Bank. Therefore, staff is recommending awarding this project $500,000 to help fill the gap. The Type A Board approved this agreement at their meeting on December 9, 2019. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement PowerPoint Presentation Page 1 of 2 Ordinance approving an affordable housing agreement with FishPond Living at Corpus Christi, LP located at 1002 Sixth Street in an amount not to exceed $500,000.00 to provide affordable housing to residents of the existing Sea Gulf Villa in downtown Corpus Christi with a development deadline of two- years following the effective date of the agreement (approximately December 2021); appropriating $500,000.00 from the unreserved fund balance in the Business/Job Development Fund; and amending the budget. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. That an affordable housing agreement with FishPond Living at Corpus Christi, LP located at 1002 Sixth Street in an amount not to exceed $500,000 to provide affordable housing to residents of the existing Sea Gulf Villa in downtown Corpus Christi with a development deadline of two-years following the effective date of the agreement (approximately December 2021), is approved. SECTION 2. That $500,000.00 from the unreserved fund balance in the Fund No. 1140 Business/Job Development Fund is appropriated for the affordable housing agreement with FishPond Living at Corpus Christi, LP. SECTION 3. That Ordinance No. 031870, which adopted the FY 2019-2020 Operating and Capital Budget, is amended to increase proposed expenditures in the No. 1140 Business/Job Development Fund by $500,000.00 for the affordable housing agreement with FishPond Living at Corpus Christi, LP. This ordinance takes effect upon City Council approval on this the _____ day of ___________________, 2020. ATTEST: THE CITY OF CORPUS CHRISTI _____________________________ ____________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 2 of 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 20 20, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 20 20. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 13 AGREEMENT BETWEEN CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND FISHPOND LIVING AT CORPUS CHRISTI, LP This Agreement for the Type A Affordable Housing Program – 1006 Sixth Street FishPond at Corpus Christi (“Agreement”) is entered into between the Corpus Christi Business and Job Development Corporation (“Corporation”) and FishPond Living at Corpus Christi LP (the “Developer”). 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 of Corpus Christi (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, in the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2 for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing 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, the Board wishes to fund affordable housing projects in an effective manner; WHEREAS, the Developer has proposed to develop new affordable housing units in the downtown in order to relocate residents from an old facility that is functionally obsolete; WHEREAS, the Board has determined that it is in the best interests of the residents of the City that the Developer be awarded affordable housing funds, by execution of this Agreement, to accomplish the affordable housing project described in the Scope of Work, which is attached hereto as Exhibit A and incorporated herein by reference as if laid out here in its entirety; In consideration of the covenants, promises, and conditions stated in this Agreement, the Corporation and the Developer agree as follows: 1. Agreement to Provide Affordable Housing Services. This Agreement between the Corporation and the Developer is executed to implement the promotion and development of the Project. In performance of the Agreement, Developer will: a. Construct 112 rental units at 1002 Sixth Street to provide affordable housing to residents of the existing Sea Gulf Villa in downtown Corpus Christi. The Project must be an affordable housing project, as described by 42 U.S.C. Section 12745, and must contain 111 affordable rental units available to qualified individuals and one manager unit. The Page 2 of 13 development must comply with all requirements of 42 U.S.C. Section 12745, including environmental building standards. b. Obtain all necessary approvals to allow the transfer of the Section 8 Housing Assistance Payment (HAP) contract for the current Sea Gulf Villa apartments in downtown Corpus Christi to the new site. c. Complete construction of the project and obtain a Certificate of Occupancy (“C of O”) from the City’s Development Services Department within two years following the Effective Date. Developer will comply with all laws, rules, and ordinances in the construction of the Project and will obtain all required permits. d. Developer will maintain the property and continue to rent 111 units only to qualified individuals as affordable housing in accordance with 42 U.S.C. Section 12475 for twenty years. If the property ceases to operate as an affordable housing facility during t hat twenty-year period, the Developer will immediately reimburse the Corporation all amounts paid to the Developer under this Agreement. If the Corporation is dissolved prior to the end of the twenty-year period and such reimbursement of funds is required under this provision, the Developer will immediately reimburse the City all amounts paid under this Agreement. The obligation to reimburse funds under this section will survive the termination or earlier expiration of this Agreement. 2. Compensation. Upon receipt of the C of O for the completed development, Developer shall request payment from the Corporation by providing notice in accordance with Section 8 below. The request for payment will include evidence that all costs of construction have been pa id and that there are no liens on the property for unpaid construction costs. Upon receipt of the request for payment and verification that the development complies with all requirements of this Agreement, the Corporation shall, as soon as practicable, pay the developer an amount not to exceed $500,000. 3. Property Sale Limited to Affordable Housing. During the term of this Agreement and the Affordability Period, Developer may only sell the property or the Project to qualified individuals for use as affordable housing. Sale of the property for any other purpose will require repayment of all funds under Section 1(c) above. 4. Effective Date. The effective date of this Program Agreement is the date on which the City Council grants approval to the Corporation for this Project, so long as all parties have executed this Agreement. 5. Term. The term of this Agreement is for two years beginning on the effective date. 6. Termination. Corporation may terminate this Agreement with 30 days' written notice of Developer’s failure to comply with any terms of the Agreement. 7. Amendments or Modifications. No amendments or modifications to this Agreement or to the Project 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. Page 3 of 13 8. Notices. Any required written notices shall be sent, certified mail, return receipt requested, addressed as follows: Page 4 of 13 If to Corporation: City of Corpus Christi Business and Job Development Corporation Attn: President 1201 Leopard Street Corpus Christi, Texas 78401 With a copy to: City of Corpus Christi Attn.: City Attorney P.O. Box 9277 Corpus Christi, Texas 78469-9277 If to Developer: FishPond Living at Corpus Christi, LP Attn.: David Fournier 500 W. 2nd Street, Suite 1900 #29 Austin, TX 78701 Notice is effective upon deposit in the United States mail in the manner provided above. 9. Relationship of Parties. In performing this Agreement, the Corporation and the Developer 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. 10. Insurance; Bonds. Not Applicable. 11. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City and Corporation, 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 and the Corporation’s Board to determine whether or not to fund this Agreement. The Corporation 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. 12. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 13. Taxes. The Developer covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the Corporation shall be provided proof of payment of these taxes within 15 days of such request. Page 5 of 13 14. DEVELOPER SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI, THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION, AND THEIR RESPECTIVE 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 DEVELOPER OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE DEVELOPER OR ITS EMPLOYEES, CONTRACTORS, OR AGENTS. DEVELOPER 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 DEVELOPER UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 15. Assignment. No assignment of this Agreement by the Developer, or of any right or interest contained herein, is effective unless the Executive Director of the Corporation first gives written consent to such assignment. The performance of this Agreement by the Developer is of the essence of this Agreement, and the Executive Director’s right to withhold consent to such assignment is within the sole discretion of the Executive Director on any ground whatsoever. 16. 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. 17. Governing Law. Developer agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. 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. Page 6 of 13 18. Undocumented Workers. Developer does not and agrees that it will not knowingly employ any undocumented workers. If, after receiving payments under this Agreement, Developer is convicted of a violation under 8 U.S.C. Section 1324a(f), Developer shall repay the payments received under this Agreement, including the cost of property acquisition, to the Corporation, with interest at the Wall Street Journal Prime Rate, not lat er than the 120th day after the date Developer has been notified of the violation. 19. 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 7 of 13 CORPUS CHRISTI BUSINESS & FISH POND LIVING AT CORPUS CHRISTI LP JOB DEVELOPMENT CORPORATION Scott Harris David Fournier President Manager Date: Date: ATTEST: Rebecca Huerta City Secretary Date: APPROVED AS TO FORM: Aimee Alcorn-Reed Assistant City Attorney Attorney for Corporation Page 8 of 13 Exhibit A – Scope of Work As proposed, FishPond at Corpus Christi will be a new 112-unit community (including one Manager’s unit) on a 1.48-acre site (inclusive of a 60’ easement purchased from the City of Corpus Christi) on Sixth Street between Buford and Hancock Street. The site is approximately 1.2 miles south of the existing Sea Gulf Property. The proposed replacement property will consist of a 4 -story structure over podium and will be elevator serviced. The building will offer amenity space for community events plus offices to house on -site management and the service coordinator. All units will be 1-bedroom units (currently there are 18 studios and 93 1-bedroom units at Sea Gulf Villa) and the units will be approximately 700 SF (~100 SF or 17% larger than the current units of 575 SF and 595 SF for the studio and one -bedroom units, respectively). Furthermore, ~ 70 surface parking spaces, twice what is currently available, will be located on-site which is much more convenient for residents than the off -site parking at Sea Gulf Villa. Some of the parking will be covered as it will be underneath the building. The new community will substantially increase the quality of life for the residents. Like our other developments, the design of the FishPond at Corpus Christi will include many Green construction features such as high efficiency HVAC and lighting. It will also have Class A features such as full wood cabinets and granite countertops. The exhibits show a rendering of FishPond at Corpus Christi and floorplans. Note that under the financing plan, the new property will have a 30-year Regulatory Agreement monitored by TDHCA which will require all units remain affordable to residents at 30%, 50% and 60% of Area Median Income. In addition, the new property will assume the existing HUD Regulatory Agreement and rent structure. As such, residents will not see any increase in rents, nor will residents incur any relocation costs. Upon completion of the new development and transfer of the Regulatory Agreements to the new property, the existing Sea Gulf property will be available for re development. Phase II will entail a complete redevelopment of Sea Gulf into loft -style market rate housing, which we believe is more appropriate for the more commercialized downtown location. Page 9 of 13 Image of proposed FishPond at Corpus Christi Page 10 of 13 Page 11 of 13 Page 12 of 13 Page 13 of 13 City Council Presentation December 9, 2019 FishPond Living Development (Phase 1) 1002 6th Street FishPond Living Development (Phase 1) 1002 6th Street 1 Project Description •Purchase of Sea Gulf Villa – 111 unit apartments for low-income elderly •Property is under Housing Assistance Payments (HAP) with HUD •Upon HUD approval, relocate all units to a new 111 unit community at 1002 Sixth Street •Type A Board Approved $500,000 award on 12/09/2019 Sea Gulf Villa – current location 4 1002 Sixth Street ROW •Purchased the ROW that divides the property and will relocate utilities •The new community will consist of: •4 story & elevator serviced •111 units on 1.48 acres (inclusive of ROW) •All 1 bedroom units are approximately 700 SF (Current sizes are between 575 – 595 SF) •Community spaces & On-site management •60-70 Surface parking spaces (Currently 30) FishPond Living Why Relocate? •Existing building is functionally obsolete for current residency •Developer has been active in Corpus Christi and knows that Sea Gulf will be an impact development Fish Pond ReCap A. Approximately $18M project to replace the existing affordable housing units at Sea Gulf Villa. Funding includes: 1. $5M loan from private bank, 2. $4M TDHCA loan (requires local match) 3. $6.2M Tax Credit Equity 4. $300,000 in HOME funds from the City B. Will replace 111 existing, older units for new construction units on Sixth Street and Buford and move the existing tenants to new location C. Developer, at a minimum, needs $200,000 for the $4M TDHCA loan, which requires a 5% local match D. Developer has requested $500K, which is approximately $4,505 per unit E. Even if Developer is awarded $500K today, there will still be a $340K gap F. HCD is taking Resolution of support to City Council in favor of the FishPond Project in an amount of $300,000 8 Fish Pond at CC – Gap AnalysisFish Pond at CC – Gap Analysis Sources of Funds Description Total Real Estate (Secured)$226,000 Conventional Loan (Secured)$5,000,000 Tax Credit Equity (Pending)$6,216,220 TDHCA Loan (Local matching funds required) (Pending)$4,000,000 Type A Funds (Pending)$500,000 Deferred Developer’s Fee (Secured)$1,000,000 HOME Fund Grant (Pending)$300,000 Total Funds $17,442,220 Uses of Funds Description Estimate Acquisition (Real Estate)$226,000 Site Work $351,840 Construction $11,109,198 Professional Fees/Soft Costs $1,200,000 Financing Costs $2,115,000 Developer’s Fee (13%)$2,105,000 Contingency (7%)$675,000 Total Costs $17,782,038 Financing Gap even after Type A award $339,818 Approximate Development Timeline Other Considerations •For several years, there has been a struggle to find legitimate projects for the affordable housing funds. •If the Board awards $500,000 to this project, the remaining balance in the fund for Affordable Housing will be approximately $150,000 •Type B has an FY2020 fund balance of $1,250,000 •Agreement has a trigger requiring all necessary approvals to allow the transfer of the Section 8 Housing Assistance Payment (HAP) contract for the current Sea Gulf Villa apartments in downtown Corpus Christi to the new site Questions Project No. : N/A 1 SFM Legistar No.: xx-xxx DATE: December 26, 2019 TO: Peter Zanoni, City Manager FROM: Albert Quintanilla, P. E., Director of Street Operations albertq@cctexas.com (361) 826-1957 STAFF PRESENTER(S): Name Title/Position Department 1. Albert Quintanilla, P.E. Director Street Operations OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Keith Armstrong Project Manager Flatiron/Dragados 2. John Palmer Deputy Project Manager Flatiron/Dragados 3. Lynn Allison Public Information Coordinator Flatiron/Dragados BACKGROUND: This is the 2020 First Quarter Update to City Council on the Harbor Bridge Replacement Project . LIST OF SUPPORTING DOCUMENTS: None QUARTERLY UPDATE TO CITY COUNCIL Harbor Bridge Replacement Project AGENDA MEMORANDUM Presentation for the City Council Meeting of 01/14/2020