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HomeMy WebLinkAboutAgenda Packet City Council - 07/28/2020 Cit of Cor us Christi 1201 Leopard Street � � Corpus Christi,TX 78401 r� rcctexas.com Meeting Agenda Final-revised City Council Tuesday,July 28,2020 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Joe McComb to call the meeting to order. B. Invocation to be given by Mayor Joe McComb. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. PUBLIC COMMENT- AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary's instructions, which shall be posted on the City Secretary's door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. F. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: a. GOVERNMENT ACTIONS RELATED TO CORONA VIRUS City of Corpus Christi Page 1 Printed on 712712020 City Council Meeting Agenda-Final-revised July 28,2020 b. PROPOSED FY 2021 ANNUAL OPERATING BUDGET AND CAPITAL IMPROVEMENT PROGRAM BUDGET 1. 20-0869 Briefing on the Proposed FY 2021 Annual Operating Budget and Capital Improvement Program Budget for fiscal year beginning October 1, 2020. G. MINUTES: 2. 20-0882 Regular Meeting of July 21, 2020 H. BOARD & COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 3 - 16) Consent-Second Reading Ordinances 3. 20-0769 Ordinance adopting the fiscal year(FY) 2020-2021 Consolidated Annual Action Plan (CARP)for the Community Development Block Grant (CDBG) budget in the amount of$2,758,645, the Emergency Solutions Grant (ESG) budget in the amount of$232,899, and the HOME Investment Partnerships (HOME) budget in the amount of$1,141,628 for a total of$4,133,172.00 of entitlement funding from the United States Department of Housing and Urban Development (HUD) and authorizing the execution of all necessary documents to submit the CAAP, authorizing a staff complement of 26 positions; accept and appropriate funding for the approved CAAP projects and further execute funding agreements, amendments or other documents necessary to implement the FY2020-2021 CAAP with organizations for approved projects. sponsors: Grant Monitoring 4. 20-0755 Ordinance amending the Fire Prevention Permit Fee Schedule of the Corpus Christi Code of Ordinances that will add nine additional fees that were previously collected by a third-party consultant. sponsors: Fire Department 5. 20-0733 Ordinance authorizing Change Order No. 19 with PLW Cadagua Partners of The Woodlands, Texas, for several additional scope items to O.N Stevens Water Treatment Plant High Service Building No. 3 in the amount of$549,603.44, located in City Council District 1, for a total contract value not to exceed $23,336,407.53 and amending the FY 2020 Capital Improvement Program budget. sponsors: Engineering Services and Utilities Department 6. 20-0808 Ordinance accepting and appropriating $3,592,094.00 in the City of City of Corpus Christi Page 2 Printed on 712712020 City Council Meeting Agenda-Final-revised July 28,2020 Corpus Christi's Emergency Management Grants Fund as a partial disbursement from the Coronavirus Relief Fund, established by the CARES Act and provided through the Texas Department of Emergency Management, for prevention, preparation for, and response to the COVID-19 pandemic. sponsors: Finance&Business Analysis Consent-Contracts and Procurement 7. 20-0569 Resolution authorizing a three-year supply agreement with Waukesha-Pearce Industries, LLC in an amount not to exceed $942,300.00 for the purchase of Komatsu, Gradall and Takeuchi equipment parts for Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in an amount of$78,500.00 available in the Fleet Maintenance Service Fund. sponsors: Asset Management Department and Contracts and Procurement 8. 20-0754 Motion authorizing a five-year service agreement with Rochester Armored Car Co., Inc. in the amount not to exceed $183,600.00 for armored courier services for various departments and will be facilitated by the Finance Department, effective upon issuance of notice to proceed, with FY 2020 funding in an amount of$6,120.00 available in various departments' funds as outlined in the funding detail. sponsors: Finance&Business Analysis and Contracts and Procurement Consent-Capital Projects 9. 20-0614 Motion awarding a Master Service Agreement for professional engineering, architecture and construction administration services related to water utilities to LNV, Inc. to provide solutions for technical issues with the water and wastewater system in an amount up to $800,000 with a one year renewal option to be administratively authorized for a total not to exceed $1,600,000, on projects located citywide, with funding available through the FY 2020 Water and Wastewater Operating and Capital Improvement Program Funds. sponsors.: Engineering Services, Utilities Department and Contracts and Procurement 10. 20-0310 Motion authorizing a Master Services Agreement for Subsurface Utility Engineering Services to Hydro Ex for an initial amount up to $350,000 for a term of one year with a one year extension option to be renewed administratively for a not to exceed total of$700,000, with projects located citywide, funding available through the Bond Program and FY 2020 Capital Improvement Program . sponsors: Engineering Services and Contracts and Procurement 11. 20-0616 Motion awarding a Master Service Agreement for Professional Survey and Mapping Services to Urban Engineering for an amount up to $150,000 per City of Corpus Christi Page 3 Printed on 712712020 City Council Meeting Agenda'Final-revised July 28.2O2O year and one renewal option to be administratively authorized for total not tU exceed $300.UU0. with projects located citywide, funding available through the FY2O2O Capital Improvement Program and Bond Program. sm,omxs: Engineering Services and Contracts and Procurement 13' 20-0597 Resolution authorizing two, three-year service agreements for mowing and grounds maintenance of storm water median rights-of-way throughout the City with each Of the following vendors: Cutrite, LLC., San Antonio, Texas inmn amount not to exceed $218.488.00 and Dononoe General Repair and Lawn, LLC, Corpus Christi, Texas in an amount not to nx000d $218.4OU.00. with funding in8n amount Uf$35'71O.UU available through the FY2020 Storm Water Fund. Sponsors Public Works/Street Department and Contracts and Procurement General Consent Items 13' 20-031_1 Motion awarding o contract for Construction toJE Construction Services for construction of sidewalks along Sunnybrook Road from Ayers street to Evelyn Street located in Council Districts 2 and 3in the amount Of $582.226.1U with funding available from Community Development Block Grant. sponsors Engineering Services, Grant Monitoring and Contracts and Procurement 14' 20-0864� Motion authorizing an eight-year service agreement, with a first nenavva| term Of seven years and 8 second renewal term Uf five years with Integrated Transfer Services, L.P. for landfill management services for CofoVa|enzun|uLandfill, for an estimated initial term amount nf approximately $35 million and potential 8SUm8tOd total amount of approximately $90 million if all renewals are authorized, effective Feb 1, 2031 with future funding for the Solid VV8Ste budget. sponsors: Solid Waste Operations and Contracts and Procurement 15- 20-0889 Resolution approving a list of street, parke, and public safety projects for the 2O2O Bond Program tobe considered by the voters on November 3. 2020. sponsors Engineering Services 16' 20-087�6 Resolution setting the date of September U. 202O for the public hearing and first reading of the ordinance for the adoption nf the City nfCorpus Christi's Fiscal Year(FY) 2O2O-2021 budget; setting the date uf September 8, 2020 for the public hearing and first reading of the ordinance for the adoption of the FY2O20-2021 property tax rate; and setting the date of September 15. 2O20os the date for the final action on the adoption of both the FY2O2O-2O21 budget and property tax rate. smuosn:� Finance&Business Analysis K. RECESS FOR LUNCH City Council Meeting Agenda-Final-revised July 28,2020 L. PUBLIC HEARINGS: (ITEM 17) 17. 20-0810 Resolution approving the Corpus Christi Crime Control District budget for FY 2021 beginning October 1, 2020 and ending September 30, 2021 with revenues in a total amount of$6,817,421.00 and expenditures in a total amount of$7,560,613.00 to fund 63 authorized Police sworn personnel and appropriating $7,560,613.00 in the Crime Control and Prevention District Fund. sponsors: Police Department M. REGULAR AGENDA: N. FIRST READING ORDINANCES: (ITEMS 18 - 19) 18. 20-0868 Ordinance ordering a general election to be held on November 3, 2020, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary, on December 15, 2020; authorizing execution of a Joint Election Agreement with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. Sponsors: City Secretary's Office 19. 20-0872 Ordinance authorizing acceptance and appropriation of a grant for $7,234,755 in Community Development Block Grant Disaster Recovery ("CDBG-DR") funding from the Texas General Land Office to construct the Airport Tributary Detention Pond project; authorizing acceptance and appropriation of a sub-grant award of$163,244 from the Texas Division of Emergency Management (TDEM) Hazard Mitigation Grant Program for the La Voila Creek Drainage Improvement Phase I project; appropriating an additional $8,636,006 ($7,600,000 for the CDBG-DR grant and $1,036,006 for the TDEM sub-grant) as City matching funds from the Stormwater Capital Improvements Program; amending the budget; and designating authorized signatories for contractual and financial documents pertaining to the CDBG-DR Grant Contract No. 20-065-133-C445. Sponsors: Development Services O. BRIEFINGS: P. EXECUTIVE SESSION: 20. 20-0855 Executive Session pursuant to Texas Government Code § 551.071 City of Corpus Christi Page 5 Printed on 712712020 City Council Meeting Agenda-Final-revised July 28,2020 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to matters in collective bargaining agreement(s)with the Corpus Christi Professional Firefighters' Association, and potential approval in open session of collective bargaining agreement with the Corpus Christi Professional Firefighters' Association. Q. IDENTIFY COUNCIL FUTURE AGENDA ITEMS R. ADJOURNMENT City of Corpus Christi Page 6 Printed on 712712020 s c° "CORPOR AGENDA MEMORANDUM 185 Briefing for City Council Meeting July 28, 2020 DATE: July 15, 2020 TO: Peter Zanoni, City Manager THRU: Constance P. Sanchez, Chief Financial Officer FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Briefing on the Proposed FY2021 Annual Operating Budget and Capital Improvement Program Budget for Fiscal Year 2020-2021 STAFF PRESENTER(S): Name Title/Position Department 1. Peter Zanoni City Manager City Manager BACKGROUND: The City Manager and the Office of Management and Budget have prepared the Proposed FY2020-2021 Annual Operating Budget and Capital Improvement Program Budget for submittal to the City Council. This briefing will review the proposed budgets with the City Council for adoption on September 15, 2020. LIST OF SUPPORTING DOCUMENTS: Presentation not included. c 1201 Leopard Street Cit of Corpus Christi Corpus Christi,TX 78401 tM cctexas.com f, d Meeting Minutes City Council Tuesday,July 21,2020 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Joe McComb to call the meeting to order. Mayor McComb called the meeting to order at 11:31 a.m. B. Invocation to be given by Mayor Joe McComb. Mayor McComb gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag. Mayor McComb led the Pledge of Allegiance to the flag of the United States and the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Note: Council Members Rudy Garza, Roland Barrera and Greg Smith participated by video conference.Council Member Michael Hunter participated telephonically. Present: 9- 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 City of Corpus Christi Page 1 Printed on 712412020 City Council Meeting Minutes July 21,2020 E. PUBLIC COMMENT- AUDIENCE AND PRESENTER SOCIAL DISTANCING AND PUBLIC TESTIMONY AND PUBLIC HEARING INPUT AT PUBLIC MEETINGS OF THE CITY COUNCIL. To reduce the chance of COVID-19 transmission, public meetings will be held in a manner intended to separate, to the maximum practical extent, audience and presenters from personal contact with members of Community, City Staff, and City Council. This meeting will be broadcast at cctexas.com/services/council meeting-agendas-minutes-video. Public testimony and public hearing input for Public Comment and all items on the agenda at public meetings of the City Council should be provided in written format and presented to the City Secretary and/or designee no later than five minutes after the start of each meeting of the City Council. Testimony and/or public input shall be in accordance with the City Secretary's instructions, which shall be posted on the City Secretary's door and on the City website, and allow for electronic submission. The written public testimony shall be provided to members of City Council prior to voting on measures for that meeting. Written testimony shall be limited in accordance with the City Secretary requirements and shall be placed into the record of each meeting. This testimony shall serve as the required public testimony pursuant to Texas Government Code 551.007 and shall constitute a public hearing for purposes of any public hearing requirement under law. The meeting may be held telephonically or via videoconference. The public may participate remotely by following the instructions of the City Secretary at cctexas.com/departments/city-secretary. Mayor McComb referred to comments from the public. The following citizens submitted written public comments which are attached to the minutes: Miah Rodriguez; and Guy Watts,4237 Ocean Dr. The following citizens called in regarding desalination: Eli Rodriguez, 1012 West Merriman;Andrea Hamid,7030 Wakeforest; Melissa Zamora, 3917 Brawner Pkwy.; Megan Crawford, 529 Greenway Dr.; Sandra Sanchez,6130 Wooldridge Rd.; Eli McKay; Isabel Araiza, 326 Poenisch; Lorena Kolasinski,902 Pyramid Dr.;Julie Rogers,710 Furman Ave.; Brittany Garcia, Brawner Pkwy.; and Maria Araiza,442 Waverly Dr. The following individual called in regarding Item 19: Carrie Robertson Meyer,4401 Gulfbreeze Blvd. F. CITY MANAGER'S COMMENTS/ UPDATE ON CITY OPERATIONS: Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: review of the upcoming Council action items with a focus on the 2020 bond program; budget; and general election. City of Corpus Christi Page 2 Printed on 712412020 City Council Meeting Minutes July 21,2020 a. GOVERNMENT ACTIONS RELATED TO CORONA VIRUS Director of Public Health District Annette Rodriguez presented an update on COVID 19: statistics for Texas and Nueces County; Nueces County cases by months; Department of State Health and Human Services COVID-19 test reporting; COVID-19 mortality for Nueces County; deaths by age group; Health District reverse alert messages; Health District-drive thru-frequently asked questions; "I'm negative and I'm positive"; update to definition of symptom-based testing strategy; and pharmacy prescriptions. Council Members,City Manager Peter Zanoni and Director of Public Health District Annette Rodriguez discussed the following topics: the confirmed and probable cases have been reported on for about three days; an antigen test has a shorter turnaround time for results than the PCR test, but since it has more false negatives, needs to be confirmed with a PCR test;the website is currently not updated; the probable cases remain probable and do not need to be confirmed by the CDC; and the low dose steroid is given as the least harmful treatment, but the most helpful. G. MINUTES: 1. Regular Meeting of July 14, 2020 and Special Meeting of July 8, 2020. A motion was made by Council Member Roy,seconded by Council Member Molina that the Minutes be approved.The motion carried by a unanimous vote. Aye: 9- 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 Abstained: 0 H. BOARD & COMMITTEE APPOINTMENTS: 2. Planning Commission (3 vacancies) Airport Zoning Commission (3 vacancies) Corpus Christi Commission on Children &Youth (11 vacancies) Mayor McComb referred to Item 2. Planning Commission and Airport Zoning Commission Council Member Guajardo nominated Cynthia Garza. Council Member Barrera nominated Javier Gonzalez. Council Member Hunter nominated Brian Mandel. Council Member Molina made a motion to appoint Cynthia Garza,Javier Gonzalez and Brian Mandel,seconded by Council Member Guajardo and passed unanimously. Corpus Christi Commission on Children&Youth Council Member Molina made a motion to reappoint Captain Laura Garcia (Law Enforcement)and Clarissa Mora(At-Large),seconded by Council Member City of Corpus Christi Page 3 Printed on 712412020 City Council Meeting Minutes July 21,2020 Barrera. Council Member Molina made a motion to appoint Jazmine Gonzales (Tuloso-Midway Student)and Susan Klaus(Faith-based organization/ At-Large),seconded by Council Member Roy and passed unanimously. For the CCISD High School Representative category, Council Member Smith nominated Milan Maheshwari. Council Member Hernandez nominated Benjamin Martinez. Benjamin Martinez was appointed with Mayor McComb, Council Members Garza,Guajardo, Hernandez, Hunter and Roy and voting for Benjamin Martinez,and Council Members Molina, Barrera and Smith voting for Milan Maheshwari. Council Member Molina made a motion to appoint Liesl Cressman (At-Large) and Sammy Davila(At-Large),seconded by Council Member Guajardo and passed unanimously. I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 3 - 12) Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Council members requested that Items 3,7, 10, 11 and 12 be pulled for individual consideration. There were no comments from the Council. A motion was made by Council Member Guajardo,seconded by Council Member Roy to approve the Consent Agenda with the exception of Items 3,7, 105 11 and 12.The consent agenda was approved with the following vote: Aye: 9- 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 Abstained: 0 3. One-Reading Ordinance approving an agreement between the City of Corpus Christi and the Corpus Christi Business and Job Development Corporation in an amount up to $500,000 for Type A funding of arterial and collector streets within the City; approving a Chapter 380 agreement in an amount up to $500,000 with United Way of the Coastal Bend for nonprofit organizations; appropriating an amount up to $500,000 from the unreserved fund balance of the Business and Job Development Fund for use on the arterial and collector street improvements; amending the operating and capital budget. Mayor McComb referred to Item 3. A Council Member,City Attorney Miles Risley and Chief Financial Officer Constance Sanchez discussed the following topics: the Texas Constitution City of Corpus Christi Page 4 Printed on 712412020 City Council Meeting Minutes July 21,2020 prohibits gifts;the amount of$25,000 will be provided to non-profits; and the purpose of this grant is to keep the non-profits open. Council Member Roy made a motion to approve the ordinance,seconded by Council Member Barrera. This Ordinance was passed on emergency and approved with the following vote: Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Nay: 1 - Council Member Hernandez Abstained: 0 Enactment No: 032160 Consent-Second Reading Ordinances 4. Ordinance approving a three year Business Incentive Agreement between the Type B Corporation and The Botanical and Nature Institute of South Texas, Inc. dba South Texas Botanical Gardens & Nature Center in the amount of$89,000 for the resurfacing of the nature trail at 8545 South Staples Street, effective upon signature of the City Manager or designee; appropriating funds in the amount of$89,000 from the Type B Economic Development Fund; and amending the budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032161 5. Ordinance changing the name of William Street to Lomax Street located in City Council District 1. (Requires at least 3/4 majority vote for approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032162 Consent-Contracts and Procurement 6. Motion authorizing William Street as the honorary street name for Lomax Street and the installation of two illuminated signs mounted at two intersections that bear the honorary street name. This Motion was passed on the consent agenda. Enactment No: M2020-119 7. Resolution authorizing execution of Professional Service Agreement between the Corpus Christi-Nueces County Public Health District and Texas A&M University-Corpus Christi for COVID 19 modeling for an amount not to exceed $217,840. Mayor McComb referred to Item 7. City of Corpus Christi Page 5 Printed on 712412020 City Council Meeting Minutes July 21,2020 Council Members,Texas A&M University Corpus Christi Dr. Phillipe Tissot, City Manager Peter Zanoni and Assistant Director of Environmental Daniel McGinn discussed the following topics: the professors at Texas A&M are paid for nine months out of the year;the County will pay a 40%share;the contracts will be 100%funded through the CARES Act Program, no local tax dollars will be spent;the models are from England and Switzerland and the professors are focusing that modeling on the Coastal Bend; the City reached out to Texas A&M for their services; a Council Member's request to have a volunteer agreement put in place; a Council Member's request for Council to be better informed; are there other options available besides Texas A&M;the modeling provided reliable forecasting; a Council Member's request for a summary of all the information; and the importance of continuing with the modeling for peace of mind for the community. Council Member Smith made a motion to approve the resolution,seconded by Council Member Hernandez. This Resolution was passed and approved with the following vote: Aye: 9- 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 Abstained: 0 Enactment No: 032163 8. Motion authorizing a three-year supply agreement with Ennis-Flint, Inc. from Thomasville, North Carolina, in amount not to exceed $134,970.72 for the purchase of traffic control thermoplastic pavement markings material for the Public Works Department, with FY 2020 funding in the amount of$7,498.37 available through the Streets Fund. This Motion was passed on the consent agenda. Enactment No: M2020-120 9. Motion authorizing a purchase of three John Deere mini excavators from Doggett Heavy Machinery Services, LLC., in an amount of$277,780.00, for the Utilities Department, effective upon issuance of letter of acceptance, with FY 2020 funding in an amount of$138,906.00 available in the Fleet Maintenance Services Fund and $138,874.00 available in the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2020-121 Consent-Capital Projects 11. Motion awarding four Master Service Agreements to provide design services for general renovations for multiple citywide facility projects with interior, exterior, mechanical, electrical, plumbing, and site civil design City of Corpus Christi Page 6 Printed on 712412020 City Council Meeting Minutes July 21,2020 services for Bond and Capital Improvement Projects to Gignac & Associates LLP, LNV Inc, WKMC Architects, Inc and Bath Group, Inc, all firms are located in Corpus Christi, Texas, for an initial amount up to $200,000 per contract per year with one additional renewal option to be administratively authorized for a total not to exceed $400,000, funding will be approved with the delivery orders and is available through FY 2020 Capital Improvements Program and the recommended Bond Program. Mayor McComb deviated from the agenda and referred to Item 11. Council Members and Director of Engineering Services Jeff Edmonds discussed the following topics: an issue with Gignac&Associates with previous work completed for CCISD; if there were any issues with Gignac Associates'on the work they did on the water feature in front of the American Bank Center; entering into Master Services Agreements; and task orders are issued for each assignment. Council Member Guajardo made a motion to approve the motion,seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 9- 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 Abstained: 0 Enactment No: M2020-123 12. Motion authorizing execution of Change Order number 8 for the removal and replacement of the Master Channel 31 culvert structure on the Rodd Field Road Expansion project, located in Council District 5, with Haas-Anderson Construction in the amount of$1,399,932 for a total restated fee of$17,277,353.76, with funding available from the Stormwater FY 2020 Capital Improvement Program Budget. Mayor McComb deviated from the agenda and referred to Item 12. Council Members,City Manager Peter Zanoni and Director of Engineering Jeff Edmonds discussed the following topics: this was a 2014 bond project;the design cost is not included in this project; a Council Member's request for details regarding how the project is being funded in order to approve the project,especially if it is below the budgeted amount; the$17 million project cost does not include engineering;the CIP budget includes engineering;the CIP book is a planning guide;the CIP book does not include a description for engineering fees or design; if there is money remaining in the storm water budget; and a Council Member's request for more funding information in the agenda memo and to ensure all expenditures are accounted for in the CIP. Council Member Smith made a motion to approve the motion,seconded by Council Member Roy. This Motion was passed and approved with the following vote: City of Corpus Christi Page 7 Printed on 712412020 City Council Meeting Minutes July 21,2020 Aye: 7- Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 1 - Council Member Hernandez Enactment No: M2020-124 10. Motion authorizing the renewal of four Facilities Master Services Agreement Contracts for the second year of a two-year term, with no guaranteed minimum and a maximum aggregate of$2,500,000 per agreement in any one-year with Barcom Construction, Davila Construction, Gourley Contracting and Teal Construction, all construction contractors located within City, for minor construction, repair, rehabilitation, and alteration services for city facilities located City wide, funding is approved with the delivery orders and available through FY 2020 Capital Improvements Program and 2018 Bond Program. Mayor McComb said he would recuse himself from this item,along with Council Member Molina. Mayor Pro Tern Smith presided in his absence,and referred to Item 10. Council Members,City Manager Peter Zanoni and Director of Engineering Jeff Edmonds discussed the following topics: this project is for a one year renewal on these four construction contracts;there is competition among these four contractors; and quarterly reports are to be provided. Council Member Barrera made a motion to approve the motion,seconded by Council Member Guajardo. This Motion was passed and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Roy and Council Member Smith Abstained: 2- Mayor McComb and Council Member Molina Enactment No: M2020-122 General Consent Items K. RECESS FOR LUNCH The recess for lunch was held during Executive Session Item 18. L. PUBLIC HEARINGS: (ITEM 13) 13. Ordinance adopting the fiscal year (FY) 2020-2021 Consolidated Annual Action Plan (CARP) for the Community Development Block Grant (CDBG) budget in the amount of$2,758,645, the Emergency Solutions City of Corpus Christi Page 8 Printed on 712412020 City Council Meeting Minutes July 21,2020 Grant (ESG) budget in the amount of$232,899, and the HOME Investment Partnerships (HOME) budget in the amount of$1,141,628 for a total of$4,133,172.00 of entitlement funding from the United States Department of Housing and Urban Development (HUD) and authorizing the execution of all necessary documents to submit the CARP, authorizing a staff complement of 26 positions; accept and appropriate funding for the approved CAAP projects and further execute funding agreements, amendments or other documents necessary to implement the FY2020-2021 CAAP with organizations for approved projects. Mayor McComb referred to Item 13. Director of Housing and Community Development Rudy Bentancourt presented the following: staff recommendations-CDBG FY2020; staff recommendations-ESG FY2020; and staff recommendations-HOME FY2020. Council Members,City Manager Peter Zanoni and Director Bentancourt discussed the following topics: why wasn't there a tax credit approval for Fish Pond Development and Washington Coles;Washington Coles voluntarily withdrew from the competition of the program and the tax credit approval was funded for the Village at McArdle due to its top ranking;the staffing amount includes two additional co-compliance officers;the funding is coming from the CDBG;why is the City providing additional funding for some projects on top of the tax credits; and the role of the City has typically been to pass a resolution in support of a project at the request of a developer. Mayor McComb opened the public hearing. There were no comments from the public. Mayor McComb closed the public hearing. Council Member Guajardo made a motion to approve the ordinance,seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Molina, Council Member Roy and Council Member Smith Nay: 1 - Council Member Hernandez Absent: 1 - Council Member Hunter Abstained: 0 M. REGULAR AGENDA: N. FIRST READING ORDINANCES: (ITEM 14- 16) 14. Ordinance amending the Fire Prevention Permit Fee Schedule of the Corpus Christi Code of Ordinances that will add nine additional fees that were previously collected by a third-party consultant. City of Corpus Christi Page 9 Printed on 712412020 City Council Meeting Minutes July 21,2020 Mayor McComb referred to Item 14. Fire Chief Robert Rocha presented information on the following topics: by bringing the Fire Protection Engineer within the Fire Department,the City will no longer require the services provided by the third-party Fire Protection Engineer. Council Member Molina made a motion to approve the ordinance,seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith Abstained: 0 15. Ordinance authorizing Change Order No. 19 with PLW Cadagua Partners of The Woodlands, Texas, for several additional scope items to O.N Stevens Water Treatment Plant High Service Building No. 3 in the amount of$549,603.44, located in City Council District 1, for a total contract value not to exceed $23,336,407.53 and amending the FY 2020 Capital Improvement Program budget. Mayor McComb referred to Item 15. Council Members and Director of Engineering Services Jeff Edmonds discussed the following topics: three of the prior change orders have been approved by Council. Council Member Molina 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: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 16. Ordinance accepting and appropriating $3,592,094.00 in the City of Corpus Christi's Emergency Management Grants Fund as a partial disbursement from the Coronavirus Relief Fund, established by the CARES Act and provided through the Texas Department of Emergency Management, for prevention, preparation for, and response to the COVID-19 pandemic. Mayor McComb referred to Item 16. Director of Finance Heather Hurlbert presented information on the following topics: the money was allocated through the CARES Act; expenses that qualify under these criteria are then categorized into six expense categories: medical expenses; public health expenses; payroll expenses for employees whose City of Corpus Christi Page 10 Printed on 712412020 City Council Meeting Minutes July 21,2020 services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency; expenses of action to facilitate compliance with COVID-19 related public health measures; expenses associated to the provision of economic support in connection with the COVID-19 public health emergency; and any other COVID-19 related expenses reasonably necessary to the function of the government that satisfy the Fund's eligibility criteria. A Council Member and City Manager Peter Zanoni discussed the following topics: any activity related to COVID-19 must be reported. Council Member Molina made a motion to approve the ordinance,seconded by Council Member Guajardo. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Molina, Council Member Roy and Council Member Smith Absent: 1 - Council Member Hunter Abstained: 0 O. BRIEFINGS: (ITEM 17) 17. Staff Professional Recommendation of Proposed 2020 Bond to City Council for input and discussion Mayor McComb referred to Item 17. Director of Engineering Services Jeff Edmonds presented information on the following topics: proposed bond 2020 program overview; bond 2020 program summary; key dates for bond 2020; guiding principles; rough proportionality; bond 2020 map; streets; streets-council district 1;streets-council district 2; streets-council district 3; streets-council district 4; streets-council district 5; citywide streets projects; parks; parks-council district 1; parks-council district 2; parks-council district 3; parks-council district 4; parks-council district 5; citywide parks projects; public safety; citywide public safety projects; general obligation debt capacity; recent general obligation bond programs; and financial impact. Council Members,Assistant Director of Parks and Recreation Joe Johnson, Director of Engineering Services Jeff Edmonds, City Manager Peter Zanoni, Assistant Director of Public Works Sarah Munoz, Chief Financial Officer Constance Sanchez and Director of Public Works Richard Martinez discussed the following topics: the Bill Witt Aquatic Center will cost approximately $420,000 a year to maintain,which will include more lifeguards;the Collier Pool is not big enough for swim clubs; Flour Bluff ISD will not allow the use of their natatorium for swim clubs;what kind of impact will the street projects have on our utility rates; do we have the option to use some of our debt capacity; if there is a way to avoid raising the property taxes by two cents associated with bond 2018;the importance of having swim facilities available to the community for swim lessons as a matter of personal safety;the Texas State Aquarium is a$15 million project; the voters approved a bond program in 2018 that required a two-cent debt service tax rate increase;there is no property tax rate increase in 2020; Rodd Field Road is in the MPO Regional Parkway plan;the project is a$30 million program and the City will be City of Corpus Christi Page 11 Printed on 712412020 City Council Meeting Minutes July 21,2020 responsible for 20%of this amount; a Council Member's concern of repairing Rodd Field Road before Yorktown for safety reasons; the less traffic on Yorktown the better; and a traffic study has not been done on Yorktown Blvd. P. EXECUTIVE SESSION: (ITEMS 18 - 19) 18. 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 matters in collective bargaining agreement(s)with the Corpus Christi Professional Firefighters' Association, and potential approval in open session of collective bargaining agreement with the Corpus Christi Professional Firefighters' Association. This E-Session Item was discussed in executive session. 19. Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the TIRZ#4 Development Reimbursement Agreement-The Frazier and Service Agreement No. 2901 Contract for Professional Services for Phase I of the North Beach Navigable Canal Project This E-Session Item was discussed in executive session. Q. IDENTIFY COUNCIL FUTURE AGENDA ITEMS Mayor McComb referred to Future Agenda Items. No Items were discussed or identified. R. ADJOURNMENT This meeting was adjourned at 5:32 p.m. City of Corpus Christi Page 12 Printed on 712412020 Ga 1$52 AGENDA MEMORANDUM Public Hearing/1st Reading Ordinance for the City Council Meeting of July 21, 2020 211 Reading Ordinance for City Council Meeting July 28, 2020 DATE: 6/26/2020 TO: Peter Zanoni, City Manager FROM: Rudy Bentancourt, Housing and Community Development Director RudyB@cctexas.com 361-826-3021 Public Hearing/1st Reading Ordinance regarding the City of Corpus Christi's proposed FY2020-2021 Consolidated Annual Action Plan. CAPTION: Ordinance adopting the fiscal year (FY) 2020-2021 Consolidated Annual Action Plan (CAAP)for the Community Development Block Grant (CDBG) budget in the amount of$2,758,645, the Emergency Solutions Grant (ESG) budget in the amount of $232,899, and the HOME Investment Partnerships (HOME) budget in the amount of $1,141,628 for a total of $4,133,172.00 of entitlement funding from the United States Department of Housing and Urban Development (HUD) and authorizing the execution of all necessary documents to submit the CAAP, authorizing a staff complement of 26 positions; accept and appropriate funding for the approved CAAP projects and further execute funding agreements, amendments or other documents necessary to implement the FY2020- 2021 CAAP with organizations for approved projects. PURPOSE: The purpose of Public Hearing is to meet the HUD requirements of approving the CAAP and to provide a "Citizen Comment Period" for citizens to provide comments on the proposed project funding for the FY2020- 2021 CAAP. The Ordinance will include the adoption of the proposed CAAP. SUMMARY: The U.S. Department of Housing and Urban Development (HUD) regulation requires, as part of the approved process for the FY2020-FY2021 Consolidated Plan/Citizens Participation Plan, two (2) public hearings prior to the adoption of the FY2020-2021 CAAP. In order to maximize the citizen comments from the public, a total of three (3) Public Hearings were held. An initial public hearing was held at the City of Corpus Christi's City Hall on February 7, 2020. A second public hearing to receive additional input was held on February 13, 2020. The public hearing to be conducted on Tuesday, July 21, 2020 by the City of Corpus Christi's City Council will be a third public hearing and will more than satisfy the requirement of the two required hearings. The City of Corpus Christi has received official notification from HUD of the FY2020-2021 funding allocation for the following programs. $2,758,645 Community Development Block Grant (CDBG) $232,899 Emergency Solutions Grant (ESG) $1,141,628 HOME Investment Partnerships Program (HOME) It is important to note that for FY2020-2021, CDBG will experience a 4.08% increase ($108,083), ESG will experience a 2.12% increase ($4,832), and HOME will experience an 8.14% increase ($85,980)from prior year funding, based on the entitlement funding which will be received from HUD. Additional funding in the amount of$406,146 was recaptured from previously funded projects that were unspent have been made available to be reprogrammed; as well as $300,000 of generated program income from the Rehabilitation Loan Program; and $100,000 of program income from Clearance of Vacant Properties have been made available to augment funding levels for the upcoming FY2020-2021 CDBG program allocations for a total funding level of$3,564,791. The ESG Program will have an allocation amount of$232,899 for FY2020-2021. The intent of the ESG Program is to provide funding to providers of Homeless services to support the efforts of Emergency Shelter, Homeless Prevention and Rapid Re-Housing activities. The HOME Program will have an allocation amount of $1,141,628 as a funding level from entitlement funds to be received, with an additional $375,000 generated from the Rehabilitation Loan Program for a preliminary estimated funding amount of$1,516,628 for the FY2020-2021 budget year. The FY2020-2021 CAAP represents the third annual action plan of the previously approved five-year (FY2018- FY2022) Consolidated Plan and is the application to HUD for funding for the CDBG, ESG, and HOME Programs. The FY2020-2021 CAAP describes the activities and projects to be assisted with funds received under CDBG, ESG, HOME, and other HUD/Non-HUD programs that help to meet housing and community development objectives. The proposed FY2020-2021 CAAP has been developed according to HUD regulations and is required to be submitted to HUD no later than August 10, 2020. Staff will be making a brief presentation to the City Council at the opening of the Public Hearing to outline the FY2020-2021 CAAP's eligibility criteria for the programs and staff's recommendations. The FY2020-2021 Consolidated Annual Action Plan will be submitted to HUD on or before August 10, 2020 following the required citizen comment period. ALTERNATIVES: None FISCAL IMPACT: The City is expected to receive $4,133,172 in federal funding for projects which include community improvements, housing programs, addressing homelessness, and affordable housing activities. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project# (CIP Only): N/A Account: N/A RECOMMENDATION: Staff is recommending the approval of the project recommendations for the CDBG, ESG and HOME Programs. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation CDBG Attachment FY2020-2021 ESG Attachment FY2020-2021 HOME Attachment FY2020-2021 Ordinance adopting the fiscal year (FY) 2020-2021 Consolidated Annual Action Plan (CARP) for the Community Development Block Grant (CDBG) budget in the amount of $2,758,645, the Emergency Solutions Grant (ESG) budget in the amount of $232,899, and the HOME Investment Partnerships (HOME) budget in the amount of $1,141,628 for a total of $4,133,172.00 of entitlement funding from the United States Department of Housing and Urban Development (HUD) and authorizing the execution of all necessary documents to submit the CARP, authorizing a staff complement of 26 positions; accept and appropriate funding for the approved CAAP projects and further execute funding agreements, amendments or other documents necessary to implement the FY2020-2021 CAAP with organizations for approved projects. Whereas, with proper notice to the public and in accordance with HUD regulations, three public hearings were held, the first on February 7, 2020, the second on February 13, 2020, and the third and final public hearing during a meeting of the City Council, in the Council Chambers on Tuesday, July 21, 2020. All hearings were held 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 Ordinance adopting the FY2020-2021 CAAP would best serve the public health, safety, necessity, convenience and 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 FY2020-2021 CARP, which includes the CDBG, the ESG, and the HOME Programs, is adopted. Section 2. That the City Manager or the City Manager's designee is authorized: • to submit the FY2020-2021 CAAP to HUD, and • to amend the FY2020-2021 CAAP if required by HUD. Section 3. That the City Manager or the City Manager's designee is authorized: • to execute all documents necessary to accept and appropriate the grants from HUD into the Grant Fund No. 1059 for the approved FY2020-2021 CARP, and • to execute funding agreements, amendments and all other documents necessary to implement the FY2020-2021 CAAP with organizations for approved projects. Section 4. The proposed personnel complement of 26 positions is authorized for carrying out aspects of the approved FY 2020-2021 CARP. @ BCL@A40D4251 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 day of , 2020. ATTEST: Rebecca Huerta Joe McComb City Secretary Mayor @ BCL@A40D4251 CITY COUNCIL - 1st Reading Ordinance Staff Recommendations for the FY2021-2021 CARP City Council July 21, 2020 y. Staff Recommendations - CDBG FY2( • HCD - CDBG Program Administration - $445,000 • HCD - Rehabilitation Services - $777,000 • HCD - Minor Home Repair Grant Program - $600,000 (PI-$300,000) • Parks and Recreation - Salinas Park Improvements - $1,000,000 • Police - Code Enforcement - Demolition - $200,000 • Police - Code Enforcement - Clearance of Vacant Prop. - $50,000 • Police - Code Enforcement - Staffing - $392,791 • Boys and Girls Club - Locker Room Plumbing Replacement - $100,000 y. Staff Recommendations - ESG FY20: • City of Corpus Christi - ESG Admin Cost - $17,467 • Corpus Christi Hope House - $95,216 • The Salvation Army - $95,216 • Endeavors of Corpus Christi - $25,000 y. Staff Recommendations - HOME FY2 • HOME Administration/Technical Assistance - $ • Single Family Rehabilitation Loan Program - $50, • Homebuyer Assistance Program - $200,000 • Accessible Housing Resources, Inc. - $202,466 • TG-110, Inc.-Village at McArdle - $500,000 y. QUESTIONS? RECOMMENDED FY2020 EMERGENCY SOLUTIONS GRANT (ESG) PROGRAM FY2020 ESG Allocation $232,899 City of Corpus Christi -ESG Administrative Cost Administrative Cost is being requested to fund a staff person at.25 1 $17,467 $17,467 FTE for the overall administration of the Emergency Solutions Grant Program. These functions include the financial oversight, compliance, and technical assistance components of the program. Corpus Christi Hope House The funding requested will provide emergency shelter and supportive services to homeless families, specifically, homeless women with 2 children and provide assistance to keep individuals and families at- $95,216 $95,216 risk of homelessness stably housed through Homeless Prevention Program Assistance, and transition individuals and families out of homelessness into permanent housing through Rapid Rehousing Program Assistance. The Salvation Army The requested funding will allow The Salvation Army to continue to provide food, emergency shelter, case management, and supportive services including Rapid Rehousing to homeless and at-risk individuals, families and Veterans and Coordinated Entry services. 3 The Emergency Shelter portion will provide for Emergency Shelter $95,216 $95,216 management and kitchen staff, a a portion of shelter utilities, maintenance and food. the Rapid-Rehousing portion will provide for rent and utility funds for 5 households with an average of 3 people each for a total of 15 people. Endeavors of Corpus Christi ESG funds will assist Endeavor Veterans Supportive Services Program (EVSSP) in serving additional Veterans who are at risk of hornlessness with prevention funding to maintain and sustain current 4 housing. Homeless prevention services will be provided through the $25,000 $25,000 form of intensive case management and rental and utility arrears. The requested funds will support the EVSSP's to ensure Veterans overcome barriers to housing stability and are successful after obtaining housing stabilization. Overall Total $232,899 $232,899 All ESG funding must be matched at 100% 1 CITY OF CORPUS CHRISTI FY2020 ANNUAL ACTION PLAN RECOMMENDED FY2020 CDBG PROGRAM FY2020 CDBG Allocation $2,758,645 Reprogrammed Funds $406,146 Program Income from Code Enforcement(Revolving Fund) $100,000 Program Income from Rehabilitation Program(Revolving Loan Fund estimate) $300,000 TOTAL FUNDS AVAILABLE FOR FY2020 CDBG PROGRAM $3,564,791 Iffiffill HCD-CDBG Program Administration This project will fund 5.75 FTE staff salaries and administrative costs:1- Administrator, 1-Program Manager,2-Sr.Management Assistants,and 1.75-Contract Administrators. Staff is responsible for administering the Community Development Block Grant(CDBG),the HOME Investment Partnership(HOME),and Emergency Solutions Grant(ESG)Programs. Staff interprets CDBG,HOME,and ESG federal regulations,conducts public hearings/meetings,reviews proposed projects and activities to 1 determine funding and eligibility,monitors subrecipients for program $445,000 $445,000 compliance,provides technical assistance,conducts environmental assessments of funding projects/activities,and enforces Davis Bacon Federal Labor Standards requirements. Staff must attend mandatory and required trainings in order to remain in federal compliance. Recommendation is 16%of allowable 20%. Staff salaries without benefits:$303,982.30 HCD operational budget:$48,600.94 HCD-Rehabilitation Services This is the operating budget for 10 FTE staff that service the various housing programs administered by HCD:1-Director,3-Program Managers,2-Rehab Specialists,2-Program Specialists,and 2- Management Assistants. The staff manage and administer the Demolition/Reconstruction Loan Program,Single Family Rehabilitation Loan Program,Minor Home Repair Grant Program,Accessible Ramp Program,Down Payment Assistance Program,Homebuyer Closing Cost Program,the Type A Homebuyer Program,and Mortgage Servicing which manages the servicing of approximately 550 loans provided through the Single Family Demolition/Reconstruction and Rehabilitation Loan 2 $777,000 $777,000 Programs. Services include collection of loan payments,escrowing of insurance and property taxes,payment of insurance and property taxes, preparing end of year escrow analysis,and providing release of liens on loans that are paid off. Services provided include applicant in-take,loan processing,loan settlement,Homebuyer Education,construction monitoring,project estimating,and development of specifications and drawings. Staff must attend mandatory and required trainings to remain in federal compliance. Staff salaries without benefits:$504,013.23 HCD operational budget:$74,242.24 HCD-Minor Home Repair Grant Program The Minor Home Repair Grant Program assists homeowners with a grant to provide repairs involving the roof,plumbing,electrical,heating or minor 3 structural repairs.The applicant must be at least 62 years old or disabled. $600,000 $600,000 The applicant must meet the very low-income limits(30%AMI). Program Income Projection:$300,000 Entitlement funding:$300,000 Parks and Recreation-Salinas Park Improvements Salinas Park is designated as a community/regional park with ADA play structures that are unique to this community. Salinas Park is located in an underserved area that would greatly benefit from park amenities that improve the health and well being of its residents. Phase I and Phase II created accessible play structures,Play for All playground, shade structure over the playground and new splash pad.The proposed 4 improvements will include shade structure over the new Play for All $1,000,000 $1,000,000 Splash Pad;additional shade structures and picnic tables around splash pad for families; install partial fencing around the basketball court to allow for wheelchair basketball to be played without the ball rolling into the adjacent parkland;remove and replace the asphalt walking trail in the park to meet ADA compliance;park lighting(sports field and walking trail) and install an irrigation system where none exists and other improvements deemed necessary. 1 Code Enforcement-Demolition This program consists of the demolition of substandard structures determined to be health and safety issues and meet a threshold of 51%or more deterioration of the general structure.The demolition of these structures is an abatement measure as deemed necessary by the City Code of Ordinances and Public Safety Officials.The removal of unsafe structures is a priority for neighborhood revitalization within the community as well as a goal established by City Council.Each structure will be assessed and surveyed by Code Enforcement as a sub-standard building case.The property owner is provided the opportunity to resolve the sub- standard conditions within the parameters of the City's Building Codes. 5 Structures remaining sub-standard will be demolished under the authority $200,000 $200,000 of the Building Standards Board.The City may charge an abatement cost and place a lien against the properties to cover the cost incurred;or,The Demolition Grant Program allows the property owner the opportunity to voluntarily agree to have their structure demolished.This Program benefits low income persons in CDBG eligible areas to aid in the prevention/elimination of slums or blight. $150,000 of this funding will go towards the assessment,treatment,and demolition of 1113 N.Alameda as part of the Harbor Bridge Projects Mitigation Plan. PI-50,000 Code Enforcement-Clearance of Vacant Properties This program consists of the clearance of vacant properties in regards to the removal of the accumulation of litter;solid waste;the mowing of tall weeds and dangerous weeds;and,abatement of unsightly and unsanitary matter.The City may charge an abatement 6 cost and place a lien against the properties to cover the cost incurred. $50,000 $50,000 This Program benefits low income persons in CDBG eligible areas to aid in the prevention/elimination of slums or blight.All CDBG eligible census tracts in the city meet the HUD criteria for a deteriorating area and meet the national objective of serving the low income clients. PI-$50,000 Code Enforcement Program(Staffing) This request is to fund full salary for eight(8)full-time employees in the Code Enforcement Division of the Police Department-seven(7) Compliance Officers at 100%and one(1)Senior Account Clerk at 100% for special code enforcement activities associated with the investigation, 7 notification and abatement of ordinance violations in CDBG eligible areas. $392,791 $392,791 This amount includes$2,400($300)for each staff member for required training and certifications).The Program benefits low income persons in CDBG eligible areas to aid in the prevention/elimination of slums or blight. Boys and Girls Club-Locker Room Plumbing The Greenwood Unit locker rooms are currently closed to everyone due to 8 the corroded plumbing in that area of the facility.The pipes are extremely old,unsafe,and have collapsed in some places. Funding will go towards $100,000 $100,000 the replacement of the plumbing in the locker rooms so individuals are able to utilize the space within the facility. Overall Total $3,564,791 $3,564,791 2 RECOMMENDED FY2020 HOME PROGRAM FY2020 HOME Allocation $1,141,628 Program Income from Rehabilitation Program $375,000 TOTAL FUNDS AVAILABLE FOR FY2020 HOME PROGRAM $1,516,628 HOME Administration/Technical Assistance Administrative funds for 2 FTE staff, planning,oversight, coordination, staff supervision, monitoring and evaluation, contracting, record keeping/reporting and overall program management. Staff training and administrative 1 expenses are also included in the request. Technical assistance will be $114,162 $114,162 provided to enhance the capacity of CHDO's, non-profits, owners/investors of rental property and other organizations that may participate in the program. The amount indicates 10%of the allowed 10%for administrative costs. HCD Single Family Rehabilitation The Single Family Rehabilitation Loan Program benefits only low-and very low-income homeowners. The program provides zero percent and three percent interest loans to homeowners interested in rehabilitating their 2 homes. Funds requested will be used to provide demolition and relocation $500,000 $500,000 grants and reconstruction loans to eligible homeowners whose homes are 51%or more deteriorated. Program Income Projection: $375,000 Entitlement Fundinq:$125,000 HCD Homebuyer Assistance HCD will offer homebuyer down payment assistance to income-eligible 3 residents meeting the income guideline requirements for 80%AMI. The $200,000 $200,000 program will provide up to$10,000 in down payment assistance and up to $10 000 in closing cost assistance. INTERDEPARTMENTAL TOTAL $814,162 $814,162 Accessible Housing Resources, Inc. AHRI will receive referrals of individuals with disabilities, elderly, (55+) 4 Veterans, homeless or at-risk of hornlessness or institutionalization who $202,466 $202,466 have a need for affordable, accessible and decent rental housing through outreach to CBCIL,AAA-ADRC, Salvation Army,and others.The program funds will cover rent, utilities, housing deposits and project delivery costs. TG 110, Inc. -Village at McArdle Village at McArdle is a proposed 82-rental unit multifamily apartment community of which 70 units will be at or below 60%AMI. Due to the area having manyjob opportunities and amenities in close proximity,the project will also include 12 market rate units. Demolition and reconstruction of 99- units. The new construction of the community will include energy efficient materials,fixtures and appliances. The planned on-site amenties,zoned 5 CG-2, are full-perimeter fencing,computer learning center-2 per 20 units, a $500,000 $500,000 new furnished community room, community laundry room,WIN in the office/community center,children's playscape area and swimming pool.The development will be financed primarily through the Texas Department of Housing and Community Affairs'Low Income Housing Tax Credits, private debt, and HOME funds through the City of Corpus Christi. Total Project Cost: $18,122,680 HCD Projects Total $814,162 $814,162 Non-Profit Projects $202,466 $202,466 Housing Tax Credit Projects $500,000 $500,000 Overall Total $1,516,628 $1,516,628 1 s c° AGENDA MEMORANDUM rNCORPORPT�'ro First Reading for the City Council Meeting of July 21, 2020 1852 Second Reading for the City Council Meeting of July 28, 2020 DATE: June 9, 2020 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRocha@cctexas.com 361-826-3932 Amending Ordinance for Fire Prevention Fees CAPTION: Ordinance amending the Fire Prevention Permit Fee Schedule of the Corpus Christi Code of Ordinances that will add nine additional fees that were previously collected by a third-party consultant SUMMARY: This ordinance amendment will authorize the removal of the $250 Plans Review fee and will include nine additional fees that were previously collected by a third-party contractor. The contractor will no longer conduct Fire Protection Engineer (FPE) services for the City. The City's recently hired Fire Protection Engineer will now conduct services as required by the international fire code and state and local codes and ordinances and therefore the City will collect the additional fees. BACKGROUND AND FINDINGS: The City of Corpus Christi in year's past charged a one-time $250 plans review fee. In recent times, the City utilized a third-party FPE to asses and collect fees for the following permits: special suppression systems, sprinkler systems, fire alarm systems, fire lane markings, fire pumps or standpipes and re-review fees. The third-party consultant will no longer conduct FPE services on behalf of the City. This ordinance amendment will authorize the removal of the one-time $250 Plans Review fee in the ordinance and will include the nine fees that were previously collected by the third-party FPE. The nine fees added to the Fire Prevention permit fee schedule are the same fees that the third-party FRP charged. Permits are required by the international fire code and state and local codes and ordinances. The permits ensure that there is adequate sprinkler and fire alarm coverage and to ensure that the standpipe systems and fire pumps are providing adequate fire protection to the occupancy in line with fire code requirements. The fees are as follows: Special Suppression Systems $300 per review Plans Review- Sprinkler up to 20 heads $300 per review Plans Review- Sprinkler 21+ heads $550 per review Plans Review- Fire Alarm up to 20 devices $300 per review Plans Review- Fire Alarm (26-200 devices) $550 per review Plans Review- Fire Alarm 201+ devices $550 flat fee + $1 each additional device over 200 per review Plans Review- Fire Line $250 per review Plans Review- Standpipe or Fire Pump $250 per review Re-Review Fee '/2 of original review fee Based on a 3-year average from the contractor's fees, the inclusion of the new fees is estimated to bring in about $106,105 in revenue. The additional fees will be utilized to fund the salary of the Fire Protection Engineer. The Fire Protection Engineer will start providing these services for the City starting July 20, 2020. In FY2020 the City Council approved the hire of the Fire Protection Engineer position in the Fire Prevention Division of the Fire Department. By bringing the Fire Protection Engineer within the Fire Department, the City will no longer require the services provided by the third-party Fire Protection Engineer and thus can charge the fees listed above internally. ALTERNATIVES: The alternative to approving the fee adjustment would be to reject the fee adjustment to the Fire Prevention fee schedule. This would cause the Fire Department to become short of the salary for the Fire Protection Engineer. However, the approval of the fee adjustment will ensure the salary for the Fire Protection Engineer. FISCAL IMPACT: The fiscal impact for FY2021 will be an estimated revenue of$106,150. Funding Detail: Fund: 1020 General Fund Organization/Activity: 12020 Fire Prevention Mission Element: 888 Revenue Project# (CIP Only): Account: 308900 Fire Prevention Permit Fees RECOMMENDATION: Staff recommends that City Council approve the fee adjustment to the Fire Prevention Permit fee schedule. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending the Fire Prevention Permit Fee Schedule of the Corpus Christi Code of Ordinances that will add nine additional fees that were previously collected by a third- party consultant. Section 1. That Chapter 18, Fire Prevention and Protection, Article I, Section 18-4. Fire prevention permit fee schedule of the Corpus Christi Code of Ordinances is amended as follows: Sec. 18-4- Fire prevention permit fee schedule. The following fee schedules apply to activities under article I of this chapter. Corpus Christi Fire Department Fire Prevention Permit Fee Schedule Permit Fee Fee After Hours Overtime Inspections $100.00 per hour(3 hours minimum) pre-paid prior to scheduling inspection Airports, heliports and helistops 200.00 annually Assembly 150.00 annually Automatic sprinklers, standpipes, and fire lines 200.00 per visit (testing) Bars 150.00 annually Churches (one-time fee- no day care facility on 150.00 premises) Combustible fibers (storage and handling) 150.00 annually Commercial Vent-A-Hood cleaning 100.00 annually Compressed gas 100.00 annually Cryogenic fluids 150.00 annually Day care facilities (or similar short-term 100.00 annually occupancies) Dry cleaning plants 150.00 annually Exhibits/Trade Shows (Special Events) 250.00 per event Explosives, blasting agents and ammunition 150.00 annually Explosives, Demolition 250.00 per event Extinguishing systems 150.00 per inspection Fire alarm systems 150.00 per floor- per test visit Fire alarm systems (required 15,000 square foot 150.00 per zone - per test visit zones) Fireworks display(aerial) 150.00 per display Fireworks display(non-aerial) 150.00 per display Flame Effects 150.00 per display Flammable and combustible liquids 150.00 annually Flammable finishes 150.00 annually Foster homes and group homes 100.00 annually Fumigation and thermal insecticide fogging 200.00 annually Hazardous chemicals 150.00 annually High piled combustible stock 100.00 annually High rise life safety system (testing before issuance 250.00 per test of C. of 0.) Hospitals and nursing homes (per bed) 1.20 per bed + $250.00 flat fee Liquified natural gas 100.00 annually Liquified petroleum gas 100.00 annually Lumber storage 150.00 annually Mechanical refrigeration 100.00 annually Open burning 750.00 per day Organic coatings 100.00 annually �La- ae*i-e , Plans Review—Sprinkler (up to 20 _ 250.00 per heads 300.00 per review ...................... Plans Review-Sprinkler(21+ heads) 550.00 per review Plans Review- Fire Alarm (up to 20 devices) 300.00 per review Plans Review- Fire Alarm (26-200 devices) 550.00 per review Plans Review- Fire Alarm (201+devices) 550.00 flat fee + 1.00 each additional device over 200 per review Plans Review- Fire Line 250.00 per review Plans Review-Standpipe or Fire Pump 250.00 per review Pressure Test(Fuel Storage Tanks and/or Product 150.00 per visit Lines) Repair Garages 150.00 annually Re-Review Fee % of original review fee Restaurants 150.00 annually Special Handling Fee (Less than 24-Hours' Notice) 100.00 per inspection Special Su cession S stems 300.00 per review Tank vehicles for flammable and combustible 100.00 annually liquids Tents and air-supported structures 100.00 annually Tire rebuilding plant 100.00 annually Underground/Above ground fuel tanks (installation 200.00 per inspection and removal) ......... Visuals- Fire Alarm/Automatic Sprinkler(Above 100.00 per visit ground/Underground) Wrecking yard,junkyard or waste handling 100.00 annually 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 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 1 GQ G7 MaaP© a4o AGENDA MEMORANDUM 1852 First Reading Ordinance for the City Council Meeting of July 21, 2020 Second Reading Ordinance for the City Council Meeting of July 28, 2020 DATE: June 12, 2020 TO: Peter Zanoni, City Manager THRU: Steve Viera, Assistant City Manager stevev@cctexas.com (361) 826-3445 FROM: Kevin Norton, Director of Water Utilities kevinn@cctexas.com (361) 826-1874 Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Construction Change Order O.N. Stevens Water Treatment Plant High Service Building No. 3 CAPTION: Ordinance authorizing Change Order No. 19 with PLW Cadagua Partners of The Woodlands, Texas, for several additional scope items to O.N Stevens Water Treatment Plant High Service Building No. 3 in the amount of$549,603.44, located in City Council District 1, for a total contract value not to exceed $23,336,407.53 and amending the FY 2020 Capital Improvement Program budget. SUMMARY: This Change Order addresses several necessary additional scope items at O.N. Stevens Water Treatment Plant (ONSWTP) High Service Pump Building No. 3. BACKGROUND AND FINDINGS: In August 2016, City Council awarded a construction contract to PLW Cadagua Partners of The Woodlands, Texas in an amount of$21,650,000 to build the new High Service Building No. 3 and associated improvements. Since then, 18 change orders have been processed that have extended the construction timeline and budget and as such this project needs to be added to the FY 2020 Capital Improvement Program budget to account for additional expenditures. This project base bid scope included replacement of the existing High Service Pump Bldg. No.1 at the ONSWTP that is beyond its useful service life. The existing High Service Pump Bldg. No.1 was placed into service over 60 years ago and is experiencing severe deterioration impacting reliability and capacity. It does not comply with the Texas Commission on Environmental Quality (TCEQ) approved Alternate Capacity Requirement plan and future demands. The existing High Service Pump Bldg. No.1 will be abandoned in place and a new 12,700 square foot High Service Pump Building No. 3 with six (6) new horizontal split-case pumps, motors, piping and valves, electrical, controls and associated site improvements will be constructed. In addition the project base bid scope included the replacement of four (4) existing tilting disc check valves (TDCVs) and all existing Multilin Motor protection relays (MRP) at High Service Building No. 2 in order to provide consistency and facilitate maintenance between both High Service No. 2 and the High Service No. 3 Pump Stations. The new High Service Pump Building No. 3 is currently under construction and once completed it will have the capability to deliver treated water to the distribution system from the existing clearwell No. 1, clearwell No. 2 and future programmed clearwell No. 3. In addition, it will enable the City to decommission High Service Pump Building No. 1. During construction it was determined that the design drawings did not provide all the information required to successfully install the conduit bodies in support of the pumps/motors or the control wiring for the generators. As a result, new conduit bodies were purchased and installed to support the pumps/motors and additional conduit and conductors were purchased and installed to support the generator. In addition, there are four new scope items that were requested by the Utility Department during construction with the major item being the addition of the chemical injection and sample station improvements. After construction started it became evident that a section of the treatment train needed to be diverted to a nearby junction box to ensure there was no loss of service for the water plant operations. To perform this, the contractor had to stop their critical path activities on Clearwell No. 1 and start on the required chemical injection and sample station improvements. A summary of the additional cost and days included in the Change Order are shown in Table 1 below. Additional details can be found in the supporting documents. Table 1. Change Order No. 19 Summary COST DESCRIPTION AMOUNT REQUESTED REASON PROPOSAL DAYS FOR CHANGE #22 Retrofit Electrical Parts on $24,389.59 18 Design Pumps and Motors Oversight #28 Additional Conduit and $34,102.63 0 Design Conductors Required for Oversight Generator #31 Asphalt Repairs, Pump $27,668.98 18 Owner Paint Finish, & Cage Request Ladder #32 Chemical Injection and $52,562.32 30 Owner Sample Station Request Improvements Injection and Sample Request Station Improvements No. 1 Request ° Work is complete or partially complete on these items. A staff-approvable change order will need tube executed to pay for this work if council does not approve the agenda item. This Change Order authorizes pLVV Cudagua Partnere, who is currently mobilized at the water treatment plant tO continue construction Of the new High Service Building No. 3Up[O the additional proposed contract amount. If approved the addition of the 188 calendar days will extend the anticipated construction substantial completion date from September 2020 to March 2021. PROJECT TIMELINE WITH CHANGE ORDER: i i A S iiiii F M The above construction project Um8|in9n8fleStSCib/COunCi| @ppn}v@| inJu|y2O2O. Change Order NO. 19VVi|| authorize the addition Of 188 calendar days tOthe COOStrUCtiOO contract which will extend the anticipated COOSt[UCtiOO SUbSt8OU8| DO0p|etiOO date from September 2020tO yN8rCh 2021. AS an G|t9rn8Uv8 to approving this Change Order the City could pursue 8 new stand-alone COOSt[UCtiOO CODtn8Ct/S\. This process VVOU|d likely PeSUk in additional COOStrUCtiOO COSt due to iOf|@dOO and 0Obi|iz8U0O. It would also result in delays to inOp|808Ot3UOO of construction items required to achieve o fully operable High Service Building No. 3. FISCAL IMPACT: The fiscal impact inF`y2020inon amount of$549.00344tobe funded through the FY2O20C|P budget. This will naou|t in the additional expenditure of a total amount not to exceed $23.338.407.53 for the contract. Funding Detail: These funds are coming from the various fund balances of other FY 2019 Water CIP project cost savings and will be distributed to this project Fund: Water 2019 CIP Fund (Fund #4098) Mission Elem: Treat Water (ME#062) Project No.: O.N. Stevens Water Treatment Plant Bldg. #3 (Project No. E11066) Account: Construction (Acct#550910) Activity: E1 1 066-01-4098-EXP Amount: $549,603.44 RECOMMENDATION: Staff recommends approval of Change Order No. 19 in the amount of $549,603.44, with PLW Cadagua Partners, to construct the new High Service Pump Building No. 3 at the O.N. Stevens Water Treatment Plant. Construction is anticipated to be substantially completed in March 2021. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Change Order No. 19 Change Order No. 19 Summary Ordinance Ordinance authorizing Change Order No. 19 with PLW Cadagua Partners of The Woodlands, Texas, for several additional scope items to O.N Stevens Water Treatment Plant High Service Building No. 3 in the amount of$549,603.44, located in City Council District 1, for a total contract value not to exceed $23,336,407.53 and amending the FY 2020 Capital Improvement Program budget. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Fiscal Year 2020 Capital Improvement Program Budget adopted by Ordinance 031870 is amended to add project and increase the budget in the amount of $549,603.44, for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 project#E11066. SECTION 2. Change Order No. 19 to the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 project with PLW Cadagua Partners of The Woodlands, Texas in the amount of$549,603.44 is authorized. SECTION 3. The City Manager or his authorized designee is authorized to execute Change Order No. 19 for the O.N. Stevens Water Treatment Plant High Service Pump Building No. 3 Project with PLW Cadagua Partners of the Woodlands, Texas in the amount referenced herein. 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 D 0 PROJECT LOCATION ° 0 N SCALE: N.T.S. � � a .m R 6 VICINITY MAP NOT TO SCALE PROJECT LOCATION NUECES RIVER 624 AN NAVI LLE 77 W Q O U W W_ -.J N Q U > z U `.s rK U O 0 O Z O Q 3: Q U ROBSTOWN LOCATION MAP NOT TO SCALE Project: E11066 ONSWTP HIGH SERVICE CITY COUNCIL EXHIBIT BUILDING No.3 CITY OF CORPUS CHRISTI,TEXAS (CHANGE ORDER No. 19) DEPARTMENT OF ENGINEERING SERVICES iry i N SCALE. N.T.S. r (f PROJECT LOCATION �I I r i l a , r AERIAL MAPS NOT TOSCALE PROJECT: E11066 ONSWTP HIGH SERVICE CITY COUNCIL EXHIBIT BUILDING No.3 CITY OF CORPUS CHRISTI,TEXAS (CHANGE ORDER No. 19) DEPARTMENT OF ENGINEERING SERVICES CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER I&_ CHANGE ORDER NO: 19(COUNCIL) CHANGE ORDER DATE: 6/23/2020 PROJECT: ONSWTP High Service Bldg.#3 PROJECT NUMBER: El 1066 CONTRACTOR: PLW Cadagua Partners ORIGINAL CONTRACT TIME: 1065 CD's ENGINEER: LNV,Inc. Make the following additions,modifications or deletions to the work described in the Contract Documents: ADDITIONS Quantity Unit Unit Price Total Additional Scope REP.22 Rev.4(06/23/20) Retrofit of Electrical Parts on Pumps&Motors I LS $ 24,389.59 $ 24,389.59 Additional Days:Scope Change 18 DAYS $ - RFP.28 Rev.4(06/23/20) Addition of conduit&conductors for generator per Cummins I LS $ 34,102.63 $ 34,102.63 Additional Days:Scope Change 0 DAYS $ - RFP.31 Rev.1(01/21/20) HS#3 Punch List Request I LS $ 27,668.98 $ 27,668.98 Additional Days:Scope Change 18 DAYS $ - RFP.32 Rev.1(01/21/20) Chemical Injection&Sample Station Improvements I LS $ 52,562.32 $ 52,562.32 Additional Days:Scope Change 30 DAYS $ - RFP.33 Rev.3(06/23/20) Additional-Chemical Injection&Sample Station Improvements I LS $ 357,011.84 $ 357,011.84 Additional Days:Scope Change 60 DAYS $ - RFP.34(01/07/20) Clear-well#1 Repairs I LS $ 53,868.10 $ 53,868.10 Additional Days:Scope Change 60 DAYS $ - Additions Total: $ 549,603.44 DELETIONS none I n/a 0 LS $ $ Deletions Total: $ - Additional Calendar Days requested 186 NET TOTAL OF THIS CHANGE ORDER: $ 549,603.44 Why was this Change necessary: REP 22) During construction it was determined that the design required the incorrect conduit bodies.This scope includes the replacement of conduit bodies installed on the pumps to match in-kind throughout. REP 28) After constriction started it was identified that the design for the generator control wiring was incomplete.Additional conduit and conductors were necessary to provide a complete system.This scope includes installation of additional conduit and conductors necessary to complete the generator installation. RFP 31) After constriction it was determined that some additional scope items were needed.This scope of work includes repairs to existing pavement,painting the pumps to match the piping system, and modifications to the cage ladder penetration through the ceiling that leads to the mezzanine. RFP 32) After constriction it was determined that some additional scope items were needed to keep the plant operating during construction.This scope of work includes installation of two(2) foundations and associated drain lines to accommodate future sample stations and relocating the post injection LAS and chlorine points for Plant 1 treatment train.The relocation of LAS and chlorine injection points were requested to allow operations to divert Plant 1 flow to nearby junction box that feeds to Clearwell 2 which will bypass Clearwell I while providing adequate post injection whilst ensuring optimum water quality. RFP 33) After constriction it was determined that some additional scope items were needed to keep the plant operating during construction.This scope of work is related to Cost Proposal No.32 and includes the installation of two(2)sample stations,which includes pumps,analyzers,and all electrical work required to provide a functioning system.The new sample stations will assist the plant operations with maintaining adequate injection ratios and ensuring optimum water quality during CW 1 rehabilitation and after the decommissioning of HS#1. RFP 34) This scope of work accounts for the project delay resulting from the Clearwell 1 rehabilitation work being postponed,allowing for the High Service#2 pumps to be rehabilitated and put back in operation prior to the High Service#1 pumps being decommissioned.By doing this it ensured the plant was running at frill pumping capacity throughout constriction. The compensation agreed upon in this Change Order is full,complete and final payment for all costs the Contractor may incur as a result of or relating to this change whether said costs are known, unknown,foreseen or unforseen at this time,including without limitation,any cost for delay,extended overhead,ripple or impact cost,or any other effect on changed or unchanged work as a result of this Change Order. Original Contract Amount $ 21,650,000.00 Total Change Order Contingency Amount(25%) $ 5,412,500.00 Remaining Available Contingency Amount(including this CO) $ 3,726,092.47 Previously Approved Change Order Amount $ 1,136,804.09 Proposed Change Order Amount $ 549,603.44 Revised Contract Amount $ 23,336,407.53 Percent of Total Change Orders(including this CO) 7.79% Original Contract Time for Substantial Completion 1065 CD's Notice to Proceed Date 10/3/2016 Original Substantial Completion Date 9/3/2019 Previously Approved Change Order Time 376 CD's Additional Time on This Change Order 186 CD's Revised Contract Time for Substantial Completion 1627 CD's Revised Substantial Completion Date 3/18/2021 Page 1 of 2 CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER I&- CHANGE ORDER NO: 19(COUNCIL) CHANGE ORDER DATE: 6/23/2020 PROJECT: ONSWTP High Service Bldg.#3 PROJECT NUMBER: El 1066 CONTRACTOR: PLW Cadagua Partners ORIGINAL CONTRACT TIME: 1065 CD's ENGINEER: LNV,Inc. REVIEWED BY: LNV,Inc. REQUESTED BY: PLW Cadagua Partners n/a Engineer Date Emilio Lopez Pacetti Date Vice President CITY OF CORPUS CHRISTI FUND: 4098-062 D/a RECOMMENDED BY: ACCOUNT- 550910 D/sa Brett Van Hazel Date ACTIVITY: EI1066-01-4093-EXI' DJa Construction Engineer Ali/l.C)Ul?vT: $549,603.44 D/a RECOMMENDED BY: APPROVED BY: Jeffrey Edmonds,P.E. Date Michael Rodriguez Date Director of Engineering Services Chief of Staff RECOMMENDED BY: APPROVED AS TO Eddie Houlihan,Director Date FORM: Kent Mcilyar Date Management and Budget Assistant City Attorney Page 2 of 2 CHANGE ORDER NO. 19 SUMMARY SUPPORTING DOCUMENTATION O.N.Stevens Water Treatment Plant High Service Building No. 3 City Project No. E11066 CHANGE ORDER NO. 19 SUMMARY TABLE COST TITLE AMOUNT REQUESTED REASON PROPOSAL DAYS FOR CHANGE #22 Retrofit Electrical Parts on Pumps $24,389.59 18 Design and Motors Oversight #28 Additional Conduit and Conductors $34,102.63 0 Design Required for Generator Oversight #31 Asphalt Repairs, Pump Paint $27,668.98 18 Owner Finish, & Cage Ladder Request #32 Chemical Injection and Sample $52,562.32 30 Owner Station Improvements Request #33 Additional Chemical Injection and $357,011.84 60 Owner Sample Station Improvements Request #34 Delay in Work at Clearwell No. 1 $53,868.10 60 Owner Request PROPOSAL TOTAL $549,603.44 186 COST PROPOSAL DESCRIPTIONS Cost Proposal No. 22: Retrofit of Electrical Parts on Pumps and Motors Amount: $24,389.59 Additional Calendar Days Requested: 18 This scope includes the replacement of conduit bodies installed on the pumps to match in-kind throughout. Cost Proposal No. 28 Additional Conduit and Conductors Required for Generator Amount: $34,102.63 Additional Calendar Days Requested: 0 Project: E11066 Rev. 5: 6/25/2020 Legistar No.: 20-0733 PM: Lj Francis, P.E. CHANGE ORDER NO. 19 SUMMARY SUPPORTING DOCUMENTATION After construction started it was identified that the design for the generator control wiring was incomplete. Additional conduit and conductors were necessary to provide a complete system. This scope includes installation of additional conduit and conductors necessary to complete the generator installation. Cost Proposal No. 31 Asphalt Repairs, Pump Paint Finish, &Cage Ladder Amount: $27,668.98 Additional Calendar Days Requested: 18 This scope of work includes repairs to existing pavement, painting the pumps to match the piping system, and modifications to the cage ladder penetration through the ceiling that leads to the mezzanine. Cost Proposal No. 32 Chemical Injection and Sample Station Improvements Amount: $52,562.32 Additional Calendar Days Requested: 30 This scope of work includes installation of two (2) foundations and associated drain lines to accommodate future sample stations and relocating the post injection LAS and chlorine points for Plant 1 treatment train. The relocation of LAS and chlorine injection points were requested to allow operations to divert Plant 1 flow to nearby junction box that feeds to Clearwell 2 which will bypass Clearwell 1 while providing adequate post injection whilst ensuring optimum water quality. Cost Proposal No. 33 Additional Chemical Injection and Sample Station Improvements Amount: $357,011.84 Additional Calendar Days Requested: 60 This scope of work includes the installation of two (2) sample stations, which includes pumps, analyzers, and all electrical work required to provide a functioning system. The new sample stations will assist the plant operations with maintaining adequate injection ratios and ensuring optimum water quality during CW1 rehabilitation and after the decommissioning of HS#1. Cost Proposal No. 34 Delay in work at Clearwell No. 1 Amount: $53,868.10 Additional Calendar Days Requested: 60 Project: E11066 Rev. 5: 6/25/2020 Legistar No.: 20-0733 PM: Lj Francis, P.E. CHANGE ORDER NO. 19 SUMMARY SUPPORTING DOCUMENTATION This scope of work accounts for the project delay resulting from the Clearwell 1 rehabilitation work being postponed allowing for the High Service#2 pumps to be rehabilitated and put back in operation prior to the High Service#1 pumps being decommissioned. By doing this it ensured the plant was running at full pumping capacity throughout construction. Project: E11066 Rev. 5: 6/25/2020 Legistar No.: 20-0733 PM: Lj Francis, P.E. PROJECT NAME E11066-ONSWTP High Service Pump Bldg No. 3 CONTRACTOR PLW Cadagua BID DATE: 6/6/2016 ENGINEER LNV Engineering AWARD DATE: 8/16/2016 INSPECTOR Jim Boyle PRE-CON DATE: 9/22/2016 PROJECT MANAGER Larijai "U" Francis NTP DATE: 10/3/2016 TESTING LAB Rock Engineering&Testing ORIGINAL CONTRACT COMPLETION: 9/3/2019 ORIGINAL CONTRACT $21,650,000.00 REVISED COMPLETION DATE: 6/11/2020 ORIGINAL TIME 1065 ACTUAL COMPLETION DATE: In Progress CHANGE ORDERS Change Orders CO Executed Amount Percent Change Days Added 1 6/26/2017 $ 56,843.92 0.26% 2 2 7/21/2017 $ 34,442.14 0.42% 0 3 8/9/2017 $ 55,881.50 0.68% 5 4 8/9/2017 $ 66,948.00 0.99% 15 5 11/9/2017 $ (35,600.00) 0.82% 0 6 1/18/2018 $ 7,433.70 0.86% 0 7 4/18/2018 $ 182,629.43 1.70% 30 8 2/5/2018 $ 13,236.25 1.76% 10 9 6/4/2018 $ 26,742.18 1.89% 10 10 6/4/2018 $ 41,221.06 2.08% 10 11 6/4/2018 $ 41,714.07 2.27% 5 12 12/7/2018 $ 300,000.00 3.66% 90 13 10/8/2018 $ 41,654.41 3.85% 30 14 10/15/2018 $ 221,650.09 4.87% 0 15 11/9/2018 $ 16,500.03 4.95% 30 16 2/20/2019 $ 37,659.92 5.12% 30 17 3/14/2019 $ 27,847.39 5.25% 15 18 $ - 5.25% 19 5.25 CHANGE ORDER TOTAL: $ 1,136,804.09 282 $ 22,786,,804w09 1347 Back to CIP Master Revised Contract Totall Rev sed Contract Days PAY ESTIMATES Pay Estimate No. Executed Date Work Done %of Budget Days Charged %Days Charged 1 12/30/2016 $ 1,390,411.56 6.10% 58 4.31% 2 1/20/2017 $ 151,700.00 6.77% 31 6.61% 3 2/14/2017 $ 90,190.66 7.16% 31 8.91% 4 3/8/2017 $ 511,750.00 9.41% 28 10.99% 5 4/28/2017 $ 913,447.78 13.42% 31 13.29% 6 5/19/2017 $ 439,550.00 15.35% 30 15.52% 7 6/23/2017 $ 700,073.28 18.42% 31 17.82% 8 7/26/2017 $ 221,378.56 19.39% 30 20.04% 9 8/28/2017 $ 529,617.14 21.71% 31 22.35% July 10 9/22/2017 $ 974,038.86 25.99% 31 24.65% August 11 10/24/2017 $ 808,002.00 29.54% 30 26.87% September 12 11/20/2017 $ 1,525,900.00 36.23% 31 29.18% October 13 12/12/2017 $ 954,760.00 40.42% 30 31.40% November 14 1/11/2018 $ 1,883,363.00 48.69% 31 33.70% December 15 2/15/2018 $ 2,429,620.00 59.35% 31 36.01% January 16 3/20/2018 $ 1,821,724.00 67.34% 28 38.08% February 17 4/13/2018 $ 1,571,750.00 74.24% 31 40.39% March 18 5/24/2018 $ 1,238,780.00 79.68% 30 42.61% April 19 7/2/2018 $ 950,490.60 83.85% 31 44.91% May 20 7/23/2018 $ 506,433.24 86.07% 30 47.14% June 21 8/24/2018 $ 246,331.47 87.15% 31 49.44% July 22 9/19/2018 $ 153,544.21 87.83% 31 51.74% August 23 10/17/2018 $ 82,530.00 88.19% 30 53.97% September 24 11/21/2018 $ 43,623.56 88.38% 31 56.27% October 25 12/19/2018 $ 150,387.25 89.04% 30 58.50% November 26 1/25/2019 $ 165,667.57 89.77% 31 60.80% December 27 2/26/2019 $ 110,685.63 90.25% 31 63.10% January 28 4/3/2019 $ 70,355.68 90.56% 28 65.18% February 29 4/24/2019 $ 116,532.35 91.07% 31 67.48% March 30 5/22/2019 $ 129,597.39 91.64% 30 69.71% April 31 6/26/2019 $ 91,650.23 92.04% 31 72.01% May 32 7/23/2019 $ 212,526.93 92.98% 30 74.24% June 33 9/5/2019 $ 225,672.30 93.97% 31 76.54% July 34 10/8/2019 $ 48,746.70 94.18% 31 78.84% August 35 10/24/2019 $ 131,186.77 94.76% 30 81.07% September 36 12/11/2019 $ 50,835.48 94.98% 31 83.37% October 37 12/31/2020 $ 23,000.00 95.08% 30 85.60% November 38 3/30/2020 $ 18,100.00 95.16% 91 92.35% Dec.- Feb. 39 5/28/2020 $ 202,809.54 96.05% 31 94.65% 40 96.05% 94.65 TOTAL WORK DONE: $ 21,886,763.74 96.05% 1275 CITY OF CORPUS CHRISTI CAPITAL TRANSFER OF FUNDS / NEW CIP BUDGET Project: E12096-S Staples.Morgan to IH37 Reason for Transfer: Preparing project close out change order-Transferring funds to Reserve Appropriation account STANDARD/DETAIL BUDGET Accounting Unit (Fund-Org-ME) FUND ACTIVITY ACCOUNT CATEGORY Account Amount 3496-043 SW 2012A BD2012 E12096-01-3496-EXP Budget BUD $ (7,273.00) 3530-051 Street CIP E12096-01-3530-EXP Budget BUD $ (37,727.85) 3549-051 ST2013 GO 131312 El 2096-01-3549-EXP Budget BUD $ (43,389.02) 4093-041 Water 2013 RVBD E12096-01-4093-EXP Budget BUD $ (225,409.17) 4094-041 Water 2013 BD12 E12096-01-4094-EXP Budget BUD $ (7,630.00) 4097-041 Water 2015 Bnd E12096-01-4097-EXP Budget BUD $ (19,483.40) 4098-041 Water 2019 CIP E12096-01-4098-EXP Budget BUD $ (5,124.18) 4251-042 WW 2012A BD2012 096-01-4251-EXP Budget BUD $ (10,000.00) 4256-042 Wstwtr 2015Bnd E12096-01-4255-EXP Budget BUD $ (258,882.98) 4561-022 Gas 2015 Bnd E12096-01-4561-EXP Budget BUD $ (36,789.43) Total Transfer From: $ (651,709.03) COMPLETE THIS SECTION FIRST Accounting Unit (Fund-Org-ME) FUND ACTIVITY ACCOUNT CATEGORY Account Amount 3496-043 SW 2012A BD2012 500030-3496 Reserve Appropriation 500030 $ 7,273.00 3530-051 Street CIP 500030-3530 Reserve Appropriation 500030 $ 37,727.85 3549-051 ST2013 GO BD12 500030-3549 Reserve Appropriation 500030 $ 43,389.02 4093-041 Water 2013 RVBD 500030-4093 Reserve Appropriation 500030 $ 225,409.17 4094-041 Water 2013 BD12 500030-4094 Reserve Appropriation 500030 1 $ 7,630.00 4097-041 Water 2015 Bnd 500030-4097 Reserve Appropriation 500030 $ 19,483.40 4098-041 Water 2019 CIP 500030-4098 Reserve Appropriation 500030 $ 5,124.18 4251-042 WW 2012A BD2012 500030-4251 Reserve Appropriation 500030 $ 10,000.00 4255.042 Wst,,tr 201 513nd 500030-4255 Reserve Appropriation 500030 $ 258,882.98 4561-022 Gas 2015 Bnd 500030-4561 Reserve Appropriation 500030 $ 36,789.43 Total Transfer To: $ 651,709.03 Japan Shah 6/9/2020 Prepared by: Date Department Head: Date: OMB Use Only Entered By: Date: Please make sure all other departments are copied on transfers and any attached documentation as may be necessary. Index: Account Category: Design(Outside Consultants) 60950 Testing 50920 Inspection 50925 Construction 50910 Professional Services 30000 Miscellaneous Charges(print,ads,etc) 53050 Engineering Allocation 48130 Administrative Svcs Charges 48520 Contingency(incidental Expense) 50970 Land-Capital Outlay 50005 Buildings-Capital Outlay 50006 O O O Li) N O 1- O O 00 O O O 00 O O O O O O O O O M M 0000000 � O �!' � 000O) 000000000 'CY O -O O M O f O O O O M O O O N O 0 0 0 0 0 0 0 0 0 to 43) I- N 00 O Cl) 00 N O 00 00 O N f- M "t (D T � 0 00 1- ti O � M Ln P- CA Ln O 00 (O V-r E M N N M tto 7 U C N C N OI OI OI OI OI OI OI al al al al al OI OI OI OI OI OI OI OI OI OI OI al O 0a0a0000000000000ao00o00 0 000000000000000000000000 0 U C co L E U C w N OI OI OI OI OI OI OI OI OI OI OI OI OI OI OI OI OI OI OI OI OI OI OI OI O 0a00o00000ooaa000oo00000 0 000000000000000000000000 0 U >, o � � 0 N = cu (D c � mr iz�- s X w ~ OY! 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Xm u a0 w OQQ o0000000000 (a u> } ry 0 0 0 0 0 0 0 0 0 0 0 00 00 � O o0000000000o c rn o to 75 3 U) cn cn c c O Q.9 rn o 2) 0 U N Q U L a U p O U ,� N U � U_ a) U co (D U in �'i U _ p N '� ,U O . n. U N C c6 — p N L •� N > N (� 0 .. O N N N CL� o (n N U 7 00 c -a n c5' U •g o a O m N *r_O • L i U U (�6 .N a- N 0) O a) cn N O (� C_ n u o a) n c c '� E � = n 3 � N — U L O L L c — O N Oi Q a_ - d a a w Q a_ U � O m ao � Z � Q o N w 0) F- a) Q Uop000000000 Q O z o � O N M N 0 0 — N LO Q N U 00 LOLO � LOWMMM Z U O O O O O 00 CO 0 0 0 0 O W w Q M co M M M I' V L O L O L O L O Co CITY OF CORPUS CHRISTI CAPITAL TRANSFER OF FUNDS/ NEW CIP BUDGET Project: E13088-E13089-Gollihar,Weber to Carroll Lane/Gollihar,Carroll Lane to Kostoryz Reason for Transfer: Preparing project close out change order-Transferring fundsto Reserve Appropriation k(C STANDARD/DETAIL BUDGET Accounting Unit (Fund-Org-ME) FUND ACTIVITY ACCOUNT CATEGORY Account Amount 3498-043 SW 2013 BD 2012 E13088-01-3498-EXP Budget BUD $ (52,691.00) 3551-051 ST2015 GO BD14 E13088-01-3551-EXP Budget BUD $ (31,428.67) 4248-042 WW 2012A RVBD E13088-01-4248-EXP Budget BUD I $ (36,866.00) 4479-041 Water201 OBTax E13088-01-4479-EXP Budget BUD $ (93,219.09) 3494-043 SW2012A RVBD E13089-01-3494-EXP Budget BUD $ (51,766.12) 3551-051 ST2015 GO BD14 E13089-01-3551-EXP Budget BUD $ (78,262.86) 4252-042 WW 2013 RVBD E13089-01-4252-EXP Budget BUD $ (56,045.31) Total Transfer From:, $ (400,179.05) COMPLETE THIS SECTION FIRST Accounting Unit (Fund-Org-ME) FUND ACTIVITY ACCOUNT CATEGORY Account Amount 3498-043 SW 2013 BD 2012 500030-3498 Reserve Appropriation 500030 $ 52,591.00 3551-051 ST2015 GO BD14 500030-3551 Reserve Appropriation 500030 $ 31,428.67 4248-042 WW 2012A RVBD 500030-4248 Reserve Appropriation 500030 $ 36,866.00 4479-041 Water20110BTax 500030-4479 Reserve Appropriation 500030 $ 93,219.09 3494-043 SW2012A RVBD 500030-3494 Reserve Appropriation 500030 $ 51,766.12 3551-051 ST2015 GO BD14 500030-3551 Reserve Appropriation 500030 $ 78,262.86 4262-042 WW 2013 RVBD 500030-4252 Reserve Appropriation 500030 $ 56,045.31 1 Total Transfer To:, $ 400,179.05 Japan Shah 6/9/2020 Prepared by: Date: � 4LV Department Head: Date: OMB Use Only Entered By: Date: Please make sure all other departments are copied on transfers and any attached documentation as may be necessary. Index: Account Category: Design(Outside Consultants) 50950 Testing 50920 Inspection 60925 Construction 50910 Professional Services 30000 Miscellaneous Charges(print,ads,etc) 53060 Engineering Allocation 48130 Administrative Svcs Charges 48520 Contingency(Incidental Expense) 50970 Land-Capital Outlay 50005 ,Buildings-Capital Outlay 50006 O .PA .A .A P A ? -fP -[i4 G- ww W W CncnC-pm ? NNOOOCncn W 07 _r�- - �I UI .P CO (D (D mm (D (D D " — oO (D -r 0WM --4 000 � (0 N C O Z N v N v v N N N PO(D (D NJ - (D" (D (D OONONO W O N ONNN (n � � —� Cn � . 6 O" v N O (DO— O W N W co03 v o � DcocnN) 0ZCOD m o m CD m " < � n � p w No W CD G) < < x U' � 0 O � � N o m Q O t?f CF) MWv (Q 0 O co -P, WC3iOo 0OW4M00 (CD 00 D00 - "90 (1) cnw " �, coo0ocn m A -0. O — O -P, N4�, (A W M Cn CD n = 0 t0 �ICO �I (ACOWOo (A � CONNW � m _ (O Cn —lO �1N CnCOwm W W m _I N Cn -I 4h. 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(nw0) CD — cow .t�, w � Q- N O -I (n0 (n W �AOcnCnCn CO co CnwO co 4N, " 00w0 CITY OF CORPUS CHRISTI CAPITAL TRANSFER OF FUNDS/NEW CIP BUDGET Project: Ell 012 Elevated Water Storage Tanks Citywide ARC Implementation GIS Reason for Transfer: Preparing project close out change order STANDARD/DETAIL BUDGET Accounting Unit (Fund-Org-ME) FUND ACTIVITY ACCOUNT CATEGORY Account Amount 4080-041 Water CIP E11012-01-4080-EXP BUD BUD $ (3,927.95) 4093-062 Water 2013 RV13D, E11012-01-4093-EXP BUD BUD $ (92,000.00) 4098-062 Water 2019 CIP E11012-01-4098-EXP BUD BUD $ (170,469.42) Total Transfer From: $ (266,397.37) COMPLETE THIS SECTION FIRST Accounting Unit (Fund-Org-ME) FUND ACTIVITY ACCOUNT CATEGORY Account Amount 4080-041 Water CIP 500030-4080 Reserve appropriation 500030 $ 3,927.95 4093-062 Water 2013 RV13D 500030-4093 Reserve appropriation 500030 $ 92,000.00 4098-062 Water 2019 CIP 500030-4098 Reserve appropriation 500030 $ 170,469.42 Total Transfer To: 266,397.37 Japan Shah 4/27/2020 Prepared by: Date: Department Head: Date: OMB Use Only Entered By: Date: Please make sure all other departments are copied on transfers and any attached documentation as may be necessary. Index: Account Category: Design(Outside Consultants) 60950 Testing 50920 Inspection 50925 Construction 50910 Professional Services 30000 Miscellaneous Charges(print,ads,etc) 53050 Engineering Allocation 48130 Administrative Svcs Charges 48520 Contingency(incidental Expense) 50970 Land-Capital Outlay 50005 ,Buildings-Capital Outlay 50006 --I � •r, •r, •r, •� -r� 4, •r, 0 P' 0 0 0 0 0 0 0 c m CD CD CD CD m m — :3 D Ooornw C000 r N -n V C N Z O C o v v v v v v v v v N N C7 N N N O O C7 -n N O O CD NJ N T Z N CO Cn W W D Q, p CCD C) C) < �J �7 O I < W G G W W O 0• 00 0 O L. m 0 m O 3 W N -n t0 N Cn Q 0 CTl CDv0 W NOS (0m N � � O V NN � CD (�D CD L OD O V NO (D O _ O VOOONNmCDCD m 0 N Cn CA) OOVOOO CD mCnOCnO V 00 C N N W P O N N 0 0 G O m ,O-r Q 'O -n (CDCDfn Q o cinaom - �v (G N Cn 5• � m � -4C o o � No W � -I cn MZ00 CO C0 C -1 ODVO — VNOCD n C) V ONNCn V CD :3 7C N u, 01 � orn -4ON (0 m a cn m D � 00 — m C) Ln wNONN Cn0 (n ,y <D `< 3 m X CD Q (D CD W Cl) CD Q O p(Dj N 00 DD cn O A Cn ,< 'C t0 O C P. IO (wJ7lO O lO lO lO l0 CD N O V 0 0 0 0 0 0 D O v O V 000000 O 7 m Q 7 Fn c 3 cr v (D o to to to to to to to to O 0 0 0 0 0 0 0 0 O O O O O O O O O c (D n c � O N co 6 (D CD CDp O O O O v 0 D W O � O O O O C D O 4 O N O O 0 O Cn 0 0 Ga rNCOOP4R 1 0 1852 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of July 14, 2020 Second Reading Ordinance for the City Council Meeting of July 21, 2020 DATE: June 30, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Business Analysis HeatherH3@cctexas.com (361) 826-3227 Ordinance Appropriating Coronavirus Relief Funds CAPTION: Ordinance accepting and appropriating $3,592,094.00 in the City of Corpus Christi's Emergency Management Grants Fund as a partial disbursement from the Coronavirus Relief Fund, established by the CARES Act and provided through the Texas Department of Emergency Management, for prevention, preparation for, and response to the COVID-19 pandemic SUMMARY: The City of Corpus Christi received a 20% allocation from the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act") for Coronavirus Relief Funds (CRF). This agenda item is needed to appropriate the funds so that they can be expended. The remaining 80% (or $14,368,376) will be received on a reimbursement basis and an additional appropriation will be brought to City Council for approval once a spending plan is formalized. BACKGROUND AND FINDINGS: The CARES Act established the Coronavirus Relief Fund (CRF) and appropriated $150 billion to this Fund. Under the CARES Act, the CRF is to be used to make payments for specific uses to states and certain local governments. The CARES Act provides that payments from the Fund may only be used to cover costs that: 1. are necessary expenditures incurred due to the public health emergency with respect to the Coronavirus Disease 2019 (COVID-19); 2. were not accounted for in the budget most recently approved as of March 27, 2020 (the date of enactment of the CARES Act) for the State or government); and 3. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. Expenses that qualify under these criteria are then categorized into six expense categories: 1. Medical Expenses 2. Public Health Expenses 3. Payroll Expenses for employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency 4. Expenses of action to facilitate compliance with COVID-19 related public health measures 5. Expenses associated to the provision of economic support in connection with the COVID-19 public health emergency 6. Any other COVID-19 related expenses reasonably necessary to the function of the government that satisfy the Fund's eligibility criteria The State of Texas included regulations requiring that up to 100% of the funding can be used for categories 1-3 but only up to 25% can be used for categories 4-6. Cities with a population of less than 500,000 located in a county with a population of less than 500,000 were allocated funds for CRF from the CARES Act based on a per capita basis at $55 per person. This equates to a total distribution of up to $17,960,470 for Corpus Christi (326,554 population x $55 per person). County allocations were calculated based on the population in the unincorporated areas of the county. Nueces County has been allocated up to $830,665 (15,103 x $55 per person). The federal guidance encourages cities and counties to work together to address expenses that cross jurisdictional lines. City staff applied for the initial 20% allocation from the Texas Department of Emergency Management (TDEM) in late May and received the funds in June. Staff is currently working with the Health District and other City departments to identify allowable expenses that have been incurred to date and to develop a plan of action to utilize the available funds. City staff will work with Nueces County to identify potential opportunities to reimburse Nueces County for their allowable COVID-19 related costs, in excess of their $830,665 federal allocation. ALTERNATIVES: An alternative would be to not take advantage of the federal funding provided. FISCAL IMPACT: The City will reimburse existing COVID-19 related expenditures with these funds and will create an action plan to ensure all funds are utilized appropriately. The entire appropriation for the City of Corpus Christi of $17,960,470 will be recorded in a grant fund (Fund 1063 Emergency Management Grant Fund) and managed accordingly to comply with all federal requirements. FUNDING DETAIL: Fund: 1063 Emergency Management Grant Fund Organization/Activity: 690001 F CARES Act CRF Grant Mission Element: n/a Project # (CIP Only): n/a Cost: $3,592,094 RECOMMENDATION: Staff recommends approval of the ordinance to accept and appropriate $3,592,094 of Coronavirus Relief Funds in the City's grant fund. LIST OF SUPPORTING DOCUMENTS: Ordinance Coronavirus Relief Fund - Terms and Conditions Ordinance accepting and appropriating $3,592,094.00 in the City of Corpus Christi's Emergency Management Grants Fund as a partial disbursement from the Coronavirus Relief Fund, established by the CARES Act and provided through the Texas Department of Emergency Management, for prevention, preparation for, and response to the COVID-19 pandemic. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: A partial grant disbursement in the amount of$3,592,094.00 from the Coronavirus Relief Fund, established by the CARES Act and provided through the Texas Department of Emergency Management, is accepted and appropriated in the No. 1063 Emergency Management Grants Fund for expenditures related to prevention, preparation for, and response to the COVID-19 pandemic. 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 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: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor CORONAVIRUS RELIEF FUND (CRF) TERMS AND CONDITIONS TEXAS Divi iO l OF EMERGENCY MANAGEMENT MAY 11, 2020 1 1 23 About This Document In this document, grantees will find the terms and conditions applicable to payments distributed in the form of grants to local units of governments from the Coronavirus Relief Fund established within section 601 of the Social Security Act, as added by section 5001 of the Coronavirus Aid, Relief, and Economic Security Act ("CARES Act"). These requirements are in addition to those that can be found within the Grant Management System (GMS),to which grantees agreed to when accepting the grant. Other state and federal requirements and conditions may apply to your grant, 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; 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 any applicable documents referenced in the documents listed above. To the extent the terms and conditions of this grant agreement do not address a particular circumstance or are otherwise unclear or ambiguous,such terms and conditions are to be construed consistent with the general objectives,expectations and purposes of this grant agreement and in all cases, according to its fair meaning. The parties acknowledge that each party and its counsel have reviewed this grant agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this grant agreement. Any vague, ambiguous or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the grant agreement. 2 1 23 Table ofContents AboutThis Document...............................................................................................................................2 1 Grant Agreement Requirements and Conditions......................................................................................5 1.1 Applicability of Grant Agreement and Provisions.........................................................................5 1.2 Legal Authority to Apply...............................................................................................................5 1.3 Grant Acceptance..........................................................................................................................5 1.4 Project Period................................................................................................................................5 1.5 General Responsibility..................................................................................................................5 1.6 Amendments and Changes to the Grant Agreement...................................................................6 1.7 Jurisdictional Cooperation ............................................................................................................7 1.8 Public Information and Meetings .................................................................................................7 1.9 Remedies for Non-Compliance.....................................................................................................7 1.10 False Statements by Grantee........................................................................................................8 1.11 Conflict of Interest Safeguards......................................................................................................8 1.12 Fraud,Waste, and Abuse..............................................................................................................8 1.13 Termination of the Agreement.....................................................................................................9 1.14 Limitation of Liability.....................................................................................................................9 1.15 Dispute Resolution......................................................................................................................10 1.16 Liability for Taxes ........................................................................................................................10 1.17 Required State Assurances .........................................................................................................10 1.18 System for Award Management (SAM) Requirements...............................................................10 1.19 No Obligation by Federal Government.......................................................................................11 1.20 Notice..........................................................................................................................................11 1.21 Force Majeure.............................................................................................................................11 1.22 Debt to State...............................................................................................................................11 1.23 Franchise Tax Certification..........................................................................................................11 1.24 Severability..................................................................................................................................12 1.25 E-Verify........................................................................................................................................12 1.26 Compliance with Federal Law, Regulations, and Executive Orders............................................12 1.27 Clean Air Act................................................................................................................................12 1.28 Federal Water Pollution Control Act...........................................................................................12 1.29 Suspension and Debarment........................................................................................................12 1.30 Energy Conservation...................................................................................................................13 1.31 Procurement of Recovered Materials.........................................................................................13 1.32 Terminated Contracts.................................................................................................................13 2 Property and Procurement Requirements ..............................................................................................13 2.1 Property Management and Inventory........................................................................................13 2.2 Consulting Contracts...................................................................................................................14 2.3 Procurement Practices and Policies............................................................................................14 2.4 Contract Provisions Under Federal Awards................................................................................14 3 Audit and Records Requirements............................................................................................................14 3.1 Cooperation with Monitoring,Audits, and Records Requirements ...........................................14 3.2 Single Audit Requirements..........................................................................................................15 3.3 Requirement to Address Audit Findings.....................................................................................15 3 1 23 3.4 Records Retention.......................................................................................................................15 4 Prohibited and Regulated Activities and Expenditures ...........................................................................16 4.1 Prohibited Costs..........................................................................................................................16 4.2 Political Activities........................................................................................................................16 5 Financial Requirements............................................................................................................................17 5.1 Direct Deposit.............................................................................................................................17 5.2 Payments and Required Documentation....................................................................................17 5.3 Financial Reporting.....................................................................................................................17 5.4 Reimbursements.........................................................................................................................18 5.5 Refunds and Deductions.............................................................................................................18 5.6 Recapture of Funds.....................................................................................................................18 5.7 Liquidation Period.......................................................................................................................18 5.8 Project Close Out ........................................................................................................................18 EXHIBIT A-State of Texas Assurances.............................................................................................................19 EXHIBIT B—CARES ACT CORONAVIRUS RELIEF FUND ELIGIBILITY CERTIFICATION.........................................21 EXHIBIT C-CERTIFICATION REGARDING LOBBYING........................................................................................22 4123 1 Grant Agreement Requirements and Conditions 1.1 Applicability of Grant Agreement and Provisions The Grant Agreement is subject to the additional terms,conditions,and requirements of other laws, rules, regulations and plans recited herein and is intended to be the full and complete expression of and constitutes the entire agreement between the parties hereto with respect tothe subject matter hereof and all prior and contemporaneous understandings, agreements, promises, representations, terms and conditions, both oral and written, are superseded and replaced by this Grant Agreement. Notwithstanding any expiration or termination of this Grant Agreement, the rights and obligations pertaining to the grant dose'out, cooperation and provision of additional information, return of grant funds, audit rights, records retention, public information, and any other provision implying survivability shall remain in effect after the expiration or termination of this GrantAgreement. 12 Legal Authority tVApply The grantee certifies that it possesses legal authority to apply for the grant.A resolution, motion or similar action has been or will be duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative, or their designee of the organization to act in connection with the application and to provide such additional information as may be required. 2.3 Grant Acceptance The Notice of Subrecipient Grant Award remains an offer until the fully executed copy of this Grant Agreement is received by the Texas Division of Emergency Management(TDEM). 2.4 Project Period Funding has been authorized for eligible expenditures incurred between March 1,2020 and December 30, 2020. The specific performance period for this grant is listed on the Notice of Subrecipient Grant Award. All expenditures must be incurred,and all services must be received within the performance period.TDEM will not be obligated to reimburse expenses incurred after the performance period. Acost is incurred when the responsible unit of government has expended funds to cover the cost. 1.5 General Responsibility Per the CARES Act, CRF grant funds may only be used to cover expenses that— 1. are necessary expenditures incurred due to the public health emergency with respect to the Cnrunavirus Disease 2019 /CUV|D'19\ Z. were not accounted for in the budget most recently approved as of March 27, 2020 for the state or government; and 3. were incurred during the period that begins on March 1, 2020 and ends on December 30, 2020. The US Department of Treasury(Treasury) provided additional guidance on the permissible use of grant funds, including nonexclusive examples of eligible expenses in the following categories: 1. Medical expenses, 2. Public health expenses, po0 � 5 | 23 3. Payroll expenses for public safety, public health, health care, human services, and similar employees whose services are substantially dedicated to mitigating or responding to the COVID-19 public health emergency, 4. Expenses of actions to facilitate compliance with COVID-19-related public health measures, 5. Expenses associated with the provision of economic support in connection with the COVID- 19 public health emergency, and 6. Any other COVID-19-related expenses reasonably necessary to the function of government that satisfy the Fund's eligibility criteria. Further explanation of these categories and examples can be found at the following link: : , ar�n tlu ucuuurw� �tl: u fully a.ua �auuu�s Illlu II u.uuIu.uuua�u " tl: uo�tl�uo11 0_�� II /� .............................. .. ....... ... ................/........._/ ....../.._ ......... ......... ........_ .................................................._ ......... ......... .......... � tl s in urns^ qua G u.si cry ^rnn �ulla^» i tlQ gg� ,oi�navv uus R6I fl u un u u in:� �ull<a a a>u4u u b s V 11............................... ..m�... / Y................�.......... l ...... ....................... ................. .................. ........ The subrecipient agrees that a minimum of 75% of its allotment will be spent in the categories of medical expenses, public health expenses and payroll expenses for employees substantially dedicated to mitigating or responding to the public emergency.The remainder of the allotment may be spent in any of the categories provided within the Treasury guidance. The grantee certifies compliance with these eligible expenses by executing the CARES Act Coronavirus Relief Fund Eligibility Certification Form in Exhibit E, which is attached hereto and incorporated for all purposes. The grantee is responsible for the integrity of the fiscal and programmatic management of the grant project; accountability for all funds awarded; and compliance with TDEM administrative rules, policies and procedures, and applicable federal and state laws and regulations. The grantee will maintain an appropriate grant administration system to ensure that all terms, conditions and specifications of the grant are met. 1.6 Amendments and Changes to the Grant Agreement TDEM and the grantee may agree to make adjustments to the grant. Adjustments include, but are not limited to, modifying the scope of the grant project, adding funds to previously un-awarded cost items or categories changing funds in any awarded cost items or category, deobligating awarded funds or changing grant officials. The grantee has no right or entitlement to reimbursement with grant funds. TDEM and grantee agree that any act, action or representation by either Party,their agents or employees that purports to waive or alter the terms of the Grant Agreement or increase the maximum liability of TDEM is void unless a written amendment to this Grant Agreement is first executed and documented in GMS. The grantee agrees that nothing in this Grant Agreement will be interpreted to create an obligation or liability of TDEM in excess of the "Maximum Liability of the TDEM" as set forth in the Notice of Subrecipient Grant Award. Any alterations, additions, or deletions to the terms of this Grant Agreement must be documented in GMS to be binding upon the Parties. Notwithstanding this requirement, it is understood and agreed by Parties hereto,that changes in local,state and federal rules,regulations or laws applicable hereto,may occur during the term of this Grant Agreement and that any such changes shall be automatically incorporated into this Grant Agreement without written amendment hereto, and shall become a part hereof as of the effective date of the rule, regulation or law. 1.7 Jurisdictional Cooperation A municipality may yield any portion of its allocated funds to the county within which it exists or a county may yield any portion of its allocated funds to a municipality within its footprint for eligible expenses.This may be accomplished in one of the following ways: 1. By a grant amendment,as described in section 1.6,where by funds are deobligated from the original subrecipient and then added to previously un-awarded costs items or categories of the receiving jurisdiction's grant award. 2. A subrecipient may use funds pursuant to this agreement to subcontract with another political subdivision within its jurisdiction for eligible and necessary expenditures incurred due to the public health emergency. The subrecipient is responsible for ensuring subcontractor eligibility and maintaining all required documentation. 1.8 Public Information and Meetings Notwithstanding any provisions of this Grant Agreement to the contrary, the grantee acknowledges that the State of Texas,TDEM,and this Grant Agreement are subject to the Texas Public Information Act,Texas Government Code Chapter 552 (the "PIA"). The grantee acknowledges that TDEM will comply with the PIA, as interpreted by judicial opinions and opinions of the Attorney General of the State ofTexas. The grantee acknowledges that information created or exchanged in connection with this Grant Agreement, including all reimbursement documentation submitted to TDEM, is subject to the PIA, whether created or produced by the grantee or any third party, and the grantee agrees that information not otherwise excepted from disclosure under the PIA, will be available in a format that is accessible by the public at no additional charge to TDEM or State of Texas.The grantee will cooperate with TDEM in the production of documents or information responsive to a request for information. 1.9 Remedies for Nora-Compliance If TDEM determines that the grantee materially fails to comply with any term of this grant agreement, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or any other applicable requirement, TDEM, in its sole discretion may take actions including: 1. Temporarily withholding cash payments pending correction of the deficiency or more severe enforcement action by TDEM; 2. Disallowing or denying use of funds for all or part of the cost of the activity or action not in compliance; 3. Disallowing claims for reimbursement; 4. Wholly or partially suspending or terminating thisgrant; 5. Requiring return or offset of previous reimbursements; 6. Prohibiting the grantee from applying for or receiving additional funds for other grant programs administered by TDEM until repayment to TDEM is made and any other compliance or audit finding is satisfactorily resolved; 7. Reducing the grant award maximum liability of TDEM; 8. Terminating this Grant Agreement; 9. Imposing a corrective action plan; 7 1 23 10. Withholding further awards;or 11. Taking other remedies or appropriate actions. The grantee costs resulting from obligations incurred during a suspension or after termination of this grant are not allowable unless TDEM expressly authorizes them in the notice of suspension or termination or subsequently. TDEM, at its sole discretion, may impose sanctions without first requiring a corrective action plan. 1.10 False Statements by Grantee By acceptance of this grant agreement,the grantee makes all the statements, representations,warranties, guarantees, certifications and affirmations included in this grant agreement. If applicable,the grantee will comply with the requirements of 31 USC§3729,which set forth that no grantee of federal payments shall submit a false claim for payment. If any of the statements, representations, certifications, affirmations, warranties, or guarantees are false or if the grantee signs or executes the grant agreement with a false statement or it is subsequently determined that the grantee has violated any of the statements, representations,warranties,guarantees, certifications or affirmations included in this grant agreement,then TDEM may consider this act a possible default under this grant agreement and may terminate or void this grant agreement for cause and pursue other remedies available to TDEM under this grant agreement and applicable law. False statements or claims made in connection with TDEM grants may result in fines, imprisonment, and debarment from participating in federal grants or contract, and/or other remedy available by law, potentially including the provisions of 38 USC §§ 3801-3812, which details the administrative remedies for false claims and statements made. 1.11 Conflict of Interest Safeguards The grantee will establish safeguards to prohibit its employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain, whether for themselves or others, particularly those with whom they have family, business, or other ties. The grantee will operate with complete independence and objectivity without actual, potential,or apparent conflict of interest with respect to its performance under this Grant Agreement. The grantee certifies as to its own organization,that to the best of their knowledge and belief, no member of The A&M System or The A&M System Board of Regents, nor any employee, or person,whose salary is payable in whole or in part by a member of The A&M System, has direct or indirect financial interest in the award of this Grant Agreement, or in the services to which this Grant Agreement relates, or in any of the profits, real or potential,thereof. 1.12 Fraud, Waste, and Abuse The grantee understands that TDEM does not tolerate any type of fraud, waste, or misuse of funds received from TDEM. TDEM's policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, TDEM policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. The grantee understands and agrees that misuse of award funds may result in a range of penalties, including suspension of current and future funds, suspension or debarment from federal and state grants, recoupment of monies provided under an award, and civil and/or criminal penalties. In the event grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds received from TDEM that is made against the grantee,the grantee is required to immediately notify TDEM of said allegation or finding and to continue to inform TDEM of the status of any such on-going investigations. The grantee must also promptly refer to TDEM any credible evidence that a principal, 8 1 23 employee, agent, grantee, contractor, subcontractor, or other person has -- (1) submitted a claim for award funds that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct involving award funds. Grantees must also immediately notify TDEM in writing of any misappropriation of funds, fraud, theft, embezzlement, forgery, or any other serious irregularities indicating noncompliance with grant requirements. Grantees must notify the local prosecutor's office of any possible criminal violations. Grantees must immediately notify TDEM in writing if a project or project personnel become involved in any litigation,whether civil or criminal,and the grantee must immediately forward a copy of any demand, notices, subpoenas, lawsuits, or indictments to TDEM. 1.13 Termination of the Agreement TDEM may, at its sole discretion, terminate this Grant Agreement, without recourse, liability or penalty against TDEM, upon written notice to grantee. In the event grantee fails to perform or comply with an obligation or a term, condition or provision of this Grant Agreement, TDEM may, upon written notice to grantee, terminate this agreement for cause, without further notice or opportunity to cure. Such notification of Termination for Cause will state the effective date of such termination, and if no effective date is specified,the effective date will be the date of the notification. TDEM and grantee may mutually agree to terminate this Grant Agreement.TDEM in its sole discretion will determine if, as part of the agreed termination, grantee is required to return any or all of the disbursed grant funds. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies provided in equity, by law, or under this Grant Agreement, including those remedies listed at 2 C.F.R. 200.207 and 2 C.F.R. 200.338 — 200.342. Following termination by TDEM, grantee shall continue to be obligated to TDEM for the return of grant funds in accordance with applicable provisions of this Grant Agreement. In the event of termination under this Section,TDEM's obligation to reimburse grantee is limited to allowable costs incurred and paid by the grantee prior to the effective date of termination, and any allowable costs determined by TDEM in its sole discretion to be reasonable and necessary to cost-effectively wind up the grant.Termination of this Grant Agreement for any reason or expiration of this Grant Agreement shall not release the Parties from any liability or obligation set forth in this Grant Agreement that is expressly stated to survive any such termination orexpiration. 1.14 Limitation of Liability TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND AGENCY,AND/OR THEIR OFFICERS,REGENTS,AGENTS,EMPLOYEES,REPRESENTATIVES, CONTRACTORS,ASSIGNEES,AND/OR DESIGNEES FROM ANY AND ALL LIABILITY,ACTIONS,CLAIMS,DEMANDS, OR SUITS,AND ALL RELATED COSTS,ATTORNEY FEES,AND EXPENSES ARISING OUT OF,OR RESULTING FROM ANY ACTS OR OMISSIONS OF RESPONDENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS,OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY RESPONDENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND RESPONDENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. RESPONDENT AND AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. The grantee agrees that no provision of this Grant Agreement is in any way intended to constitute a waiver by TDEM as an agency of the State of Texas, its officers, regents, employees, agents, or contractors or the State of Texas of any privileges, rights,defenses, remedies,or immunities from suit and liability that TDEM or the State of Texas may have by operation of law. 9 1 23 1.15 Dispute Resolution The Parties' representatives will meet as needed to implement the terms of this Grant Agreement and will make a good faith attempt to informally resolve any disputes. Notwithstanding any other provision of this Grant Agreement to the contrary, unless otherwise requested or approved in writing by TDEM, the grantee shall continue performance and shall not be excused from performance during the period any breach of Grant Agreement claim or dispute is pending. The dispute resolution process provided in Chapter 2260, Texas Government Code, and the related rules adopted by the Texas Attorney General pursuant to Chapter 2260, shall be used by TDEM and grantee to attempt to resolve any claim for breach of contract made by the grantee that cannot be resolved in the ordinary course of business. Grantee shall submit written notice of a claim of breach of contract under this Chapter to the Chief of TDEM, who shall examine the grantee's claim and any counterclaim and negotiate with grantee in an effort to resolve the claim. The laws of the State of Texas govern this Grant Agreement and all disputes arising out of or relating to this Grant Agreement, without regard to any otherwise applicable conflict of law rules or requirements. Venue for any grantee-initiated action, suit, litigation or other proceeding arising out of or in any way relating to this Grant Agreement shall be commenced exclusively in the Travis County District Court or the United States District Court, Southern District of Texas - Houston Division. Venue for any TDEM-initiated action, suit, litigation or other proceeding arising out of or in any way relating to this Grant Agreement may be commenced in a Texas state district court or a United States District Court selected by TDEM in its sole discretion. The grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts referenced above for the purpose of prosecuting and/or defending such litigation.The grantee hereby waives and agrees not to assert by way of motion, as a defense, or otherwise, in any suit, action or proceeding, any claim that the grantee is not personally subject to the jurisdiction of the above-named courts;the suit,action or proceeding is brought in an inconvenient forum; and/or the venue is improper. 1.16 Liobilityfor Taxes The grantee agrees and acknowledges that grantee is an independent contractor and shall be entirely responsible for the liability and payment of grantee's and grantee's employees' taxes of whatever kind, arising out of the performances in this Grant Agreement. The grantee agrees to comply with all state and federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers' compensation. TDEM and/or the State of Texas shall not be liable to the grantee, its employees, agents, or others for the payment of taxes or the provision of unemployment insurance and/or workers'compensation or any benefit available to a state employee or employee of TDEM. 1.17 Required State Assurances The grantee must comply with the applicable State Assurances included within the State Uniform Grant Management Standards (UGMS), Section III, Subpart B,_.14, which are attached hereto and incorporated for all purposes as Exhibit A. 1.18 System for Award Management(SAM)Requirements A. The grantee agrees to comply with applicable requirements regarding registration with the System for Award Management(SAM)(or with a successor government-wide system officially designated by OMB and, if applicable, the federal funding agency). These requirements include maintaining current registrations and the currency of the information in SAM. The grantee will review and update information at least annually until submission of the final financial report required under the award or 10 1 23 receipt of final payment, whichever is later,as required by 2 CFR Part 25. B. The grantee will comply with Executive Orders 12549 and 12689 that requires "a contract award (see 2 CFR 180.220) must not be made to parties listed on the government-wide exclusions in the System for Award Management (SAM)", in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority.The grantee certifies it will verify each vendor's status to ensure the vendor is not debarred, suspended, otherwise excluded or declared ineligible by checking the SAM before doing/renewing business with thatvendor. C. The grantee certifies that it and its principals are eligible to participate in this Grant Agreement and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity and the grantee is in compliance with the State of Texas statutes and rules relating to procurement and that the grantee is not listed in the federal government's terrorism watch list as described in Executive Order13224. 1.19 No Obligation by Federal Government The Parties acknowledge and agree that the federal government is not a party to this Grant Agreement and is not subject to any obligations or liabilities to either Party, third party or subcontractor pertaining to any matter resulting from this Grant Agreement. 1.20 Notice Notice may be given to the grantee via GMS, email, hand-delivery, or United States Mail. Notices to the grantee will be sent to the name and address supplied by grantee in GMS. 1.21 Force Majeure Neither the grantee nor TDEM shall be required to perform any obligation under this Grant Agreement or be liable or responsible for any loss or damage resulting from its failure to perform so long as performance is delayed by force majeure or acts of God, including but not limited to strikes, lockouts or labor shortages, embargo, riot, war, revolution, terrorism, rebellion, insurrection, pandemic, flood, natural disaster, or interruption of utilities from external causes. Each Party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right as a defense. 1.22 Debt to State The grantee certifies, to the extent grantee owes any debt (child support or other obligation) or delinquent taxes to the State of Texas, any payments grantee is owed under this Grant Agreement may be applied by the Comptroller of Public Accounts toward any such debt or delinquent taxes until such debt or delinquent taxes are paid in full. 1.23 Franchise Tax Certification If grantee is a taxable entity subject to the Texas Franchise Tax(Chapter 171,Texas Tax Code),then grantee certifies that it is not currently delinquent in the payment of any franchise (margin)taxes or that grantee is exempt from the payment of franchise (margin)taxes. 1 1 1 23 1.24 Severability If any provisions of this Grant Agreement are rendered or declared illegal for any reason, or shall be invalid or unenforceable, such provision shall be modified or deleted in such manner so as to afford the Party for whose benefit it was intended the fullest benefit commensurate with making this Grant Agreement, as modified, enforceable, and the remainder of this Grant Agreement and the application of such provision to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent permitted by applicable law. 1.25 F-Verify By entering into this Grant Agreement, grantee certifies and ensures that it utilizes and will continue to utilize, for the term of this Grant Agreement, the U.S. Department of Homeland Security's e-Verify system to determine the eligibility of (a) all persons employed during the contract term to perform duties within Texas; and (b) all persons (including subcontractors) assigned by the grantee pursuant to the Grant Agreement. 1.26 Compliance with Federal Low, Regulations, and Executive Orders Grantee acknowledges that federal financial assistance funds will be used to fund the Grant Agreement. Grantee will comply with all applicable federal law, regulations, executive orders, policies, procedures, and directives. 1.27 Clean Air Act The following is only applicable if the amount of the contract exceeds$150,000. a. Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended,42 U.S.C. § 7401 et seq. b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c. Grantee agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with federal assistance provided by this Grant Agreement. 1.28 Federal Water Pollution Central Act a. Grantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. b. Grantee agrees to report each violation to TDEM and understands and agrees that TDEM will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c. Grantee agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with federal assistance provided by this Grant Agreement. 1.29 Suspension and Debarment a. This Grant Agreement is a covered transaction for purposes of 2 C.F.R. pt 180 and 2 C.F.R. pt. 3000. Grantee certifies that grantee,grantee's principals(defined at 2C.F.R.Sec. 180.995), or its 12 1 23 affiliates (defined at 2 C.F.R. Sec. 180.905) are excluded (defined at 2 C.F.R. Sec. 180.940) or disqualified (defined at 2 C.F.R. Sec. 180.935). b. Grantee must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement comply with these regulations in any lower tier covered transaction it enters into. c. This certification is a material representation of fact relied upon by TDEM. If it is later determined that grantee did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, in addition to remedies available to TDEM,the Federal Government may pursue available remedies, including but limited to suspension and/or debarment. 1.30 Energy Conservation If applicable, grantee agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. 1.31 Procurement of Recovered Materials a. In the performance of this Grant Agreement, grantee shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired— (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. b. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, P19919M 1.32 Terminated Contracts The grantee has not had a contract terminated or been denied the renewal of any contract for noncompliance with policies or regulations of any state or federally funded program within the past five (5) years nor is it currently prohibited from contracting with a governmental agency. If the grantee does have such a terminated contract, the grantee shall identify the contract and provide an explanation for the termination.The grantee acknowledges that this Grant Agreement may be terminated and payment withheld or return of grant funds required if this certification is inaccurate or false. Property r r Requirements 2.1 Property Management and Inventory The grantee must ensure equipment purchased with grant funds is used for the purpose of the grant and as approved by TDEM.The grantee must develop and implement a control system to prevent loss,damage or theft of property and investigate and document any loss, damage or theft of property funded under this Grant. The grantee must account for any real and personal property acquired with grant funds or received from 13 1 23 the Federal Government in accordance with 2 CFR 200.310 Insurance coverage through 200.316 Property trust relationship and 200.329 Reporting on real property.This documentation must be maintained by the grantee, according to the requirements listed herein, and provided to TDEM upon request, if applicable. When original or replacement equipment acquired under this award by the grantee is no longer needed for the original project or program or for other activities currently or previously supported by the federal awarding agency or TDEM,the grantee must make proper disposition of the equipment pursuant to 2 CFR 200. The grantee will maintain specified equipment management and inventory procedures for equipment (including replacement equipment), whether acquired in whole or in part with grant funds, until disposition takes place,with a per-unit cost of$5,000 or greater.The equipment and inventory procedures include: A. The grantee must keep an inventory report on file containing equipment purchased with any grant funds during the grant period. The inventory report must agree with the approved grant budget and the final Financial Status Report and shall be available to TDEM at all times upon request. B. The grantee must maintain property/inventory records which, at minimum, include a description of the property,a serial number or other identification number,the source of property,who holds title,the acquisition date,the cost of the property,the percentage of Federal participation in the cost of the property,the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price ofthe property. C. The grantee shall permanently identify all such equipment by appropriate tags or labels affixed to the equipment Exceptions to this requirement are limited to items where placing of the marking is not possible due to the nature of the equipment. 2.2 Consulting Contracts Pre-approval of costs related to consulting contracts is required and the value of consulting contracts entered into by the grantee may not exceed 5%of the total funds received by the local unit of government. 2.3 Procurement Practices and Policies The grantee must follow applicable federal and state law,federal procurement standards specified in regulations governing federal awards to non-federal entities,their established policy, and best practices for procuring goods or services with grant funds. Procurement activities must follow the most restrictive of federal, state and local procurement regulations. Contracts must be routinely monitored for delivery of services or goods. 2.4 Contract Provisions Linder Federal Awards All contracts made by a grantee under a federal award must contain the provisions outlined in 2 CFR 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, Appendix II to Part 200 Contract Provisions for Non-Federal Entity Contracts Under Federal Awards. AuditrRequirements 3.1 Cooperation with Monitoring, Audits, and Records Requirements All records and expenditures are subject to, and grantee agrees to comply with, monitoring and/or audits conducted by the United States Department of Treasury's Inspector General (DOTIG),TDEM,and the State 14 1 23 Auditor's Office(SAO)or designee.The grantee shall maintain under GAAP or GASB,adequate records that enable DOTIG,TDEM, and SAO to ensure proper accounting for all costs and performances related to this GrantAgreement. 3.2 Single Audit Requirements Any grantee expending $750,000 or more in federal funds in a fiscal year may be subject to Single Audit Requirements in 2 CFR, Part 200, Subpart F —Audit Requirements, at The grantees expending more than $750,000 in state funds in a fiscal year are subject to the requirements in the Texas Single Audit Circular, at ht //�re�uipl a �� a �� II �u_0Ingu u / r /use uun IIa .The audit must be completed and the data collection and reporting package described in 2 CFR 200.512 must be submitted to the Federal Audit Clearinghouse (FAC) within 30 calendar days after receipt of the auditor's report(s), or nine months after the end of the audit period,whichever is earlier. 3.3 Requirement to Address Audit Findings If any audit, monitoring, investigations, review of awards, or other compliance review reveals any discrepancies, inadequacies, or deficiencies which are necessary to correct in order to maintain compliance with this Grant Agreement, applicable laws, regulations, or the grantee's obligations hereunder, the grantee agrees to propose and submit to TDEM a corrective action plan to correct such discrepancies or inadequacies within thirty (30) calendar days after the grantee's receipt of the findings. The grantee's corrective action plan is subject to the approval ofTDEM. The grantee understands and agrees that the grantee must make every effort to address and resolve all outstanding issues, findings, or actions identified by DOTIG, TDEM, or SAO through the corrective action plan or any other corrective plan. Failure to promptly and adequately address these findings may result in grant funds being withheld, other related requirements being imposed, or other sanctions and penalties. The grantee agrees to complete any corrective action approved by TDEM within the time period specified by TDEM and to the satisfaction of TDEM, at the sole cost of the grantee. The grantee shall provide to TDEM periodic status reports regarding the grantee's resolution of any audit, corrective action plan, or other compliance activity for which the grantee is responsible. 3.4 Records Retention A. The grantee shall maintain appropriate audit trails to provide accountability for all expenditures of grant funds, reporting measures, and funds received from TDEM under this Grant Agreement.Audit trails maintained by the grantee will,at a minimum, identify the supporting documentation prepared by the grantee to permit an audit of its accounting systems and payment verification with respect to the expenditure of any funds awarded under this Grant Agreement. B. The grantee must maintain fiscal records and supporting documentation for all expenditures resulting from this Grant Agreement pursuant to 2 CFR 200.333 and state law. 1. The grantee must retain these records and any supporting documentation for a minimum of seven (7) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. 2. Records related to real property and equipment acquired with grant funds shall be retained for seven (7) years after final disposition. 3. TDEM may direct a grantee to retain documents for longer periods of time or to transfer certain records to TDEM or federal custody when it is determined that the records possess long term 15 1 23 retention value. Prohibitedc ivi Expenditures 4.1 Prohibited Costs A. Funds may not be used to fill shortfalls in government revenue to cover expenditures that would not otherwise qualify under the statute. Revenue replacement is not a permissible use of these grant funds. In accordance with Section 3.1 all record and expenditures are subject to review. B. Damages covered by insurance. C. Payroll or benefits expenses for employees whose work duties are not substantially dedicated to mitigating or responding to the COVID-19 public health emergency. D. Duplication of benefits including expenses that have been or will be reimbursed under any other federal program. E. Reimbursement to donors for donated items or services. F. Workforce bonuses other than hazard pay or overtime. G. Severance pay. H. Legal settlements. 4.2 Political Activities Grant funds may not be used in connection with the following acts by agencies or individuals employed by grant funds: A. Unless specifically authorized to do so by federal law, grant recipients or their grantees or contractors are prohibited from using grant funds directly or indirectly for political purposes, including lobbying or advocating for legislative programs or changes; campaigning for, endorsing, contributing to, or otherwise supporting political candidates or parties; and voter registration or get-out-the-vote campaigns. Generally, organizations or entities which receive federal funds by way of grants, contracts, or cooperative agreements do not lose their rights as organizations to use their own, private, non-federal resources for "political" activities because of or as a consequence of receiving such federal funds.These recipient organizations must thus use private or other non-federal money, receipts, contributions, or dues for their political activities, and may not charge off to or be reimbursed from federal contracts or grants for the costs of such activities. B. Grant officials or grant funded employees may not use official authority or influence or permit the use of a program administered by the grantee agency of which the person is an officer or employee to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. C. Grant-funded employees may not coerce, attempt to coerce, command, restrict, attempt to restrict, or prevent the payment, loan, or contribution of anything of value to a person or political organization for a political purpose. D. Grant funds may not be used to employ, as a regular full-time or part-time or contract employee, a person who is required by Chapter 305 of the Government Code to register as a lobbyist. Furthermore, grant funds may not be used to pay, on behalf of the agency or an officer or employee of the agency, membership dues to an organization that pays part or all of the salary of 16 1 23 a person who is required by Chapter 305 of the Government Code to register as a lobbyist. E. As applicable, the grantee and each contracting tier will comply with 31 USC § 1352, which provides that none of the funds provided under an award may be expended by the grantee to pay any person to influence, or attempt to influence an officer or employee of any agency, a Member of Congress, an officer of employee of Congress, or an employee of a Member of Congress in connection with any Federal action concerning the award or renewal. Grantee shall file the required certification attached hereto and incorporated for all purposes as Exhibit F. Each contracting tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Financial 5.1 Direct Deposit A completed direct deposit form from the grantee must be provided to TDEM prior to receiving any payments. The direct deposit form is currently available at / punu 4m La>x . /. .. 5.2 Payments and Required Documentation Funding for this Grant Agreement is appropriated under the Coronavirus Aid, Relief,and Economic Security Act, 2020(Public Law 116-136) enacted on March 27, 2020, as amended,to facilitate protective measures for and recovery from the public health emergency in areas affected by COVID-19,which are Presidentially- declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.). All expenditures under this Grant Agreement must be made in accordance with this Grant Agreement and any other applicable laws, rules or regulations. Further,grantee acknowledges that all funds are subject to recapture and repayment for non-compliance pursuant to Section 5.7 below. Payment of funds on projects may be initiated by the grantee through a Request for Reimbursement (RFR) in GMS. Grantee may initiate an Advance of Funds Request(AFR)through GMS for an initial cash advance to cover actual costs incurred or up to 20%of their total allocation, whichever is larger. Additional advances or reimbursement requests may be requested following full reporting to TDEM of expenses incurred and applied against the initial and/or any subsequent advance payments. If sufficient progress is not made towards expenditure of advanced funds and/or the grantee fails to meet financial reporting obligations,TDEM may implement sanctions as necessary up to and including grant termination. All documentation for expenditures paid during the project period must be submitted to TDEM on or before the grant liquidation date. 5.3 Financial Reporting Financial reports must be submitted to TDEM on a quarterly basis via GMS but can be submitted more often as necessary to draw down funds. The final financial report must be submitted to TDEM on or before the grant liquidation date or the grant funds may lapse and TDEM will provide them as grants to other eligible jurisdictions. 17 1 23 5.4 Reimbursements TDEM will be obligated to reimburse the grantee for the expenditure of actual and allowable allocable costs incurred and paid by the grantee pursuant to this Grant Agreement. TDEM is not obligated to pay unauthorized costs or to reimburse expenses that were incurred by the grantee prior to the commencement or after the termination of this Grant Agreement. 5.5 Refunds and Deductions If TDEM determines that the grantee has been overpaid any grant funds under this Grant Agreement, including payments made inadvertently or payments made but later determined to not be actual and allowable allocable costs, the grantee shall return to TDEM the amount identified by TDEM as an overpayment. The grantee shall refund any overpayment to TDEM within thirty (30) calendar days of the receipt of the notice of the overpayment from TDEM unless an alternate payment plan is specified by TDEM. Refunds may be remitted to: Texas Division of Emergency Management, P.O. Box 15467, Austin, Texas 78761. 5.6 Recapture of Funds The discretionary right of TDEM to terminate for convenience under Section 1.13 notwithstanding, TDEM shall have the right to terminate the Grant Agreement and to recapture, and be reimbursed for any payments made by TDEM: (i) that are not allowed under applicable laws, rules, and regulations; or(ii) that are otherwise inconsistent with this Grant Agreement, including any unapproved expenditures. 5.7 Liquidation Period Grant funds will liquidate 90 calendar days following the project period end date or on December 30,2020, whichever is earlier. Funds not obligated by the end of the grant period and not expended by the liquidation date will revert to TDEM. 5.8 Project Close Out TDEM will close-out the grant award when it determines that all applicable administrative actions and all required work of the grant have been completed by the grantee. The grantee must submit all financial, performance, and other reports as required by the terms and conditions of the grant award. The grantee must promptly refund any balances of unobligated cash that TDEM paid in advance or paid and that are not authorized to be retained by the grantee for use in other projects. [EXHIBITS AND SIGNATURE PAGE FOLLOWS] 18 1 23 s c° "c°WP°RA`° AGENDA MEMORANDUM 1852. Action Item for the City Council Meeting July 28, 2020 DATE: July 21, 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 Parts for Komatsu, Gradall and Takeuchi Equipment CAPTION: Resolution authorizing a three-year supply agreement with Waukesha-Pearce Industries, LLC in an amount not to exceed $942,300.00 for the purchase of Komatsu, Gradall and Takeuchi equipment parts for Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in an amount of $78,500.00 available in the Fleet Maintenance Service Fund. SUMMARY: This Resolution authorizes a three-year supply agreement with Waukesha-Pearce Industries, LLC to provide Komatsu, Gradall and Takeuchi equipment parts stocked by the Asset Management Department for repairs of heavy equipment by Fleet Maintenance Department. BACKGROUND AND FINDINGS: The Asset Management Department utilizes Komatsu, Gradall and Takeuchi equipment parts for the repair and maintenance of associated equipment. Use of these parts is essential to effect necessary and timely repairs. Asset Management performs the majority of vehicle and equipment repairs in-house. Acquisition of these parts is essential to ensure the execution of a successful and timely maintenance effort of this equipment. Furthermore, a ready supply of these parts will ensure a continued high operational readiness of heavy equipment such as garbage trucks. This is a sole source purchase as these parts are unique to Komatsu, Gradall and Takeuchi heavy equipment. Waukesha-Pearce Industries, LLC is the fully authorized dealer for these parts. Individual parts have been purchased before from Waukesha Pearce. This supply agreement will save us money. We expect a 10% cost savings from the Waukesha Pearce list price. This is the first time the City is entering into a supply agreement for these parts. ALTERNATIVES: An alternative would be not to secure a long-term supply agreement. However, the Asset Management Department would have to purchase on individual purchase orders the construction equipment parts on an as needed basis, which would not be as productive. In addition, a long-term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2020 is estimated at $78,500.00 for this three-year supply agreement. The remaining amount of $863,800.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maint Svc Organization/Activity: 40180 Parts Room Operation Mission Element: 202 Maintain the Fleet 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 Waukesha-Pearce Industries, LLC for the purchase of Komatsu, Gradall and Takeuchi heavy equipment parts as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Supply Agreement Resolution authorizing a three-year supply agreement with Waukesha- Pearce Industries, LLC in an amount not to exceed $942,300.00 for the purchase of Komatsu, Gradall and Takeuchi equipment parts for Asset Management, effective upon issuance of notice to proceed, with FY 2020 funding in an estimated amount of $78,500.00 available in the Fleet Maintenance Service Fund. WHEREAS, the Parts for Komatsu, Gradall and Takeuchi equipment will be purchased for use by Asset Management personnel; WHEREAS, this item is for Komatsu, Gradall and Takeuchi equipment parts used by Asset Management personnel to repair City vehicles and equipment; 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 supply agreement with Waukesha-Pearce Industries, LLC for the purchase of Parts for Komatsu, Gradually and Takeuchi equipment, for a total amount not to exceed $942,300.00. Page 1 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 Page 2 of 2 City of Corpus Christi Price Sheet Sr. Buyer: Cynthia Perez Parts for Komatsu, Gradall and Takeuchi Equipment Waukesha-Pearce Houston, Texas Item Description Qty Unit Total Cost 1 Komatsu, Gradall and Takeuchi 3 Year $852,300.00 Equipment Parts — 2 Freight 3 Year $90,000.00 Total 3 Year $942,300.00 SUPPLY E T NO. 3014 1 7, Parts for Komatsu, Gradall and Takeuchi Equipment 'CVRwu6arry".' THIS Parts for Komatus, Gradall and Takeuchi Equipment Supply r e rat ("Agreement") is entered into key and Between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Waukesha-Pearce Industries, LL f"Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager").. WHEREAS, Contractor has Laid to provide Parts for Komatsu, Gradall and Takeuchi Equipment in response to Request for Bid No, a 1 (`°RF "), which RFB includes the required scope of work and all specifications and which RFE and the Contractor's Laid response are incorporated by reference in this agreement as Exhibits i 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 Parts for Komatsu, Gradall and Takeuchi Equipment in accordance with the attached Scope of 'work, as shown in Attachment aF the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and `dsupplies", 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 Oity's extension authorization must be executed by the City Manager or designee. S. Compensation andPayment. This agreement is for an amount not to exceed 94 , 00.0 , 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 Oity'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 Farm Page 1 at ,Approved as to Legal Form Morch 9, 2020 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: Benjamin Sanchez Department: Fleet Maintenance Phone: (361) 826-1959 Email: BenjaminS@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COl"), 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 repiaced 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 2 of 7 Approved as to Legal Form March 9, 2020 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 Agreeirn!lent and is incorporated by reference into this, Agreement as if fully set out here in its entirety. 9. Quallity/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-Appropriaflon. 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 some extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 .............................. --------- ...... .......... .............. 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. Taixes. 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: Benjamin Sanchez Title: Assistant Parts Foreman Address: 5352 Ayers St., Building 3-B, Corpus Christi, Texas 78415 Phone: (361) 826-1959 Fax* (361) 826-8255 IF TO CONTRACTOR: Waukesha-Pearce Industries, LLC Attn: Byron Blair Title- Director of Parts Address, 12320 South Main Street, Houston, Texas 77035 Phone- (713) 551-0737 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form ✓arch 9, 2020 WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTORT EMPLOYEEST . CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATELL CLAIMS DISPOSITION,OR OTHER LL ACTIONS COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY L CHARGES OF ATTORNEYS AND L OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTINGI LIABILITY, LOSS, CLAIMS, OBLIGATIONS 1 TSURVIVE THE EXPIRATION 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 cured If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. ( ) 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. 9. is Manual and Preventative inter . 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. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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 CityManager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 22. Sever ability. 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:. 23. 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 I ),- then, D. the Contractor's bid response (Exhibit 2). 24. 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. 25. 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. 26. 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, 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. (SIGNATURE PAGE FOLLOWS) Supply Agreement standard Form Page 6 of 7 Approved as to Legal Form! March 9, 2020 CONTRACTOR Printed Name: 11-DTittle: s Date: 40 r f CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement Cate: Attached n Incorporated by Ret r rice: Attachment A: Scope of '+,dark Attachment : Bid/Pricing Schedule ;attachment : Insurance Requirements Attachment D: Warranty Requirements Incorporated frncOnly: Exhibit 1: RFB No. SS-3014 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 sATTACHMENT A: SCOPE General g h e ; r Info° The City's Fleet Iran ag rru r°rt Department uses and stocks s parts for Komatsu, r as call and Takeuchi hi equipment ent for in-house nep airs. . Scop4Lqf W_qLk The Contractor r shall provide Komatsu, Gradall and Taa euwachi equipment parts on an as needed basis. Parls r-n ay inc�ude such as but not limited to,- filters, breaks and engine parts and other misceH ar eous parts for this r=.ac a.a prnent. .. Contr act r g if Control ra oerintendence H parts for Komatsu, Gradofl and Takeuchi equ pr nent °mill be d fecf free, properly packed ked r:rr`u'd shipped to erusaare a safe delivery. 4. e teiglInstructions A. Ordering and DeW&y i. The on1racMtc rshafl Na re;rmar,r rrt, principal place of bUSiness, in which the service is provided, within the city limits of Corpus Christi, Texas. City Fleet Maintenance Staff will place an order on as needed basin,. 3. the Contractor shall ale iv r p art's between eari n the hours of 8-OO A to fa: CSFM . The Contractor shall deHver in-sioc k warts ft,i=s sammarr~rye day for or ta�,,rs. I ac ail before 200PM and :5.00P t, . The Contractor shall d li ar in-.st cic parts the foilo heat day for orders ia `e after prn. 6 The Contractor shall deliver faarts t the City Garage, C."ity Servic.e Center Ioc ateasi al 5352 Ayers ;fait, Building :SBA Corpus : i risti, Texas 7F,41 fit. a„ All contract prices, care F.O.B. destin a-lion, inside delivery .i-ra the City of Corpus Christi Facility, freight prepaid. 8, if any it 'ryas found defective, unusable saabl or inopercaUa.A to the condition, Contractor sha_all arrange ra tu,.arra sNprinent or sl,-iippng charge will be reirnbursed fraarn than invoice, y. fl,--e Contractor understands and agrees that the City is requesting a"Wa rnaWaacirruuvarra of fa business drays for, delivery of items. If fhrra Contractor is not a ble to meet that deadline. The Contractor sh aH contact City Staff, concerning;erning any rca order's. Speciatlly iternsu ordered will riot be ca race° e". if the Contractor notifies City Heet .5traff a ithir,u the 5--day firrrae Frame,, 1 w Cancellations shall be 41 writing and s ara4 [o C(,.)r-drcia�-kDr by carnc-.all, N,-.arc or mail. RFQ Revised 4.N ' bra 9 11 . No restocking fee r payrnent of any kind shall be owed for orders cancefled due to Contractor's ir�abifity to meet, the deadline defivery date, B. Defective Goods Contractor sl"iall pay for return shiprnenitr or� any products that arrive in a defective, unusable or inope-rable con&iori. Contrack)r rnust arrange for the return shipment of darnaged products, S. Inv Ri�� Parts wik be reimbursed at cost p1us the Graf owable rnarkup shown in the contract. Receipts Ml be required for the parts 1-hot dernonstrate the actuaN cost of the item to the Contractor. RFQ Revised 4r 19.2019 ATTACHMENT B. QUOTERRICING ec- ' CITY OF CORPUS C14RISTI QUOTE FORM 1. Refer to "Sam Service Agreement"Contract Terms d Condiflons before c omplefingquote. . your best price, including freight,for each itern. 3. n submi"Ing this quote, vendor ceffifles that tie prices in this quote have been arrived at independently, n ti n, communication, or agreement withany other vendor or cornpefitor, for the purpose of restricting com ion with regard to prices. Ire i on �� Destination, r .. t In , ors e folly r� �. _ 7 arkSOW EAni6ted, 1 f C.. � r Komatsu, Grada�� and / ' Tokeu c i equipment pcirts $750,000,00 13,6. ff � ' , 0 . Year $ 852,300M Freight 9io n e � ,w r /jl y/--m--(f-,.y// „„r1J� j u y �%!r/{ ((/ r i�.�✓if fi G f�,J / -a wr,rs` m..._ ._.,.�_.w__.... / ';/`fird Y« „! I r %'�lJr r%✓I r� y flf ! r.,//r/6 /JI`f/. fr9// � 'i I n. / , d1. V / ,r1 / I ! tfr r/,�� !r ))a!1r�y/Y J/J r t/r /rr✓' $ r//airr d.!,,:Yi 1:,r ,rr `) tJ�'IrGr///( �%I(l /J/J/ v/F JUiy r/r(+ J�� ✓ /+ / Y f y i���"a i r r rl `IJ m/ r r: z .�..r._.wM.�,.�.c,.�,�.r.......�...c.,...,....,...Jl.._:...,..._�...¢,.crL?a.... �,.,.L..u..!.c4.¢_._�`���x, �`.,..:�hc .._�...1".t d_.:.,..w.a.,.� o.�,�F.�Cti�,<ilt.w.J,..4'.�lul..�x;�.,._�s. PANN aukesha-Pearce Industries, LL . NAME OF PERSOt,,l AUTHORIZED TO SIGN 3 ADDRESS: 12320 South Ma nSt CFF� S A'ILE/ZI : Houston, Tee ,as T7035 PHONE: V a 1 E dv4 L a u ra b ¢or g C ry m : DATE,' 2/2712020 S�GNA T JF Tl. :._. Dre to rat Parts, THE WIT RIGHT TO REJECTORCANCEL ANY OR ALL QUOTES. T0IV INFORMALITIES OR IRREGULARITIES IN THE QUOTR RECEIVED AND TO CANCEL, R POSTPONE THIS PROJECTUNTIL A LATER DATE. FQ Revised 4.1 9m 1,'? ATTACHMENT C- INSURANCE REQUIREMENTS 1. 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 minimurn 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 endorseme,rat, and a waiver of subrogation is required on all applicable, policies. Endorsements must be provided with COL Project name and or number must be listed in Description Box of COL TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by applicable Per occurrence - aggregate policy endorsements Commercial General Liability Including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Prem ses- Operations 3. Products/ Completed Operations 4, Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $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, ADDITIONAL REQUIREMENTS Page I of 3 ........... .......................................... ................................_ ......................................-- ----- A. Applicable for paid employees, Con-tractor 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. Bests rating of: no less than! A- ill. 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 of 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 subrogafion in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of ef�y s.0 cancellation in coverage, and 7 not less than ten (1'0) 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. Page 2 of 3 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. If 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 Depf. Page 3 of 3 ............................................................................................... ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor shall provide manufacturer warranty on all parts. B. Within warranty period, the Contractor shall repair or replaced without any cost to the City of Corpus Christi and the Contractor must cover all shipping costs. Page I of I ------------------ s c° aCORP4RA,�ro AGENDA MEMORANDUM 185 Action Item for the City Council Meeting July 28, 2020 DATE: July 21, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance HeatherH3(a7cctexas.com (361) 826-3227 Kim Baker, Director of Contracts and Procurement KimB2 cctexas.com (361) 826-3169 Armored Courier Service CAPTION: Motion authorizing a five-year service agreement with Rochester Armored Car Co., Inc. in the amount not to exceed $183,600.00 for armored courier services for various departments and will be facilitated by the Finance Department, effective upon issuance of notice to proceed, with FY 2020 funding in an amount of$6,120.00 available in various departments' funds as outlined in the funding detail. SUMMARY: This motion authorizes a service agreement with Rochester Armored Car Co., Inc for armored courier services for Corpus Christi Police Department, Finance, Municipal Courts, Solid Wastes Operations, Health Department, Corpus Christi International Airport and Development Services. The respective departments will fund the services, while Finance will be the Contract Administrator of the contract. BACKGROUND AND FINDINGS: The City has a continuous need for armored courier services at the Police, Central Cashiering, Municipal Court, Corpus Christi International Airport and Development Services Departments, as well as cash manager safe services at the Health Department. The present contract is due to expire upon the issuance of this new contract to a new Contractor. The Contracts and Procurement Department conducted a competitive Request for Bid process and received three bids and is recommending award to the lowest, responsive, responsible bidder, Rochester Armored Car Co., Inc. This bid was $72,180 lower than the incumbent, Brinks's Inc, proposed five year contracted amount and will save the City approximately $14,000 annually. ALTERNATIVES: An alternative would be not to secure this service agreement. This would cause the City not to have a licensed courier service picking up funds collected and depositing to the bank daily. FISCAL IMPACT: The fiscal impact in FY 2020 for the Corpus Christi Police Department is $1,420.00; Finance Department is $690.00; Municipal Courts is $690.00; Solid Wastes Operations is $890.00; Health Department is $690.00; Corpus Christi International Airport is $1,050.00; and, Development Services is $690.00 for a combined amount of $6,120.00 for a five-year service agreement for the Armored courier services, with the remaining cost of$177,480.00 funded in future years through the annual budget process. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 11700 Police Administration Mission Element: 151 Respond to Law Enforcement Calls Project # (CIP Only): n/a Account: 530490 Armored Car Service Cost: $1,420.00 Fund: 1020 General Fund Organization/Activity: 10840 Central Cashiering Mission Element: 184 Treasury for Debt & Cash Management Project # (CIP Only): n/a Account: 530490 Armored Car Service Cost: $690.00 Fund: 1020 General Fund Organization/Activity: 10440 Municipal Court—Administration Mission Element: 231 Dockets Records Fine Coll Project # (CIP Only): n/a Account: 530490 Armored Car Service Cost: $690.00 Fund: 1020 General Fund Organization/Activity: 12504 JC Elliot Transfer Station Mission Element: 033 Landfills Project# (CIP Only): n/a Account: 530490 Armored Car Service Cost: $890.00 Fund: 1020 General Fund Organization/Activity: 12690 Nursing Health Services Mission Element: 102 Provide & Manage Medical Clinics Project #(CIP Only): n/a Account: 530490 Armored Car Service Cost: $690.00 Fund: 4610 Airport Fund Organization/Activity: 35030 Airport Parking/Transportation Mission Element: 272 Management of Airport Operations Project #(CIP Only): n/a Account: 530490 Armored Car Service Cost: $1,050.00 Fund: 4670 Development Service Fund Organization/Activity: 12201 Inspections Operations Mission Element: 281 Project #(CIP Only): n/a Account: 530490 Armored Car Service Cost: $690.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a five-year service agreement with Rochester Armored Car Co., Inc. as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement City of Corpus Christi Bid Tabulation Sr. Buyer: Minerva Alvarado RFB 3065-Armored Courier Services Rochester Armored Car Garda CL Southwest, Co., Inc. Brink's Inc. Inc. Omaha, NE Coppell,TX Boca Raton, FL Item Description Unit Qt r Unit Price Total Price Unit Price Total Price Unit Price Total Price Police Depar men - 1 1 John Sartain St MO 60 $345.00 $20,700.00 $407.00 $24,420.00 $482.00 $28,920.00 MunicipalCourt- 1 N. 2 Chaparral St. MO 60 $345.00 $20,700.00 $407.00 $24,420.00 $482.00 $28,920.00 Police Impound Lot-5485 3 Greenwood Dr. MO 60 $345.00 $20,700.00 $407.00 $24,420.00 $482.00 $28,920.00 Police Impound Lot- 1 st 4 Saturday of the Month (12 Days 60 $20.00 $1,200.00 $500.00 $30,000.00 $80.00 $4,800.00 Saturdays per year) Heat Department- 1702 5 Horne Road MO 60 $345.00 $20,700.00 $407.00 $24,420.00 $482.00 $28,920.00 E7 Central as ieenng- i y 6 Hall - 1201 Leopard St. MO 60 $345.00 $20,700.00 $407.00 $24,420.00 $482.00 $28,920.00 Landfill/Solid Waste - 7001 Ayers St. MO 60 $345.00 $20,700.00 $407.00 $24,420.00 $482.00 $28,920.00 an i ofd Waste - 8 Saturday (52 Saturdays Days 260 $20.00 $5,200.00 $18.50 $4,810.00 $32.00 $8,320.00 per year) an i o i Waster- 9 Holidays (4 holidays Days 20 $20.00 $400.00 $65.00 $1,300.00 $98.00 $1,960.00 yearly) oprus Christi 10 International Airport- MO 60 $345.00 $20,700.00 $407.00 $24,420.00 $558.00 $33,480.00 1000 International Dr. orpus Cnrwl International Airport- 1 1 Saturday (52 Saturdays Days 260 $20.00 $5,200.00 $18.50 $4,810.00 $36.00 $9,360.00 per year) orpus ns i International Airport- 12 Sunday and Holidays (52 Days 300 $20.00 $6,000.00 $65.00 $19,500.00 $101.00 $30,300.00 Sundays and 8 holidays per year) Devel opmen Services - 13 2406 oepard St. MO 60 $345.00 $20,700.00 $407.00 $24,420.00 $482.00 $28,920.00 S183.600.00 $255,780.00 $290,660.00 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE IS 0 C SERVICE AGREEMENT NO. 3065 Armored Courier Services THIS Armored Courier Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Rochester Armored Car Co., Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Armored Courier Services in response to Request for Bid/Proposal No. 3065 ("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 Armored Courier Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for 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 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 $183,600.00, 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 I of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE 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: Judy Ann Villalon Finance Department 361-826-3651 JudyAV@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE 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 3 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE 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: Judy Ann Villalon City Treasurer 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3651 Fax: 361-826-4371 IF TO CONTRACTOR: Rochester Armored Car Co., Inc. Attn: William P. Shea VP Strategic Accounts 3937 Leavenworth Street, Omaha, NE 68105 Phone: 800-558-9323 ext. 238 Fax: 405-558-9326 Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE 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 5 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. 22. 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. 23. 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). 24. 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. 25. 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. 26. 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE 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. CONTRACTOR D Signed by: &M SUA Signature: _F�00u , Printed Name: William Shea Title: VP Strategic Accounts Date: 6/13/2020 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. 3065 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE Attachment A: Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide armored courier services as outlined in this Scope of Work. 1.2 Scope of Work A. The Contractor shall have a vault at the Contractor's place of business. B. The Contractor is responsible to meet all applicable federal and state laws regarding licensing and bonding while engaged in providing Armored Courier Services to the City. Contractor shall submit satisfactory evidence that it is in good standing in this regard. C. The Contractor shall include criteria for background checks and security clearance on armored courier personnel. Periodic statements on the company's policy may be requested through the term of the agreement. D. The Contractor shall employ a minimum of two employees per vehicle. E. The Contractor must be able to transport multi-bag pick-ups or large tamper evident bags. F. The Contractor's vehicles must have armor plating, or some means of bullet proof protection and bullet proof glass. G. All vehicles used to service the City's account must be equipped with mobile telephones or two-way radios. H. All windows on all vehicles must be closed at all times. I. The Contractor shall provide and maintain vehicles necessary to meet the requirements of the agreement. Only armored transport vehicles shall be used; standard street vehicles such as unarmored automobiles, vans, light trucks, etc., are not acceptable. All vehicles used in the performance of this agreement shall be registered, licensed, and insured. All vehicles shall be in good repair and able to operate efficiently and safely. Vehicles used in the performance of this agreement should have the Contractor's company name prominently displayed on both sides of the vehicle. Page 1 of 4 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE J. The Contractor vehicles servicing the City's account shall meet or exceed certification standards for an armored vehicle. K. The Contractor shall provide contact information for service, billing, and account questions. L. All Contractor employees assigned to duty under the contract must maintain minimum fitness for duty requirements including mental and physical ability to guard and protect City monies as set forth in the Contractor policies and procedures for maintaining fitness for duty standards. M. All Contractor employees providing service to the City's account must present their company employee identification card immediately to the City employee releasing the deposit for their department. N. All Contractor employees providing service to the City's account must wear proper identification, (patch and security label) on shirt and/or jacket. Apparel should be consistent and neat in appearance. Only authorized personnel are to be in attendance when servicing the contract. O. The Contractor shall adhere to the pick-up/drop-off schedule. If the Contractor is unable to perform the work as scheduled, they shall inform the Contract Administrator upon notification of any changes. P. The Contractor's equipment must be operational at all times during the performance of the work. Q. The Contractor's employee needs to service the Central Cashiering City Hall location from the Lipan Street entrance. R. The Contractor shall provide a bill of lading, which details the number of bags, the amount of the deposit, and tamper evident deposit bag number(s), to the City employee for all pick-ups and change order deliveries. S. A signature must be obtained from the Commercial Vault Supervisor or their designee on the bill of lading for all deposits delivered to the City depository during normal business hours (Monday-Friday, 8:00am to 5:00 pm). Use of night depository is not permitted. Deposits which cannot be delivered during normal business hours must be kept safe in a vault at the Contractor's place of business and delivered to the City's depository prior to 3:00pm the next business day. Page 2 of 4 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE T. The Contract pricing is an all-inclusive monthly pricing. No additional charges will be accepted. U. The Contractor shall provide one invoice monthly for all locations. The invoice shall be submitted to accounts payable with a copy of invoice emailed to the Contract Administrator. 1.3 Work Site and Conditions The Contractor shall provide Armored Courier Services at the following locations at the designated times. Drop-off location will be at City of Corpus Christi Depository Bank-Frost Bank- Vault Services-501 South Shoreline Blvd., Corpus Christi, TX before 3:00pm. Pick-Up Location Pick-up Time Frequency Police Department- 8:00am-1 0:30 am Monday-Friday* 321 John Sartain St. Police Impound Lot- 8:00a m-I 2:00p m Monday-Friday* 5485 Greenwood Dr. AUCTION ONLY: First Saturday of every And I st Saturday of month (will call after 4:45pm. Must pick- every month up within one hour after being called) Health Department- 8:00am-12:00pm Monday-Friday* 1702 Horne Road Central Cashiering- 8:00am-10:30am Monday-Friday* City Hall 1st Floor-1201 Leopard St. Municipal Court-I 20 8:00am-10:30am Monday-Friday* N. Chaparral St. Landfill/Solid Waste- 8:00am-10:30am Monday-Friday" 7001 Ayers St. Saturday City of Corpus Christi 8:00am-1:30pm 365 days per year International Airport- 1000 International Dr. Parking Toll Plazas- Parking Lot Exit Development 8:00-1 1:00am Monday-Friday* Services-2406 Leopard St. *Locations will not require service on City recognized holidays (New Year's Day, Martin Luther King Day, Memorial Day, Independence Day, Labor, Day, Thanksgiving Day, Friday after Thanksgiving Day, and Christmas Day. "Landfill location will not require service on Landfill holidays closures: New Years Day, Independence Day, Thanksgiving Day, and Christmas Day. Page 3 of 4 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE 1.4 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. 1.5 Special Instructions The Contract Administrator for the City of Corpus Christi is as outlined below. The Contract Administrator shall approve all phases of performance and operations under this Contract including authorization for payment. The Contract Administrator or designee shall be the single point of contact for the Contractor for all matters. The Contract Administrator may change over time and any such changes will be given to the Contractor in writing. Judy Villalon, City Treasurer P.O. Box 9277 Corpus Christi, TX 78469-9277 361-826-3651 JudyAV@cctexas.com Page 4 of 4 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE � usc. CITY OF CORPUS CHRISTI o� � CONTRACTS AND PROCUREMENT DEPARTMENT BID FORM rho flP0 R�� 1852 RFB No. 3065 Armored Courier Services PAGE 1 OF 2 Date: 5/15/2020 Authorized Bidder: Rochester Armored Car Co., Inc. Signature: 61 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's 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. _-------------......_............_. _....._._._._._._._._._._._._._._. 5 Unit Item Description UNIT Year Price Total Price QTY 1 Police Department - 321 John MO 60 20,700.00 Sartain St. $345.00 $ ..................................................................................................................................... ........................... .................................... ........................................................... 2 Municipal Court - 120 N. Chaparral MO 60 St. $345.00 $20,700.00 3 Police Impound Lot - 5485 MO 60 $345.00 $20,700.00 Greenwood Dr. 4 Police Impound Lot- 1st Saturday of Days 60 $20.00 $1,200.00 the Month (12 Saturdays per year) 5 Health Department - 1702 Horne Rd. MO 60 $345.00 $20,700.00 .............................. ._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._._ ............ 6 Central Cashiering-City Hall - 1201 MO 60 Leopard St. $345.00 $20,700.00 7 Landfill/Solid Waste - 7001 Ayers St. MO 60 $345.00 $20,700.00 Addendum No. 2 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE Page 2 of 2 8 $5,200.00 $400.00 Total Addendum No. 2 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE 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 COL Project name and or number must be listed in Description Box of COL TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability $1 ,000,000 Per Occurrence Including: I . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 ARMORED CAR "ALL-RISK" TRANSIT & $1,000,000 Per Occurrence STORAGE INCLUDING FIDELITY COVERAGE Page 1 of 3 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE 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- Vil. 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 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE 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. 2020 Insurance Requirements Ins. Req. Exhibit - Armored Courier Services 04/07/2020 Risk Management - Legal Dept. No bond is required for this service agreement. Page 3 of 3 DocuSign Envelope ID:25B80737-B99A-407C-AOB4-244276CD22CE Attachment D: Warranty Requirements Warranty is not required for this service agreement; therefore, Section 8, Warranty, subsection 8 (A) and 8 (B) is null and void. Page 1 of 1 GQ G7 MPPBP©C4R�f"� 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 28, 2020 DATE: July 14, 2020 TO: Peter Zanoni, City Manager THRU: Steve Viera, Assistant City Manager stevev@cctexas.com (361) 826-3445 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 Kevin Norton, Director of Water Utilities kevinn@cctexas.com (361) 826-1874 Master Service Agreement Water Utilities On-Call Support CAPTION: Motion awarding a Master Service Agreement for professional engineering, architecture and construction administration services related to water utilities to LNV, Inc. to provide solutions for technical issues with the water and wastewater system in an amount up to $800,000 with a one year renewal option to be administratively authorized for a total not to exceed $1,600,000, on projects located citywide, with funding available through the FY 2020 Water and Wastewater Operating and Capital Improvement Program Funds. SUMMARY: This motion approves a Master Services Agreement (MSA) contract for professional engineering, architecture and construction administration services related to water utilities with LNV, Inc. to provide solutions for technical issues with the water and wastewater system. BACKGROUND AND FINDINGS: Engineering Services previously contracted with LNV, Inc. to provide on-call support services for water utilities in support of the water treatment plant and six wastewater treatment plants. The contract expired in June 2020. This MSA will provide the Water Utilities Department with specialized expertise for technical issues related to water and wastewater systems. On-call support service to be provided under this MSA may include but not limited to the following: • site investigation • analysis of system functions with recommendations for developing scope of work • cost estimates for potential repairs and upgrades • design and constructability peer review • cost and schedule controls • construction administration • other support services as required by the Water Utilities Department The MSA contract is for a one-year term with a one-year administrative renewal option. Individual task orders will be issued within a not to exceed amount of$800,000 per year. Task orders will be administratively approved. COMPETITIVE SOLICITATION PROCESS LNV, Inc. was selected for the Water Utilities On-Call Support project in March 2020 under RFQ 2667. Water Utilities On-Call Support was one of three projects announced under the Water Utilities Department Category of the RFQ. Nine firms submitted for the Water Utilities On-Call Support project. LNV, Inc. was the highest ranked firm. The selection committee consisted of representatives from the Water Utilities Department and Engineering Services Department. Firms were ranked based on five factors: 1)firm's experience and qualifications of firm, 2) experience and qualifications of the project manager and key staff, 3) project approach and management plan, 4) respondent capacity, and 5) respondent past performance. ALTERNATIVES: An alternative to awarding the contract is to execute multiple small contracts for all water and wastewater technical issues creating additional work, backlog, and delaying solutions. FISCAL IMPACT: The fiscal impact for FY 2020 is an amount of $800,000 with funding available through the FY 2020 Water and Wastewater Operating and Capital Improvement Program funds. FUNDING DETAIL: Funding will be allocated from appropriate fund sources as the various water and wastewater projects are identified. RECOMMENDATION: Staff recommends approval of this motion to award this MSA to LNV, Inc. in the amount of $800,000 for a one-year term with an option to administratively renew the agreement for an additional one-year with a contract total not to exceed $1,600,000. The services are planned to start in July 2020 with completion in July 2021. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Contract N SCALE: N.T.S. CITYWIDE PROJECT , NUECES BAY a N . 4 CW%CHNIg3ITI 6 A M H Q�Y[II 1M COBMIS CHRISM BAY T1 �nva�ir OSO BAY pp � FItHIR aee UGINU MADRE GULF OF ME)OCO LOCATION MAP NOT TO SCALE Project Number: 20116A CITY COUNCIL EXHIBIT City-Wide Utilities On-Call Support CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES N C I TYW I D E PROJECT SCALE: N.T.S. VICINITY MAP NOT TO SCALE Project Number: 20116A CITY COUNCIL EXHIBIT City-Wide Utilities On-Call Support CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 o ,as C SERVICE AGREEMENT NO. 3044 Project 20116A - Utilities On Call Support MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and LNV, LLC. (Consultant), 801 Navigation Blvd., Suite 300, Corpus Christi, Texas 78408. TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER.....................................................................................2 ARTICLE 11 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 Page 1 Rev. 20-5 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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. The general scope for these Task Orders is outlined in Exhibit A. More specific scopes of work will be issued for pricing when a task order is needed. Task Orders shall become a 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 XI I of this Agreement. Consultant will perform the Services in accordance with the approved Scope of Services and with Consultant's response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 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 issued the fully executed Task Order 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. Page 2 Rev. 20-5 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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. 1.10 For project with potential utility conflicts: 1.10.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.10.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement by Task Orders shall not exceed $800,000.00. 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 price Task Orders in accordance with Exhibit B, Rate Schedule, subject to approval by the City. 2.4 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. 2.5 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. 2.6 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. 2.7 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. Page 3 Rev. 20-5 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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. Page 4 Rev. 20-5 000uSiVn Envelope ID:9EoCE511-7557-481x+AO4C+\E013A13xa8T ARTICLE V| —TERM; RENEWALS; TIMES FORFORRENDERINGRENDERINGSERVICE 0.1 This Agreement shall b8 effective upon the signature Vf the City Manager 0r designee (Effective D8i8). 8.2 This Aor6enn9nL Sh8U be 8pp|iCgb|8 to Task Orders iSSU8d hereunder from the Effective Date of the Agreement until Task Orders are complete. 0.3 The term of this Agreement Sh@|| be for 8 period of one yea beginning UD the Effective [)@te. uO|eSS extended by authority 0f the City Manager Ordesignee. The Agreement may be renewed for Upt0one year renewal option upon mutual agreement Of the parties t0be evidenced iD writing prior t0the expiration Of the prior term. Any renewals shall be8t the same terms and conditions, plus any approved changes. 8.4 The times for performing services or providing deliverables will be stated in each Task Order. |fnOtimes are S8 stated, Consultant will perform services and provide deliverables within 8 reasonable time. ARTICLE V|| - TEF|K4|NAT|C)N OF AGREEMENT 7.1 By Consultant: 7.1.1 The City reserves the right t0 suspend this Agreement 8tthe end Of any phase for the convenience of the City by issuing 8 written and signed Notice of Suspension. The Consultant may terminate this Agreement for convenience iOthe event such suspension extends for 8 period beyond 12O calendar days by delivering 8 Notice of Termination to the City. 7.1.2 The COOSu|t8Dt must follow the Tg[DliO8UOD Procedure outlined in this Agng8[D9DL 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 Ofrecord. 7.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant. If Consultant b8gin3, within three days Of receipt Of such nOUC8. to correct its failure and prOC88dO to diligently cure such failure within the ten days, the agreement will not terminate. |f the Consultant again fails t0 perform under this agreement, the City may terminate the agreement for cause upon seven days written notice t0 the Consultant with nO additional cure period. |f the City terminates for cause, the City may reject @Oy@Dd@|| pn0p0S8|SSubDliU8dbyCODSuU8DtfOrupi0ivv0ye8[S. 7.3 Termination Procedure 7.3.1 Upon receipt of Notice of Termination and prior to the 8ff8CiivR d8L8 of termination, Un|8SS the DUdCe otherwise directs or CUDSu|t8Dt t8h8S @CdOD to cure @ failure to perform under the cure period, C0nSU|t8ni Sh8|| innrnGdi8i8|y begin the phase-out and discontinuance of all services in C0nn8CLi0n with the performance 0f this Agreement. Within 3O calendar days after receipt Uf the Notice 0fTermination, uD|eSS {|0DSu|t@Dt has SuCCeSSfu||y cured @ failure to perform, C0DSu|t8Dt Sh@|| submit @ 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 {}OnSU|L8nt Sh8|| submit all completed and/or partially completed work Under this Agreement, including but not limited to specifications, designs, p|8OS and exhibits. COOSu|t8Ot Sh8|| Ol8[k partially COnnp|eied work as "[}r8h^ and does not guarantee the accuracy Or reliability Of partially completed work submitted in accordance with this Article. Page Rev. 20-5 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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. 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 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, Page 6 Rev. 20-5 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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. 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 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 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 30 calendar days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request Page 7 Rev. 20-5 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a written notice of such dispute,then the Parties shall proceed with the mediation process contained herein. 11.2.3 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 30 or more than 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 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. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement 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. Page 8 Rev. 20-5 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 ARTICLE XII — MISCELLANEOUS PROVISIONS 12.1 Assiqnability. 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—forml295.htm. The form must then be printed, Page 9 Rev. 20-5 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at htt s://www.ethucs.state.t:x.us/le aV/c1h46.htm�. 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 htt ://www.cct:exas.coir�r/ oveirnir�neint/cit -seciretair /confllict-diSCIOSLAre/iiindex 12.11 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 12.12 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally fails to comply with a requirement of that subchapter. 12.13 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. 12.14 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. 12.15 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in any documents 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. 12.16 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 LNV, LLC. Docu5igned by: [�/2FAS78293E194E5 6/3/2020 .... Michael Rodriguez (Date) Dan S. Leyendecker, P.E. (Date) Chief of Staff Managing Principal 801 Navigation Blvd. Suite 300 Corpus Christi, Texas 78408 (361)883-1984 Office danl@lnvinc.com loganb@lnvinc.com Page 10 Rev. 20-5 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 APPROVED AS TO LEGAL FORM DOCUSIgned by: �WX4� 6/4/2020 OA822443 ASSistant uty Attorney (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary Page 11 Rev. 20-5 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 . PROJECT SCOPE Utilities On-Call Support (Project No. 20116A) This project will provide the Utility Department with specialized expertise for technical issues related to water, wastewater and storm water systems. The Consultant shall assist the City in a wide range of issues including, but not limited to, site investigations, analysis with recommendations for developing project scopes, cost estimating, design and constructibility peer review, cost and schedule controls, design management, and other support services as required by the Utilities Department. The Consultant should be able to demonstrate experience with water and wastewater treatment, water distribution, wastewater collection, and storm water conveyance. The Consultant should also have electrical engineering capacity for low and medium voltage power distribution. EXHIBIT A Page 1 of 1 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 LNV City of Corpus Christi Water Utilities On-Call Support Project No. 20116A Exhibit"13-l" City of Corpus Christi Scope of Professional Services Water Utilities On-Call Support This project will include various task authorizations to support City staff and perform work depending on the City's needs. This project is intended to be a base 1-year contract of $800,000 with one (1) optional 1-year renewal for $800,000. As described in RFQ No. 2011-6A, this project allows the Engineer to supplement City staff with personnel and resources to assist with any technical, operational, maintenance, diagnostic and design concerns. The Engineer shall assist the City by performing the tasks outlined in this amendment at the request and under the direction of the Engineering Department to ensure that the water and wastewater treatment objectives for the City are being met in a cost-effective manner. All services provided under this contract will be on an as-needed, on-call basis throughout the term of the agreement. Therefore, the services will be delivered through various task authorizations that will be issued by the City and performed on a Time and Materials (T&M) or Lump Sum (LS) basis. A sample task authorization is provided in Exhibit B-1 for reference. These task authorizations may vary considerably in size and scope, which will be discussed between the City and the Engineer, prior to issuance. The Engineer will be responsible for preparing a detailed scope and anticipated fee estimate for each task authorization and upon approval, a Notice-to-Proceed will be issued by the City's appointed Task Authorization Manager to commence the work outlined in the task authorization. This project also includes specific tasks that are necessary to deliver quality engineering services that provide on-call support to the City's water and wastewater treatment operations, including staffing, coordination of team sub-consultants, QA/QC of all task deliverables, document management and distribution, task scheduling, invoicing, project status reporting, etc. Depending on the specific needs of the City, there may also be a number of assigned Task Authorization Managers. EXHIBIT"B" Page 1 of 3 801 NAVIGATION I SUITE 200 1 CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 City of Corpus Christi Water Utilities On-Call Support 1'W!'' Project No.20116A BASIC SERVICES (N/A) ADDITIONAL SERVICES (ALLOWANCE OF $800,000/YR) This section defines the scope of tasks for Additional Services that may be included for this contract. However, the Engineer will not begin work on the tasks in this section without written approval from the Director of Engineering Services. Upon receipt of written authorization, the Engineer will perform the following Additional Services: 1. Project Management 2. Permitting and Regulatory 3. Project Coordination 4. Condition Assessment 5. Capacity Assessment 6. Asset Management 7. Remedial Measures 8. General Engineering 9. Process Improvements 10. Operations Assessments 11. Electrical Support Services SCHEDULE The project is a 1-year base contract of$800,000 with an optional 1-year renewal of$800,000 as needed and authorized. The project schedule is completely dependent upon the needs and requests of the City staff. FEES Services will be provided on a Time and Materials (T&M) or Lump Sum (LS) basis, which will be billed through task authorizations. Fees will be developed based on the LNV Standard Rates EXHIBIT"B" Page 2 of 3 801 NAVIGATION I SUITE 200 1 CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM 000uSiVnEnwel |o 9EoCE511-7557-481x+AO4C+\E013A13xa87 &IMV City of Corpus Christi Water Utilities On-Call Support ^,.m^".""~,.W"x Project No.2O11GA Sh0vvn in Exhibit C. Negotiated fees will be 8UihOhz8d through rnU|Up|8 task authorizations detailing the scope Of work and the schedule for 8 total nOt-tO-8xC88d contract amount, 8Sshown bS|Ovv. Services Performed by Consultant Original I-Year TOTAL Contract Renewal Water Utilities On-Call Support $800,000 $800,000* $1,600,000 *Optional amount that may 6c added after |-year K40Oth|y invoices will be provided by the Engineer based OO 8{tu8| working hours and 8SSOCi8t8d 8np8DS8S at agreed upon hourly rates. The City'S Task Authorization yN8D8g8r is responsible for assigning t8ShS to the Engineer and approving d8i|Y/w/88k|V/DlOOth|y hours. The EOgiO88[ is required tO submit 8detailed and approved man-hour breakdown accompanying with DlODth|y invoices tO Engineering Services for payment. If you have any qUeSdOnS Or if you would like to diSCUSS further, please feel free to contact me at O[ 361-883-1q84. Regards, ��i ogain 1,� uil toin, �� Water Practice Director Q: (361)883-1984 LNV M: (381)870�873 8O1 Navigation Blvd, Suite 3U0 on/�dun�conpony Corpus Christi, TX784O8 --------------------------------- EXH|B|T''B" Page anfn uozm*w/a^Tmm | so/rszuu | CORPUS cxmsr/'TEXAS 78408 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 LMV City of Corpus Christi Water Utilities On-Call Support Project No,20116A Exhibit"B-1" City of Corpus Christi Water Utilities On-Call Support Sample Task Authorization City Project No. 20116A Professional Services Contract City of Corpus Christi Water Utilities On-Call Support Task Authorization No. — <Title> <Date> Lr4v I''t 1, YI]ii" , r!y0 EXHIBIT"13-1" Page 1 of 3 801 NAVIGATION I SUITE 200 1 CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM 000uSiVnEnwel |o 9EoCE511-7557-481x+AO4C+\E013A13xa87 ���y C�yof Corpus Chr�t VVaterUb|i�esOn-CaUSuppo� =��I `�" °�~ Project No.2V11GA SCOPE OF WORK Water Utilities On-Call Support BACKGROUND AND PURPOSE SCOPE OF WORK ADDITIONAL SERVICES: DELIVERABLES SCHEDULE The Engineer's services shall be performed in a timely manner consistent with sound professional practices. The time limits set forth in the schedule shall include allowances for reasonable and expected review time by the City and approval by authorities having jurisdiction over this project aodnhuUnothca||ovveduoouooc for delay or mbooboonty to the schedule. [)c|uyo caused byreview dozoo by the City exceeding those anticipated by the Engineer's schedule are cause for adjustments in the schedule. Any odioabnmn(u made to the agreed upon schedule shall be made in writing and accepted by both parties. The construction schedule presented is u preliminary estimate and may change depending on the improvement solutions selected. The Engineer shall begin work immediately upon receipt nf\he executed Task Authorization and/or Notice to Proceed (written or couai]ed}. The work under this task authorization is anticipated to be complete in accordance with the following schedule. TASK TASK DESCRIPTION DURATION NUMBER Notice to Proceed(NTP) TBD Task No. Task Description As per City preference FEE The services will be provided on a Time and Materials (T&M) basis as the project is moved towards completion. The anticipated amount for this task authorization is sxx,xxx, as shown in ATTACHMENT A. The Engineer oho|| not incur any cost in oxooso of this not-to-exceed amount without prior written authorization from the Ciry`m Task Authorization Manager. EXHIBIT''B-1" Page 2nfn uozm*w/a^Tmm | so/rszuu 1 CORPUS cxmsr/'TEXAS 78408 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 City of Corpus Christi Water Utilities On-Call Support Project No.20116A TASK AUTHORIZATION MANAGER The Task Authorization Manager will be the primary contact person during the performance of this work. All correspondence or inquiries should be addressed to the Task Authorization Manager.This work task will be coordinated by: ATTACHMENT A MAN-HOUR AND FEE ANALYSIS EXHIBIT"13-1" Page 3 of 3 801 NAVIGATION I SUITE 200 1 CORPUS CHRISTI,TEXAS 78408 OFFICE 361.883.1984 1 FAX 361.883.1986 1 WWW.LNVINC.COM 000uSiVn Envelope ID:9EoCE511-7557-481x+AO4C+\E013A13xa8T Page 1mf 2 SCHEDULE 0F HOURLY CHARGES BY PERSONNEL CLASSIFICATION 2020 The per them and miscellaneous expense charges for Engineering, Architecture, Drafting, Surveying, and Planning Services are based on the following hourly rates: Engineering, Planning: Principal ...................................................................................................................................................................................... $2OO.OU/hr. SeniorProject Manager III...........................................................................................................................................$260.00/hc Senior Project Manager U----------------------------------------------'$245.00/hc SeniorProject Manager|.............................................................................................................................................$240.00/hc Project Manager III -------------------------------------------------------$225.00/hr. Project Manager U ------------------------------------------------------' $220.00/hc Project Manager| ------------------------------------------------------' $215.00/hc Senior Engineer U ------------------------------------------------------- $210.00/hc Senior Engineer| -------------------------------------------------------. $205.00/hc PnojectEnQineer|V------------------------------------------------------ $200.00/hr. ProjectEngineer III ..................... ........................................ ............................................................................. ..................... $190.00/hr. Project EngineerU ------------------------------------------------------. $I8000/hc Project Engineer| ------------------------------------------------------- $170.00/hr. Project Architect U| ------------------------------------------------------. $200.00/hc Project Architect U ------------------------------------------------------.$185.00/hc Project Architect | -------------------------------------------------------.$170.00/hc EngineerV-----------------------------------------------------------. $165.00/hc Enginee/|V----------------------------------------------------------- $155.00/hc Engineer III ------------------------------------------------------$I45.0O/hc Engineer U -----------------------------------------------------------'$1]0.0O/hc Engineer -----------------------------------------------------------' $120.00/hc Senior Designer UL------------------------------------. ----------------'$I6O.O0/hc Senior Designer U ------------------------------------------------------$15O.00/hr. Senior Designer| ------------------------------------------------------.$240.00/hc DesignerU| -----------------------------------------------------------.$135.00/hc Designer U -----------------------------------------------------------'$1]O.00/hc Designer ------------------------------------------------------------$12O.00/hc Senior CADD Technician III ..........................................................................................................................................$l25.0O/hr. SeniorCADD Technician U............................................................................................................................................$lZO.0O/hc Senior CADD Technician L----------------------------------------------.$115.00/hr. CADDTechnidan N------------------------------------------------------.$110.00/hc CADDTechnidanU| ------------------------------------------------------. $105.00/hc [ADDTechnioian U ------------------------------------------------------' $100.00/hr. CADDTechnidan | ------------------------------------------------------- $ 95.00/hc EXHIBIT B-2 RATES Page 1mf2 000uSiVn Envelope ID:9EoCE511-7557-481x+AO4C+\E013A13xa8T Page 2mf2 ProfessionalGecodentist.............................................................................................................................................$15O.00/hr. Safety/Environmental Technician U ---------------------------------------------$12[\O0/hc Safety/Environmental Technician | ---------------------------------------------.$I10.00/hc EnvironmentalScientist............................................................................................................................................................. $125.00/hc Construction Obsenar[V--------------------------------------------------- $165.00/hc Construction Observer III --------------------------------------------------- $I30.00/hc Construction Observer U ---------------------------------------------------. $12000/hc Construction Observer| ---------------------------------------------------' $110.00/hc ClericalIII .................................................................. ....................................................... ................................................... ..... $100.00/hr. ClericalU ..................................................................................................................................................................................... $ 90.00/hc Clerical | ............................. ............................................................................................ ................................. ......................... $ 75.00/hr. Survey : Professional Surveyor III ---------------------------------------------------'$24O.00/hc Professional Surveyor 11 ---------------------------------------------------' $225.00/hc Professional Surveyor| ---------------------------------------------------- $195.00/hc DirectorofSurveyParties--------------------------------------------------' $165.00/hr. Surveyorin Training..................................................................................................................................................................$14O.00/hr. Field Cnym(3-Man) ----------------------------------------------------' $285.00/hr. Field Crew(2-[Wan) ----------------------------------------------------' $200.00/hr. Reproduction work Prevailing commercial rates; Mileage current IRS rate per mile; Per them—current IRS rate; Subcontractors, Consultants, etc. Cost plus 10%; All other expenses Cost plus 10% Charges are due and payable within twenty(20) days after receipt of the invoice. Late payment may be charged an interest rate of 1.5Y6 per month of the unpaid balance. EXHIBIT B-2 RATES Page 2mf2 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 O '0O -0 -0 -O -0 -0n 0 -00 -0 4� 0 - - - . . - - - - LO CO V) 15 E- C� C� C� C� C? C� C� q CO m m0 co 0 0 0 0 CD LO C:) 0 6 Z) - 0 LO cy') N r 00 r N E 0' 0 c E Q) 0 C\I CD Lij -0 fl (D < CD 0 0 0 0 0 0 0 0 M r) r-) C) 0 0 0 E F- -L) 0 0 CD CD 00 0 0 0 0 m �:, > . . C� C� 0 q ca 00 U) co 0) 0 0 0 0 6 r-_ u 60- 0 U') 0 LO 0 N N Ln ll, m c LQ LO I-- U*) fo N l'- N0) E 1 6 cli In -i L6 d O m 69- U!)- tr)- 61), � 61> 60- � � 6q 0 OC 0 0 0 CD 0 CD 0 0 0 0 0 0 000 0 0 U), 60- CD C) 60- E!} LO 0 0 0 > 0 Lr� I-Q U') LO 0 N 61) 6s C4 6s C6 60- 613, ell 60- 6q Ld U z 0 0 00 0 0 0 0 Q 0 0 0 0 0 0 uj (j) O q O q O q q q m m m q O O q Q = a) 0 0 0 0 CD 0 0 0 0 0 C) 0 0 2 C) 0 64 U�, 0 U�, 61), 0 U�/ 0 50 0, LO LO LO LO 4) > C CO) 6q U), UJI rt 0 0 0 0 0 0 0 0 r-) M r) 0 0 0 0 0 o 0 0 0 o O o o ca co Go CD 0 0 o V06 (DUOOOOO OCDO LU � 0 6c, U�, 0 0 U�, 6p� 0 0C) 0 0 uj U*) LO LO U*) > C� C� u Yy z X LO 0 F- q CN m u ce) — LU Xs C14 T- 0 0 0 CD CD CD CD CD 00 0 0 CD CD 0 6 6 0 0 LO CD 0 C) NN LO a) CO) z z d 0 C� C� Il- LO CI4 0 to ti 04 rl- 0) 0 R, cli CO6 "r CNF 4.1 UJI Q) F- cq Ir:, 613- 603- to 6q 44 ta 40 T- Lu .2 -5- 0 4) 0 W > U — — R �j 4: -J a .- 0 0 0 0 0 0 C) C) 0 z 'R IL 0 0 0 0 0 0 (D 0 0 m m m oO O q Q) > 0 6 6 6 6 6 6 6 P- r 0 r- r- Q) Z _0 0 N 0 N f 0 CON co 00 Z 6q E 69- 6q 611, 69- 60- 60- 69, 0 T- 0 0 0 0 0 CDCDOODOCD 000 0 0 0 0 Ui 6 o 0 0 0 0 0 0 0 F- 0 C5 C5 6 z 61} 0 61} 61) 0 Q=k C\j 60=k C\j 0 N N 0 N EH> bq 60- 60, 61} 61} Q=k Z Zz 0 0 0 0 0 0 0 0 n n n 0 0 0 0 ca 0 q q O O O O O q m m m q O O O F- l.- Lp 0 0 0 0 CD 0 0 0 0 0 CD (/) Z Q) 0 0 0 0 0 0 U=� 611, 0 0 0 0 C,) 0 0 LO LO 0 CD C) 0 0 CD Z) uj 0 C4 N (6 C\� C4 (6 C4 C6 60- 69� 6c� 64 tF, 69- 60- U� V}- r, 0 m CL cz Z UJ U) q U) > (1) CO> C/) ILL Lu LLJ a Q (1) w U 5co (3) - Q) Q) ' cn c U- 01 Z! Q-) (A ca n a)U) CD -r- a) U- cn ui co U) 0 0 M (D (D 00 M M < >C/) , LL cn CL a 0 L- Q) M LU -0 M 75; < U) C: %- cn 0.2 E 5) U) 0 n —0 E U) 0 j _0 CL M (D .- 0 0 0 Ca n r) CO C) U) a n 0 U) U) cn co < Exhibit C Page 1 of 1 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must 1 Exhibit D Page 1 of 3 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 be prior to inception of agreement, have 3-year 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, with the exception of professional liability, which may be on a per claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and 2 Exhibit D Page 2 of 3 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Exhibit D Page 3 of 3 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 CZSUPPLIER NUMBER TO BE ASSIGNED BY-CTTY PURCHASING DIVISION City of CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. 1fthe question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: LNV, Inc. P. O. BOX: STREET ADDRESS: J801 Navigation Blvd.,Suite 300 CITY: Corpus Christi ZIP: 78408 FIRM IS: I. Corporation n 2. Partnership 8 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"finn." Name Title N/A --------------------------- 3. State the names of each"board member" of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named "finn." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant N/A EXHIBIT "E" Page I of 2 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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: Dan S. Leirendecker Title: president (rype or Print) Signature of Certifying Date: Person: January 13, 2020 . Y ,. mnw 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 I leads, and Municipal Court Judges of the City of Corpus Christi, Texas. f "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or- special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Paae 2 of 2 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 6—Bonds and Insurance .................................................................................................................10 Article 7—Contractor's Responsibilities.....................................................................................................10 Article 8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 10—OAR's and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work ....................................................13 Article 12—Change Management ..............................................................................................................13 Article13—Claims.......................................................................................................................................14 Article 14—Prevailing Wage Rate Requirements.......................................................................................16 Article 15—Cost of the Work; Allowances; Unit Price Work......................................................................16 Article 16—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work....................16 Article 17—Payments to Contractor; Set-Offs; Completion; Correction Period ........................................16 Article 18—Suspension of Work and Termination.....................................................................................16 Article 19—Project Management...............................................................................................................16 Article 20—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22—Final Resolution of Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24— Document Management..........................................................................................................17 Article25—Shop Drawings.........................................................................................................................17 Article26— Record Data .............................................................................................................................20 Article 27—Construction Progress Schedule..............................................................................................21 Article 28—Video and Photographic documentation ................................................................................21 Article 29— Execution and Closeout...........................................................................................................21 Article30—Miscellaneous..........................................................................................................................22 EXHIBIT F Page 1 of 22 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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. EXHIBIT F Page 8 of 22 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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; S) 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 000uSiVn Envelope ID:9EoCE511-7557-481x+AO4C+\E013A13xa8T 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 2O—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 (RF|) to the Designer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RF| for each item on the form provided. I. 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. 4 response will be made when adequate information is provided. Response will be made on the RF| form orin attached information. B. Response toan RF| 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 isrequired. EXHIBIT F Page 16 of 22 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 000uSiVn Envelope ID:9EoCE511-7557-481x+AO4C+\E013A13xa8T Submit any requested deviation that requires change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor isto resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process isclosed. 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 2G—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 2603 Contractor's Responsibilities 26.04 Record Data Requirements I6.05 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 26.0Zmay be rejected asunacceptable. Z. 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 isadequate. 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 DocuSign Envelope ID:9EDCE511-7557-481A-A04C-AE613A13AB37 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 1852 AGENDA MEMORANDUM Action Item for the City Council MeeU of July DATE: July 1. 2O2O TO: Peter Zononi. City Manager FROM: JeffH. Ednnunda, P. E., Director ufEngineering Services jeffnaye@octexua.cuno (301) 828-3851 Kim Baker. Director ofContracts and Procurement kinnb2@uctexaa.uonn (381) 828-3189 Master Services Agreement Subsurface Utility Engineering Services CAPTION: Motion authorizing a Master Services Agreement for Subsurface Utility Engineering Services to Hydro Ex' LILC for an amount up to $350'000 for term Of one-year with 8 one-year extension option tOb9 renewed administratively for Gn amount not to exceed $7OO.00O. with projects|OC8t9d Citywide. funding iS available through the Bond Program and FY2O28 Capital Improvement Program . SUMMARY: This motion approves 8 Master 89rviC8S Agreement (K8SA) to NvdnJ Ex. LLC to perform Subsurface Utility Engineering (GUE). FINDINGS:BACKGROUND AND Currently, Engineering Services has an M@Avith Cobb Fend|ey & /\eeociatee for SUE Services for the term of one-year for a not to exceed contract capacity of$350,000. The contract is at 85% capacity. Contract capacity will be depleted before contract expiration in January 2021. SUE services involve locating and identifying existing underground ud|iUga and any potential COOf|iCtS when iOSt@||iOg new ud|id8S. The COOSu|t@Ot iOv8Sdg3t8S uOd8FQn]uOd utility survey information including exact locations, depths, sizn, and material types. This information allows the design engineer to reduce the risk related to properly installing new uU|ib/ |inaa, upgradea, and other improvements in the most cost-effective locations. Survey information is collected according to the American Society ofCivil Engineers quality levels guidelines ranging from the lowest level of accuracy to the highest level ofaccuracy. The yNSA contract is for o one-year term with o one-year renewal option. Individual task orders will be issued within a not to exceed amount of $350,000 per year. Task orders will be administratively approved. COMPETITIVE SOLICITATION PROCESS Hydro Ex was selected for this service in July 2019 under RFQ 2019-01. SUE Services was one of seven Professional Services projects announced under the RFQ. Four firms submitted for the SUE project. Hydro Ex was one of the highest ranked firm. The selection committee consisted of representatives from Street Department, Utility 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 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. ALTERNATIVES: Not awarding this MSA will result in delays of the project and increases project cost. An alternative to awarding the contract is to amend each project contract requiring SUE services, delaying the construction of the project and impeding Council goals of completing Bond 2020 street projects in a timely manner and within budget. FISCAL IMPACT: The fiscal impact for FY 2020 is an amount of$350,000 to be funded through the Bond Program FY 2020 Utility Capital Program. Specific funding details will be determined at the time a task order is issued. FUNDING DETAIL: Not applicable. Funding will be available as projects are identified. RECOMMENDATION: Staff recommends approval of this motion to award this MSA to Hydro Ex, LLC in the amount of $350,000 for a one-year term with an option to renew the agreement for a one-year extension with a contract total not to exceed $700,000. The services are planned to start in July 2020 with completion in July 2021. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Contract N SCALE: N.T.S. CITYWIDE PROJECT , NUECES BAY a CHFW M H Q�Y[II 1M COBMIS CHRISM BAY T1 �nva�ir OSO BAY r nasrnnw' FItMIR aee UGIRU MADRE GULF OF MDOCO LOCATION MAP NOT TO SCALE Project Number: 19084A Subsurface Utility Engineering (SUE) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS Services DEPARTMENT OF ENGINEERING SERVICES N SCALE: N.T.S. VICINITY MAP NOT TO SCALE Project Number: 19084A Subsurface Utility Engineering (SUE) CITY COUNCIL EXHIBIT ,,,,.....� CITY OF CORPUS CHRISTI,TEXAS Services DEPARTMENT OF ENGINEERING SERVICES DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 ,us C SERVICE AGREEMENT NO. 2594 >4 E-4. MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES FOR PROJECT (No./Name) 19084A - SUE Services This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and HYDRO EX LLC, 802 Navigation Blvd., Suite 102, Corpus Christi, Texas, 78408 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER.....................................................................................2 ARTICLE 11 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 Pagel Rev. 20-5 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 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. The general scope for these Task Orders is outlined in Exhibit A. More specific scopes of work will be issued for pricing when a task order is needed. Task Orders shall become a 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. Consultant will perform the Services in accordance with the approved Scope of Services and with Consultant's response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 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 issued the fully executed Task Order 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. Page 2 Rev. 20-5 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 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. 1.10 For project with potential utility conflicts: 1.10.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.10.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement by Task Orders shall not exceed $350,000. 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 price Task Orders in accordance with Exhibit B, Rate Schedule, subject to approval by the City. 2.4 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. 2.5 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. 2.6 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. 2.7 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. Page 3 Rev. 20-5 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 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 Page 4 Rev. 20-5 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 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 Orders issued hereunder from the Effective Date of the Agreement until Task Orders are complete. 6.3 The term of this Agreement shall be for a period of one year beginning on the Effective Date, unless extended by authority of the City Manager or designee. The Agreement may be renewed for up to one year renewal option upon mutual agreement of the parties to be evidenced in writing prior to the expiration 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 Page 5 Rev. 20-5 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 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. 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 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 Page 6 Rev. 20-5 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 documents. 9.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non-value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within 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 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 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. Page 7 Rev. 20-5 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 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 settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3 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 30 or more than 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 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. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement 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. Page 8 Rev. 20-5 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 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—forml295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htm1. Page 9 Rev. 20-5 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 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 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 12.12 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally fails to comply with a requirement of that subchapter. 12.13 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. 12.14 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. 12.15 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything contained in any documents 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. 12.16 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color, religion, national origin, gender, disability or age. Page 10 Rev. 20-5 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 CITY OF CORPUS CHRISTI HYDRO EX LLC EDocuSigned by: om-i ft" 6/23/2020 Michael Rodriguez (Date) Davl livo (Date) Chief of Staff Vice President 802 Navigation Boulevard, Suite #102 Corpus Christi, Texas 78408 (361) 452-1375 Office dolivo@hydroexllc.com daniel@hydroexllc.com APPROVED AS TO LEGAL FORM Assistant City Attorney (Date) for City Attorney ATTEST Rebecca Huerta, City Secretary Page 11 Rev. 20-5 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 ,us C EXHIBIT A 1�4 EA. �5 SCOPE OF SERVICES Subsurface Utility Engineering (SUE) Scope of Services includes utility investigations subsurface and above ground, for Bond Streets and minor utility projects, prepared in accordance with AASHTO standards [ASCE C-1 38-02 (http://www.fhwa.dot.aov/programadmin/asce.cfm)] and Utility Quality Levels as follows. Utility Quality Levels are defined in cumulative order (least to greatest) as follows: 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. Includes Quality Level D information. If there are variances in the designated work area of Level D, a new schematic or plan layout will be necessary to identify the limits of the proposed project and the limits of the work area required for the work assignment; including roadway stations, limits within existing or proposed right of way, additional areas outside the proposed right of way, and distances or areas to be included along existing intersecting roadways. 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 are referenced to established survey control. Incorporates quality levels C and D information to produce Quality Level B. If there are variances in the designated work area of Level D, a new schematic or plan layout will be necessary to identify the limits of the proposed project and the limits of the work area required for the work authorization; including roadway stations, limits within existing or proposed right of way, additional areas outside the proposed right of way, and distances or areas to be included along existing intersecting roadways. Quality Level A - Locate (Test Hole): Three-dimensional mapping and other characterization data. This information is obtained through exposing utility facilities through test holes and measuring and recording (to appropriate survey control) utility/environment data. Incorporates quality levels B, C and D information to produce Quality Level A. Master Services Agreement DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 Al 16 nqdro Ex SURVEYING 4 ENGINEERING HYDRO A LAVA'"IIAA 4 CONSTRuciriON June 16, 2020 City of Corpus Christi SUE Services As a local business Hydro Ex is appreciative of the opportunity to continue providing SUE services for our emerging City. Hydro Ex executes all parts of SUE by utilizing both conventional and innovative methods. Hydro Ex utilizes new and existing technologies to accurately identify, characterize, and map underground utilities with three major activities including designating utilities, locating utilities, and data management, in accordance with methods for mitigating risks associated with uncertain underground information. Scope of services: Including utility investigations subsurface and above ground, for Bond Streets and minor utility projects, prepared in accordance with AASHTO standards (ASCE C-1 38-02) Utility Quality Levels are used to define the range of SUE provided. In cumulative order (least to greatest) they are: 1. Quality Level D - Existing Records: Utilities are plotted from review of available existing records 2. Quality Level C - Surface Visible Feature Survey: Quality Level "D" information from existing records is correlated with surveyed surface-visible features. 3. 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. 4. 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. For test hole data deliverables . Hydro Ex professional and technical staff are equipped with state of the art equipment including but not limited to: GPS, Robotic Total Stations, CADD, locating equipment. Hydro Ex staff are also certified by TEEX extension program for traffic control operations. Whenever the work will affect the movement of traffic or traffic safety, Hydro Ex will provide traffic control and utilize traffic control devices in conformance with the MUTCD standards, administered by the FHWA. Our operating procedures at Hydro Ex LLC guide our work ethic in completing the project. Hydro Ex is committed to eliminating risk and ensuring the integrity of project plans. Please do not hesitate to contact me at 361-774-1200 regarding any questions. Thank you. Respectfully, Daniel Olivo President iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillilliillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillilillillilI 802 N.Navigation Blvd.,Suite 102 Corpus Christi,TX 78408 P:(361)452-1375 F:(361)452-1376 Exhibit B Page 1 of 1 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 Ht4dro'' RIRVVE"t'ING ENGINEERING RYI RJR IIE'R10RRATION s COIR °TRRiRiIrIioN Unit Rate Project Manager HOUR $195 GIS Manager HOUR $165 Project Eng/Senior Utility Coordinator HOUR $170 Utility Specialist/Coordinator HOUR $120 CADD/SIT/GIS Tech HOUR $85 Clerical HOUR $50 SUE Tech I HOUR $85 SUE Tech II HOUR $95 Vac Truck and Crew HOUR $235 Hydrovac Truck and Crew DAY TBD Survey Crew HOUR $140 RPLS HOUR $175 Consumables and field expenses DAY COST+10 Exhibit B-1 Page 1 of 1 iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliilillillilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillillillillillilliillillillillillillilliillilliilillillillillillillillilliillillilillillilI 802 N.Navigation Blvd.,Suite 102 Corpus Christi,TX 78408 P:(361)452-1375 F:(361)452-1376 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 (D -.-0 �jo 0 - 0 C) C) 0 .-0 -.10 8-01 mC) C) CD C:) MU? M Ln T7 o N co d Q 0 0 CD 0 C) LO C) O ~ ~ ~ C) 0 0 m Z) -- 0 LC) M (N (Y) CI4 C: 0 E 0 C) CI4 • 0 (2) W -0 CL (3) < 0 0 0 0 C) 0 0 C) C) C) C) o 0 o O -j E 17-: 0 0 CD C) CD 0 0 C) C, C� C� Q. ca >1 > ca a) 0 0 C) 0 C) CD r-- C) rl- [I- m 0- Of 6c> 0 m Lon 0 CI4 CI4 Lon �t O u! r-- LO r-- LO CO 04 t- 04 0) E 12 IAI CML6 'i Ld � a� m U9, U9, 6c} 60- 64> 69- 69- Ufl, UJI 0 0 C) 0 CD 0 C:) C:) Q Q Q C:) C) CD C) CD C) 0 0 o q 0 C) 00 00 co C, q q q 7j C) 0 0 0 0.2 0 0 0 0 C) 0 0 * 0 0 0 U3, U3, C) C) C) C) 0 > C� Lr� Lr� LO m m m 0 114. r N 09 C4 U3, C6 uj UDI 0 0 0 0 C) 0 0 C) C) C) 0 0 0 0 0 LU O O O O o 0 C) C) m m m C) C) C) CD 0 0 C) 0 CD C) C) CD CD ci 6 C), 0 2 0 0 U�, Q91 CD U9, 61) 61) 0 61) 0 ,5 0 0 LO LO LO LO > Q. CIL = LU rX 0 0 0 0 C) 0 0 C) 0 C) 0 0 0 0 0 CD C) C) C) C� 0 0 0 . q co u 06 0 0 0 CD 0 CD 0 0 CD C) 6 6 6 6-, C=) 6-, 6-� C) 0 69- 60- 0 0 0 0 WWLO LO C) LO LO > C� - -4 0 U9, 69- zm z U9,11 LO Q Z .2 14 CI4 m N 0 Q 0 CD CD CD 0 0 ❑ an 0 0 CD CD ". 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R R R m m R R R Q 0 CD 0 0 CD Q 0 1-- 1-- 0 fl- I- 0 6 6 0 CD LO CD LO 0 N N le LO M* m m W z z 0 Ct C r- 0 N Q T- W r*- 04 1- to IL m 61), cli C6 csi -r� Ir: I-i C6 Ni NW0 U tf.,� tF, 61* Ube 61). 40 4a T- uj w .2c -5. 0 4) W L- > 0 0 0 0 CCD) C) 0 0 CD 0 0 0 0 jL C - N 0 0 0 IL 0 0 0 0 CD CD C) C) CD co co co C) C� C� C� > 0 C:) C) C:) C:) C) 6 ci r-� P- 0 P- Pl- C Z CD CI4 N Ln N I- 0 04 CD CN (D (0 04 (D CO E 69- U9, 60- 69- Ufl, U9, 69, T- 0 0 c) C:) CD C:) 0 CD Q Q Q 0 0 C) C) M M C) C) 0 0 C) 0 0 C) C) C) 0 C:) 0 0 C) 0 0 0 0 Z 6rj 0 6r� 6') CD 61), N 649, N 004 CN CN E Q) 6�1� 1611� 61). 60- UDI 61:� 61-:� Lu U. 0 0 0 0 0 C) 0 C) C) 0 C) 0 0 0 0 0 co 0 CD c) C:- c) C:) . q C) C) 0 0M 0 0 0 C) CD 0 0 CD 0 C) C) C) tq z Q) 0 0 0 0 C 0 69- 6 0- 0 0 0 0 uj 0 C4 C\i (6 C4 C4 (6 04 05 6,9- 614 U�, U9, U9, 69- U�, 69- U�, n, 60 Q U) u (n q > fr. in I W uj U) U) LL .. a) (n R (n (n c6 C U- 0 0 m — 421 n 0 4) m a) w .2 cn C: Fn cn �c j> a) CO 0 U) 4) i> 0 ?, (D 15 (D :p CO 0) c U) co < Li Z cu a- ch 0 c C: >, 0 7�; m o c:C: 4- U Ui "I) co to C: .0 Z- C: 0) "FO U) 0 0 cz 0 Z 06 j 0) _0 cu -0 m (D 0 =3 'a a) C) -0 0 0 ca a- n Fn () co a- -So Em 0 U) U) (n m < Z 1 Exhibit C Page 1 of 1 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 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 Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must 1 Exhibit D Page 1 of 3 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 be prior to inception of agreement, have 3-year 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, with the exception of professional liability, which may be on a per claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and 2 Exhibit D Page 2 of 3 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Exhibit D Page3 of 3 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 SUPPLIER NUMBER TO BE ASSIGNED BY ITY PURCHASING DIVISION City of- CITY OF CORPUS CHRISTI Corpus DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Olivo Hydro Ex LLC; dba Hydro Ex LLC P.O.BOX: STREET ADDRESS: 802 Navigation Blvd Ste 102 CITY: Corpus Christi, TexasZIP: 78408 FIRM IS: 1. Corporation 2. Partncrship 3. Solc Owner ❑ 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Job Title and City Department(if known) N/A 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Title N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Board, Commission or Committee N/A 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm." Name Consultant N/A EXHIBIT "E" Page 1 of 2 DocuSign Envelope ID: E7844CE3-E665-41 D2-ABA8-E083A5B55525 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: Z�)a,(-�0L� Title: Vice President (Type or Print) Signature of Certifying Z a)av-ed 0L-e Date: 2/24/2020 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT "E" Page 2 of 2 1852 AGENDA MEMORANDUM Action Item for the City Council MeeU of July DATE: July 14. 2U2O TO: Peter Zanuni. City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffraye@cctexen.com (301) 820-3851 Kim Baker. Director ofContracts and Procurement hirnb2@cctexaa.00nn (301) 828-3159 Master Service Agreement Professional Survey and Mapping Services CAPTION: Motion awarding a Master Service Agreement for Professional Survey and Mapping Services to Urban Engineering in an 8mUUnL Up to $150'000 per year and One renewal option to be administratively authorized for 8 total amount not to exceed $300.000. with projects |0CGt8d citywide, funding available through the FY 2020 Utility Capital Program and Bond Program. SUMMARY: This 0OLiOO approves 8 Master Service Agreement (yN8A) contract for prOfeSSiOO8| survey and mapping services with Urban Engineering to provide as-needed professional survey and mapping S9rviC8S in support OfCity projects including Stn98tS. t3Ci|iU8S. and other projects |OC8t9d citywide. FINDINGS:BACKGROUND AND Currently, Engineering Services has an K4GAVVith Urban Engineering to provide survey and Ol8ppiOQ Sen/iDeS for the City. This contract will expire in SeoteDlbe[2O2O. The utilization of these services will be determined by the size, time sensitivity, and requirements of each individual project. Services tube provided by this MSA may include but not limited to: * plat descriptions w survey descriptions w easement exhibits * delineating right of way and * wetland delineation The MSA contract is for a one-year term with a one-year administrative renewal option. Individual task orders will be issued within a not to exceed amount of$150,000 per year. Task orders will be administratively approved. COMPETITIVE SOLICITATION PROCESS Urban Engineering was selected for the Professional Survey and Mapping Services project in March 2020 under RFQ 2667. Professional Surveying and Mapping Services was one of eight Professional Engineering Services projects announced under the Engineering Services Department Category of the RFQ. Seven firms submitted for the Professional Survey and Mapping Services project. Urban Engineering was the highest ranked firm. The selection committee consisted of representatives from Engineering Services. Firms were ranked based on five factors: 1) firm's experience and qualifications of firm, 2) experience and qualifications of the project manager and key staff, 3) project approach and management plan, 4) respondent capacity, and 5) respondent past performance. ALTERNATIVES: Not awarding this MSA will result in delays and increased cost for both design and construction. An alternative to awarding the contract is to amend each project requiring surveying or mapping services which may cause delays to the construction of the project. FISCAL IMPACT: The fiscal impact for FY 2020 is an amount of$150,000 for a one-year term with funding available through the FY 2020 Utility Capital Program and Bond Program. FUNDING DETAIL: Funding will be allocated from appropriate fund sources as the various projects are identified. RECOMMENDATION: Staff recommends approval of this motion to award this MSA to Urban Engineering in the amount of$150,000 for a one-year term with an option to renew the agreement for a one-year extension with a contract value not to exceed $300,000. The services are planned to start in July 2020 with completion in July 2021. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Contract N SCALE: N.T.S. CITYWIDE PROJECT NUECES BAY a N . 4 CW%CHNIg3ITI 6 A M H Q�Y[II 1M COBMIS CHRISM BAY T1 �nva�ir OSO BAY aimp � FItHIR aee UGIRU MADRE GULF OF ME)OCO LOCATION MAP NOT TO SCALE Project Number: 20M0003 Professional Survey and Mapping CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS Services DEPARTMENT OF ENGINEERING SERVICES N SCALE: N.T.S. AERIAL MAP NOT TO SCALE Pro'ect Number: 20M0003 Professional Survey and Mapping CITY COUNCIL EXHIBIT ,,,,.....� CITY OF CORPUS CHRISTI,TEXAS Services DEPARTMENT OF ENGINEERING SERVICES DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B ,us C 0 A mi >4 SERVICE AGREEMENT NO. 3049 MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES FOR PROJECT 20M0003-PROFESSIONAL SURVEY AND MAPPING SERVICES This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized City Manager or designee and URBAN ENGINEEERING, 2725 Swantner, Corpus Christi, Texas 78404 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER.....................................................................................2 ARTICLE 11 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 Pagel Rev. 20-5 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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. The general scope for these Task Orders is outlined in Exhibit A. More specific scopes of work will be issued for pricing when a task order is needed. Task Orders shall become a 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. Consultant will perform the Services in accordance with the approved Scope of Services and with Consultant's response to the Request for Qualifications related to this project, which response is incorporated by reference into this Agreement as if set out here in its entirety. 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 issued the fully executed Task Order 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. Page 2 Rev. 20-5 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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. 1.10 For project with potential utility conflicts: 1.10.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts. 1.10.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City. ARTICLE II — COMPENSATION 2.1 The Compensation for all services included in this Agreement by Task Orders shall not exceed $150,000. 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 price Task Orders in accordance with Exhibit B, Rate Schedule, subject to approval by the City. 2.4 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. 2.5 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. 2.6 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. 2.7 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. Page 3 Rev. 20-5 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 Page 4 Rev. 20-5 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 Orders issued hereunder from the Effective Date of the Agreement until Task Orders are complete. 6.3 The term of this Agreement shall be for a period of one year beginning on the Effective Date, unless extended by authority of the City Manager or designee. The Agreement may be renewed for up to one year renewal option upon mutual agreement of the parties to be evidenced in writing prior to the expiration 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 Page 5 Rev. 20-5 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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. 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 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 Page 6 Rev. 20-5 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B documents. 9.2 The City may assert a claim against the Consultant's professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 9.3 When the City incurs non-value added work costs for change orders due to design errors or omissions, the City will send the Consultant a letter that includes: (1) Summary of facts with supporting documentation; (2) Instructions for Consultant to revise design documents, if appropriate, at Consultant's expense; (3) Calculation of non-value added work costs incurred by the City; and (4) Deadline for Consultant's response. 9.4 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant's sole cost if, in the City's judgment, the Consultant generates excessive addenda, either in terms of the nature of the revision or the actual number of changes due to the Consultant's errors or omissions. 9.5 The City may withhold or nullify the whole or part of any payment as detailed in Article II. ARTICLE X— CONSULTANT REMEDIES 10.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national emergency, acts of the public enemy, governmental restrictions, laws or regulations or any other causes beyond Consultant's and City's reasonable control, an extension of the Project schedule in an amount equal to the time lost due to such delay shall be Consultant's sole and exclusive remedy. The revised schedule should be approved in writing with a documented reason for granting the extension. 10.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as provided in this Agreement. ARTICLE XI — CLAIMS AND DISPUTE RESOLUTION 11.1 Filing of Claims 11.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events, shall be made by Written Notice delivered by the party making the Claim to the other party within 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 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 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. Page 7 Rev. 20-5 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 settlement negotiations for purposes of applicable rules of evidence. 11.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising out of or related to this Agreement through discussions directly between those senior management representatives within their respective organizations who have overall managerial responsibility for similar projects. This step shall be a condition precedent to the use of mediation. If the parties' senior management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a written notice of such dispute, then the Parties shall proceed with the mediation process contained herein. 11.2.3 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 30 or more than 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 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. This Agreement is to perform a governmental function solely for the public benefit. Nothing in this Agreement 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. Page 8 Rev. 20-5 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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—forml295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htm1. Page 9 Rev. 20-5 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were physically included herein. 12.12 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly or intentionally fails to comply with a requirement of that subchapter. 12.13 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. 12.14 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. 12.15 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything in any documents 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. 12.16 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 URBAN ENGINEERING WEDocuSignedby: �t b XS 06AAA, 6/3/2020 Michael Rodriguez (Date) Rho es--------- Ip" Urban, P.E., R.P.L.S. (Date) Chief of Staff Principal-in-Charge 2725 Swantner. Corpus Christi, Texas 78404 (361) 854-4147 Office chipu@urbaneng.com APPROVED AS TO LEGAL FORM L DocuSigned by: wL" 6/3/2020 Asses ant I y Attorney (Date) for City Attorney Page 10 Rev. 20-5 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B ATTEST Rebecca Huerta, City Secretary Page 11 Rev. 20-5 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B PROJECT SCOPE Professional Survey and Mapping Services This contract includes on-call services for surveying and mapping for various City projects. Work includes creating metes and bounds, plat descriptions, survey descriptions, easement exhibits, delineating ROW, locating survey stakes, wetland delineation, etc. EXHIBIT A Page 1 of 1 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B URBAN ENGINEERING SCHEDULE OF RATES -2020 Engineering Hourly Surveying Hourly Rates Rates Engineering Tech 1 $ 701.00 Survey Tech 1 $ 50.00 Engineering Tech It $ 85.00 Survey Tech 11 $ 75.00 Engineering Tech III $ 105,00 UAV Specialist $ 95,00 Engineering Tech IV $ 130.00 CIS Specialist $ 105.00 Platting Specialist $ 110.00 Engineer I (EIT) $ 100.001 Engineer 11 (EIT) $ 110.00 Surveyor I (SIT) $ 95-00 Engineer III (PE) $ 11,40.00 Surveyor It (RPLS) $ 120.00 Engineer IV(PE) $ 155,00 Surveyor It( (RPLS) $ 175.00 Engineer V(PE) $ 190-00 Surveyor IV(RPLS) $ 180.00 Engineer VII! (PE) $ 200.00 Engineer Vill (PE) $ 250.00 Survey Operations Manager $ 115.00 1-Men Field Crew * $ 105.00 Principal/Engineer $ 260.00 2-Men Field Crew * $ 150-00 3-Men Field Crew * $ 195.00 UAV Flight Crew $ 250,00 Sr.Administrative Asst $ 95-00 Survey Administrative Asst $ 80.00 Utility Vehicle/ATV $ 150.00 per day Administrative Asst $ 75,.00 Line Locator $ 100.00 per day Print Clerk $ 50,00 Survey Boat $ 450.00 per day Depth Sounder $ 45.00 per day P.E.-Registered Professional Engineer S.I.T.-Surveyor in Training R.P.L.S-Registered Professional Land Surveyor *When Robotics are used on projects,it will be billed as an additional crew member. For services in court providing expert testimony,depositions or courtroom testimony,time spent will be billed at 150%of hourly rate plus travel and per them as applicable. EXPENSES: Travel Expenses,-mileage(other than rental car beyond a 30-mile radius from office)@$0.58/mile In-house Reproduction-at prevailing commercial rates Outside consultants and technical services-at cost plus 15%for handling All other expenses-at cost plus 15%for handling when it becomes necessary for an employee to remain overnight the following fees will apply: • Lodging wil I be billed to the client at cost+ 10% • Applicable per day per them fees+10% MLLINGSIPAYMENTS Invoices for LIE's services shall be submitted,at UE option,either upon completion of such services or on a monthly basis.Invoices shall be payable upon receipt and are considered late 30 days after the invoice date,When Clients have multiple open invoices,payments wiiI be applied to the oldest invoice(s)first.If the invoice is not paid within 30 days,LIE may,without waiving any claim or right against the Client,and without liability whatsoever to the Client,terminate the performance of the service. Retainers shall be credited on the final invoice. These rates are subject to periodic review and change. Proper notification will be given of any rate schedule changes as they may become necessary, Rates are typically adjusted annually. (361),854-3101 2725 SWANTNER DR, m CORPUS CHRIs,ri,TEXAS 7B404 FAX(361)854-6001 www.urbaneng.coim EXHIBIT B TBPE Firm#1145 TBPLS Firm#10032400 PAGE 1 OF 1 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B (D -.-0 �jo 0 - 0 C) C) 0 .-0 -.10 8-01 mC) C) CD C:) MU? M Ln T7 o N co d Q 0 0 CD 0 C) LO C) O ~ ~ ~ C) 0 0 m Z) -- 0 LC) M (N (Y) CI4 C: 0 E 0 C) CI4 • 0 (2) W -0 CL (3) < (3) 0 0 0 0 C) 0 0 0 C) C) C) -j E 17-: -T) 0 0 CD 0 CD 0 0 C) C, C� C� Q. ca >1 > ca a) 0 0 C) 0 C) CD r-- C) rl- [I- m 0- Of 6c> 0 m Lon 0 CI4 CI4 Lon �t O u! r-- LO r-- LO CO 04 t- 04 0) E 12 IAI CML6 'i Ld � a� m 60- 64> 69- 69- Ufl, UJI 0 0 C) 0 CD 0 C:) C:) Q Q Q C:) C) CD C) CD C) 0 0 o q 0 C) 00 00 co C, q q q -4 7j 0 0 C) 0 0 0 0 1.2 0 0 0 0 C) Iq * 0 0 0 U3, U3, C) C) C) C) 0 > C� Lr� Lr� LO m m m 0 114. r N 09 C4 U3, C6 uj UDI 0 0 0 0 C) 0 0 C) C) C) 0 0 0 0 0 LU O O O O o 0 C) C) m m m C) C) C) CD 0 0 C) 0 CD C) C) CD CD ci 6 C), 0 2 0 0 U�, Q91 CD U9, 61) 61) 0 61) 0 ,5 0 0 LO LO LO LO > Q. CIL = LU rX 0 0 0 0 C) 0 0 C) 0 C) 0 0 0 0 0 CD C) C) C) C� 0 0 0 . q co u 06 0 0 0 CD 0 CD 0 0 CD C) 6 6 6 .3 6-, C=) 6-, 6-� C) 0 69- 60- 0 0 0 0 WWLO LO C) LO LO > C� - -4 0 U9, 69- zm z U9,11 LO Q Z .2 14 CI4 m N 0 Q 0 CD CD CD 0 0 ❑ an 0 0 CD CD ". CD w X o 0 0 R CD. R R R m m R R R Q 0 CD 0 0 CD CD CD t- 1-- 0 fl- I- 0 6 6 o CD LO CD LO 0 N N le LO M* m m W z z 0 Ct C t*- Ln CN Q T- W r*- 04 1- to M 61), cli C6 csi -r� Ir: I-i C6 Ni NW0 U tf.,� tF, 61* Ube 61). 40 4a T- uj w .2c -5. 0 4) W L- > 0 0 0 0 CCD) C) 0 0 CD 0 0 0 0 jL C - N 0 0 0 IL 0 0 0 0 CD CD C) C) CD co co co C) C� C� C� > 0 C:) C) C:) C:) C) 6 ci r-� P- 0 P- Pl- C Z CD CI4 N Ln N I- 0 04 CD CN (D (0 04 (D CO Z3 E 69- U9, 60- 69- Ufl, U9, 69, Z 0-.� T- 0 U — 0 0 c) 0 CD C:) 0 CD 0 0 C) C) M M 0 00 0 00 0 C) C) C) 0 C:) 0 0 C) 0 0 0 0 Z 6rj 0 6r� 6') CD 61), N 649, N 004 CN CN E Q) 6�1� 1611� 61). 60- UDI 61:� 61-:� Lu U. 0 0 0 0 0 C) 0 C) C) 0 C) 0 0 0 0 0 co 0 CD c) C:- c) C:) . q C) C) 0 0M 0 0 0 C) CD 0 0 CD 0 C) C) C) tq z Q) 0 0 0 0 C) 0 69- 60- 0 0 0 0 U) V) CD CD CD C) C) 0 uj 0 C4 C\i (6 C4 C4 (6 04 05 6,9- 614 U�, U9, U9, 69- U�, 69- U�, n, 60 Q U) u (n q > fr. in I W uj U) U) LL .. a) (n R (n (n c6 U- 0 0 m — 421 to n 0 4) m a) w .2 cn C: Fn cn �c j> a) CO 0 U) 4) i> 0 ?, (D 15 (D �p CO 0) c U) M < Li Z cu a- ch 0 c C: >, 0 7�; m C: 4- U Ui "I) C: .0 Z- C: 0) "FO U) 0 0 cz 0 Z 06 j 0) _0 cu -0 m (D 0 =3 'a a) C) -0 0 0 ca a- n Fn () co a- -So Em 0 U) U) (n m < Z 1 Exhibit C Page 1 of 1 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 Engineering Services with the signed agreement a copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability including: $1,000,000 Per Occurrence 1. Commercial Broad Form $2,000,000 Aggregate 2. Premises — Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) If claims made policy, retro date must 1 Rev 01/20 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B be prior to inception of agreement, have 3-year 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, with the exception of professional liability, which may be on a per claims made basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. Consultant is required to provide City with renewal Certificates. 1.5 Consultant is required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Consultant shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Engineering Services P.O. Box 9277 Corpus Christi, TX 78469-9277 1.6 Consultant agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: 1.6.1 List the City and its officers, officials, employees and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City with the exception of the professional liability/Errors & Omissions policy; 1.6.2 Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; 1.6.3 Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation or non-renewal of coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. 1.7 Within five (5) calendar days of a suspension, cancellation or non-renewal of coverage, Consultant shall provide a replacement Certificate of Insurance and 2 Rev 01/20 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor's performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 3 Rev 01/20 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B ' - SUPPLIER NUMBER TO BE ASSIGNED BYZ`,ITY— �_ PURCHASING DIVISION City f CITY OF CORPUS CHRISTI Corpuuss City DISCLOSURE OF INTEREST Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: Urban Engineering P.O.BOX: STREET ADDRESS: 2725 Swantner CITY: Corpus Christi ZIP: 78404 FIRM IS: 1. Corporation 8 2. Partnership ® 3. Sole Owner ❑ 4. Association 5. Other DISCLOSURE(QUESTIONS If additional space is necessary,please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Job Title and City Department(if known) NIA 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Title NIA 3. State the names of each"board member" of the City of Corpus Christi having an"ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Board,Commission or Committee NIA 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3%or more of the ownership in the above named"firm." Name Consultant NIA EXHIBIT "E" Pa me 1 of 2 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 em loyee that is distinguishable from the effect that the action will have on members of the public in genera�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: Rhodes "Chip" Urban, P.E., R.P.L. ,Title: Authorized Representative (Type or Prnn Signature of Certifying ate: f 2Z Z 0 Person: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi,Texas. b. "Economic benefit". An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis,but not as an independent contractor. d. "Firm." Any entity operated for economic gain, whether professional,industrial or commercial, and whether established to produce or deal with a product or service,including but not limited to,entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation,joint stock company,joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers,Department and Division Heads,and Municipal Court Judges of the City of Corpus Christi,Texas. f. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." g. "Consultant."Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. EXHIBIT 46V Page 2 of 2 DocuSign Envelope ID:0au154E2-040B-4CE-889p-Oo598A4a1»e Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects ne|mted to design services Table ofContents Page Article 1—Definitions and Terminology .......................................................................................................2 Article2—Preliminary Matters.....................................................................................................................8 Article 3—Contract Documents: Intent, Requirements, Reuse...................................................................8 Article 4—Commencement and Progress of the Work................................................................................9 Article 5—Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions ..............9 Article 5—Bonds and Insurance .................................................................................................................1O Article 7—Contractor's Responsibilities.....................................................................................................10 Article8—Other Work at the Site...............................................................................................................10 Article 9—Owner's and OPT's Responsibilities...........................................................................................10 Article 1U—O4Rs and Designer's Status During Construction ..................................................................11 Article 11—Amending the Contract Documents; Changes in the Work ....................................................13 Article lZ—Change Management ..............................................................................................................13 Articlel3—Claims.......................................................................................................................................14 Article l4—Prevailing Wage Rate Requirements.......................................................................................16 Article lG—Cost of the Work; Allowances; Unit Price Work......................................................................16 4rtidel6—Testsand |nspectons; Cornection, Remova[ orAcceptanceofDefectkmVVork------..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 2O—Project Coordination................................................................................................................16 Article 21—Quality Management...............................................................................................................17 Article 22—Final Resolution nf Disputes....................................................................................................17 Article 23—Minority/MBE/DBE Participation Policy..................................................................................17 Article 24—Document Management..........................................................................................................17 Article2G—Shop Drawings.........................................................................................................................17 Article 26—Record Data -----------------------------------------'2O Article Z7—Construction Progress Schedule..............................................................................................Z1 Article 28—Vldeo and Photographic documentation --------------------------'Z1 Article Z9—Execution and Closeout...........................................................................................................Z1 Article30—Miscellaneous..........................................................................................................................Z3 EXHIBIT IF DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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. EXHIBIT F Page 8 of 22 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:0au154E2-040B-4CE-889p-Oo598A4a1»e 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 16.03. 9.09 Limitations on0PT'sResponsibilities 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 Paragraph5.06 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 toSite 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 ofissues or concerns and OAR is to work with Contractor to address these issues or concerns. Designers visits and observations are subject to the limitations on Designer's authority and responsibility described in Paragraphs 9.09and 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. 0AR's visits and observations are subject to the limitations on OAR's authority and responsibility described in Paragraphs9.O9 and 10.07. EXHIBIT F Page 11 of 22 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E. Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.13 that indicates that the Shop Drawing process is closed. F. Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26—RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor's Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer's Responsibilities A. Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1. Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2. Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B. Designer may take the following action in processing Record Data: 1. File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of "Filed as Received" and no further action is required on that Record Data. 2. Reject the Record Data for one of the following reasons: a. The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop EXHIBIT F Page 20 of 22 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 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 DocuSign Envelope ID:6B2154E2-046B-4C4E-889F-OD598A4B177B 29.02 Final Inspections A. Notify the Designer when: 1. Work has been completed in compliance with the Contract Documents; 2. Equipment and systems have been tested per Contract Documents and are fully operational; 3. Final Operations and Maintenance Manuals have been provided to the Owner and all operator training has been completed; 4. Specified spare parts and special tools have been provided; and S. Work is complete and ready for final inspection. B. OPT will visit the Site to determine if the Project is complete and ready for Final Payment within a reasonable time after the notice is received. C. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. D. Take immediate steps to correct Defective Work. Notify the Designer when Defective Work has corrected. OPT will visit the Site to determine if the Project is complete and the Work is acceptable. Designer will notify the Contractor that the Project is complete or will notify the Contractor that Work is Defective. E. Submit the Request for Final Payment with the closeout documents described in Paragraph 29.06 if notified that the Project is complete and the Work is acceptable. ARTICLE 30—MISCELLANEOUS END OF SECTION EXHIBIT F Page 22 of 22 s c° NCORPORA� AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 28, 2020 DATE: July 21, 2020 TO: Peter Zanoni, City Manager FROM: Richard Martinez, Director of Public Works/Street Operations Richard M5(c-)cctexas.com (361) 826-3419 Kim Baker, Director of Contracts and Procurement KimB2 cctexas.com (361) 826-3169 Mowing and Grounds Maintenance for Storm Water CAPTION: Resolution authorizing two, three-year service agreements for mowing and grounds maintenance of storm water median rights-of-way throughout the City with each of the following vendors: Cutrite, LLC., San Antonio, Texas in an amount not to exceed $216,486.00 and Dorame General Repair and Lawn, LLC, Corpus Christi, Texas in an amount not to exceed $218,400.00, with funding in an amount of $35,710.00 available through the FY 2020 Storm Water Fund. SUMMARY: This resolution authorizes two, three-year service agreements for the mowing and grounds maintenance of Storm Water Groups 5A1, 5A2 and 1A. These services are necessary to maintain the highly visible, high traffic storm water areas. BACKGROUND AND FINDINGS: The mowing and grounds maintenance for Storm Water areas assists in ensuring that the medians of each site are safe, secure and presentable. Currently, these services have been performed under various contracts and by staff, pending the award of these two long-term contracts. Due to the recent department transition, areas have been reassigned to Public Works' Storm Water for the management of these three different packages and won by two different vendors. These Contracts expire in 2023. The Contracts and Procurement Department conducted a competitive Request for Bid process to obtain bids for new long-term contracts. The City received seven bids, five of which were responsive and is recommending award to the lowest responsive, responsible bidders, Cutrite, LLC for Group 5A1 and Dorame General Repair and Lawn, LLC for Group 5A2 and Group 1A. The locations, acreage, number of cycles and awarded vendors are displayed in the table below. GROUP5AI Acreage Cycles Vendor Saratoga Medians 20 Cutrite LLC and ROW Id Rd. To Calle Cuernavaca 23.09 A�rs................ =t to Saratop....................................................... 0.42 20 Cutrite LLC Total 23.51 20 Cutrite LLC GROUP 5A2 Acreage Cycles Vendor --------------------------------------------------------I------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------ Tinseltown to end of sidewalk, S. of 20 Dorame Saratoga End of sidewalk S. of Saratoga New Crosstown to Civitan 3.19 ...........................................................................................I.................................................1.................................................................................................. SPID to Port turnaround, Port 20 Dorame --Crosstown---------------------turnaround to Horne w/tria-n-g-le at Ayers----------------------------433---------------------------------------------------------------------------------------------------------------------------- 20 Dorame Staples Oso Creek to Saratoga 4.43 ..................................................................................... 20 Dorame Weber 2.76 ..................................................................................... .............................................................................................................................................................................................................................................. ................................................................................................................................................................................................................................................ Total 14.71 20 Dorame GROUP 1A Acreage Vendor Country Club Country Club @ 4500 1-37/South 20 Dorame Median Side 0.11 Elmore Circle 3744 Elmore @ Brooks 0.03 20 Dorame Macleod Circle Macleod @ 400 Bartlett 0.12 20 Dorame Yerby Circle 400 Yerby St. 0.01 20 Dorame Morgan/Baldwin 20 Dorame Triangle Morgan Baldwin @ Osage 0 .19 RTA Greenwood West intersection of Greenwood & 20 Dorame Triangle Port St. 0.03 Highland Corner of Highland & Buford on SE 20 Dorame Triangle side of Street 0.04 Corners of Cortez, Tampico & Galvan 20 Dorame Cortez Triangle St. 0.05 SE corner of Post/Eastern & Old 20 Dorame Airport Triangle Brownsville Rd. 0.04 20 Dorame East/West side between Agnes/Laredo to R/R tracts and Agnes & Laredo middle of expressway 0.66 Del Mar Corner of Airport/Old Brownsville & 20 Dorame Triangles Morgan St. (5 triangles) 0.94 20 Dorame 19th and Morgan Islands on 19th St. (2 triangles) 0.03 2000 Blk Baldwin SW side Riggins to 20 Dorame Baldwin ROW pass Cloyde to Winstead Build 0.12 Hampshire St. to McBride- Access 20 Dorame IH 37 Rd. 0.81 Navigation to Port St.-Access Rd. 20 Dorame IH 37 both sides 6.21 Old Brownsville Airport to Navigation w/side, 20 Dorame Rd. Navigation to NPID 2 sides 5.11 Santa Elena to Baldwin, Baldwin 20 Dorame Airport Rd. W/side, Beacon E/side 0.37 Total 14.87 20 Dorame ALTERNATIVES: An alternative would be to hire City staff and purchase additional equipment to do the work in-house. Based on previous expenditures through Public Works, to execute the same or similar work with in-house crews would be an estimated startup cost of $468,546.90 and an estimated $249,866.88 for yearly salaries and benefits. Currently the department does not have the appropriate staffing levels or equipment to maintain the areas. FISCAL IMPACT: The fiscal impact for Public Works in FY 2020 is an estimated amount of $35,710.00 for these three-year service agreements. The remaining estimated $399,176.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4300 Storm Water Organization/Activity: 32001 St Wtr Park and Rec Mission Element: 043 Drainage infra-surface/pipes Project # (CIP Only): N/A Account: 530225 Mowing and Grounds Maintenance RECOMMENDATION: Staff recommends approval of this resolution authorizing three, three-year service agreements to Cutrite, LLC. for Group 5A1 and Dorame General Repair and Lawn, LLC for Group 5A2 and 1A as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabulation Service Agreements Resolution authorizing two, three-year service agreements for mowing and grounds maintenance of storm water median rights-of- way throughout the City with each of the following vendors: Cutrite, LLC., San Antonio, Texas in an amount not to exceed $216,486.00 and Dorame General Repair and Lawn, LLC, Corpus Christi, Texas in an amount not to exceed $218,400.00, with funding in an amount of $35,710.00 available through the FY 2020 Storm Water Fund. WHEREAS, the services to be provided by the selected contractors have been competitively bid based upon and in accordance with a procurement method authorized by State law and the Charter of the City of Corpus Christi ("City"); WHEREAS, the City received bids for mowing and grounds maintenance for Storm Water Groups 5A1, 5A2 and 1A, in response to Bid No.2948 of which only the lowest responsive, responsible bidder may be awarded a mowing and grounds maintenance services contract ("contract"); WHEREAS, state law provides that, if the competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder that provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders in its bid documents for Bids No.2948 that contracts would be awarded to the lowest responsive, responsible bidders; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Storm Water Group 5A1 is Cutrite, LLC. of San Antonio, Texas, for an amount not to exceed $216,486.00 and; WHEREAS, the City Council finds that the lowest responsive, responsible bidder awarded a contract for Storm Water Groups 5A2 and 1A is Dorame General Repair & Lawn, LLC, of Corpus Christi, Texas, for an amount not to exceed $101,400.00 and $117,000.00 respectively and; WHEREAS in the event the lowest responsive, responsible bidder of any group fails to execute the awarded contracts or fails to perform under a contract for any awarded item, the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term with the next lowest bidder, in succession, in order to secure replacement for mowing and grounds maintenance services for the City. Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council finds that the foregoing preamble language stated in this resolution to be true and correct and adopts such findings for all intents and purposes related to the authorizations of each of the procurements that are the subject of this resolution. Section 2. The City Council finds that Cutrite, LLC., is the lowest responsive, responsible Page 1 of 3 bidder for Storm Water Group 5A1 and is awarded a contract for an amount not to exceed $216,486.00, as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 3. The City Council finds that Dorame General Repair& Lawn, LLC is the lowest responsive, responsible bidder for Storm Water Groups 5A2 and 1A and is awarded a contract for an amount not to exceed $101,400.00 and $117,000.00, respectively as shown in the bid tabulation sheet, the content of which is incorporated into this resolution by reference as if fully set out here in its entirety. Section 4. The City Manager, or designee, is authorized to execute service agreements with the lowest responsive, responsible bidders in accordance with the terms and conditions stated in Bid No.2948. Furthermore, in the event the lowest responsive, responsible bidder fails to execute the contract for the respective awarded group(s) or fails to perform under an executed contract for the awarded group(s), the City Manager, or designee, is authorized to execute a contract for the remainder of the contract term for any group number with the next lowest responsive, responsible bidder per respective bid group, in succession, in order to secure replacement mowing and grounds maintenance services for the City. Page 2 of 3 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 Page 3 of 3 BID TABULATION CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT MOWING AND GROUNDS MAINTENANCE FOR STORM WATER GROUPS 5A1,5A2 AND 1A BUYER:CINDY RAMOS Juan A.GaInarez dba Dorame General Repair& Turnkey Lawn Care and Cutrite,LLC 2Chainz Brush Clearing Tony's Lawn Service Lawn LLC Services,LLC *WCD Enterprises, PRICE EXTENDED' UNIT EXTENDEDUNIT E EXTENDED UNIT I EXTEh ITEM DESCRIPTION CITY UNIT UNIT EXTENDED UNIT UNIT EXTENDED COST PRICE,, COST PRICE COST PRICE COST PRICE COST PRICE Coll Group 5A1 Year 1 20 Cycle 3,502.00 $ 70,040.00 $4,114.25 $ 82,285.00 $ 4,819.00 $ 96,380.00 $4,900.00 $ 98,000.00 $4,702.00 $ 94,040.00 1 Group M1 Year 2 211 Cycle $ 3,607.05 $ 72,141.00 $4,114.25 $ 82,285.00 $ 4,819.00 $ 96,380.00 $4,900.00 $ 98,000.00 $4,937.00 $ 98,740.00 Group 5A1 Year, 20 Cycle $ 3,715.25 $ 74,305.00 $4,114.25 $ 82,285.00 $ 4,819.00 $ 96,380.00 $4,900.00 $ 98,000.00 $ 5,185.00 $103,700.00 $ 216,486.00 1$ 246,855.00 $289,140.00 $ 294,000.00 $296,480.00 Dorame General Repair& Juan A.GaInarez dba Turnkey Lawn Care and Lawn LLC Cutrite,LLC Tony's Lawn Service 2Chainz Brush Clearing Services,LLC *WCD Enterprises, T EXTENDED UNIT EXTJE DIED UNIT. EXTENDED UNIT EXTENDED UNIT EXTENDED UNIT EXTEh ITEM DESCRIPTION CITY UNIT' UNIT-PRICE N T COST, PRICE COST PRICE, COST PRICE COST PRICE COST PRICE Coll 000 Group 5A2 Year 1 20 Cycle $ 1!r 820.00 !$�2,574.00 $ 51,480.00 $ 3,000.00 $ 60,000.00 $ 2,942.00 $ 58,840.00 ,69):6060 13 W0.00 $2,191.00 $ 43, 2 Group 5A2 Year 2 20 Cycle $ $ 53!"00.00 $2,256.00 $ 45,120.00 $ 2,574.00 $ 51,480.00 $ 3,000.00 $ 60,000.00 $ 3,089.00 $ 61,780.00 Group�5A2 Year 3 20 Cycle $ 1,690.001$ 33,800.00 $2,323.00 $ 46,460.00 $ 2,574.00 $ 51,480.00 $ 3,000.00 $ 60,000.00 $ 3,244.00 $ 64,880.00 $ 101,400.00 $ 135,400.00 $154,440.00 Dorame General Repair& Juan A.GaInarez dba Turnkey Lawn Care and Lawn LLC 2Chainz Brush Cutrite,LLC Tony's Lawn Service Services,LLC *WCD Enter rises, I TENDED, UNIT I I I NIT EXTENDED I EXTENDED UNIT' ITEM DESCRIPTION CITY UNIT UNIT PRICE UNIT WENDED EXTO COST, PRICE COST, PRICE COST i PRICE COST PRICE C06T PRICE COI Group 1A Year 1 20 Cycle 1,950.00 $ 39,000.00 $1,950.00 $ 39,000.00 $ 2,215.00 $ 44,300.00 $ 2,899.00 $ 57,980.00 $ 2 4 3!274 0 1$ 59800 123!0 9 1 Group 1A Year Yearr 2 21 Cycle $ 1,950.00 $ 39,000.00 $1,950.00 $ 39,000.00 $ 2,281.00 $ 45,620.00 $ 2,899.00 $ 57,980.00 $ 06 62,460.00 Group 1A oa 3 20 Cycle $ 1,950.00 $ 39,000.00 $1,950.00 $ 39,000.00 $ 2,349.00 $ 46,980.00 $ 2,899.00 $ 57,980.00 $ 3,279.00 1$ 65,580.00 $ 117,000.00 $ 117,000.00 $11690000 $ 173,940.00 $187,520.00 WCD Enterprises,LLC withdrew their bid for a bid error on the unit pricing. Kustom Clean Up is non-responsive for failure to submit all required forms. Missing Business Designation Form,Ethical Behavior Form,References and Disclosure of Interest Form. DocuSign Envelope ID:654HA28-2=4C1 0-991 D-E03645CCFOE5 SC SERVICE AGREEMENT NO. 3109 Mowing and Grounds Maintenance for SW 1852 Groups 5A2 and I A THIS Mowing and Grounds Maintenance for SW Groups 5A2 and 1A Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Dorame General Repair and Lawn, LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mowing and Grounds Maintenance for SW Groups 5A2 and 1 A in response to Request for Bid/Proposal No. 3109 ("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 I and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1 Scope. Contractor will provide Mowing and Grounds Maintenance for SW Groups 5A2 and I A ("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 $218,400.00, 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 I of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:654HA28-2EEE-4C1 0-991 D-E03645CCFOE5 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: Tessy Gonzalez Department: Public Works Phone: 361-826-3493 Email: TessyG@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/RFF` 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 Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:654HA28-2EEE-4C1 0-991 D-E03645CCFOE5 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. 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. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:654HA28-2EEE-4C1 0-991 D-E03645CCFOE5 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 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: Tessy Gonzalez Title: Contract Administrator Address: 5352 Ayers Building #4, Corpus Christi, TX 78415 Phone: 361-826-3493 Fax: 361-826-4352 IF TO CONTRACTOR: Dorame General Repair and Lawn, LLC Attn: Ramon Dorame Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCFOE5 Title: President Address: 4213 Hamlin Dr., Corpus Christi, TX 78411 Phone: 361-533-6728 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. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCFOE5 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. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. 22. 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. 23. 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). 24. 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. 25. 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. 26. 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 Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:654F5A28-2EEE-4C1 0-991 D-E03645CCFOE5 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. 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. CONTRACTOR Doousigned by: Signature:FrZt& Vbramt, �A05712FEC57F4E5... Printed Name: Ramon Dorame Title: President 6/16/2020 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. 3109 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCF0E5 ATTACHMENT A : SCOPE OF WORK 1. General Requirements Provide complete mowing and grounds maintenance services for street rights- of-way, circles, and medians including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. Grounds at each site are always to be safe and presentable. 2. Scope of Work Provide complete grounds maintenance including litter and debris removal, mowing, trimming and applying fertilizer to City owned property as shown on Attachment A-l. A. Prep Work 1. The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. 3. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. However, if the debris is too large to haul, the Contractor shall pile the debris, take a picture and email the picture and location to the Contract Administrator prior to leaving the location. 4. Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Should the Contractor Revised 1 1.08.19 Page 1 of 19 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCF0E5 dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. B. Mowing and Trimming 1. Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 2. Cycles Description ROW /Storm Water • Growing Season (March- October) *Bi-weekly- 16 cycles **The Contractor shall schedule mowing cycles 12 to 15 days apart not mowing less than two cycles per month. Cycle 1 should be during 1st- 14th Cycle 2 15th- to end of month. • Non-Growing Season (November- February) **Monthly - 4 cycles **The Contractor shall schedule mowing cycles 25 to 35 days apart not mowing no more than one cycle per month. 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 7. Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, Revised 11.08.19 Page 2 of 19 DocuSign Envelope ID:654F5A28-2EEE-4C10-991D-E03645CCF0E5 above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. 8. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. C. Edging 1 . A steel disk or steel blade edger shall be used for all required edging for one cycle during March, June, and October. This includes edging of all curbs and sidewalks. String line trimming is acceptable for general monthly maintenance. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. D. Fertilizing The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 3. Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Attachment A-1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator to ensure there is no interference with activities, rentals or special events. D. Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: 1. No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a Revised 1 1.08.19 Page 3 of 19 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCF0E5 minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-bock Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-bock Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee and received permission to proceed with work order. 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. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. Revised 1 1.08.19 Page 4 of 19 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCF0E5 6. Equipment A. All Contractor's grounds maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent damage to property. All equipment shall be kept in good operating condition and shall always be maintained to provide a clean sharp cut of vegetation. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all applicable City, State, and Federal Regulations. 7. Security and Protection of Property A. Security Requirements: 1 . The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. 8. Notifications and Inspections A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator or designee indicating the locations and work being performed that week for approval. If the locations listed on the approved schedule were not mowed and the schedule requires modifications the revised schedule shall be submitted to the Contract Administrator or designee by 5:00 p.m. the day the location was missed. No work shall be done without proper, prior notification. B. A list of completed locations ready for inspection shall be emailed to the Contract Administrator or designee no later than 7:00a.m. on the day to be inspected. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowing rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for inspection within one business day of the rejection will be deemed incomplete for the cycle and the Contract will not be given credit. Revised 1 1.08.19 Page 5 of 19 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCF0E5 For the purpose of this contract, workdays shall include Monday- Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will be notified, and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 fee will be charged. Failure of the fourth inspection will deem the property un-serviced and will need to be completed in its entirety, within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee from the payment to be made to the City of Corpus Christi. C. The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% penalty for unsatisfactory or incomplete work a 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the properties missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. D. The City shall have the right to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees at any time during the contract or extension terms. E. Work Crew Supervision: The Contractor shall always provide qualified supervision of each crew while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. G. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Revised 11.08.19 Page 6 of 19 1 DocuSign Envelope ID:654F5A28-2EEE-4C1 0-991 D-E03645CCFOE5 :NT A-1 I D7 Area Loccfion GROUP5A2 Acreage Landscape 5A2-1 NewCrosstown Tinseltown to end • M' • of Saratoga End • d' 1 of • NO Saratoga • Civitan Crosstown SPIDto Port turnaround,Port turnaround • Home w/triangle at 4.33 O Weber5A2-3,Staples Oso Creek to Saratoga 4.43 NO • • •••to' •of • • •sidewalk ®i NO Total 14.71 5A2-1 New Crosstown ltl �s � E�' tl 1 ��h7• tl 4��r 1�' } ]d} �I�.0 !'1:; .�P^'�■' s e ,^• �� e { e � ^+��L�� ��� ��'3 �$�� k ,fir 4� f � � .� .�, m , 4 I t e ; r 0 Y r ■ Page of 19 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCFOE5 5A2-2 Crosstown Ti „ y : , .r : .F � v yLL e 5A2-3 Staples Tt EJ J r n'u •r i " 1 • L-14„�v�` I” 4 41�111 . : _ u ` . _ a r I !I ' Page 8 of 19 a - -�..•• t Stan in I. 4�' y�_-i ` ;fie• P � �� f H e l'� S y�•- � ' � r p y � �i�'�a• ��Te�as Jarr��:.. de r eti•f .��* e ,. z �'; „� � � - � ,,}.:., .5 t�, m�. ■t w :~� Fslival4 pC PtY;�?� �*y ' "�++'1'�P r; I � am a* S+rtts�+�R. .�... .S 9r'3 ria•,$ >9 ,h•�NT_�"•. .' �t µ• aid • t: . AlaurT PnnC¢nnarL 1o0:aa+1.5 '". 9•Mn .Nfa'ule G`m2P V�9N Sean 1•� $ern le�pancA EOrl.• DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCFOE5 ID Area Location GROUP 1 A Acreage G1-2 Country Club Country Club @ 4500 I-37/South Side 0.11 G1-3 Elmore Circle 3744 Elmore@ Brooks 0.03 G1-4 Macleod Circle Macleod @ 400 Bartlett 0.12 G1-6 Yerby Circle 400 Yerby St. 0.01 G1-7 Morgan/Baldwin Mor an@ Baldwin @ Osage 0.19 G1-8 RTA Greenwood West intersection of Greenwood & Port St. 0.03 Triangle G1-9 Highland Triangle Corner of Highland & Buford on SE side of 0.04 Street G1-10 Cortez Triangle Corners of Cortez, Tampico & Galvan St. 0.05 GI-11 Airport Triangle SE corner of Post/Eastern & Old Brownsville Rd. 0.04 G1-13 Agnes & Laredo East/West side between Agnes/Laredo to R/R 0.66 tracts and middle of expressway G1-14 Del Mar Triangles Corner of Airport/Old Brownsville & Morgan St. 0.94 (5 triangles) G1-15 19th and Morgan Islands on 19th St. 2 triangles) 0.03 G1-16 Baldwin ROW. 2000 Blk Baldwin SW side Riggins to pass 0.12 Cloyde to Winstead Build G1-21 IH37 Hampshire St. to McBride- Access Rd. 0.81 G1-22 IH 37 Navigation to Port St.- Access Rd. both sides 6.21 G1-23 Old Brownsville Rd. Airport to Navigation w/side, Navigation to 5.11 NPID 2 sides. G1-24 Airport Rd. Santa Elena to Baldwin, Baldwin W/side, 0.37 Beacon E/side. Total 14.87 Page 10 of 19 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCFOE5 G1-2 Country Club Median x: y �? gyp-+." f;r' /'� Sp • t Of r r gg i' j. S" -✓dwr' 1 - . ?� Sf � 1 y r. �i:T � Y • ,._.-,.,__.— is .; ..[...�,a._.�....ea,�.:•^.t„ _.._s�C--.—�... :,...i.L"�_c..:V GI-3 Elmore Circle J ke 41 w t• 5 =v� <11t v Page 11 of 19 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCFOE5 G1-4 Macleod Circle - " p , r y pI � �,.,�vM tr �t y ,�,� fir^ �+ � '•� I � �� fr, v gIr q IT a w VL y� Yk- y� - - Gl-6 Yerby Circle 111 P • YYY � w e P t i .AlP�f' Page 12 of 19 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCFOE5 G1-7 Morgan/Baldwin Triangle • t y +, tl. /! y'V # Y . ,. i : 9 � a tj " A, G1-8 RTA Greenwood Triangle __.. , s R z i' , yy a , Page 13 of 19 0 77 1- y 464. I � •'^SIL - ` .3�71:a� �.- " . ,tom �, � ar.,., � 'rA-�,w�wi •�.w:�..:. J , i i YY ;, I r �s , Y r DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCFOE5 G1 -1 1 Airport Triangle 7 .w I�ell 'a "fe w C A .oma i yin G1-13 Agnes & Laredo II us d s a w IVA a �y] b "''AWS »,. � yG �a•� 4 Od ��� I� ��"� "'.. , 'a j Page 15 of 19 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCFOE5 G1-14 Del Mar Triangles '; � r r u a �k G1-15 19th & Morgan <-- Q LZ P' i F� I� LIJ r , IYA# 10.1 �•_ rx' � a Page 16 of 19 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCFOE5 G1-16 Baldwin ROW s � r J . f i .,... ,, 1 r. 'sy ,x a! i e a , i G1-21 I H 37 a w b Y a " uf °, Vow h •� . s � c - h '. r , + , Page 17 of 19 x y a 1 a. ` C" � Ay^ F75�J Ekli- • h _{Y 0 !.Tn1. 1 '; "� "' '.fir"'"" r�• s,;`a �, 'r �. r ... �-,sero e�m,. 4 { e.•.c�..,.�..• Nv. , , ' f5 lb k ' 117.• J. � �° -a. �1" ," � ti� far _ , , �; '"°�;• �- � '� �� 4 Mfr mµ4 .. '4 �� �� J T _�6 •y�s+l � •L � "1 'w Y � ��". 5 ; Y 5Q q�t r y x DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCFOE5 G1-24 Airport Road oil M a i .3 p e IaE AOL w. .y 2 x., U PI} r , Page 19 of 19 DocuSign Envelope ID:654F5A28-2EEE-4C1 0-991 D-E03645CCFOE5 ovs ATTACHMENT B: BID AND PRICING SCHEDULE 4G �� CITY OF CORPUS CHRISTI v CONTRACTS AND PROCUREMENT DEPARTMENT 1�2 BID FORM - REVISED ADDENDUM 1 RFB 2948 Mowing and Grounds Maintenance for Storm Water Groups &A+, 5A2, 1 A, 1 R, PAGE 1 OF 2 Date: 03/31/2020 /� Authorized '-` Bidder: Dorame General Repair& Lawn LLC Signature: _ 9 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, foi 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. ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED COST IMP 6�kl 2-911— eyeie I DocuSign Envelope ID:654F5A28-2EEE-4C1 0-991 D-E03645CCFOE5 ITEM DESCRIPTION I QTY UNIT UNIT PRICE EXTENDED COST Group 5A2 Year 1 20 Cycle $1 ,690.00 $33,800.00 2 Group 5A2 Year 2 20 Cycle $1,690.00 $33,800.00 Group 5A2 Year 3 20 Cycle $1 ,690.00 $33,800.00 TOTAL GROUP SA2 $101,400.00 ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED COST Group I Year 1 20 Cycle $1,950.00 $39,000.00 3 Group 1 A Year 2 20 Cycle $1,950.00 $39,000.00 Group I Year 3 20 Cycle $1,950.00 $39,000.00 TOTAL GROUP 1A $11.7,000.00 ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED COST -99.00 TOTAL GROUP 1 B $101,580.00 ITEM DESCRIPTION QTY UNIT UNIT PRICE EXTENDED COST DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCFOE5 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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $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 1 of 3 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCFOE5 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. Page 2 of 3 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCFOE5 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. BOND REQUIREMENTS: No bonds are required, therefore, Service Agreement 3109, Section 5 Insurance; Bonds subection 5(B), is hereby void. 2019 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 04/26/2019 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID:654F5A28-2EEE-4C10-991 D-E03645CCFOE5 ATTACHMENT D: WARRANTY REQUIREMENTS No warranty is required therefore, Service Agreement 3109, Section 8, Warranty Requirements subsections 8(A)and (B) are hereby void. Page 1 of 1 SC G° a 0 H SERVICE AGREEMENT NO. 2948 U Mowing and Grounds Maintenance for SW Groups SAI yeanaonn!e� 1852 THIS Mowing and Grounds Maintenance for SW Groups SAI Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Cutrite, LLC. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Mowing and Grounds Maintenance for SW Groups 5A1 in response to Request for Bid/Proposal No. 2948 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Mowing and Grounds Maintenance for SW Groups 5A1 ("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 $216,486.00, 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 1 of 7 Approved as to Legal Form March 9, 2020 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: Tessy Gonzalez Department: Public Works Phone: 361-826-3493 Email: TessyG@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 9, 2020 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 3 of 7 Approved as to Legal Form March 9, 2020 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: Tessy Gonzalez Title: Contract Administrator Address: 5352 Ayers Building #4, Corpus Christi, TX 78415 Phone: 361-826-3493 Fax: 361-826-4352 IF TO CONTRACTOR: Cutrite, LLC. Attn: Martin L. Salazar Title: VP of Operations Address: 26256 Hwy 281 North #4, San Antonio, TX 78258 Phone: 830-438-9145 Fax: N/A Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 9, 2020 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 5 of 7 Approved as to Legal Form March 9, 2020 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. 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. 22. 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. 23. 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). 24. 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. 25. 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. 26. 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. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 9, 2020 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. 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 l : RFB/RFP No. 2948 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 9, 2020 ATTACHMENT A: SCOPE OF WORK 1. General Requirements Provide complete mowing and grounds maintenance services for street rights- of-way, circles, and medians including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained. Grounds at each site are always to be safe and presentable. 2. Scope of Work Provide complete grounds maintenance including litter and debris removal, mowing, trimming and applying fertilizer to City owned property as shown on Attachment A-1 . A. Prep Work 1 . The Contractor and all related employees shall attend an orientation prior to the term of the contract and each extension Parks and Recreation Maintenance 5352 Ayers St. Bldg. 4 Corpus Christi, Texas 78415 2. Prior to each operation, the Contractor shall remove all litter and debris, including paper, cans, bottles, bags, grass clippings, accumulated leaves, palm fronds, and other tree litter including tree limbs from the identified locations. Including, but not limited to, fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces within the identified location. Pick-up shall consist of removal of visible litter larger than three inches square. Special attention shall be given to insure the removal of objects, which may cause injury, if thrown from equipment. 3. After operations, the Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly at the Contractor's expense and proof of such proper disposal through third party invoices or landfill receipts shall be turned in to the Contract Administrator on a monthly basis. However, if the debris is too large to haul, the Contractor shall pile the debris, take a picture and email the picture and location to the Contract Administrator prior to leaving the location. 4. Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. Should the Contractor dispose of the litter and debris at an illegal dumpsite, it is grounds for termination of this agreement. B. Mowing and Trimming Page 1 of 9 1 . Turf shall be mowed to a height of three inches using reel or rotary type mowers. Rough cutting, scraping and bush hogging will not be permitted. Turf shall be mowed to maintain a neat appearance. If any mowing is to be omitted or delayed, it shall be omitted or delayed only at the discretion of the Contract Administrator or authorized designee. Mowing cycles must be completed according to the cycle description indicated below. 2. Cycles Description • Growing Season (March- October) **Bi-weekly- 16 cycles **The Contractor shall schedule mowing cycles 12 to 15 days apart not mowing less than two cycles per month. Cycle 1 should be during 1 st-14th Cycle 2 15th- to end of month. • Non-Growing Season (November- February) **Monthly - 4 cycles **The Contractor shall schedule mowing cycles no more than 25- 35 days apart 3. Mower height to be measured with mower on a flat, paved surface. A high quality of cut shall be provided using mowers with sharp cutting blades so as not to tear, but cleanly cut the blades of grass. Mowing shall be performed in a manner as not to damage trees, shrubs, plants, signs, or other obstructions. 4. String line trimmers shall not be used to mow or trim turf areas wider than 24 inches, except in areas approved by the Contract Administrator. 5. Mowing and trimming operations shall be performed in such a manner as to prevent the piling of excessive and unsightly grass clippings and leaves on lawns. The Contractor shall remove excessive clippings immediately following each mowing cycle prior to the work crew leaving the work site. 6. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. 7. Contractor shall perform all trimming for each cycle using herbicides, hand labor, or mechanical devices. Trimming shall include around all trees, shrubs, beds, fences, groundcovers, utilities, poles, buildings, obstacles, curbing, sidewalks, parking lot, concrete pads, including cracks and expansion joints, edges of all exterior hard surfaces. Any vegetation not cut by the mowing operation located adjacent to, above, or hanging over the curb must be trimmed each mowing cycle. At time of each mowing, trimming shall be done in a manner as not to damage trees, shrubs, fences, etc. At no time shall wild vegetation be allowed to grow out of these areas. Page 2 of 9 8. At the time of each mowing, the Contractor shall remove "sucker" growth at the base of trees before it reaches one foot in height and all materials and debris shall be removed from site after each such pruning. C. Edwina 1 . A steel disk or steel blade edger shall be used for all required edging for one cycle during March, June, and October. This includes edging of all curbs and sidewalks. String line trimming is acceptable for general monthly maintenance. 2. The Contractor shall promptly remove all debris, including soil and trimmings from the areas, sidewalks, and roadways after each edging operation prior to the work crew leaving the work site. D. Fertilizins The Contractor shall provide an application of a 3-1-2 ratio of slow release fertilizer during the growing season. Apply fertilizer that has been formulated for this area, is appropriate for the type of turf grass being fertilized and use manufacturer's recommendation for rate of application. 3. Work Site and Conditions A. The work shall be performed at locations throughout the City as defined by group. See Attachment A-1 for locations. B. Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. The Contractor shall provide landscaping and grounds maintenance only in appropriate months and in accordance with the City's cycle requirements. Changes in such work schedules must be approved by the City. C. Work Hours: Contractor will confine all operations to daylight hours, Monday through Friday, unless one of the days is a City designated holiday. Saturday and Sunday work will require approval from the Contract Administrator to ensure there is no interference with activities, rentals or special events. D. Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. E. Ozone Warning Days: 1 . No mowing will be done on the designated Ozone Action Days except in the case of a special event, emergency or removing a liability. If mowing is necessary for such a situation, mowing will be kept to a minimum. However, the Contract Administrator or designee will retain the right to determine and notify the contractor of any such special event, emergency or liability. Page 3 of 9 2. All push mowers, string line trimmers, riding mowers and other small engines will not be used at all. 3. Diesel powered mowing equipment will be allowed to operate on the second day of back-to-bock Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee, and received permission to proceed with work order. 4. Equipment using reformulated gas will be allowed to operate on the third day of back-to-bock Ozone Action Days if equipment is labeled stating the type of fuel used and the contractor has contacted the Contract Administrator, or designee and received permission to proceed with work order. 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. Safety Requirements A. Public Safety and Convenience: The safety of the public and the convenience of traffic shall be regarded as prime importance. All portions of streets shall be kept open to traffic. The Contractor shall coordinate all Work with the Contract Administrator and shall place warning signs in accordance with the current version of the Texas Manual on Uniform Traffic Control Devices. Signs, sign stands, safety flags, and all other safety materials or devices as well as safety vests will be required to protect the mowers and the traveling public and will be furnished by the Contractor. The Contractor will be responsible for the maintenance or replacement of these items as necessary. If at any time work is in progress, the traffic control devices do not accomplish the intended purpose due to weather or other conditions affecting the safe handling of traffic, the Contractor shall immediately make necessary changes thereto to correct the unsatisfactory conditions. These provisions for directing traffic will not be paid for directly but shall be subsidiary to the various bid items of this contract. B. Chemicals: All products (chemicals) shall be kept in a properly labeled container and a Safety Data Sheet (SDS) kept on each item, in a clearly marked SDS notebook by the contractor. The Contractor shall also supply a copy of all SDS sheets to the Contract Administrator. 6. Equipment A. All Contractor's grounds maintenance equipment must be equipped with safety devices which conform to manufacturer's standards and all applicable OSHA regulations to prevent Page 4 of 9 damage to property. All equipment shall be kept in good operating condition and shall always be maintained to provide a clean sharp cut of vegetation. All equipment shall be approved by the Contract Administrator. The typical type of equipment required for the ground maintenance operations are commercial riding lawn mowers 60" or larger, blade edger, string line trimmers and blowers. B. Should the Contractor's equipment require service while at any location, the Contractor must notify the Contract Administrator or designee. The Contractor shall not permit any oil grease, or lubricants to spill onto or to contaminate the soil. The Contractor shall be responsible for any clean up and disposal of contaminated soil in accordance with all applicable City, State, and Federal Regulations. 7. Security and Protection of Property A. Security Requirements: 1 . The Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. 2. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contract Administrator. 8. Notifications and Inspections A. Each Monday morning prior to 7:00 a.m., the Contractor shall email the Contract Administrator or designee indicating the locations and work being performed that week for approval. If the locations listed on the approved schedule were not mowed and the schedule requires modifications the revised schedule shall be submitted to the Contract Administrator or designee by 5:00 p.m. the day the location was missed. No work shall be done without proper, prior notification. B. A list of completed locations ready for inspection shall be emailed to the Contract Administrator or designee no later than 7:00a.m. on the day to be inspected. When a location is completed, the assigned City Inspector shall inspect the site and advise the Contractor of any discrepancies/rejections. In order to receive credit for mowing rejected locations the Contractor shall take whatever action necessary to correct the discrepancies within one working day. Rejected locations not turned in for inspection within one business day of the rejection will be deemed incomplete for the cycle and the Contract will not be given credit. For the purpose of this contract, workdays shall include Monday- Friday, unless one of the days is a City designated holiday. The Contract Administrator shall then make another inspection and if the discrepancies have not been corrected, the Contractor will Page 5 of 9 be notified, and a $25 re-inspection fee will be charged for a third inspection. At that time the Contractor shall have one working day to complete the work. If the discrepancies still have not been corrected, the Contractor will be notified to correct the discrepancies and a $50 fee will be charged. Failure of the fourth inspection will deem the property un-serviced and will need to be completed in its entirety, within the same cycle and resubmitted for the first inspection. The Contractor shall deduct the inspection fee from the payment to be made to the City of Corpus Christi. C. The Contractor shall submit invoices ONLY after cycles are completed. All areas have a 10% penalty for unsatisfactory or incomplete work a 10% penalty will be applied to the invoice total for incomplete cycles. Incomplete cycle payment will be adjusted to reflect the properties missed based on the average price per acre. The 10% penalty will apply to the adjusted invoice total. D. The City shall have the right to examine the supplies, materials and equipment used by the Contractor, its subcontractors, agents, and employees at any time during the contract or extension terms. E. Work Crew Supervision: The Contractor shall always provide qualified supervision of each crew while working under this Contract. Each supervisor shall be authorized by the Contractor to accept and act upon all directives issued by the City and Contract Administrator. Failure of the supervisor to act on said directives shall be sufficient cause to give notice that the Contractor is in default of the contract, unless such directives would create potential personal injury or safety hazards. F. Contractor shall promptly (same day) notify the Contract Administrator of any broken or damaged irrigation systems and poor or inadequate irrigation patterns, holes, cave-ins, or depressions in turf grass, mulched areas, broken signs, watering schedules defects or hazards that impact quality of turf and/or landscaping. G. The Contractor shall be responsible for the replacement of any plantings that may be damaged due to improper performance of designated maintenance activities. In such case, the Contract Administrator or designee shall specify when replacement is to be made. If the Contractor fails to replace the plantings according to instruction of the Contract Administrator, the Contractor agrees that the City may replace and reduce the Contractor payment by the amount of cost of replacement planting. Page 6 of 9 .S« � '^I?'• '��, 1 art'. w qqq t • e ' x,15. y ° , n v S M1A T " 7 Saratoga Medians and ROW Roddfield Rd.To Calle Cuernavaca Allencrest to Saratoga wr tCu�S Nu� I •.� t ,n.°. iA Al �r� - c ' Grrll', :- I .. � r, Sarai[><ga Cave '.. a ,y :.a""� �Y'h"`I �,.❑ e era ,� �4 I v� 1 Pf •,3V1" 1 - a a x a y f„r, _ Ku„ r,y uu"i;l i.,t • `.91e c -.ryQ ym,,�tSuaarcenrtcr�� ��Yj � r.un rf Club r-° ,#k�}Naryfe,lc�I JD .ellflit ti 7 � Sr I 5 r � � ✓ . s � ri':.. Q ' Jtral ere I u drI�' �y ti• �y y i �{ �r1 oogle fir® I .k ,°!t IoOart+ A 5 11 � 41 S F " e' �` _� Cicf•g ,'i �`�,' I� ..s �.+r ,.ei _ �li +' ■FI'F`E �1I _ y w s r �{ " 4 � 4 , , 4 �••— i 0 G5-A6 Ayers s I� y�' m Page of • SC ATTACHMENT B: BID/PRICING SCHEDULE 0 CITY OF CORPUS CHRISTI v CONTRACTS AND PROCUREMENT 'OAPPAA E DEPARTMENT xs � BID FORM -- REVISED ADDENDUM 7 RFB 2948 Mowing and Grounds Maintenance for Storm Water Groups 5A1, 5A2, IA, 18, and 1 C PAGE 1 OF 2 Date: a 2-0 Authorized Bidder: Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's 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 RI=B. ITEM DESCRIPTIONUNIT UNIT PRICE 'EXTEND,ED.! Group 5A1 Year 1 20 Cycle 35-c;� CILi0 CC, Group 5A1 Year 2 20 Cycle _ 34,- 07c c5- I Group 5A] Year 3 20 Cycle 71,57 25' F-1 30 ; TO�rAL,GI�o T y�(��cpp PAGE 2OF ITEM DESCRIPTION QTY UNIT UNIT PRICf EXTENDED COST, -- a i ITEM�� DESCRIPTION � QTY UNIT UNIT PRICE, EXTENDED COST _ Four ,5 Tie ITEM DESCRIPTION, QTY UNIT UNIT PRICE EXTENDED. COST: oup IB Year 1 2u J` route b Yor .17 i ITEM DESCRIPTION QTY i UNIT V UNIT P-RICE EXTENDED` COST rou I C Year roue_ear -� - 1 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, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $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 1 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. Page 2 of 3 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 4-113 Contracts for General Services -Services Performed Onsite 04/26/2019 Risk Management - Legal Dept. BOND REQUIREMENTS: Bonds are not required for this agreement, therefore Section 5. Insurance; Bonds. (B) is null to this agreement. Page 3 of 3 ATTACHMENT D: WARRANTY REQUIREMENTS Section 8. Warranty. (A) & (B) is null to this Service Agreement Page 1 of 1 so �o ora H AGENDA MEMORANDUM Action Item for the City Council Meeting of July 28, 2020 xs52 DATE: June 22, 2020 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 Rudy Bentancourt, Director of Housing & Community Development Rudyb@cctexas.com (361) 886-3021 Construction Contract Award Sunnybrook Road Sidewalk Improvements CAPTION: Motion awarding a construction contract to JE Construction Services, Corpus Christi, Texas for construction of sidewalks along Sunnybrook Road Sidewalk Improvements from Ayers Street to Evelyn Street, located in Council Districts 2 and 3, in an amount of $562,226.10 with FY 2020 funding available through the Community Development Block Grant. SUMMARY: This Motion approves a construction contract with JE Construction Services, Corpus Christi,Texas in the amount of $562,226.10 for the addition of sidewalks along Sunnybrook Road from Ayers Street to Evelyn Street. BACKGROUND AND FINDINGS: Sunnybrook Road Sidewalk Improvements project is a 2018 Community Development Block Grant (CDBG) project that will be completed in two phases. Phase I and Phase II consists of construction of approximately 2,150 linear feet of sidewalk on each side of the street, ADA and drainage ditch improvements along the north and south side of Sunnybrook Road from Ayers Street to Evelyn Street. Both phases will be worked on simultaneously. Sunnybrook Road has a 21 feet wide paved surface centered in a 60' right of way with ditches along both sides of the road to carry storm water to an existing stormwater collection system. Sunnybrook Road provides access to existing older neighborhoods. This project proposes new construction of approximately 4,300 linear feet of sidewalk on either side of the street that will allow safe pedestrian passage from neighborhood to public transportation stops, grocery stores, restaurants and other commercial services located along Ayers Street. The sidewalks will comply with Americans with Disabilities Act as required by the Texas Department of Licensing and Regulation and the Justice Department. PROJECT TIMELINE: 2020 M J J A S O N BID CONSTRUCTION Project schedule reflects City Council award in July 2020 with anticipated completion in November 2020. COMPETITIVE SOLICITATION PROCESS On June 10, 2020, the City received five bids, four were considered responsive and one was deemed non-responsive. The City analyzed the bids in accordance with the contract documents and determined JE Construction Services of Corpus Christi. is the lowest responsive and responsible bidder. A summary of the bids is provided below. BID SUMMARY— BASE BID CONTRACTOR BID AMOUNT JE CONSTRUCTION SERVICES $562,226.10 MAKO CONTRACTING *(non-responsive) $565,253.50 TI-ZACK CONCRETE INC $631,194.17 A. ORTIZ CONSTRUCTION $775,371.45 DIAMOND X CONTRACTING 10883,924.00 Engineer's Opinion of Probable Cost 1 018 004 ALTERNATIVES: An Alternative is to not award the Construction Contract to the low bidder JE Construction Services of Corpus Christi. Not awarding the construction contract and rebidding the project would delay the needed improvements, could result in increased construction cost, and could risk losing CDBG funding for the project. FISCAL IMPACT: The fiscal impact for FY 2020 is an amount of$562,226.10 to be funded through the Community Development Block Grant. FUNDING DETAIL: Fund: Community Development Block Grant (CDBG) - 851908F Mission Element: Housing Community Development Admin Grants - 131 Project No.: Sunnybrook Road Sidewalk Improvements - Project No. 18153A Account: 1059-131-550910-851908F Activity: 18153-A-1059-EXP Amount: $562,226.10 RECOMMENDATION: City staff recommends awarding JE Construction Services of Corpus Christi, of Corpus Christi Texas a construction contract in the amount of$562,226.10 for construction of sidewalk along Sunnybrook Road from Ayers Street to Evelyn Street. LIST OF SUPPORTING DOCUMENTS: Location Maps Bid Tabs -:27 a Doyle PROJECT LOCATION N SCALE: N.T.S. 181 VBIM1 LOCATION MAP NOT TO SCALE 51 SHIP CHANN CORPUS CHRISTI <FOpgR � O � LEOPARD Q 0 CORPUS CHRISTI d INTERN ZONAL Z 44 eq °w, 286 PROJECT LOCATION M OP 358 °R 9q�i ° QO 9so Evti HORNE Qui O �F O Q v �o 00 TEXAS A&M �F UNIVERSITY CORPUS CHRISTI o� Q 358 �Z �SgR9TO 3�0 Q MCgRO<F O NAV PUS STATION CABANISS �, i OSO BAY Q FI ELD <v Q� O �v 43 �o°o F R BLUFF 286 os ��° z O�`' oe- VICINITY MAP NOT TO SCALE PROJECT NUMBER:18153A Sunnybrook Rd. Sidewalk CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS VAI Improvements DEPARTMENT OF ENGINEERING SERVICES — r.. „ AW 1 40� PROJECT LOCATIO . r w x r • � m d 5 . "► a ." 1 ` b of x �1A R` '• �.. � y, - vff' 333""" W y *W h ,yam w AP 41 u n ti . ,� r ., � • � � ., � � ' � r ,_ *'nom„ °`.�„ ' ,; i • 4 .rte ,Y _ w i T. dp � F T ' 9 � � •� � !" w M.. � � � _ •'?rap, m ',ry, � .- •i j,N� .._1 Aso, d.k.{+i; 1. .�. ''i „' .""s,,... w. I_10221FIVA8,Lt--Lit 41W7. Sunny • Sidewalk CITY OF •' Improvements DEPARTMENT OF TABULATION OF BIDS CITY OF CORPUS CHRISTI,TEXAS-CONTRACTS AND PROCUREMENT DEPT. BIDDATE WED.1-10,2020 SUNNVBROOK SIDEWALK IMPROVEMENTS JECONSTRUCTIONSEWICES TI-ZACK C3 NCR ETE INC AORTIZCONSTRUCTION DIAMOND X CONTRACTING *MAKOCONTRACTING PROIECTNO.18153A 7505 UPRIVER RB 39352221STAVE 102 AIRPORT RB PO BOX 1701 3636 SO ALAMEDA#B153 SEA#3066 CC,TX 78409 LE CENTER,MN 56057 CC,TX 78405 LOH NSON CITY,TX 78636 CC,,TX 78411 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PARTA-GENERAL Al MOBILIZATION(5%MAX.) LS 1 $ 25,300.00 $ 25,300.00 $ 30,000.00 $ 30,000.00 $36,922.45 $ 36,922.45 $30,000.00 $ 30,000.00 $ 12,000.00 $ 12,000.00 A2 BONDS AND INSURANCE(AS REQUIRED) AL 1 $ 9,000.00 $ 9,000.00 $ 3,000.00 $ 3,000.00 $10,000.00 $ 10,000.00 $15,000.00 $ 15,000.00 $ 14,000.00 $ 14,000.00 PROP-STORM WATER POLLUTION PREVENTION A3 PLAN ITS 1 $ 2,045.10 $ 2,045.10 $ 1,000.00 $ 1,000.00 $ 4,500.00 $ 4,500.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 $ 3,000.00 A4 PROP-INLET PROTECTION BARRIER EA 31 $ 136.30 $ 4,225.30 $ 85.00 $ 2,635.00 $ 250.00 $ 7,750.00 $ 75.00 $ 2,325.00 $ 90.00 $ 2,790.00 A5 PROP-DITCH PROTECTION LS 1 $ 2,045.10 $ 2,045.10 $ 1,500.00 $ 1,500.00 $ 2,500.00 $ 2,500.00 $ 2,200.00 $ 2,200.00 $ 2,500.00 $ 2,500.00 A6 PROP-TRAFFIC CONTROL PLAN AND PREPARATION 1 $ 6,135.10 $ 6,135.10 $ 1,500.00 $ 1,500.00 $ 8,500.00 $ 8,500.00 $ 6,800.00 $ 6,800.00 $ 5,400.00 $ 5,400.00 PROP-TRAFFIC CONTROL MOBILIZATION A7 ADJUSTMENTS 1 $ 4,090.10 $ 4,090.10 $ 1,500.00 $ 1,500.00 $ 7,500.00 $ 7,500.00 $ 6,000.00 $ 6,000.00 $ 3,600.00 $ 3,600.00 PROP-TRAFFIC CONTROL DEVICES(DRUMS, A8 CONES,ETC) MTH 5 $ 1,097.70 $ 5,488.50 $ 1,500.00 $ 7,500.00 $ 1,000.00 $ 5,000.00 $ 5,000.00 $ 25,000.00 $ 960.00 $ 4,800.00 A9 PROP-OZONEACTIONDAV EA 1 $ 140.40 $ 140.40 $ 1.00 $ 1.00 $ 75.00 $ 75.00 $ 750.00 $ 750.00 $ 1.00 $ 1.00 ALLOWANCE FOR STREET REPAIR OF POTHOLES A10 WITHIN PROJECTAREA AL 1 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 SUBTOTAL PART A-GENERAL $ 66,969.60 $ 57,136.00 $ 91,297.95 $ 99,575.00 $ 56,591.00 PART B-STREET IMPROVEMENTS Bl DEMO-PAVEMENT-HMAC SF 6,350 $ 2.00 $ 12,700.00 $ 1.00 $ 6,350.00 $ 5.00 $ 31,750.00 $ 2.00 $ 12,700.00 $ 1.75 $ 11,112.50 B2 DEMO-SIDEWALK-GONG SF 413 $ 8.50 $ 3,510.50 $ 1.50 $ 619.50 $ 6.50 $ 2,684.50 $ 7.00 $ 2,891.00 $ 3.00 $ 1,239.00 B3 DEMO-DRIVEWAY-GRAVEL SF 2,980 $ 1.00 $ 2,980.00 $ 1.00 $ 2,980.00 $ 4.50 $ 13,410.00 $ 4.00 $ 11,920.00 $ 1.00 $ 2,980.00 24 DEMO-DRIVEWAY-CONCRETE SF 2,458$ 2.40 $ 5,899.20 $ 2.00 $ 4,916.00 $ 7.50 $ 18,435.00 $ 7.00 $ 17,206.00 $ 3.25 $ 7,988.50 B5 DEMO-SIGN-STOP EA 6 $ 81.80 $ 490.80 $ 150.00 $ 900.00 $ 250.00 $ 1,500.00 $ 90.00 $ 540.00 $ 100.00 $ 600.00 B6 DEMO-SIGN-SPEED30 MPH EA 1 $ 68.20 $ 68.20 $ 150.00 $ 150.00 $ 250.00 $ 250.00 $ 75.00 $ 75.00 $ 100.00 $ 100.00 B7 DEMO&REPWCE-FENCE-CHAINLINK LF 40 $ 68.20 $ 2,728.00 $ 44.00 $ 1,760.00 $ 18.00 $ 720.00 $ 55.00 $ 2,200.00 $ 35.00 $ 1,400.00 B8 PROP-PAVEMENT-HMACREPAIR SF 1 5,3.21 7.49 $ 40,311.18 $ 9.00 $ 48,438.00 $ 5.00 $ 26,910.00 $ 9.00 $ 48,438.00 $ 6.25 $ 33,637.50 B9 PROP-PAVEMENT-HMAC REPAIR(FULL DEPTH) SF 1 910 $ 18.80 $ 17,108.00 $ 12.00 $ 10,920.00 $ 8.00 $ 7,280.00 $ 30.00 $ 27,300.00 $ 14.00 $ 12,740.00 210 PROP-DRIVEWAY-CONCRETE SF 5,470 $ 7.69 $ 42,064.30 $ 10.00 $ 54,700.00 $ 13.00 $ 71,110.00 $ 12.00 $ 65,640.00 $ 10.00 $ 54,700.00 Bll PROP-SIGN-ST OP WITH STREET ID PLAQUES EA 6 $ 954.40 $ 5,726.40 $ 400.00 $ 2,400.00 $ 750.00 $ 4,500.00 $ 1,100.00 $ 6,600.00 $ 840.00 $ 5,040.00 B12 PROP-SIGN-SPEED30 MPH EA 3 $ 681.70 $ 2,045.10 $ 410.00 $ 1,230.00 $ 750.00 $ 2,250.00 $ 750.00 $ 2,250.00 $ 600.00 $ 1,800.00 813 PROP-SIGN-PEDESTRIAN CROSSING EA 2$ 749.90 $ 1,499.80 $ 410.00 $ 820.00 $ 750.00 $ 1,500.00 $ 825.00 $ 1,650.00 $ 660.00 $ 1,320.00 lof3 SUNNYBROOK SIDEWALKIMPROVEMENTS JE CO NSTRUCTION SERVICES TI-ZACKCONCRETEINC AORTIZCONSTRUCTION DIAMONDX CONTRACTING *MAKOCONTRACTING PROJECT NO.18153A 7505 UPRIVER RB 39352221STAVE 102 AIRPORT RB PO BOX 1701 3636 SO ALAMEDA#8153 SEA#3066 CC,TX 78409 LE CENTER,MN 56057 CC,TX 78405 LOH NSON CITY,TX 78636 CC,TX 78411 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT B14 ALLOWANCEFOR STREETREPAIRS LS 1 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 $ 8,500.00 ALLOWANCE FOR UNANTICI PIED STREET B15 IMPROVEMENTS AL 1 $ 15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 $15,000.00 $ 15,000.00 $15,000.00 $ 15,000.00 $ 15,000.00 $ 15,000.00 SUBTOTAL PART S-STREET IMPR $ 160,631.48 $ 159,683.50 $205,799.50 $ 222,910.00 $ 158,157.50 PART C-ADA IMPROVEMENTS Cl DEMO-SITECLEARINGAN DSTRIPPING AC 2$ 12,969.41 $ 25,938.82 $ 5,000.00 $ 10,000.00 $ 9,000.00 $ 18,000.00 $ 2,500.00 $ 5,000.00 $ 5,978.00 $ 11,956.00 C2 DEMO-CCNCHEADERCURB LF 8$ 31.00 $ 248.00 $ 62.00 $ 496.00 $ 55.00 $ 440.00 $ 200.00 $ 1,600.00 $ 20.00 $ 160.00 C3 DEMO TREE REMOVAL EA 6 $ 409.00 $ 2,454.00 $ 825.00 $ 4,950.00 $ 1,500.00 $ 9,000.00 $ 2,500.00 $ 15,000.00 $ 450.00 $ 2,700.00 C4 PROP-SIDEWALK-CONC4-INCH) OF 19,050 $ 7.04 $ 134,112.00 $ 7.00 $ 133,350.00 $ 8.50 $ 161,925.00 $ 10.00 $ 190,500.00 $ 7.75 $ 147,637.50 C5 PROP-SIDEWALK-MONOLITHIC CURBING LF 154$ 55.00 $ 8,470.00 $ 33.00 $ 5,082.00 $ 30.00 $ 4,620.00 $ 60.00 $ 9,240.00 $ 20.00 $ 3,080.00 C6 PROP-RAISEDCROSSWALK-HMAC OF 550 $ 5.30 $ 2,915.00 $ 10.00 $ 5,500.00 $ 18.00 $ 9,900.00 $ 30.00 $ 16,500.00 $ 7.00 $ 3,850.00 C7 PROP-RAISED CROSSWALK MARKINGS ITS 1 $ 2,454.10 $ 2,454.10 $ 3,000.00 $ 3,000.00 $ 4,500.00 $ 4,500.00 $ 2,800.00 $ 2,800.00 $ $ C8 PROP-HYDROMULCH OF 48,210 $ 0.34 $ 16,391.40 $ 0.20 $ 9,642.00 $ 1.45 $ 69,904.50 $ 0.40 $ 19,284.00 $ 0.15 $ 7,231.50 C9 PROP-DETECTABLEWARNING EA 24$ 196.00 $ 4,704.00 $ 600.00 $ 14,400.00 $ 500.00 $ 12,000.00 $ 2,500.00 $ 60,000.00 $ 250.00 $ 6,000.00 C10 JADJUST-EXISTAT&TBOX EA 11 786.60 $ 786.60 $ 500.00 $ 500.00 $ 1,500.00 $ 1,500.00 $ 750.00 $ 750.00 $ 500.00 $ 500.00 CII ALLOWANCE FOR UNANTICIPATED ADA AL 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $10,000.00 $ 10,000.00 $10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART C-ADA IMPR $ 208,473.92 $ 196,920.00 $301,789.50 $ 330,679.00 $ 193,115.00 PART D-STORM WATER IMPROVEMENTS Dl DEMO-CURBANDGUTTER LF 65 $ 17.70 $ 1,150.50 $ 7.55 $ 490.75 $ 50.00 $ 3,250.00 $ 20.00 $ 1,300.00 $ 10.00 $ 650.00 D2 DEMO-POST INLET CONCTOP EA 16 $ 957.50 $ 15,320.00 $ 714.00 $ 11,424.00 $ 1,000.00 $ 16,000.00 $ 750.00 $ 12,000.00 $ 500.00 $ 8,000.00 D3 DEMO-REINFORCED CONCRETE PIPE 19 INCH LF 65 $ 24.30 $ 1,579.50 $ 42.00 $ 2,730.00 $ 15.00 $ 975.00 $ 20.00 $ 1,300.00 $ 20.00 $ 1,300.00 D4 DEMO-PVC-I2-INCH LF 32$ 15.20 $ 486.40 $ 42.00 $ 1,344.00 $ 15.00 $ 480.00 $ 55.00 $ 1,760.00 $ 15.00 $ 480.00 D5 DEMO-CONCHEADWALL EA 2$ 306.20 $ 612.40 $ 250.96 $ 501.92 $ 700.00 $ 1,400.00 $ 1,500.00 $ 3,000.00 $ 500.00 $ 1,000.00 PROP-STORM WATER MANHOLE TOP D6 ADJUSTMENTTO FINALGRADE FA 2$ 1,947.60 $ 3,895.20 $ 2,200.00 $ 4,400.00 $ 2,000.00 $ 4,000.00 $ 2,500.00 $ 5,000.00 $ 4,016.72 $ 8,033.44 D7 PROP-POST INLET CONCTOP FA 16 $ 1,517.10 $ 24,273.60 $ 3,000.00 $ 48,000.00 $ 1,750.00 $ 28,000.00 $ 5,000.00 $ 80,000.00 $ 3,023.16 $ 48,370.56 D8 PROP POST INLET EA 4$ 4,156.10 $ 16,624.40 $ 5,200.00 $ 20,800.00 $ 3,500.00 $ 14,000.00 $ 5,000.00 $ 20,000.00 $ 5,664.00 $ 22,656.00 D9 PROP-CURB AND GUTTER LF 175 $ 33.90 $ 5,932.50 $ 40.00 $ 7,000.00 $ 50.00 $ 8,750.00 $ 35.00 $ 6,125.00 $ 28.00 $ 4,900.00 D10 PROP-REINFORCEDCONCRETE PIPE 19 INCH LF 320 $ 85.05 $ 27,216.00 $ 235.00 $ 75,200.00 $ 150.00 $ 48,000.00 $ 150.00 $ 48,000.00 $ 88.50 $ 28,320.00 Dll PROP-DITCH REGRADING LF 2,112$ 5.50 $ 11,616.00 $ 14.50 $ 30,624.00 $ 15.00 $ 31,680.00 $ 15.00 $ 31,680.00 $ 5.00 $ 10,560.00 ALLOWANCE FOR UNANTICIPATED STORM WATER D12 UTILITY IMPROVEMENTS AL 1 $ 10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 $10,000.00 $ 10,000.00 $10,000.00 $ 10,000.00 $ 10,000.00 $ 10,000.00 SUBTOTAL PART D-STORMWATER IMPR $ 118,706.50 $212,514.67 $166,535.00 $ 220,165.00 $ 199,270.00 2 Of SUNNYBROOK SIDEWALK IMPROVEMENTS JECONSTRUCTIONSERVICES TI-SACK C3 NCR ETE INC AORTISCONSTRUCTION DIAMOND X CONTRACTING *MAKOCONTRACTING PROIECTNO.18153A 7505 UPRIVER RB 39352221STAVE 102 AIRPORT RB PO BOX 1701 3636 SO ALAMEDA#B153 SEA#3066 CC,TX 78409 LE CENTER,M N 56057 CC,TX 78405 JOH NSON CITY,TX 78636 CC,TX 78411 ITEM DESCRIPTION UNIT QTY UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT UNIT PR AMOUNT PART E-WATER IMPROVEMENTS El ADJT-EXIST WATER VALVE BOX AND COVER EA 6 $ 299.70 $ 1,798.20 $ 200.00 $ 1,200.00 $ 750.00 $ 4,500.00 $ 750.00 $ 4,500.00 $ 1,062.00 $ 6,372.00 ALLOWANCE FOR UNANTICIPATED WATER UTILITY E2 IMPROVEMENTS AL 1 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 $ 1,500.00 SUBTOTAL PART E-WATER IMPR $ 3,298.20 $ 2,700.00 $ 6,000.00 $ 6,000.00 $ 7,872.00 =GANTSOVEMENTS IST GAS VALVE BOXANDCOVER EA 4$ 786.60 $ 3,146.40 $ 310.00 $ 1,240.00 $ 750.00 $ 3,000.00 $ 900.00 $ 3,600.00 $ 1,062.00 $ 4,24800 NCE FORUNANTICIPATED GAS UTILITY MENTSAL 1 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 $ 1,000.00 AL PARTF-GAS IMPR $ 4,146.40 $ 2,240.00 $ 4,000.00 $ 9,600.00 $ 5,208.00 PARTSATFIRU F) $ 562,226.10 $631,194.17 $775,371.45 $ 883,920.00 $ 565,253.50 shaded rPlls represent extension errors by bidder.Totals shown are mtooled amounts. *Bid 6 deemed non response-Bidderfoiled to provide unitpricing(0)for all line items on the bid form as required. 3 of so �o p A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 28, 2020 DATE: July 28, 2020 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste David L3(a)cctexas.com (361) 826-1966 Kim Baker, Director of Contracts and Procurement KimB2(a)cctexas.com (361) 826-3169 Landfill Management Services CAPTION: Motion authorizing an eight-year service agreement, with a first renewal term of seven years and a second renewal term of five years with Integrated Transfer Services, L.P. for landfill management services for Cefe Valenzuela Landfill, for an estimated initial term amount of approximately $35 million and potential estimated total amount of approximately $90 million if all renewals are authorized, effective Feb 1 , 2021 with future funding from the Solid Waste budget. SUMMARY: This motion authorizes a long-term agreement for operations and management of the Cefe Valenzuela Landfill. BACKGROUND AND FINDINGS: The current contract for landfill management services will expire January 31 , 2021 . The City's Cefe Valenzuela landfill is located in Nueces County on approximately 2,273 acres at the intersection of Farm to Market 2444 and County Road 20. Based on current disposal volumes, the landfill has the capacity to accept waste for the next 177 years. The City has had a contract for landfill services since February 2005, which transferred from the J.C. Elliott Landfill to the Cefe Valenzuela Landfill in 2007. The core services under the contract are to push, pack and cover all waste that has been pre-screened and accepted by the City operated scale house in accordance with the Site Operating Plan. The Contracts and Procurement Department conducted a Request for Proposal process to obtain a qualified firm to manage the City's landfill and recycling services. The City received and evaluated five proposals for the landfill management services. As the initial step in evaluating landfill services proposals, all five proposals were screened, and were determined to have met the minimum submittal requirements by the five-member evaluation committee. The committee was comprised of staff from Solid Waste Services, Finance, and the City Manager's Office. The technical review followed, and the proposals were scored based on the published criteria for a maximum of 40 points. Pricing was evaluated and scored for a total of 40 points. As a final step, four proposers were interviewed by the evaluation committee, allowing them to elaborate on the details of their plans to operate the landfill, for a maximum of 20 points. Based on the outcome of the evaluation, it is recommended that the contract be awarded to the highest scoring proposer, ITS. ITS's proposal reduces the City's current landfill services contract expense by approximately $33 million dollars over the life of the contract, comparing the current $13.31/ton rate to the proposed $9.70/ton, with an annual average of 450,000 tons. The initial term is 8 years, followed by 7 and 5 year renewal options. The initial contract funding will be budgeted in FY 2021 , for 8 months of service. Annual contract fees are approximately $4.4 million. ALTERNATIVES: An alternative would be to have the City operate the landfill itself at a cost just slightly higher than ITS. FISCAL IMPACT: There is no current fiscal impact for FY 2020 as all work begins in February of 2021 , next fiscal year. The estimated annual contract expense will be budgeted in future years through the annual budget process. RECOMMENDATION: Staff recommends approval of this motion authorizing an initial eight-year service agreement with a first renewal term of seven years and a second renewal term of five years with ITS for management and operations of the City's Cefe Valenzuela Landfill as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement RFP NO. 3016 LANDFILL AND RECYCLING MANAGEMENT SERVICES - LANDFILL KIM BAKER INTEGRATED FRONTIER WASTE WASTE REPUBLIC TEXAS DISPOSAL Proposal Evaluation TRANSFER SOLUTIONS MANAGEMENT SERVICES SERVICES SERVICES MINIMUM QUALIFICATIONS (PASS/FAIL) Required experience No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years PASS PASS PASS PASS PASS No outstanding regulatory issues last 5 years References Provided for firm TECHNICAL PROPOSAL (40 PTS) 36 30 28 22 19 Firms'Experience(15 pts) Team's Experience(15 pts) Understanding of Project Scope(10 pts) PRICING (40 PTS) 40 35 23 28 0 INTERVIEW (20 PTS) 19 14 15 13 0 Firms'Experience(7 pts) Team's Experience(7 pts) Understanding of Project Scope(6 pts) Total 96 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF LANDFILL SERVICES AGREEMENT 3016 THIS LANDFILL SERVICES AGREEMENT (the "Agreement") is made effective as of February 1, 2021 by and between City of Corpus Christi, a Texas home rule municipal corporation ("City") acting through its duly authorized City Manager or City Manager's designee("City Manager"), and Integrated Transfer Services, L.P., a Texas limited partnership ("Contractor") acting through its duly authorized officer. RECITALS WHEREAS, the City issued Request for Proposal No. 3016 (the "RFP"), which is incorporated by reference as if laid out here in its entirety, on March 30, 2020, to procure landfill services; WHEREAS, the Contractor submitted a proposal in response to the RFP (the "Contractor's Response"), which is incorporated by reference as if laid out herein in its entirety, and the City has determined that the Contractor's Response provides the best value to the City for the performance of landfill services; WHEAREAS, City and Contractor desire to enter into an agreement pursuant to which Contractor will provide Services (as defined below) to City at the Landfill (as defined below) in accordance with the terms and subject to the conditions of this Agreement; and WHEREAS, City has determined that the provision of such Services by Contractor to City are in the vital and best interests of City and the health, safety and welfare of its residents; and in accordance with public; and provisions of applicable federal, state, county and local laws and ordinances. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement and of other good and valuable consideration, the receipt and sufficiency of which the parties acknowledge, the parties agree as follows: ARTICLE L DEFINED TERMS AND INTERPRETATIONS 1.01 Defined Terms.Unless the context otherwise requires,capitalized terms used in this Agreement shall have the meanings assigned to them in this Section 1.01. Capitalized terms that are not separately defined have the definitions provided in the RFP. "Acceptable Waste" means garbage, litter, refuse, rubbish, yard waste, heavy brush, debris, construction/demolition materials, but does not include hazardous, regulated medical, or Unacceptable Waste or such materials. "Affiliate" of a Person means any other Person controlling, controlled by, or under common control with such Person. "Agreement" means this Agreement and all attachments to this Agreement. "Alternative Daily Cover"means TCEQ approved cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging. "Business Day" means any day other than Sunday or a Holiday. DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF "Ci1y" means City of Corpus Christi, a Texas home rule municipal corporation. "City Project Manager" means the person, or his/her designee, designated by City to administer and monitor the provisions of the Agreement. "Ci . 's Responsibilities" means all of City's obligations pursuant to Section 2.03. "Contract Year" means each period of 12 consecutive months during the initial Term of the Agreement, with the first Contract Year beginning on the Initial Operation Date, and with each subsequent Contract Year commencing on the anniversary of the Initial Operation Date. "Contractor" means Integrated Transfer Services, L.P., a Texas limited partnership. "Contractor Equipment" means any furniture, rolling stock and other moveable equipment owned, leased, or rented by Contractor and brought to the Landfill at its expense, but excludes permanent fixtures. "Contractor's Representative(s)" means the responsible party in charge of operations and authorized to make decisions and act on the Contractor's behalf. "Dispose" or "Disposal" means the discharge, deposit, injection, dumping, spilling, leaking, or placing of any solid waste or hazardous waste ("whether containerized or uncontainerized") into or on any land or water so that the solid waste or hazardous waste or any constituent of the solid waste or hazardous waste may enter the environment to be emitted into the air or discharged into any waters, including groundwaters. "Effective Date"means the date upon execution by the City Manager or the City Manager's designee ("City Manager") following approval of the City's City Council. "Environment" or "Environmental" means matters relating to surface waters, groundwaters, soil, subsurface strata and ambient air. "Environmental Law(s)" means any Law and any judicial or administrative interpretation of a Law, including any judicial or administrative order, consent decree or judgment, relating to the Environment, health, safety or Hazardous Materials, including the Comprehensive Environmental Response, Compensation, and Liability Act; the Resource Conservation and Recovery Act; the Hazardous Materials Transportation Act; the Clean Water Act; the Toxic Substances Control Act; the Clean Air Act; the Safe Drinking Water Act; the Atomic Energy Act; the Federal Insecticide, Fungicide and Rodenticide Act; and the Federal Food, Drug and Cosmetic Act; and the state or local equivalents of these Laws. "Fee" means the dollar amount per ton of Waste in accordance with the pricing in Attachment B, which is attached and incorporated by reference as if laid out here in its entirety, for all Waste Disposed of and buried within the active area of the Landfill that the City shall pay the Contractor hereunder, as adjusted pursuant to this Agreement. "Governmental Authority" means any federal, state or local government, governmental, regulatory or administrative authority, agency or commission or any court, tribunal, or judicial or arbitral body. Page 2 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF "Handle" or "Handled" means owned, leased, had an interest in, collected, generated, transported, stored, recycled, reclaimed,processed, Disposed of, or contracted for the Disposal of. "Hazardous Materials"means: (a)petroleum and petroleum products,radioactive materials,asbestos in any form that is or could become friable, urea formaldehyde foam insulation, transformers or other equipment that contain polychlorinated biphenyls, and radon gas; or(b) any other chemicals, materials or substances defined as or included in the definition of "hazardous materials," "hazardous wastes," "hazardous substances," "extremely hazardous wastes," "restricted hazardous wastes," "toxic substances" "toxic wastes," "toxic pollutants," "pollutants," "infectious wastes," "regulated medical wastes," "radioactive wastes," or words of similar import under any applicable Law. "Holiday" means any of New Year's Day, Martin Luther King Jr. Day, Independence Day, Thanksgiving Day, or Christmas Day. "Initial Operation Date" means the date on which Contractor commences providing the Services. "Landfill" means City's Cefe Valenzuela Landfill located in Nueces County, Texas. "Law" means any federal, state or local statute, law, ordinance,regulation, rule, code, governmental order, requirement or rule of common law, including any Environmental Law. "Performance Bond" means the form of security furnished by Contractor and Contractor's surety for the use and benefit of City as further described in Section 8.06. "Permit" means the permit issued by the Texas Commission on Environmental Quality to City to operate the Landfill and receive Waste for Disposal. "Person" means any individual, partnership, firm, corporation, limited liability company, association, trust, unincorporated organization, Governmental Authority or other entity. "Plan" means the Landfill's Site Operating Plan, which is attached hereto as Attachment D and incorporated by reference as if laid out here in its entirety. "Services" means all of Contractor's obligations pursuant to Section 2.02. "TCE " means the Texas Commission on Environmental Quality, and any of its predecessor or successor agencies, including the Texas Water Commission and Texas Natural Resource Conservation Commission. "Term" has the meaning set forth in Section 2.05. "Unacceptable Waste" means waste materials that the City is not allowed to accept under the rules issued by the TCEQ or the Plan, which includes regulated medical waste. "Waste" means garbage, rubbish, yard waste, heavy brush, debris, and construction/demolition materials, as such terms are defined in the City's Code of Ordinances, Chapter 21, as may be amended, and includes solid waste and items permitted by law and the Permit to be Disposed at the Landfill. "Waste Acceptance Hours" means Monday through Friday, during the normal business hours of 6:00 a.m. to 6:00 p.m. and Saturday 6:00 a.m. to 6:00 p.m. and an additional two hours daily, Monday Page 3 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF through Saturday, for just City Waste to be accepted, but excluding any Holiday, or such other time periods totaling 84 hours per week as may be mutually agreed by the parties from time to time. 1.02 Interpretations. (a) Captions. The captions in this Agreement are inserted for convenience only and shall not constitute a part of this Agreement or be used to construe or interpret any of its provisions. (b) Include. The term "include" and similar terms shall be construed as if followed by the phrase "without limitation." (c) Time for Performance. Whenever under the terms of this Agreement the time for performance of a covenant or condition falls upon a Sunday or Holiday, such time for performance shall be extended to the next Business Day. Otherwise, all references herein to "days" shall mean calendar days. (d) Laws. Any reference to any Law shall be deemed to refer to the Law, as amended, and to all rules and regulations promulgated thereunder, as amended, unless the context requires otherwise. ARTICLE IL LANDFILL SERVICES, CITY'S RESPONSIBILITIES,AND TERM 2.01 Exclusive Right to Provide Services. City hereby grants to Contractor the exclusive right to provide the Services during the Term. 2.02 Services Provided by Contractor. (a) Services Generally. The Contractor shall provide at its expense all labor, supervision, materials, supplies and equipment to push,pack, and cover Waste received at the Landfill in accordance with the Scope of Services, which is attached hereto as Attachment A and incorporated by reference as if set out herein in its entirety, the Plan, the RFP, the Contractor's Response, and any permit or regulatory requirements. (b) Hours. The Contractor shall operate the Landfill during hours of operation sufficient to support the requirements as set forth in the Agreement. At a minimum, the Contractor shall accept materials from Monday through Friday, 6:00 AM to 6:00 PM Central Time and Saturday from 6:00 AM to 6:00 PM Central Time; the Contractor shall provide City Vehicles access to the Landfill to deliver loads two hours past the regular daily scheduled closing time (collectively, the "Waste Acceptance Hours"), and the City shall pay Contractor an additional amount of$100 per hour for each hour past 8 p.m. that City requires the Landfill to remain open to accept Waste. The City may reasonably modify the minimum hours of operation at the Landfill with 30 calendar days' advance notice to Contractor. Additionally, the operating hours of the Landfill may be extended under certain emergency conditions (e.g., natural or man-made disaster clean-up efforts)upon request of the City. (c) Location of Services. Contractor shall provide the required Services at the Landfill. (d) Storms and Other Disasters. The Services include any increased volume resulting from a flood, hurricane, or other act of God over which Contractor has no control that is not subject to the force majeure provisions of Section 8.05. (e) Complaints. Page 4 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF (i) Contractor shall give all customer complaints prompt and courteous attention. Contractor shall investigate all complaints and, if the allegations are verified, take reasonable means to correct the complaint within 24 hours after the complaint is received. The reasonableness of the means to correct the complaint will be determined in the reasonable discretion of the City Project Manager. (ii) Contractor shall communicate all complaints to the City Project Manager within 24 hours and provide a monthly summary of all customer complaints to the City Project Manager by the 15th day of each following month. The report must include the customer's name, address, complaint/inquiry, investigation summary, and action taken by Contractor. (f) Personnel. (i) Contractor shall assign a qualified Contractor's Representative(s) to be in charge of the Services at the Landfill and furnish the name or names of the persons to City and furnish an updated list anytime there are changes to the assigned representative(s) whether they be replacements or additional representative(s). In addition to other duties and responsibilities set out in this Agreement, the Contractor's Representative must have full authority to immediately respond to and resolve complaints or problems. (ii) Contractor employees must at all times wear clean uniforms bearing Contractor's (or its Affiliate's)name and some means of identification such as a name tag or identification card. (iii) Each of Contractor's drivers must carry a valid Texas operator's license for the type of vehicle the driver is operating. (g) The Contractor shall hold valid licenses, insurance,permits, and bonds as required, covering the Contractor's vehicles, equipment, and personnel. The Contractor shall ensure that all vehicles and equipment are in safe mechanical condition and that they meet the safety standards required. The Contractor shall have a Contractor's Representative(s) at the Landfill, onsite, during 80 percent of the Waste Acceptance Hours on Business Days deemed an acceptable Representative in accordance with 30 TAC 30 Subchapter F: Municipal Solid Waste Facility Supervisors. The Contractor's Representative(s) shall be responsible for operations at the Landfill and authorized to make decisions and act on the Contractor's behalf. (h) Office. Contractor shall maintain an office or other facilities at the Landfill through which Contractor can be contacted. City shall supply a maintenance shop and offices for Contractor's use. Upon the expiration or earlier termination of this Agreement, Contractor shall vacate the maintenance shop and offices, remove all Contractor Equipment, and return use of the shop and offices to the City. Contractor's Representative and the City Project Manager shall cooperate in completing a final walk- through of the maintenance shop and offices prior to the surrender of keys to the City Project Manager. (i) Point of Contact. All dealings, contacts, etc., between Contractor and City shall be directed by Contractor to the City Project Manager and by City to Contractor's Representative. (j) Health and Safety. (i) Contractor shall continuously control and minimize fire, smoke, blowing papers and trash, odor, rodents, flies and all other public health menaces and pests on and around the Landfill. Page 5 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF (ii) Contractor shall cover the Landfill at the end of each day during which the Landfill is open with Alternate Daily Cover or other TCEQ approved cover. (iii) Contractor shall keep the size of the "active face" of the Landfill so that it is no larger than allowed by the Plan. (iv) Contractor shall provide operating and safety training for all employees and comply with all Occupational Safety and Health Administration (OSHA) regulations applicable to the Services. City has no liability or responsibility to assure compliance by Contractor with any or all OSHA regulations. 0) Reports. Contractor shall timely deliver to City all written reports required in Attachment A, the Scope of Work. (k) Compliance. Contractor shall provide all the Services in accordance with Attachment A and the Plan. 2.03 City's Responsibilities.City shall provide at its expense all labor, supervision,materials, supplies, equipment, and resources to perform obligations that include all regulatory programs (other than the Contractor's compliance with the Plan), construction of capital improvements, and other responsibilities as laid out in Attachment A. 2.04 Compliance with Permit,Law, Etc. (a) Compliance with Laws and Plan. City is responsible for ensuring that the use and operation of the Landfill complies with all applicable Laws. Contractor, however, shall perform the Services in accordance with applicable Laws and the Plan. (b) Permit and Costs. City shall provide the Permit and Contractor shall provide the Services under the authority of City's Permit,with City remaining the "operator" at all times. Contractor shall cooperate and assist City, as necessary, in maintaining the Permit. City shall be responsible for the cost of all testing and monitoring required by and associated with Landfill operations and all submittal costs of tests required under existing regulations of any local, state or federal agencies, including the existing requirements of Subtitle D. (c) TCEQ Fees. City shall be responsible for the payment of all existing fees required by the TCEQ to operate the Landfill. (d) Violations of Plan. Contractor shall be responsible for any violation by Contractor of the Plan or applicable Laws. (e) Third Party Inspections. Any state or federal agency having jurisdiction over the health and safety of the Landfill may inspect it at any time or times that may be reasonable for the inspection, preferably during Waste Acceptance Hours. 2.05 Term. Unless earlier terminated pursuant to the provisions of this Agreement, the term of the Agreement(the "Term")commences on the Effective Date. The Initial Operation Date will be February 1, 2021. The initial Term expires on January 31, 2029. Upon expiration of the initial Term, the Agreement may be extended by mutual written agreement for an initial renewal term of seven years (the Page 6 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF "first option period") and a second renewal term of five years ("second option period"). A request may be made by either parry to exercise an option to renew, and any such renewal request must be in writing and submitted not less than one year prior to the expiration of the then-current Term or first option period, as applicable. Failure by either party to submit a written request to renew in advance of the one- year requirement results in an automatic, rolling one-year extension of this Agreement with no change in Fees, terms, or conditions, with the rolling extension period measured from the date either party subsequently provides written notice of termination to the other party and continuing until a period not less than 365 days after the date notice of termination is provided to the non-terminating party. Notwithstanding the foregoing, in no event does this Agreement extend beyond January 31, 2041. 2.06 City's Rights. (a) Entry. Any officer or authorized employee of City may enter upon the Landfill without notice at any time, for any purpose incidental to City's retained rights of and in the Landfill; provided, however, that any such entry shall not interfere with the Services. (b) Keys, Phone Numbers. Contractor shall provide City with keys to the Landfill and a current list of names and phone numbers for use by City in the event of an emergency. (c) Lines and Easements. City retains the right to use or cross the Landfill with utility lines and easements. City shall use reasonable care in locating the utility lines and easements to minimize damage to the Landfill, and shall consult with Contractor to ensure that the work done on such utility lines or easements does not disrupt the operating portion of the Landfill or increase Contractor's costs of providing the Services. (d) Examination of Books and Records. (i) City reserves the right to examine or cause to be examined, at any reasonable time upon reasonable request, the books, papers and records of Contractor solely to the extent they relate to verifying Contractor's compliance with the terms of this Agreement. ARTICLE III. FEES 3.01 Fees. (a) Item Description of work Unit Fee (2/1/21) Landfill Operation 0 - 249,999 1 Tons TON $13.25 2 250,000 to 399,000 Tons TON $10.95 3 400,000 Tons or More TON $9.70 4 Raising Landfill Gas Well WELL $1,700.00 5 Managing Water Sludge TON $6.00 6 Stormwater/Drainage Clearing EACH $100/hour Page 7 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF Generally. During the Term, City shall pay Contractor the Fees laid out in the Pricing Form, Attachment B,for all Waste received at the Landfill, as follows: (i) For purposes of determining the amount due Contractor from City, City shall provide Contractor with a detailed listing of all transactions at the Landfill within five Business Days after the end of each calendar month,with such listing being sufficient to show the monthly tonnage upon which the Fee for the month is based. Contractor shall provide City with a bill based on such listing within five Business Days after receipt of the listing from City. Fee payments shall be due by the last Business Day of the month following the calendar month in which the Waste was received at the Landfill. (ii) After reasonable advance notice given to City, City shall permit Contractor's designated representatives to have access to the Landfill records, during Waste Acceptance Hours and at Contractor's expense, for inspection and copying of City's books and records pertaining to the determination of the information contained in the City's monthly tonnage report used by Contractor to generate its invoice. (iii) The Fee shall not apply to up to a maximum of 2,000 tons of Waste per year from special events to be designated by City. The parties may increase this volume for any particular year by mutual agreement. The City shall track the tonnage of Waste being delivered to the Landfill during said special events. If the tonnage of Waste received from the special events is less than 2,000 tons in any one year, then the Contractor's Fee shall only be waived on the actual tonnage of special event waste delivered to the Landfill. 3.02 Annual Adjustment of Fee. The Fee listed in Attachment B shall remain effective for the first full year of the Agreement. Fee adjustments may be requested by the Contractor(s) in second and subsequent years on an annual basis and are subject to approval by City Project Manager. Fee adjustments shall meet the following requirements: (a) Fee adjustments requests must be received by April 1st of each year (taking effect October 1st) or the Contractor forfeits the right to adjust the rate for the upcoming year. (b) The City may implement Fee decreases (based on the rate adjustment indices for each service described below) even if the Contractor does not submit the request by April 1st of a year. (c) Under no circumstances may an annual Fee adjustment increase exceed five percent, regardless of the Fee adjustment index calculation described below. Annual Fee increases are limited to annual changes in the CPI for the Houston-Galveston-Brazoria MSA and the Gulf Coast Diesel Fuel price index. (d) The Contractor will receive no other financial compensation outside the terms of the Agreement. (e) The rate adjustment index shall be based on 85% of the most recent February CPI for the Houston-Galveston-Brazoria MSA(All Urban consumers,Unadjusted 12 months ended February,Item: All items) andl5% on the Gulf Coast Diesel Fuel price index (cents per gallon), released annually by the United States Department of Energy (DOE), as more fully described in Attachment A. 3.03 Administrative Fees. The Contractor understands that if the Contractor does not timely perform its obligations pursuant to the terms of the Agreement or violates any provision of the Agreement, the City will suffer damages which are difficult to determine and adequately specify. The Contractor agrees, Page 8 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF in addition to any other remedies available to City, that City may assess a fee on the Contractor in the amounts specified below as administrative charges for failure of the Contractor to fulfill its obligations ("Administrative Fee"). The City, acting through the City Project Manager, may at its sole discretion waive the Administrative Fees based on acts of God,provisions of force majeure(where the cause is not attributable to a Contractor-created condition), or in other extraordinary circumstances. The following acts or omissions shall be considered non-compliance of the Agreement and the City may require payment by the Contractor of the charges set forth for each act or omission: (a) Failure to accept materials during Waste Acceptance Hours, beginning February 1, 2021. Administrative Fee: $250 per hour, charged in half-hour increments, up to $2,500 per day. (b) Failure to achieve the compaction rate in accordance with the requirements described in Attachment A. The Administrative Fee will be assessed based on a percentage of the Contractor's per ton rate based on the compaction rate and then multiplied by the number of tons accepted during the survey period for the ranges listed in Table 10 of Attachment A. (c) Failure to deliver reports as required by this Agreement. Administrative Fee: $100 per day each day until the report is delivered (d) Failure to maintain records in accordance with recordkeeping procedures as defined in this Agreement and Plan. Administrative Fee: $100 per day each day until Contractor is in compliance. (e) Failure to achieve truck turnaround time in accordance with Agreement. Administrative Fee: $500 per day plus $100 per vehicle in excess of truck turnaround time on such day. (f) Failure to provide access to the wet weather pad in accordance with Agreement. Administrative Fee: $500 per day plus $100 per vehicle that does not have access to the wet weather pad. (g) Failure to provide any other Services as required. Administrative Fee: $500 per day. Upon written notice to Contractor of the assessment of an Administrative Fee, Contractor may submit a request for review to the Assistant City Manager assigned responsibility for the City's Solid Waste Services Department. Any review request must be submitted in writing and received by the City not more than 10 days after the date of issuance of the assessment. Following submission of a timely request for review,the written decision issued by the Assistant City Manager is final.Payment of an assessment is due from Contractor by the end of the month next following the date of assessment, unless a written decision results in reversal of an assessment. ARTICLE IV. IMPROVEMENTS AND OWNERSHIP 4.01 Ownership of Improvements and Contractor Equipment. All improvements to the Landfill shall remain the property of City, subject to the rights of Contractor to use such improvements as set forth in this Agreement. Notwithstanding the foregoing, however, Contractor may bring the Contractor Equipment onto the Landfill, and such Contractor Equipment shall be the property of Contractor and may be removed by Contractor at any time. Page 9 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF 4.02 Improvements. (a) By City. In constructing any new improvements to the Landfill, City will ensure that the construction is accomplished such that improvements do not increase the cost for the Contractor to operate the Landfill or adversely affect the integrity, size or capacity of the Landfill. (b) By Contractor. During the Term, Contractor shall not alter, add to or improve the improvements or the Landfill without the prior written consent of the City, acting through the City Project Manager. To assist City in determining whether to grant such consent, Contractor shall submit the plans and specifications for any desired alteration, addition or improvement to City for review. If City consents to the alteration, addition or improvement, then Contractor shall obtain all required permits for the construction and the construction shall be subject to inspection by City and its designated representatives. The cost of any alteration, addition or improvement constructed by Contractor shall be borne by Contractor; provided, however, that City shall promptly reimburse Contractor for any of the same that are included within City's Responsibilities. ARTICLE V. ASSIGNMENT 5.01 Assignment. Contractor may assign this Agreement or any portion thereof upon first obtaining the prior written consent of City acting through its City Council, which consent shall not be unreasonably withheld. City may, upon written notice to Contractor but without Contractor's prior written consent, assign all or any portion of this Agreement for any lawful purpose; provided, however, that such assignment shall not relieve City of any obligation under this Agreement without the consent of Contractor. 5.02 Release of Contractor's Liability. If an assignment of this Agreement shall be made by Contractor or any successor of Contractor,the assignee shall be subject to the same terms and conditions contained in this Agreement, and Contractor or any successor herein so assigning and conveying shall thereafter be forever released and discharged from this Agreement and from the agreements and covenants contained in this Agreement if the assignee covenants to assume all obligations and duties of Contractor under this Agreement. ARTICLE VI. INSURANCE; INDEMNITY 6.01 Insurance. (a) Generally. Contractor shall secure and maintain at Contractor's expense, during the Term, insurance of the type and with the amount of coverage shown on the attached Attachment C, which is incorporated in this Agreement by reference. (i) Certificate of Insurance. 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. (ii) The original certificate(s)must have the agent's signature,including the signer's company affiliation, title, and phone number, and be mailed directly from the agent to the City Project Manager. Page 10 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF (iii) City has no duty to pay or perform under this Agreement until the certificate(s)have been delivered to the City Project Manager, and no officer or employee, other than City's Risk Manager or City Manager, have authority to waive this requirement. (b) No content. (c) City reserves the right to review the insurance requirements of this Section during the effective period of this Agreement and any extension or renewal of this Agreement and to modify insurance coverage requirements and their limits when deemed necessary and prudent by the Risk Manager based upon changes in statutory law, court decisions, or circumstances surrounding this Agreement. (d) Contractor's financial integrity is of interest to City, therefore, subject to Contractor's right to maintain reasonable deductibles in such amounts as are approved by City's Risk Manager, Contractor shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension of this Agreement, at Contractor's sole expense,insurance coverage in compliance with all requirements of Attachment C. (e) Contractor may not allow any subcontractor to commence work until all worker's compensation insurance required of the subcontractor has been acquired. Contractor shall see that subcontractors have acquired insurance, otherwise, the payment of monthly Fees under Section 3.01 to Contractor will be placed on hold until subcontractor(s) comply with insurance requirements. (f) If Contractor fails to maintain the insurance coverage required by this Section and Attachment C,or fails to secure and maintain the required endorsements,City may obtain such insurance, and deduct and retain the amount of the premiums for the insurance from any sums due under the Agreement. (i) However, procuring of insurance by City is an alternative to other remedies City may have and is not the exclusive remedy for failure of Contractor to maintain the insurance or secure an endorsement. (ii) In addition to any other remedies available, City may require Contractor to stop Services under this Agreement, or to withhold any payment(s)which becomes due and payable to Contractor under this Agreement, until Contractor demonstrates compliance with the requirements of this Section. (g) Nothing in this Section may 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 subcontractors' performance of the Services under this Agreement. (h) City may declare Contractor in default of this Agreement if more than 30 days have elapsed since original date of requested insurance documents. (i) If Contractor's worker's compensation insurance coverage for its employees working at the Landfill is terminated or cancelled for any reason, and replacement worker's compensation insurance coverage meeting the requirements of this Agreement is not in effect on the effective date of cancellation of the worker's compensation insurance coverage to be replaced, then any Contractor employee not covered by the required worker's compensation insurance coverage may not perform any Services at the Landfill. Page 11 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF 0) In accordance with other requirements of this Agreement, Contractor may not permit subcontractors or others to work at the Landfill, unless all individuals working at the Landfill are covered by worker's compensation insurance and unless the required documentation of such coverage has been provided to Contractor and the City Project Manager. (k) Accidents. (i) In the event of an accident resulting from the Services or occurring on the portion of the Landfill on which Contractor is providing the Services, Contractor shall: (A) promptly provide the City with a brief description of the accident, including the date of the accident and the persons involved; and (B) furnish the City with copies of all nonconfidential reports related to the accident as soon as practicable. It shall be Contractor's primary responsibility for immediately notifying the carriers of any or all insurance under this Agreement in the event of a known loss or claim presented to Contractor by the City or a third party and resulting from the Services or occurring on the portion of the Landfill on which Contractor is providing the Services. (ii) In the event of an accident resulting from the City's Responsibilities or occurring on the portion of the Landfill on which the City is performing the City's Responsibilities, the City shall: (A) promptly provide Contractor with a brief description of the accident, including the date of the accident and the persons involved; and (B) furnish Contractor with copies of all non-confidential reports to any independent third parties relating to the accident at the same time that such reports are forwarded to such independent third parties. Independent third parties shall not include the City or its employees, agents, insurers, attorneys or other representatives, and in no event shall the City be obligated to provide any internal report, any report that is privileged or constitutes attorney work product, or any report that is not forwarded to an independent third party. It shall be the City's primary responsibility for immediately notifying the carriers of any or all insurance under this Agreement in the event of a known loss or claim presented to the City by Contractor or a third and resulting from the City's Responsibilities or occurring on the portion of the Landfill on which the City is performing the City's Responsibilities. (1) Contractor shall obtain an endorsement to the applicable insurance policy, signed by the insurer, stating: "In the event of cancellation, each insurer covenants to mail prior written notice of cancellation to: "l. Name: City of Corpus Christi Attn: Risk Management "2. Address: P.O. Box 9277 Corpus Christi, Texas 78469-9277 "3. Number of days advance notice: 30, except 10 days' notice of cancellation due to premium non-payment " (m) At least ten Business Days prior to the commencement of any Services at the Landfill under this Agreement, Contractor shall provide the City Project Manager with a certificate of insurance certifying that Contractor provides worker's compensation insurance coverage for all employees of Contractor employed at the Landfill under this Agreement. Page 12 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF 6.02 Indemnification. 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 ONACCOUNT OF PERSONAL INJURIES,PROPERTYLOSS, 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 OR THE PERFORMANCE OF THIS A GREEMENT 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 QUALIFIED COUNSEL,AND PAYALL 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. IN NO EVENT WILL CONTRACTOR BE LIABLE FOR THE CITY'S SOLE NEGLIGENCE OR WILLFUL MISCONDUCT. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. ARTICLE VII. REPRESENTATIONS WARRANTIES AND COVENANTS 7.01 Representations,Warranties and Covenants of City. City makes the following representations, warranties and covenants to, with and for the benefit of Contractor, its successors and assigns: (a) City is a home-rule municipal corporation duly organized and validly existing under the Laws of the State of Texas with full legal right,power, and authority to enter into and perform its obligations under this Agreement. (b) City has fully authorized the execution and delivery of this Agreement and has duly executed and delivered this Agreement. This Agreement constitutes legal, valid and binding obligations of City, enforceable against City in accordance with its terms. (c) No approval, authorization, order or consent of, or declaration, registration or filing with, any Governmental Authority is required for the valid execution,delivery and performance of this Agreement by City, except such as have been duly obtained or made. (d) City has made available to Contractor all engineering, geologic and other similar reports, documentation,plats and maps in its possession or control relating to the Landfill and that would affect the provision of the Services by Contractor. Page 13 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF (e) No encumbrance with respect to Environmental liability has been imposed against City or the Landfill under any Environmental Law or other applicable Law, and no facts or circumstances exist which would give rise to the same. Further, no portion of the Landfill is listed on the CERCLIS list or the National Priorities List of Hazardous Waste Sites or any other similar list maintained by any Governmental Authority, and City: (i) is not listed as a potentially responsible party with respect to the Landfill or as a result of the operation by any Person of the Landfill under any Environmental Law or other applicable Law; (ii) has not received a notice of such listing; and (iii) has no knowledge of any facts or circumstances which could give rise to such a listing. (f) Except as disclosed on Attachment E, which is attached hereto and incorporated by reference, City is not aware of any underground or above-ground storage tanks, and piping associated with such tanks, containing Hazardous Materials, petroleum products or wastes or other hazardous substances regulated by 40 CFR 280 or other Environmental Law or other applicable Law located at the Landfill have been used and maintained in material compliance with all Environmental Laws or other applicable Laws. (g) The Landfill is fully licensed,permitted and authorized to carry on its current and contemplated business under the Permit, all Environmental Laws and all applicable Laws (including zoning and land use requirements). City has furnished Contractor with a true and complete copy of the Permit, Permit applications, and subsequent amendments to the Permit. All records and correspondence between City and the Texas Department of Health and the TCEQ are of public record and available in Austin, Texas. (h) City knows of no reason that might be the basis for the revocation or suspension of any of the Permit or any of the Landfill's other permits, licenses, zoning variances or other approvals. (i) No action is pending or, to the best of City's knowledge, threatened, against City or any other Person relating to the Landfill or the transactions contemplated by this Agreement, at Law or in equity. City has not received notice of any of the above, and, to the best of City's knowledge, no facts or circumstances exist which would give rise to any of the foregoing. 7.02 Representations, Warranties and Covenants of Contractor. Contractor makes the following representations,warranties and covenants to,with and for the benefit of City,its successors and assigns: (a) Contractor is a business entity organized and validly existing under the Laws of the State of Texas. Contractor has the full legal right,power, and authority to enter into and perform its obligations under this Agreement. (b) Contractor has fully authorized the execution and delivery of this Agreement and has duly executed and delivered this Agreement. This Agreement constitutes legal,valid and binding obligations of Contractor, enforceable against Contractor in accordance with its terms. (c) No approval, authorization, order or consent of, or declaration, registration or filing with, any Governmental Authority is required for the valid execution,delivery and performance of this Agreement by Contractor, except such as have been duly obtained or made. (d) Contractor shall not use the Landfill for any purpose other than providing the Services or as otherwise contemplated in this Agreement without City Manager's prior written approval. (e) Contractor shall not incur any debts or obligations on the credit of City during the Term. Page 14 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF (f) Contractor shall not permit any mechanic's lien, materialman's lien, personal property tax lien, or any other lien to become attached to the Landfill, or any part or parcel of the Landfill, or the improvements on the Landfill, by reason of any work or labor performed by any mechanic, materials furnished by any materialman, or for any other reason. (g) Contractor shall not exhibit, inscribe, paint, erect, or affix any sign at, on, or about the Landfill without City's prior written approval. City may require Contractor to remove,repaint, or repair any signs allowed within one month after City's written demand to do so. (h) Contractor will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Landfill, on the grounds of race,religion,national origin,marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. Contractor acknowledges City reserves the right to take the action as the United States may direct to enforce this covenant. (i) Contractor has adopted companywide drug and violence policies that apply to Contractor's employees at the Landfill. Contractor agrees to implement work rules at the Landfill that will substantially conform to or exceed the requirements in the City's Violence in the Workplace Policy and the City's Drug Free Workplace Policy. 0) Contractor acknowledges that it shall make its own analysis of the condition of the Landfill and that it is accepting the Landfill in its "AS IS" condition. (k) Contractor has adopted a Drug Free Workplace and drug testing policy that applies to Contractor's employees at the Landfill, which substantially conforms to or exceeds the requirements in the City's policy. ARTICLE VIII. DEFAULT 8.01 Default by City. Any one or more of the following events shall constitute an Event of Default by City under this Agreement: (a) City fails or refuses to pay any money or perform any act which it is obliged to pay or perform under this Agreement which is not cured by City within 30 days after receipt of written notice from Contractor;provided,however,that if such default is of such a nature that it cannot be reasonably cured or remedied within such 30-day period, but City shall have in good faith commenced curing or remedying such default within such period and shall thereafter diligently proceed therewith to completion, the default shall not be an Event of Default until the expiration of any such reasonable period, which, in no event, shall extend longer than four months after receipt by City of such notice; (b) City files for protection under the U.S. Bankruptcy Code and fails to make payments when due to Contractor; or (c) Any material representation or warranty made by City to Contractor herein is false, incorrect, or misleading. 8.02 Contractor's Remedies.Upon or after the occurrence of any Event of Default specified in Section 8.01, Contractor may, at its option, do any or all or any combination of the following: Page 15 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF (a) Perform at City's expense any such act required to be performed by City under the Agreement and any amounts advanced by Contractor for such purposes shall be due from City to Contractor within one month after notice by Contractor to City of any such payment, with interest at the prime interest in accordance with the Texas Prompt Payment Act. (b) Terminate this Agreement. (c) Pursue against City any remedy available at Law or in equity. 8.03 Default by Contractor. Any one or more of the following events shall constitute an Event of Default by Contractor under this Agreement: (a) Contractor fails to commence the Services on February 1, 2021; (b) Contractor completely ceases to provide the push, pack, and cover Services for a continuous period of 24 hours after the Services have commenced and fails to use commercially reasonable efforts to find an alternate Disposal facility that is authorized and will accept the waste (from both City and City's Landfill customers); (c) Contractor fails to maintain the insurance required by Section 6.01; (d) Contractor fails or refuses to pay any money or perform any indemnity or other act which it is obliged to pay or perform under this Agreement which is not cured by Contractor within five Business Days after receipt of written notice from City Manager; provided, however, that if such default shall be of such a nature that it cannot be reasonably cured or remedied within such five Business Day period, but Contractor shall have in good faith commenced curing or remedying such default within such period and shall thereafter diligently proceed therewith to completion, the default shall not be an Event of Default until the expiration of any such reasonable period, which, in no event, shall extend longer than the period agreed to by the parties or, if the parities cannot agree on an extension period then it is understood the period will be four months after receipt by Contractor of such notice; (e) Contractor files for protection under the U.S.Bankruptcy Code and fails to make payments when due to City; or (f) Any material representation or warranty made by Contractor to City herein is false, incorrect, or misleading. 8.04 City's Remedies. Upon or after the occurrence of any Event of Default specified in Section 8.03, City may, at its option, do any or all or any combination of the following: (a) Perform at Contractor's expense any such act required to be performed by Contractor under the Agreement and any amounts advanced by City for such purposes shall be due from Contractor to City within one month after notice by City to Contractor of any such payment, with interest at the prime interest rate on the date of the default from the date of payment thereof by City until repayment thereof to City by Contractor. (b) Terminate this Agreement. (c) Pursue against Contractor any remedy available at Law or in equity. Page 16 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF 8.05 Force Majeure. (a) Generally. No parry to this Agreement shall be liable for delays or failures in performance due to any cause beyond their control, including any delays or failures in performance caused by strikes, lockouts, fires, acts of God or the public enemy, common carrier, severe inclement weather, terrorist acts, riots or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. Contractor shall inform City in writing of proof of the force majeure within three Business Days or otherwise waive this right as a defense. (b) Exceptions. With respect to a flood, hurricane, other act of God, or manmade event over which Contractor has no control, Section 8.05(a) shall apply only during the existence of such event and shall not apply with respect to the need to Handle any increased volume of Waste that may result from the event. Further, if Contractor cannot provide Services at the Landfill because of such a force majeure event which is not the result of Contractor's act or omission: (i) Contractor shall use commercially reasonable efforts to find an alternate Disposal facility that will accept the Waste (from both City and City's Landfill customers); (ii)the alternate Disposal facility must be authorized to accept City's Waste during such force majeure event; and (iii) the Contractor and City shall offset against such alternate Disposal facility's rate the documented increase in City's costs resulting from Disposing at the alternate Disposal facility rather than the Landfill(as such increased costs are offset by any documented decrease in City's costs resulting from Disposing at the alternate Disposal facility rather than the Landfill) in determining the Fee due, if any, resulting from or during such event. 8.06 Performance Bond. (a) During the Term, Contractor shall annually provide City with a Performance Bond in an amount based on the projected processing Fees that would accrue over a 12-month period multiplied by the previous year's reported tonnage to TCEQ. The Performance Bond required on the Effective Date is based on 443,418 tons multiplied by the applicable Fee per Ton in Attachment B. Such Performance Bond amount will be recalculated and is subject to adjustment on or about December 1 each year(based on the tonnage reported annually to TCEQ each November). (b) The Performance Bond shall guarantee the full and faithful execution of the Services and performance of the Agreement by Contractor. (c) The Performance Bond must provide for the repair and maintenance of all defects due to faulty workmanship that appear within a period of one year from the date of completion and acceptance of the services by City. (d) No surety will be accepted by City from any Surety Company who is now in default or delinquent on any bonds or who has an interest in any litigation against City. (e) The Performance Bond must be issued by an approved Surety Company authorized to do business in the State of Texas. (f) If the Performance Bond is in an amount in excess often percent(10%)of the Surety Company's capital and surplus, the Surety Company shall provide certification satisfactory to City Attorney that the Surety Company has reinsured the portion of the bond amount that exceeds ten percent(10%) of the Surety Company's capital and surplus with reinsurer(s) authorized to do business in the State of Texas. Page 17 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF (g) The amount of the bond reinsured by any reinsurer may not exceed ten percent (10%) of the reinsurer's capital and surplus. (h) For purposes of this Section, the amount of allowed capital and surplus will be verified through the State Board of Insurance as of the date of the last annual statutory financial statement of the Surety Company or reinsurer authorized and admitted to do business in the State of Texas (i) The Surety must designate an agent who is a resident of Texas. 0) The Performance Bond must be executed by Contractor and the Surety. (k) The Performance Bond must be executed by a Surety Company that is certified by the United States Secretary of the Treasury or must obtain reinsurance for any liability in excess of$100,000 from a reinsurer that is certified by the United States Secretary of the Treasury and that meets all the above requirements. (1) The insurer or reinsurer must be listed in the Federal Register as holding certificates of authority on the date the bond was issued. (m) Should any surety on the Agreement reasonably be determined unsatisfactory at any time by City, notice will be given Contractor to that effect, and Contractor shall immediately provide a new surety reasonably satisfactory to City. (n) No payment will be made under this Agreement until the new surety, or sureties as required, has qualified and been accepted by City (o) This Agreement may not be operative, nor will any payments be due or paid, until approval of the Performance Bond has been made by City. (p) City requires that any Power of Attorney submitted with any Performance Bond be signed with an original signature and properly dated and sealed. (q) In the event a facsimile Power of Attorney is used, City must have on file a Sworn statement from an officer of the surety company to the effect that the agent who signs the bond form for the surety is currently in good standing with the surety. (r) In the event a facsimile Power of Attorney is used, the facsimile must be a true copy of the original Power of Attorney on file among the records of the surety in its home office, not be amended or abridged, still be in full force and effect, and that City will be notified in the event of cancellation of the particular agent. (s) The Performance Bond shall provide that any subsequent contractor used by the bonding company in the event of a default by Contractor that results in the bonding company commencing performance of the Services shall be subject to City's approval, which approval shall not be unreasonably withheld. ARTICLE IX. MISCELLANEOUS 9.01 Relationship. Page 18 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF (a) No Agency. Neither Contractor nor City nor their respective employees, agents, contractors or guests shall be considered employees or agents of the other parry or to have been authorized to incur any expense on behalf of the other parry or to act for or to bind the other parry. (b) No Liability. Neither Contractor nor City shall be liable for any acts, omissions or negligence on the part of the other parry or its employees, agents, contractors or guests,resulting in either personal injury or property damages. (c) Independent Contractor. City and Contractor shall not be construed to be landlord and tenant, partners,joint venturers, tenants in common or joint tenants. The relationship created hereby is solely a contractual relationship of an independent contractor, and this Agreement must be construed conclusively in favor of that relationship. Contractor has exclusive control of and the exclusive right to control the details of its performance of the Services and all persons performing the same. (d) Respondeat Superior. The doctrine of respondeat superior shall not apply as between City and Contractor and Contractor's employees, agents, contractors and guests. (e) Operator. City shall at all times be deemed to be the"operator" of the Landfill within the meaning of all Environmental Laws and other Laws, and Contractor shall in no event be deemed to be the "operator" of the Landfill (including if Contractor performs any acts pursuant to Section 8.02(a)). 9.02 Title to Landfill. Contractor has no possessory or other right,title, interest or estate in the Landfill other than the rights granted to it under this Agreement, and Contractor shall in no event be deemed to have any ownership, leasehold or possessory right in or control over the Landfill. Contractor acknowledges that: (i)City does not warrant City's title to the Landfill; (ii)this Agreement and the rights and privileges granted Contractor under this Agreement are subject to all covenants, conditions, easements, restrictions, and exceptions of record or apparent; and (iii) nothing contained in this Agreement may be construed to imply the conveyance to Contractor of rights in the Landfill that exceed those owned by City. 9.03 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas. 9.04 Severability. (a) If, for any reason, any section,paragraph, subdivision, clause,provision,phrase, or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future Law or by a final judgment of a court of competent jurisdiction,then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable,will not be affected by the Law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. (b) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future Law effective during the Term, then the remainder of this Agreement is not affected by the Law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as Page 19 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 9.05 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. 9.06 Amendment. This Agreement may not be amended except by a written instrument executed by each parry to this Agreement acting through a person authorized to sign agreements on behalf of such party (which, in the case of City, shall be the City Manager or the City Manager's designee). 9.07 Notices.All notices or other communications required or permitted under this Agreement by either party must be in writing and must be given by depositing the same in the United States mail, addressed to the party to be notified, postage prepaid, certified with return receipt requested, or by overnight courier,prepaid, or by delivering the same in person to such parry, addressed as follows: To City: Director of Solid Waste Services City of Corpus Christi 2525 Hygeia Street, 78415-4117 P.O. Box 9277 Corpus Christi, Texas 78469-9277 To Contractor: Integrated Transfer Services, L.P. Mr. Jim Latimore, General Manager 306 West 7th Street, Suite 600 Fort Worth, Texas 76102 Notice shall be deemed given and effective the day personally delivered, the Business Day after it is given to the overnight courier, subject to signature verification, and two Business Days after deposit in the U.S.mail if the writing is addressed and sent as provided above.Eitherparty may change the address for notice by notifying the other party of such change in accordance with this Section. 9.08 Waiver. No delay of or omission in the exercise of any right, power or remedy accruing to either party as a result of any breach or default by the other parry under this Agreement shall impair any such right, power or remedy, nor shall it be construed as a waiver of or acquiescence in any such breach or default, or of or in any similar breach or default occurring later. No waiver of any single breach or default shall be deemed a waiver of any other breach or default occurring before or after that waiver. 9.09 Entire Agreement. This Agreement is the final, complete and exclusive statement of the agreement between the parties with relation to the subject matter of this Agreement. There are no oral representations,understandings or agreements covering the same subject matter as this Agreement. This Agreement supersedes and cannot be varied, contradicted or supplemented by evidence of, any prior or contemporaneous discussions, correspondence, or oral or written agreements or arrangements of any kind. Page 20 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF 9.10 Counterparts.This Agreement may be executed in two or more original or facsimile counterparts, each of which shall be deemed an original and all of which together shall constitute but one and the same instrument. 9.11 Further Assurance. The parties each agree to do, execute, acknowledge and deliver all such further acts, instruments and assurances and to take all such further action as shall be necessary or desirable to fully carry out this Agreement and to fully consummate and effect the transactions contemplated hereby. 9.12 No Third-Party Beneficiary.This Agreement is not intended to give or confer any benefits,rights, privileges, claims, actions or remedies to any Person, including the public, as a third-party beneficiary, under any Laws or otherwise. 9.13 Expenses. Contractor will pay the fees, expenses, and disbursements of Contractor and its representatives incurred in connection with this Agreement. City will pay the fees, expenses, and disbursements of City and its representatives incurred in connection with this Agreement. 9.14 Survival. Termination or expiration of this Agreement for any reason does not release either party from any liabilities or obligations under this Agreement that: (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to be performed; or (c) by their nature would be intended to be applicable following the termination or expiration of this Agreement. 9.15 Binding Effect. This Agreement shall be binding upon and inure to the benefit of, to the extent provided herein, City and Contractor and all parties having or acquiring or claiming through City and Contractor any right, title or interest in or to any portion of, or interest or estate in, the Landfill and all covenants, agreements, conditions and undertakings in this Agreement shall be construed as covenants running with the Landfill site. Notwithstanding the foregoing, however, Contractor acknowledges and agrees that this Agreement is not binding on City until properly authorized by City's City Council and executed by the City Manager or designee. 9.16 Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and other incorporated documents, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement(excluding attachments); B. its attachments; C. the RFP and its addendums; then, D. the Contractor's Response. [Signatures Appear on Next Page] Page 21 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF IN WITNESS WHEREOF, and with the intent to be legally bound, the parties have caused this instrument to be executed as of the Effective Date. CONTRACTOR DOCUSigned by: Signature: Bcosco90923o426... Printed Name: john Avila Title: Managing Partner Date: 7/14/2020 CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney for Miles Risley, City Attorney Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Pricing Form Attachment C: Insurance Requirements Attachment D: Site Operating Plan Attachment E: Storage Tank Disclosure—Easement Survey Plan Map Page 22 of 22 Https:HCorpuschristi.Sharepoint.Com/Sites/Contractsandprocurement/Purchasing/PROCUREMENTS/2020/Landfill And Recycling Services-RFP 3016 -KB/Service Agreement/Landfill Services Agreement Vfmal Unexectd.Docx DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF Attachment A - Scope of Work 1.1. Definitions Alternative Daily Cover (ADC). Cover material other than earthen material placed on the surface of the active face of the Landfill and at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging. Applicable Law. Any permits, licenses and approvals issued for or with respect to Contractor, equipment utilized by Contractor, properties (or any component thereof) utilized by Contractor, or the performance of Contractor's obligations hereunder, and any statute, law constitution, charter, ordinance, resolution, judgment, order, decree, rule, regulation, directive, interpretation, standard or similarly binding authority, which in any case, is or shall be enacted, adopted, promulgated, issued or enforced by a governmental body, regulatory agency of their equipment or any properties (or any component thereof) utilized by Contractor or the performance of Contractor's obligations hereunder Business Day. Any day in which normal business operations are conducted. Cefe Valenzuela Landfill or Landfill. The landfill owned by the City located at located in Nueces County at the intersection of Farm to Market 2444 and County Road 20. City. The City of Corpus Christi, Texas. City Holiday. Observed holidays where the Contractor(s) may close facilities consistent with the City's holiday schedule as described in Section 4.2.D. City Project Manager. The person, or his/her designee, designated by City to administer and monitor the provisions of the contract. City Vehicles. Vehicles containing materials collected by City. Collect or Collection. The act of removing material for transport to the facility. Contractor. The successful Proposer to whom the City awards a contract for services. There may be multiple Contractors selected for one or more services as described in Section 1 .1 . The Contractor includes all sub-contractors. Contractor's Representative. The responsible party in charge of operations and authorized to make decisions and act on the Contractor's behalf as to one or more contract(s). Gully Hurst Landfill. Type IV Landfill located at 1435 Country Road 26, Corpus Christi, Texas 78415. JC Elliot Transfer Station or Transfer Station. Facility located at Hwy 286 at Ayers Street, Corpus Christ, TX 78417 for handling and transferring material for disposal or diversion from the Landfill DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF Landfill Services Agreement. The existing agreement between the City and Republic Services for Landfill operations. Municipal Solid Waste. Solid waste resulting from or incidental to municipal, community, commercial, institutional, and recreational activities, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and all other solid waste other than industrial solid waste. Municipal Wastewater Treatment Sludge. Nutrient-rich organic materials resulting from the treatment of sewage in a treatment facility including but not limited to a wastewater treatment plant. Personal Protective Equipment (PPE). Equipment that will protect the user against health or safety risks including hard-hats, gloves, eye protection, high-visibility clothing, safety footwear, and respiratory protective equipment. Sanifoam. 3-M Sanifoam is an air-injected, two component synthetic foam that can be sprayed onto the landfill solid waste surface to form an expanded protective foam blanket. Site Operating Plan. The Site Operating Plan (SOP) provides guidance from the design engineer to the site management and operating personnel. It will facilitate site operations in compliance with applicable TCEQ regulations and current standards of practice in the industry, compatible with the design of the facility. This Plan will serve as a reference source and is to be used as a training tool for landfill personnel. The contents of this SOP are consistent with the current permit and its supporting documents, except for portions which revisions are necessary to comply with the current SOP rules. Polyethylene Tarp Covers. Tarps are a form of ADC used on landfill working faces (less than 200' x 200') and on slopes too steep for 3-M Sanifoam application. The tarps are fifty feet by fifty feet (50' x 50') in size and are made out of a fire-retardant woven fabric which repels water. The tarps are an effective deterrent against vectors, odors, and windblown litter by effectively sealing in the waste Proposal. Means the submission made to the City in response to the RFP with respect to the provision of services as described in the RFP, including all technical, legal, financial information, and all Proposal attachments and/or forms. Rolling Stock. Any machinery that is self-propelled, mobile or portable, including but not limited to compactors, semi-tractors, semi-trailers, forklifts, front-end loaders, and any other mobile equipment utilized under this Contract. Unaccepted Loads. A Load or loads that do not comply with the requirements of one or more Contracts. Unaccepted Loads for each service options included in this agreement are referred to specifically as Unaccepted Loads at the Landfill Facility and Unaccepted Loads at the Recycling Facility. Water Treatment Sludge. Solid waste resulting from the treatment of either surface water or groundwater for potable use. DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF 1.2. Background and System Description The purpose of this section is to describe the current solid waste and recycling services provided by the City. A. Collection Services 1 . Customer Base a. The City provides curbside collection service to about 89,000 accounts for garbage, recycling, heavy brush and bulky items among ten collection zones. Table 1 summarizes the Single-Family, Multi-family, and Industrial, Commercial and Institutional (ICI) accounts serviced by the City. Table 1 - City Customer Accounts (2018) Customer Type Accounts Single-Family 86,090 Multi-Family 1 ,062 ICI 1 ,901 Total 89,053 b. Collection services are made available to every residence, business or commercial establishment or other occupied premises within the City. Any owner of a business, commercial establishment or residential property containing more than eight family dwellings who do not desire collection services can notify the City to opt-out of service. 2. Garbage Collection Residential garbage is set-out in 96-gallon carts collected once per week among ten collection zones using automated side-loaders (side-loaders) and semi-automated rear loaders (rear loaders). Residential garbage is collected Monday through Friday from 7:30am - 5:00pm unless there are planned schedule changes due to a City Holiday. Figure 1 shows the solid waste collection zone map. DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF Figure 1 - Collection Zone Map rVPUeces Bay Upy� � O y ua Corpus g Christi Bay z �e o 4M°q l Legend r -Recycle 2nd Week 111 MondayCallecuon{® _Recycle 1stWeek r Recycle 2nd Week mesa:ycoll«aC Recycle 1st Week Wednesday coue«imn -Recycle 2nd Week ` -Recycle 1st Week -Recycle 2nd Week ThursdayCalle co on ® Recycle 1st Week , Gulf of Mexico Q Recycle 2nd Week wmew Friday Colle cti on -Recycle 1st Week 3. Recycling Collection Residential recycling is set-out in 96-gallon carts collected every other week from Single-Family and Multi-family dwelling units using the same vehicles as residential garbage collection. Residential recycling is collected on the same day as garbage collection from 7:30am - 5:00pm unless there are changes due to a City Holiday. 4. Heavy Brush and Bulky Collection a. Heavy brush and bulky items are collected on a published schedule where the City provides two brush collections and two brush and bulk collections per year. The City is divided into 13 zones, each of which has a week-long collection period where the brush and bulk crews will collect the zone's material. Residents are instructed to set material out up to five days before the beginning of the zone's designated collection period. Set outs are serviced using one Rear Steer loader, 26 cubic yard brush trucks and several 30 and 45 cubic yard dump trucks to haul material for processing or disposal. Dirty brush loads and bulk loads are disposed at the Gully Hurst Landfill and clean brush loads are transported to the brush drop-off and grinding area at the Transfer Station. b. Table 2 shows City-collected garbage, recycling, brush and bulky material collected for the past three years. Materials ultimately destined for landfill DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF are either hauled directly to the Cefe Valenzuela Landfill and/or Gully Hurst Landfill or are transferred at the Transfer Station before final disposal, as described further in Section 4.2.D Table 2 - Annual City Collected Garbage, Recycling and Brush/Bulky Material (Tons) Year Garbage Recycling Brush/Bulky' 2017 108,589 13,817 23,574 2018 107,226 13,227 19,882 2019 1 108,054 13,057 24,825 Represents only brush/bulky collected by City and disposed at Gully Hurst Landfill. See Section 4.l.D for information on clean brush processed at the Transfer Station and diverted from disposal.Material tracked by cubic yards; tonnage calculated assuming density of 200 pounds per cubic yard. B. MSW Disposal 1 . JC Elliot Transfer Station The JC Elliot Transfer Station (Transfer Station) is located at Hwy 286 at Ayers Street, Corpus Christ, TX 78417 and provides drop-off services for residents Monday through Saturday from 8:00 am - 5:00 pm. Materials collected include garbage, recycling, brush, bulky waste, household hazardous waste, tires and electronics. Table 3 show the historical tonnage delivered to the Transfer Station and diverted from the Cefe Valenzuela Landfill (Landfill). Table 3 - Material Processed at JC Elliot Transfer Station and Diverted from Disposal (Tons) Clean Metal Material Wood Concrete Mulch Recycling Tires 2017 1040 151 937 695 3,019 2018 1 ,446 281 563 745 1 ,542 2019 885 199 380 474 1 ,070 Clean brush material is stockpiled and processed at the Transfer Station and utilized as ADC or other needs at the Landfill, as described in Section 4.2.B.2. 2. Cefe Valenzuela Landfill a. The City owns the Cefe Valenzuela Landfill (Landfill), TCEQ Permit 2296. The Landfill property is located in Nueces County at the intersection of Farm to Market 2444 and County Road 20. The Landfill property covers about 2,273 acres and includes two Type I MSW units. The Landfill is expected to have DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF 177 years of capacity left at the current disposal rate. Currently, the City contracts with Republic Services for the processing and disposal of material at the Landfill. The contract expires January 31 , 2021 . The Landfill has an active Landfill Gas (LFG) system in place. The LFG system in place is owned by the City and all LFG collected at the Landfill is currently flared on site. b. Table 4 compares the residential and commercial garbage that is transferred and directly hauled to the Landfill for the past three years. Table 4 - Garbage Direct Hauled and Transferred to Landfill (Tons) Facility Direct Haul Transfer Total 2017 347,269 89,813 437,082 2018 308,764 110,600 419,364 2019 280,920 117,571 398,491 c. In addition to City-collected material, there are cash customers and commercial haulers that have entered into Put-or-Pay contracts to dispose material at the Landfill. Table 5 shows the total tonnage of material disposed annually by customer type. Table 5 -Total Material Disposed at Cefe Valenzuela Landfill by Customer Type (Tons) Customer Type 2017 2018 2019 Put or Pay Customers 245,132 250,137 233,951 Absolute Industries 38,292 41,244 39,247 Browning-Ferris Industries (BFI) 144,507 135,464 133,350 Corpus Christi Disposal 47,280 49,079 37,219 Dawson Recycling & Disposal 6,501 6,101 4,966 Killian Calderon Disposal 5,312 14,037 15,968 Coastal Trailer Trash 3,238 4,213 3,201 Other Commercial - Direct Haul 11,800 17,488 15,275 City- Direct Haul 45,775 37,108 28,562 Municipal Wastewater Treatment 35,449 40,059 39,083 Sludge' Transfer2 89,812 110,600 117,571 Other3 59,253 11,573 13,707 Total 487,205 466,965 488,149 1. Includes sludge from wastewater department 2. Includes residential and commercial garbage transferred for disposal 3. In 2017 41,252 tons of water treatment sludge was disposed DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF d. Municipal Wastewater Treatment Sludge is currently disposed in the Landfill. e. Water Treatment Sludge is currently delivered to the Landfill and used to mix with mulch to create an ADC to conform with the requirements of ADC materials as described in Section 26.2 of the Site Operating Plan (SOP) provided as Exhibit 1 . f. Water Treatment Sludge is delivered to the Landfill and has historically been disposed or used as Alternative Daily Cover. The volume of this material delivered to the landfill is variable, and the historical quantities disposed or used as ADC at the landfill as shown in Table 6. Table 6 -Water Treatment Sludge Quantities Delivered to the Landfill (tons) Year Disposed ADC 2017 41,252 26,323 2018 0 64,976 2019 0 0 3. Gully Hurst Type IV Landfill The majority of brush and bulky material collected by the City is hauled to the Gully Hurst Type IV Landfill located at 1435 Country Road 26, Corpus Christi, Texas 78415, TCEQ permit 2349. The City entered into an agreement for the disposal of bulky items, brush, construction or demolition waste, and heavy brush collected by the City. The agreement ends October 31, 2023. As part of this agreement, the City has committed to delivering a minimum of 231 ,500 cubic yards of material annually. The historical quantities of material disposed at the Gully Hurst Landfill are provided in Table 2. C. Recycling Processing 1 . The current term of the City's existing Single-Stream Recycling processing services contract with BFI Waste Services of Texas, LP, a subsidiary of Republic Services (Republic) will expire January 31, 2021 . Under this contract, Republic processes and markets Residential Recyclable materials and residents are able to bring material for drop-off Monday - Friday from 8:00 am to 4:00 pm at the MRF located at 4414 Agnes Street, Corpus Christi, TX 78405. 2. Table 7 provides the historical composition of Recyclable Materials processed based on the Recycling Material Audits conducted by the City in coordination with Republic in May of each year. Table 7 - Historical Composition of Recycling Materials Commodity Type 2017 2018 2019 Old Corrugated Cardboard (OCC) 23.62% 17.35% 16.96% DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF Mixed Paper 36.01% 38.54% 39.46% Used Beverage Containers (UBC) 1 .78% 1 .62% 1 .36% Tin, Bi-Metal 3.26% 3.16% 2.96% PET 4.72% 5.49% 5.71 HDPE - N 1 .45% 1 .13% 1 .20% HDPE - C 1 .84% 2.25% 2.16% Plastic #347 1 .18% 1 .59% 0.87% Contamination 26.14% 28.87% 29.32% Total 100.00% 100.00% 100.00% 3. As part of its current contract, the City has a revenue sharing agreement where it receives a rebate of 85 percent of the sale price of recycling materials it delivers to the MRF. The sale price per ton is determined by the average sales of all tons by commodity. D. Brush Processing Brush material collected at the Transfer Station is stockpiled and processed on an as-needed basis by Austin Wood Recycling. The ground brush material is used as mulch for any needs at the Landfill (e.g. mixed with water treatment sludge for use as Alternative Daily Cover, sloping, road construction, etc.). The historical tonnages processed at the Transfer Station are shown in Table 8. Table 8 -Tonnages of Brush Processed by Austin Wood Recycling Cubic Estimated Yards Tonnage' 2017 105,300 10,530 2018 47,182 4,718 2019 1 65,218 1 6,522 Calculated at 200 pounds per cubic yard E. Education and Outreach 1 . The City provides recycling education and outreach to its residents through various methods that are intended to increase awareness, participation, and compliance with recycling program guidelines. The City has a full-time outreach coordinator on staff that shares time between the City's solid waste department and Public Information Office. The outreach coordinator is responsible for education and outreach, overseeing consistent and effective messaging, developing media content, speaking to community groups and DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF schools, representing the department at community events, and coordinating volunteer and community clean-up programs. 2. As part of its education and outreach efforts, the City has developed and deployed education efforts including the Recycle Right campaign with the mission to educate the public about which items can and cannot be recycled. The campaign also highlights the negative environmental and financial effects of improper recycling practices which can result in contamination. See more information on the Recycle Right campaign here: https://www.cctexas.com/recycleri_ght. 1.3. General Requirements The purpose of this section is to describe the general requirements and terms that are applicable to all service options as part of this contract. A. Rate Adjustments 1 . The Rates proposed in the Financial Proposal, or as agreed to by the City and Contractor, shall remain effective for the first full year of the Contract(s). Rate adjustments may be requested by the Contractor(s) on an annual basis and are subject to approval by City Council. Rate adjustments shall meet the following requirements for each service: a. Rate adjustments requests must be received by April 1st of each year (taking effect October 1 st) or the Contractor forfeits the right to adjust the rate for the upcoming year. b. The City may implement rate decreases (based on the rate adjustment indices for each service described below) even if the Contractor does not submit the request by April 1 st of a year. c. There is a five percent limit on the annual rate adjustments regardless of rate adjustment indices calculation described below for each service. d. The Contractor will receive no other financial compensation outside the terms of the contract. 2. The rate adjustment indices shall be based on the following for each service option. a. Landfill Operations The rate adjustment index shall be based on 85% on the most recent February CPI for the Houston-Galveston-Brazoria MSA (All Urban DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF consumers, Unadjusted 12 months ended February, Item: All items) and 15% on the Gulf Coast Diesel Fuel price index (cents per gallon), released annually by the United States Department of Energy (DOE). Example: Assume that the CPI for 2019 is 105.5 and for 2018 is 110.5. Assume that the Diesel Fuel price index by the DOE for Diesel Fuel (cents per Gallon), U.S. in 2019 is 308.5 and change from a year ago was -21 .5. The calculation is as follows: (110.5 — 105.5) - .85 = 4.03% 105.5 then 308.5 — (308.5 — (-21.5)) x .15 = —0.98% (308.5 — (-21.5)) then 4.03% + -0.98% = 3.05% annual rate adjustment b. Recycling Processing PSA The rate adjustment index shall be based on 100% on the most recent February CPI for the Houston-Galveston-Brazoria MSA (All Urban consumers, Unadjusted 12 months ended February, Item: All items). B. Recordkeeping and Reporting 1 . For all service options, the Contractor(s) shall create, maintain and make available records as defined in and/or required by Applicable Law, and any reports reasonably necessary to: a. Document actions taken in accordance with Transition Plan(s). A monthly summary shall also be submitted to City. b. Document employee and Subcontractor training by description of training, date of training, time of training, names of personnel who attended training, name of training instructor, and other information as requested by the City Project Manager. c. Provide data as needed by the City for preparing monthly, quarterly or annual reports. d. The Contractor shall immediately contact the City Project Manager if a facility inspection as part of one or more Contract(s) identifies an issue requiring maintenance or repair (e.g., final cover erosion at the Landfill DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF Facility, equipment malfunction at the Recycling Facility). Upon notification, the City and Contractor will review the maintenance or repair needs and determine the responsible party based on the Contract. e. The Contractor shall be responsible for recording and/or reporting any missing criteria, data, guidance, information, or providing more frequent reporting to the City Project Manager that arise based on the needs to complete of the tasks of the Contract(s). f. The Contractor shall inform the City Project Manager of their contact name or address identified in this Contract if there is a change within 15 days of such occurrence. g. The Contractor shall acquire written consent from the City for any subcontractors to be used to complete any portion of the Contract for each service option. Written qualifications of this subcontractor must be provided to the City prior to subcontractor work under the Contract(s). h. The City Project Manager will be allowed to review and comment on any documents prepared by the Contractor's engineering consultant. i. The report format shall be approved by the City. The Contractor(s) shall submit all monthly reports to the City within seven calendar days following the end of each calendar month and all annual reports to the City Project Managerwithin thirty calendar days following the Contract year end. The Contractor(s) shall submit all reports in electronic (e.g., Excel, delimited text files) and hard copy format approved by the City Project Manager. The Contractor must retain all records related to the Contract for the duration of the Contract term and a period of five years following expiration and/or termination of the Contract. 2. As part of the Landfill Operations, the Contractor shall create, maintain and make available records and provide reports for filing and storage at City offices as described herein at the following frequencies: a. Monthly Reports i. The Contractor will develop and submit a written site operating record for the Landfill and any associated facilities required by the Site Operating Plan, including copies of reports and site operating records. The Contractor will provide submittals to the site operating record as frequently as described in Section 2 of the Site Operating Plan, which may be more frequently than monthly, for filing in City offices. ii. The Contractor will hold regularly scheduled safety meetings once per month as described in Section 6 of the Site Operating Plan and report any changes to this regularly scheduled meeting to the City. iii. All complaints shall be communicated to the City Project Manager within 24 hours of receipt. The Contractor shall provide a monthly summary of all customer complaints to the City Project Manager by DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF the 15th day of each following month. The report must include the customer's name, address, complaint/inquiry, investigation summary, and action taken by the Contractor. b. Quarterly Reports i. The Contractor shall document the receipt or disposal of Unaccepted Loads at the Landfill Facility. A quarterly summary of any documented instances shall be provided to the City Project Manager. ii. The Contractor shall notify, via quarterly reports, the City Project Manager on any changes in personnel; indicating training, certification, and function on Site. iii. The Contractor shall document training, initial and recurring as described in Section 4.4.E, and provide a quarterly summary to the City Project Manager. iv. The Contractor shall notify the City Project Manager on any changes in equipment being utilized in regard to Landfill operations; including type and function on the Landfill, on a quarterly basis. c. Annual Reports Contractor shall prepare a Fire Prevention, Response and Safety Plan, as described in Section 4.4.A.4. As part of this Fire Prevention, Response and Safety Plan, the Contractor shall prepare a report for the City Project Manager for submittal to the TCEQ within two weeks after an emergency has occurred at the Site, or more frequently at the City's request. The report shall describe the emergency and actions taken to minimize impacts on human health and the environment. Emergencies include but are not limited to: methane (i.e., landfill gas) buildup in site structures or probes, fires, explosions, storm damage, and leachate spills. The Contractor shall provide an updated Site Safety Plan as changes occur in it to the City Project Manager. C. Visitation Rights, Inspection Rights and Right to Audit For each service option, an authorized representative from the City may inspect the facility associated with that service option and view the work performed at any time to determine compliance with the Contract(s), including all equipment, operating procedures, materials and records, and maintenance records. Inspections will occur during operating hours with or without notification, and inspection will not relieve the Contractor from any obligation to perform the work strictly in accordance with the Contract(s) and all Applicable Law. The Contractor(s) must furnish all reasonable assistance required for its inspection, including cooperation with the City's representatives, who must have full access to all parts of the facility(ies). DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF D. Observed Holidays The Contractor(s) shall adhere to the hours of operation as described for each service option herein; provided that the Contractor(s) may close facilities consistent with the City's holiday schedule. The City observes the following holidays: 1 . Independence Day- July 4 2. Thanksgiving Day - Last Thursday in November 25 3. Christmas Day - December 25 4. New Year's Day - January 1 S. Martin Luther King Jr. Day - 3rd Monday of January 1.4. Landfill Scope of Work This section provides an overview of the City's specifications for Landfill services and the Contractor's Responsibility. A. Contractor Responsibility - 1 . Services Generally The Contractor shall provide at its expense all labor, supervision, materials, supplies and equipment to push, pack, cover and maintain waste at the Landfill in accordance with the Site Operating Plan, permit and regulatory requirements including, but not limited to, the following services: a. Push, pack and cover all waste that has been pre-screened and accepted by the City at the City's scale house in accordance with the Site Operating Plan (Exhibit 1 ). b. Contractor's Representative(s) shall be on-site at any time the facility is accepting waste and provide and maintain an on-site communications system to ensure communications between the scale operator, Landfill operator, and employees during daily operations. c. Bury waste at the Landfill with a minimum compaction rate of 1,200 pounds per cubic yard as determined through landfill surveys conducted by the City or its designated survey contractor assuming Municipal Wastewater Treatment Sludge is disposed at the Landfill. In the case that Municipal Wastewater Treatment Sludge is not disposed at the Landfill, the contractor shall bury waste with a minimum compaction rate of 1 ,100 pounds per cubic yard. DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF i. The City will provide the Contractor a bonus for attaining compaction rates within the ranges described in Table 9 provided on a lump sum basis at a minimum of once per year but no more than on a quarterly basis. The Contractor will be eligible for this bonus at the City's discretion if they are in compliance with all terms of the Contract and have not received any administrative charges within the previous six months of operating. The purpose of the bonus is to incentivize the Contractor to increase the compaction rate of waste to realize a cost savings for the City by delaying the need for development of new cells and extending the life of the landfill. The bonus will follow the rate structure as provided in Table 9, where bonuses are calculated based on a percentage of the Contractor's per-ton base rate and then multiplied by the amount of tons buried during the survey period. The bonus rate structure has been determined based on half of the estimated annual savings that the City would realize with compaction rates within each range. The sets of ranges represent the incentive rate schedule for the contractor both if Municipal Wastewater Treatment Sludge is disposed at the Landfill and if it is diverted. Table 9 - Compaction Rate Bonus Schedule (pounds per cubic yard) Range (Municipal Range (Municipal Bonus Wastewater Wastewater Treatment Sludge Treatment Sludge disposed) diverted) 1 ,400 - 1 ,499 1 ,300-1 ,399 1 .5% 1 ,500 - 1 ,599 1 ,400 - 1 ,499 2.0% 1 ,600 + 1 ,500 + 2.5% Note that to achieve this the higher rates of compaction, the Contractor will likely need to utilize ADC as described in Section 4.4.A.5. d. Meet all requirements for daily operations and inspections under the Site Operating Plan, including supervision and placement of waste delivered by all haulers to the Landfill and maintenance of roads traveled by Contractor within the Landfill site. The City has responsibility for maintenance of the paved road from CR-20 to the Landfill perimeter road as described in Section 4.4.13.2d, and the Contractor shall have responsibility for maintenance of all other roads in the Landfill facility. The Contractor shall be responsible for repairing any damage caused to City property by the Contractor during the course of operations including, but not limited to, gas wells, liners, paved roads or other structures on site. DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF e. Provide continuous waste screening and slope monitoring. Prior to the compaction effort, the Contractor shall do a visual inspection of the waste loads tipped at the Landfill working face to verify that prohibited wastes are not disposed per the Site Operating Plan. The Contractor is responsible for screening waste to ensure that haulers do not dispose of prohibited items at the Landfill per Section 7.4 of the SOP. f. Provide daily dust control, routine blade work maintenance, and sweeping on a weekly basis on all roads within the permitted boundary of the Landfill from the scale house to the working area (except for maintenance and dust control related to construction of cells, roads and other capital projects as described in Section 4.4.13.2.). The Contractor shall sweep the roads more frequently at the City's request in the case of significant quantities of debris or mud on the roads. g. Provide convenient access (i.e. within proximity to all weather roads) and use of a wet weather area consisting of crushed concrete pad or equivalent, as necessary, that is constructed at the Contractor's expense and able to accept waste in all weather conditions including heavy rains, winds, or other natural events that restrict vehicle access to tip material at the Landfill's working face in order to meet the turnaround time requirements described in Section 4.4.A.2. h. Mow/trim vegetation within the fenced perimeter of the Landfill maintaining grass height at a maximum of four inches within 12 feet of the main access road, and a maximum of 12 inches throughout the rest of the site, excluding any land that is being used to cultivate crops. i. Provide erosion maintenance for active and intermediate Landfill cells weekly or in accordance with the SOP. When erosions are identified the Contractor shall notify the City and begin repairs. j. Provide maximum waste grade elevation in all areas prior to intermediate cover. k. Maintain the surface water control berm system including the performance of weekly inspections of perimeter channels and detention ponds to maintain surface water drainage systems in accordance with 30 TAC 330.305, including but not limited to re-grading, construction of small letdown structures, excavation of sedimentation, vegetation removal and repair of washouts. I. Mitigate and clean litter and wind-blown waste and roadways as designated by the Site Operating Plan and Texas Administrative Code (TAC) 330.139 and 330.145. m. Pull tires and metal from the active areas and transport them to appropriate areas on site (but not grind or split tires). n. Provide traffic control onsite after the scale house. DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF o. Provide intermediate cover for all operating cells filled after the Initial Operation Date and maintain intermediate cover for all cells already covered at the Initial Operation Date. The Contractor shall develop a description of the provision of intermediate cover for approval by the City including the initial application, seeding and/or sodding, establishment of vegetative cover, repairs to intermediate cover, cover thickness, inspection of cover, and repairs to cover. 2. Priority Access and Vehicle Turnaround Time The Contractor shall operate the Landfill to maintain a daily average vehicle turnaround time of twenty-five (25) minutes or less for all vehicles with the exception of manual unloading vehicles. The Contractor shall provide priority access to City Vehicles crossing the scale house and tipping at the Landfill working face to achieve the daily average vehicle turnaround times. Vehicle turnaround time will be calculated from the time a vehicle is weighed at the scale house to departure from the gates of the Landfill. 3. Site Security a. The Contractor is responsible for monitoring the security of all areas of the Site for the duration of this Contract. b. The entrance gate shall be locked after operating hours by the Contractor. Designated City officials or contractors shall have access to the Landfill at times deemed appropriate by the City. No other entities shall receive keys to the entrance gate or other locked facilities at the Site without City approval. c. Waste haulers shall not be permitted entrance to the Site after operating hours unless arrangements have been made with the Contractor, approval by the City has been granted, and Contractor's Representative(s) are present when the waste is delivered. d. The Contractor shall be responsible for maintaining gates and fences at the Landfill site. In the event of a breach or failure of the fence, the Contractor shall inform the City within two hours of discovering the incident. 4. The Contractor shall provide and implement a Fire Prevention, Response and Safety Plan to meet the requirements described in Section 8 of the Site Operating Plan. Minimum requirement for the Safety Plan include, but are not limited to: site speed limits, safe backing, wet weather operations, use of spotters, prevention of slips, trips and falls, lane marking, sufficient maneuver room for trucks, fire prevention and Personal Protective Equipment (PPE). 5. The Contractor shall prepare, transport and apply daily cover as required by Section 26.2 of the Site Operating Plan. The Contractor shall make its best effort to utilize approved ADC such as Sanifoam, Polyethylene Tarps or Water DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF Treatment Sludge and mulch mixture, as available, at the Contractor's sole expense. The excavation and transportation of soil within the site from City- designated borrow areas for daily cover shall be utilized after all other ADC options are exhausted. The Contractor shall keep a log of when daily cover besides approved ADC is used and the reason (e.g. inclement weather, excessive winds, etc.). The Contractor shall utilize Water Treatment Sludge when provided by the City as ADC and assist the City with implementing other forms of approved ADC throughout the term of the Agreement. 6. The Contractor shall accept and manage leachate recirculation at the working face if a leachate recirculation system is implemented by the City. In the event that the installation of a leachate recirculation system impacts the efficiency operations of the Landfill, the Contractor may request to renegotiate the terms of the Contract. 7. The Contractor shall coordinate operations with any third-party Landfill Gas (LFG) contractor hired by the City for LFG equipment installation and maintenance. 8. The Contractor shall provide for up to 2,000 tons annually of material for free disposal from City community cleanup events. 9. The Contractor shall provide additional services including: a. Raising gas wells to accommodate for the increased vertical height of the Landfill to most effectively capture landfill gas emitted from waste in place. b. Managing Water Treatment Sludge to handle, mix with mulch, or apply as directed by the City for use as ADC. B. City's Responsibilities 1 . All regulatory programs (other than the Contractor's compliance with the Site Operating Plan) including: a. Groundwater, surface water and air monitoring. b. Construction, operation and maintenance of storm water facilities, except storm water diversion berms on the active disposal areas. c. Installation and operation of the methane gas collection system as described in Section 23 of the Site Operating Plan. d. Preparation and submittal to applicable governmental Authorities of all reports and documents required to be made and filed for any and all purposes relating to the Landfill, including annual reports and leachate and discharge monitoring reports. The City may request assistance from the Contractor in the preparation of these reports, as required. e. Disposal, pumping and removal of leachate. DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF f. All financial assurances required by applicable Environmental Laws or by any Governmental Authority. 2. Construction of capital improvements: a. Groundwater and landfill gas collection, monitoring and control. b. Development of waste cells. c. Construct and perform all repairs to the paved road from CR-20 to the Landfill perimeter road unless repairs are the responsibility of the Contractor as described in Section 4.4.A.1 d. d. Provide any other necessary or desired construction of and capital improvements, as determined by the City, to the Landfill or the Landfill property such that improvements do not increase the cost for the Contractor to operate or adversely affect the integrity, size or capacity of the Landfill. e. Overall engineering of the Landfill and the Landfill property. f. Consulting with the Contractor in advance and giving the Contractor an opportunity to comment on all such capital improvements. g. Dust control as required by the Site Operating Plan with respect to the construction of cells, roads and other capital projects. The Contractor shall be responsible for all dust control responsibilities as described in Section 4.4.A.1 f. 3. Provide closure and post-closure care of the Landfill. 4. Operate the gate and scale house, including setting disposal rates, billing and collecting tipping and other fees from customers, weighing the incoming waste, scale certification and inspection, preliminary screening of waste to deter prohibited waste from entering the facility as described in Section 7.3 of the SOP, and establishing all rules, regulations and procedures for the Landfill. Preliminary screening will include asking the vehicle operator brief questions about the content of material, and checking to ensure there are no smoke, sounds, smells, or other signs of hazardous waste in the material crossing the scales. 5. Aerial surveys for volume calculations and determination of compaction rate annually, or as frequently as quarterly at the City's discretion. 6. Provide on the Landfill property onsite borrow pits or stockpiles containing all cover materials necessary for the Contractor to push, pack and coverwaste, including daily and intermediate cover of the active face of the Landfill, in accordance with the Site Operating Plan. It is the responsibility of the Contractor to move the soil from the borrow pits or stockpiles to the working face. The Contractor shall not remove soil from the Landfill site. DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF 7. Arrange for proper disposal of tires that the Contractor pulls and transports from the active areas to appropriate areas on site. 8. Provide all utilities (including basic telephone service but excluding long distance telephone services) necessary for the City's operation of the Landfill and the Contractor's services. 9. Pay all fees, assessments, taxes, and other impositions applicable to all waste disposal at the landfill to all Governmental Authorities to whom such fees, assessments and taxes are payable. 10. Provide adequate access to the Landfill and the Landfill property to customers and to the Contractor. 1 1 . Cooperate with the Contractor in its performance under the Contract and be available for consultation with the Contractor at such reasonable times with advance notice as to not conflict with its other responsibilities. 12. Assist the Contractor in obtaining data or documents from public officers or agencies, and from private citizens and business firms, whenever such material is necessary for the completion of services under the Contract. 13. Consult with the Contractor before submitting any proposed amendments to the Site Operating Plan to the TCEQ. C. Hours of Operation The Contractor shall operate the Landfill during hours of operation sufficient to support the requirements as set forth in the Contract. At a minimum, the Contractor shall accept materials from Monday through Friday, 6:00 AM to 6:00 PM Central Time and Saturday from 6:00 AM to 6:00 PM Central Time, unless City Project Manager provides written approval otherwise. The Contractor shall provide City Vehicles access to the Landfill to deliver loads up to two hours past the regular daily scheduled closing time. The City may reasonably modify the minimum hours of operation at the Landfill with thirty calendar days' notice. Additionally, the operating hours of the Landfill may be extended under certain emergency conditions (e.g., natural or man-made disaster clean-up efforts), with approval or upon request of the City. D. Complaints The Contractor shall give all customer complaints prompt and courteous attention. The Contractor shall investigate all complaints and, if the allegations are verified, take reasonable means to correct the complaint within 24 hours after the complaint is received. The reasonableness of the means to correct the complaint will be determined in the reasonable discretion of the City Project Manager. All complaints shall be communicated to the City Project Manager within 24 hours of receipt in addition to the reporting requirements described in Section 4.3.13. E. Personnel Requirements DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF The Contractor shall hold valid licenses, insurance, permits, and bonds as required, covering the Contractor's vehicles, equipment, and personnel. The Contractor shall ensure that all vehicles and equipment are in safe mechanical condition and that they meet the safety standards required. The Contractor shall at all times have a Contractor's Representative(s) at the Landfill and on site 90 percent of the Hours of Operation who holds a current Class A Solid Waste Technician Letter of Competency issued by the TCEQ under Title 31, TAC Subchapter M, Solid Waste Technician Training and Certification Program. The Contractor's Representative(s) shall be responsible for operations at the Landfill and authorized to make decisions and act on the Contractor's behalf. F. Fees During the Term of the Contract, the City shall pay the Contractor the Fee provided in the Financial Proposal for all waste received at the landfill. 1 . For purposes of determining the amount due to the Contractor from the City, the City shall provide a detailed listing of all transactions at the Landfill within five Business Days after the end of each calendar month, with such listing being sufficient to show the monthly tonnage upon which the Fee for the month is based. The Contractor shall provide the City with a bill based on such listing within five Business Days after receipt of the listing from the City. Fee payments shall be due by the last Business Day of the month following the calendar month in which the waste was received at the Landfill. 2. After reasonable notice given to the City, the City shall permit the Contractor's Representative(s) to have access to the Landfill records, during operating hours and at the Contractor's expense, for inspection and copying of the City's books and records pertaining to the determination of the tonnage in question. 3. The Fee shall not apply to up to 2,000 tons of waste per year from special events to be designated by the City per Section 4.4.A.7. The parties may increase this volume for any particular year by mutual agreement. 4. The Fee shall be applicable to services provided during extended hours requested by the City as described in Section 4.4.C. G. Office The Contractor shall maintain an office or other facilities at the Landfill through which the Contractor can be contacted. The City shall supply a maintenance shop and offices for the Contractor's use at the Landfill. H. Health and Safety The Contractor shall be responsible for the health and safety of its employees, agents, representatives, and subcontractors engaged in work at the Landfill and for visitors to the Landfill, other than employees of the City. The Contractor shall also prevent damage to property, material, supplies, and equipment, and avoid DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF unnecessary work interruptions. For these purposes, the Contractor shall provide the following: 1 . Continuously control and minimize fire, smoke, blowing papers, and trash, odor, rodents, and all other public health menaces and pests on or around the Landfill. 2. Cover the Landfill at the end of each day during which the Landfill is open with alternate daily cover or other TCEQ approved cover. 3. Keep the size of the "active face" of the Landfill below the maximum size of the working face described in Section 8.4.1 of the SOP. The Contractor shall maintain a safe and time-effective operation consistent with the requirements described in Section 4.4.A.2 and the SOP. 4. Provide operating and safety training for all employees and comply with all Occupational Safety and Health Administration (OSHA) regulations. City has no liability or responsibility to assure compliance by the Contractor or with any or all OSHA regulations. I. Recordkeeping and Reporting The Contractor shall develop and submit reports as described in Section 4.3.13. J. Mining, Mineral Rights and Landfill Gas The City retains all rights to oil and gas, including royalties and license fees, in and under the Landfill. K. Administrative fees 1 . The Contractor understands that if the Contractor does not timely perform its obligations pursuant to the terms of the Contract or violates any provision of the Contract, the City will suffer damages which are difficult to determine and adequately specify. The Contractor agrees, in addition to any other remedies available to City, that City may assess a fee on the Contractor in the amounts specified below as administrative charges for failure of the Contractor to fulfill its obligations. The City may, at its sole discretion, waive the Administrative Fees based on Acts of God, provisions of Force Majeure, or in other isolated incidences. 2. The following acts or omissions shall be considered non-compliance of the Contract and the City may require payment by the Contractor of the charges set forth for each act or omission: a. Failure to accept materials during hours of operation, beginning February 1 , 2021 $250 per hour, up to $2,500 per day b. Failure to achieve the compaction rate in accordance with the requirements described in Section 4.3.A.1 c. The penalty will be assessed based on a percentage of the Contractor's per ton rate based on the DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF compaction rate and then multiplied by the amount of tons accepted during the survey period for the ranges listed in Table 10. Table 10 -Compaction Rate Penalty Rate Schedule (pounds per cubic yard) Range (Municipal Range (Municipal Penalty Wastewater Wastewater Treatment Sludge Treatment Sludge disposed) diverted) <1,000 <900 6% 1 ,001-1 ,100 901 - 1 ,000 4% 1 ,101 - 1 ,199 1 ,001 - 1 ,099 2% c. Failure to deliver reports as required $100 per day d. Failure to maintain records in accordance with recordkeeping procedures $100 per day e. Failure to achieve truck turnaround time in accordance with Contract $500 per day plus $100 per vehicle in excess of truck turnaround time on such day f. Failure to provide access to the wet weather pad $500 per day plus $100 per vehicle that does not have access to the wet weather pad g. Failure to provide any other services as required by this Section $500 per day DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF Attachment B - Schedule of Pricing DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF us C� w CITY OF CORPUS CHRISTI H Financial Proposal/ Pricing Form - Landfill v CONTRACTS AND PROCUREMENT DEPARTMENT fyaaaoRn�� 1852 RFP No. 3016 Landfill and Recycling Management Services DATE: May 15, 2020 PAGE 1 OF 2 Integrated Transfer Services, L.P. PROPOSER ArHORIZE13—SlIGNATURLe 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. ITEM DESCRIPTION UNIT UNIT PRICE Landfill Operation Please provide pricing for providing services for each of the three ranges of annual inbound tons to the Landfill. Any price changes associated with a shift in the range of annual inbound tons will be reconciled between the City and Contractor on an annual basis. Additionally, please provide pricing for the various additional services to be provided upon request by City. 1.0 Landfill Operation 0 - 249,999 tons TON $13.25 2.0 Landfill Operation 250,000 - 399,000 tons TON $10.95 3.0 Landfill Operation 400,000 + tons TON $9.70 4.0 Raising Landfill Gas Well WELL $1700 PAGE • OF 91 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF ITEM DESCRIPTION UNIT UNIT PRICE 5.0 Managing Water Sludge TON $6.00 6.0 Stormwater/Drainage Clearing EACH $100 per hour PAGE .. OF • DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF Attachment C - Insurance Requirements 1.1. 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 Bodily Injury and Property cancellation, required on all Damage certificates or by applicable policy Per occurrence - aggregate endorsements Commercial General Liability $1,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (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. 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 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF 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 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. DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2020 Insurance Requirements Ins. Req. Exhibit Contracts for General Services -Services Performed Onsite with Errors & Omissions 03/25/2020 Risk Management - Legal Dept. DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF Attachment D - Site Operating Plan CEFE F. VALENZUELA LANDFILL CITY OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS NUECES COUNTY Part IV SITE OPERATING PLAN (CHAPTER 330.1), TITLE 30, TEXAS ADMINISTRATIVE CODE) TEXAS COMMISSION ON ENVIRONMENTAL QUALITY MSW PERMIT NO.: 2269 Applicant: CITY OF CORPUS CHRISTI SOLID WASTE SERVICES DEPARTMENT 2525 HYGEIA STREET CORPUS CHRISTI, TEXAS 78415 OF REVISED: JULY 2013 *. ....................... * . . FRANK E. PUGSLEY ........... ................:..../� X984600 Prepared by: t��ttssE�Gs��..OW CP&Y, Inc. 1820 Regal Row _ Dallas, Texas 75235 ' z Firm No. F-1741 7/29/201 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 PART IV SITE OPERATING PLAN CEFE F. VALENZUELA LANDFILL—CITY OF CORPUS CHRISTI ;�%X X TABLE OF CONTENTSl Ee.0.F...TE.11 Aw ow 1. Introduction ................................................................../* . ....... .....7 P.................. .........:....�l. 1 .1 . Description of On-Site Facilities .............................../ FRANK E. PUGSLEY 7 �r���.r............�r��� ....�rr.._......r � 2. Recordkeeping Requirements ..................................... 98460 .� -P". �.,-°�,c....... 8 2.1 . Breach Related Reporting & Records ........................ ��t�sN.S��'\�� 10 p g lift N�......... 2.2. Fire Incident Reporting & Records ................ 10 2.3. Final Cover Reporting and Records.............. 11 7/29/2013 2.4. Waste Inspections and Unauthorized Waste Reporting ................................... 11 2.5. Long Term Record Keeping ............................................................................. 11 2.6. Groundwater Evaporation Ponds ..................................................................... 11 3. Waste Acceptance Rates..................................................................................... 12 3.1 . Projected Waste Acceptance Rates................................................................. 13 4. Types of Landfill Personnel ................................................................................ 14 4.1 . Organizational Chart ........................................................................................ 14 4.2. Key Personnel Job Description ........................................................................ 14 4.3. Key Personnel Minimum Qualifications Criteria ............................................... 17 5. Types of Equipment............................................................................................. 18 6. Personnel Training............................................................................................... 20 7. Detection and Prevention of Disposal of Prohibited Waste............................. 21 7.1 . Control of Incoming Waste............................................................................... 21 7.2. Protocol for Random Waste Inspections.......................................................... 23 7.3. Management of Prohibited Wastes, Hazardous Wastes, and PCB's detected at the Entry Point of Cefe Valenzuela Landfill................................................................ 24 7.4. Management of Prohibited Wastes, Hazardous Wastes, and PCBs detected at theWorking Face....................................................................................................... 24 7.5. Large Items Containing CFCs.......................................................................... 25 8. Fire Protection Plan ............................................................................................. 25 8.1 . Preventive Actions ........................................................................................... 25 8.2. Fire Protection Training.................................................................................... 26 PART IV—SOP JULY 2013 CP&Y, Inc. 1 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 8.3. General Rules for Fire incidents....................................................................... 26 8.4. Specific Fire Fighting Actions........................................................................... 27 8.4.1. Stockpiling Fire-Fighting Materials............................................................. 27 8.5. Operational Activities that Store, Process, or Dispose of Combustible Materials 29 8.6. Fire Fighting Equipment................................................................................... 30 8.7. Hot Loads......................................................................................................... 30 8.8. Equipment Cleaning......................................................................................... 30 8.9. Fire Protection Standards ................................................................................ 31 8.10. Different Types of Fires................................................................................. 31 9. Access Control..................................................................................................... 31 9.1. Access from Public Road ................................................................................. 32 9.2. Vehicle Access................................................................................................. 32 9.3. All-Weather Access.......................................................................................... 32 9.4. Traffic Control................................................................................................... 32 9.5. Site Security and Access Control Breach......................................................... 33 9.6. Site Fencing ..................................................................................................... 34 10. Unloading of Waste.............................................................................................. 34 10.1. Management of Wastes Disposed in Unauthorized Areas............................ 34 10.2. Random Load Inspections at the Working Face ........................................... 35 10.3. Management of Prohibited or Unauthorized Wastes and PCBs detected at the WorkingFace ............................................................................................................ 35 11. Facility Operating Hours ..................................................................................... 35 12. Site Signs.............................................................................................................. 36 13. Control of Windblown Solid Waste and Litter ................................................... 36 14. Easements and Buffer Zones................................... .................. 37 14.1. Easements.................................................... 37 14.2. Buffer Zones ...............................................�*.:::............................ ..........::.*.:�.............. 38 FRANK E PUGSLEY 15. Landfill Markers and Benchmark....................../:::.:..................:......:::.�.............. 39 o . 98460 15.1. Landfill Markers.............................................� 39 15.2. Landfill Benchmarks.......................................... ....................... 41 PART IV—SOP 7/29/ 013 JULY 2013 CP&Y, Inc. 2 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 16. Materials Along the Route to the Site.................................................................41 17. Disposal of Large Items.......................................................................................42 17.1. Items classified as Large, Heavy or Bulky Items (White Goods)................... 42 17.2. Management of Items Containing CFCs....................................................... 43 18. Air Criteria ............................................................................................................43 18.1. Odor Management Plan................................................................................ 44 18.2. Open Burning................................................................................................ 45 19. Disease Vector Control..................................................... ,IN .............45 20. Site Access Roads 20.1. Control and Minimization of Mud........................ * ....................... ..*......... 46 FRANK F. PUGSLFY 20.2. Control and Minimization of Dust. .......................I ::....................... ::::� 46 98460 ...... 20.3. Control and Minimization of Litter:........................ moo':..<� 4..::4Qoi....... 46 � � �s �...... 20.4. Re-grading of Site Access Roads: .............................X j:' N`� ��............. 47 21. Salvaging and Scavenging............................ ...47 21 .1. Salvaging Operations..................................................7/29 20� .................. 47 21 .2. Scavenging Activities.................................................................................... 47 22. Endangered Species Protection .........................................................................47 23. Landfill Gas Control.............................................................................................48 23.1. Perimeter Monitoring..................................................................................... 48 23.1.1 . Perimeter Monitoring Network................................................................ 48 23.1.2. Landfill Gas Monitoring Probes and Utility Trench Vents ....................... 49 23.1.3. Monitoring Procedures ........................................................................... 49 23.1.4. Maintenance Procedures ....................................................................... 50 23.2. Record keeping/Reporting ............................................................................. 51 24. Oil, Gas, and Water Wells.................................................................................... 52 24.1. Discovery of Water Wells during Facility Operation ...................................... 52 24.2. Discovery of Oil and Gas Wells during Facility Operations ........................... 53 25. Compaction .......................................................................................................... 53 25.1. Compaction of Waste during Placement of Ballast ....................................... 53 25.2. Compaction Near ELR Pipelines .................................................................. 54 26. Landfill Cover....................................................................................................... 54 PART IV—SOP JULY 2013 CP&Y, Inc. 3 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 26.1. Soil Management.......................................................................................... 54 26.2. Daily Cover ...................................................................0c%:-?�»�� 54 E OF T 26.2.1 . 3-M Sanifoam (or equivalent) ......................... P� ......... 55 � � : 26.2.2. Polyethylene Tarps....................................... ............... 1 ...... 55 FRANK F. PUGSLFY 26.3. Soil......................... r�... ...... x...... 56 ...................... a'• 98460 26.4. Intermediate Cover ..............................................� �.': ��o� . ��ENS.. �....... 56 26.5. Final Cover over Class 1 Waste ................................;�;N`L... ........... 57 26.6. Final Cover ............................................. 57 � ; 4 ... 26.7. Cover Application Log............................. ... 58 7/29/2013 27. Ponded Water....................................................................................................... 58 27.1. Ponded Water Prevention............................................................................. 58 27.2. Routine Inspections to Identify Potential Ponding Locations......................... 59 27.3. Preventing Ponding of Surface Applied ELR Liquids .................................... 59 27.4. Record Keeping ............................................................................................ 59 28. Disposal of Special Wastes................................................................................. 60 28.1. Protocol for Disposal of Special Waste......................................................... 60 28.2. Special Wastes That Do Not Require Special Waste Disposal Authorization fromTCEQ ................................................................................................................ 61 28.3. Special Wastes That Require Special Waste Disposal Authorization from TCEQ 64 28.4. Special Waste Prohibited for Disposal in any MSW Landfill ......................... 64 29. Disposal of Industrial Wastes ............................................................................. 64 29.1. Protocol for Disposal of Industrial Waste ...................................................... 64 29.2. Class 1 Non-Hazardous Industrial Wastes ................................................... 66 29.3. Class 2 Non-Hazardous Industrial Wastes ................................................... 66 29.4. Class 3 Non-Hazardous Industrial Wastes ................................................... 66 30. Visual Screening of Deposited Wastes .............................................................. 67 31. Operational Standards for Class 1 Waste Management................................... 67 31 .1. General Inspection Requirements................................................................. 68 31 .2. Personnel Training........................................................................................ 69 31 .3. Waste Analysis ............................................................................................. 70 PART IV—SOP JULY 2013 CP&Y, Inc. 4 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 31.4. Ignitable, Reactive, or Incompatible Wastes................................................. 72 31.5. Contingency Plan.......................................................................................... 73 31.6. Operational and Design Standards............................................................... 77 32. Enhanced Leachate Recirculation...................................................................... 77 TABLES AND FIGURES TABLES: Table 2.1: Recordkeeping Requirements.......................................................7 Table 3.1: Projected Waste Quantities.........................................................12 Table 4.1: Personnel Types and Descriptions................................................16 Table 4.2: Landfill Disposal Operations Staffing Requirements....................17 Table 5.1: Minimum Equipment per Waste Acceptance Rate........................... 18 Table 8.1: Maximum Size of Working Face &Wet Weather Area...................... 28 Table 8.2: Fire Type and Extinguishing Agent................................................30 Table 9.1: Repair and Reporting Requirements for Access Breaches................32 Table 9.2: Fence Specifications..................................................................33 FIGURES: Figure 4.1 Landfill Organization Chart...................................................13 APPENDICES APPENDIX IV-A—MANUFACTURER'S INFORMATION APPENDIX IV-B — PLAN FOR PLANTING AND MAINTENANCE OF VEGETATION ON COMPLETED LANDFILL CAP APPENDIX IV-C —WASTE FORMS APPENDIX IV-D — CLASS I NONHAZARDOUS INDUSTRIAL WASTE ACCEPTANCE PLAN APPENDIX IV-E — ENHANCED LEACHATE RECIRCULATIO��Q;LkRATING PLAN . ............................. r FRANK E. PUGSLEY r........... ......................� � •. <98460o �ko PART IV—SOP 7/29/2613 JULY 2013 CP&Y, Inc. 5 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 PAGE INTENTIONALLY LEFT BLANK PART IV—SOP JULY 2013 CP&Y, Inc. 6 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 1. Introduction The City of Corpus Christi's Cefe F. Valenzuela Landfill (Facility), Municipal Solid Waste Permit 2269, is located in Nueces County, 14 miles southwest of Corpus Christi's City Hall, at the intersection of Farm to Market 2444 and County Road 20. The coordinates and elevation are: Latitude 270 38' 12" N, Longitude 970 34' 05" W, and Elevation 46.07 feet above mean sea level (MSL). The Cefe F. Valenzuela landfill property covers 2,273.59 acres. The layout will include the construction of two Type I municipal solid waste landfill units, which combined measure approximately 810 acres. This Site Operating Plan (SOP) is a modification to the currently approved permit 2269, and is designed to bring the SOP into conformance with rule changes that became effective in March 2006 by the Texas Commission on Environmental Quality (TCEQ). The landfill is owned by the City of Corpus Christi (City). The City is responsible for day- to-day landfill operations using both contract operators and City personnel, This Site Operating Plan (SOP) is intended to provide guidance from the design engineer to the site management and operating personnel. It will facilitate site operations in compliance with applicable TCEQ regulations and current standards of practice in the industry, compatible with the design of the facility. This Plan will serve as a reference source and is to be used as a training tool for landfill personnel. The contents of this SOP are consistent with the current permit and its supporting documents, except for portions which revisions are necessary to comply with the current SOP rules. The intent of this modified SOP is to provide additional detailed information as required under Subchapter D of 30 TAC §330. 1 .1 . Description of On-Site Facilities The facility includes an approximately 810 acre Type I MSW disposal area which will be developed in several phases as described in the Site Development Plan. Several buildings will be located on site to serve several functions including an administrative building, maintenance building, scale and scale house and other facilities to service the landfill's operations. PART IV—SOP JULY 2013 CP&Y, Inc. 7 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 The facility will also include infrastructure (pumps, pipes, valves, etc.) to allow Enhanced Leachate Recirculation (ELR)—collection, storage, and reintroduction of leachate to the waste mass, as well as injection of other allowable liquids. 2. Recordlkeeping Requirements To be compliant with the recordkeeping requirements of 30 TAC § 330.125, the City of Corpus Christi keeps an organized library consisting of a copy of the facility permit, the site development plan, the site operating plan, the final closure plan, the landfill gas management plan, and any other plans required by permit along with all issued modifications, and any temporary authorizations granted. The table below lists the filing location of the records, areas/groups, document type, and site location of the records. Table 2.1 : Recordkeeping Requirements Site Location Frequency of Submittal to Site Regulatory Document Type of Operating Record (see Note 1) Reference Records Landfill Permit Landfill Permit Application —no §330.125(a) Office additional submittals required Site Development Plan Landfill Permit Application —no §330.125(a) Office additional submittals required Site Operating Plan Landfill Permit Application – no §330.125(a) Office additional submittals required Final Closure Plan Landfill Permit Application —no §330,125(a) Office additional submittals required Post-closure Maintenance Plan Landfill Permit Application --- no §330.125(a) Office additional submittals required Landfill Gas Management Plan Landfill Permit Application —no §330.125(a) Office additional submittals required Location Restriction Landfill Permit Application —no §330,125(b)(1) Demonstrations Office additional submittals required Inspection Records Landfill Within 7 working days of day §330.125(b)(2) Office completion Training Procedures Landfill Annually §330.125(b)(2), Office §330.125(f) PART IV—SOP JULY 2013 CP&Y, Inc. 8 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 Notification procedures Landfill relating to excluding the receipt Office As required §330.125(b)(2) of prohibited waste Gas Monitoring Results and Landfill Quarterly §330,125(b)(3) Remediation Plans Office Leachate or Gas Condensate Landfill placement and unit design Office As constructed §330.125(b)(4) documentation Landfill See Appendix ELR Records Office Per Occurrence IV-E for ELR Reports Groundwater Monitoring Landfill Quarterly/Semiannually §330.125(b)(5) documentation Office Closure and Post-closure Care Landfill Permit Application —no §330.125(b)(6) Plans and related data Office additional submittals required Cost Estimates and Financial Landfill Annually §330.125(b)(1) Assurance Documentation Office Compliance with small N/A N/A §330,125(b)(8) community exemption criteria Copies of correspondence Landfill relating to the operation of the Office As required §330.126(b)(9) facility Copies of correspondence Landfill relating to modifications to the Office As required §330,125(b)(9) permit, approbals of matters Documentation of receipt of any Landfill As required §330,125(b)(10) special wastes Office Records of spray-applied ADC Landfill As required §330.125(b)(11) Office Other documents Landfill As required §330.125(b)(12) Office PART IV—SOP JULY 2013 CP&Y, Inc. 9 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 Note 1: All documentation and data will be placed in the Site Operating Record within 7 days of completion or receipt of data, as appropriate Disclosure Statement: "In addition to the records mentioned above, the City of Corpus Christi reserves the right to add more documents to the library in order to optimize the landfill operations. If the City of Corpus Christi decides to add documents to the document library then the table listing the filing location of the records, areas/groups, document type, and site location of the records will be updated and added to Section 1 of the SOP." All information contained in the SOP records will be furnished to the TCEQ upon request and will be made available at all reasonable times for inspection. The operating record as described in this section, plus any other related operational plans, or documents will generally be maintained at the landfill office. 2.1 . Breach Related Reporting & Records In the event of an access breach, notice will be given to the TCEQ's regional office to document when a breach has been identified and when a repair is completed, if a repair is necessary, and if the repair is not completed within eight hours, The TCEQ's regional office will be notified of the breach within 24 hours of detection. The breach will be temporarily repaired within 24 hours of detection and will be permanently repaired by the time specified to the TCEQ regional office when it was reported in the initial breach report. If a permanent repair can be made within eight hours of detection, no notice Will be submitted. A copy of these notices will be retained in the operating record in accordance with 330.131(b)(9). 2.2. Fire Incident Reporting & Records After any waste related fire occurs on-site that cannot be extinguished in ten minutes, the City will contact the TCEQ regional office. The notification will include: contact by telephone as soon as possible, but no later than 4 hours following fire PART IV—SOP JULY 2013 CP&Y, Inc. 10 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 discovery, and a written description of the cause and extent of the fire and the resulting fire response within 14 days of fire detection. The following agencies or personnel will be contacted: • Fire — 911 • Landfill Manager— Landfill Office • TCEQ Regional Office 2.3. Final Cover Reporting and Records As final cover is applied to the landfill, a log will be maintained of area covered, date applied, thickness and activities and management practices. Any damage to the cover, including anticipated repairs will be reported to the TCEQ and repaired within five days. 2.4. Waste Inspections and Unauthorized Waste Reporting The Landfill Manager will maintain and include in the site operating record the following reports: (1) load inspection reports, (2) records of regulated hazardous or PCB waste notifications, and (3) personnel training records. The report will include the date and time of the inspection, the name of the hauling company and driver, the type of vehicle, the size and source of the load, contents of the load, indicators of prohibited waste and the results of the inspection. A record of any removal of unauthorized material will be maintained in the site's operating record. 2.5. Long Term Record Keeping The City will retain all information contained within the Operating Record and the different plans required for the facility for the life of the facility including the post- closure care period. Once the landfill closes, the records will be maintained at the Department of Solid Waste Services. 2.6. Groundwater Evaporation Ponds Operations of dewatering activities using evaporation ponds may be present during and after cell construction. Inspections of the ponds will be conducted monthly to ensure perimeter berms are intact, in good condition and functioning to contain PART IV—SOP JULY 2013 CP&Y, Inc. 11 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 evaporation waters within the pond areas. Documentation of the inspections will be included with inspection records. Inspections of the ponds when not in use, removed or relocated will be noted as part of the inspection procedure and record. 3. Waste Acceptance Rates As per the waste acceptance rate requirements of 30 TAC 330.125(h) and 330.675, the City of Corpus Christi is required to perform quarterly reporting to the TCEQ. The waste acceptance rate monitoring is intended to ensure that the facility's operations continue to be adequate when waste acceptance rates increase. Whenever the annual waste acceptance rate as established by the sum of the previous four quarterly summary reports exceeds the annual waste acceptance rate estimated in the permit application, and the waste increase is not due to a temporary occurrence, the City of Corpus Christi will file an application to modify the permit within 90 days of the exceedance. Once the Oquarterly waste acceptance rates are calculated then an average annual waste acceptance rate will be calculated. Data will be generated from actual scale data. The average is based on quantities accepted at the landfill divided by the actual number of operating days waste is accepted during the reporting period. If an exceedance of the annual waste acceptance rate occurs, the following provisions of the SOP will be evaluated and modified as necessary. • Number of operating personnel • Number and types of equipment • Waste compaction procedures • Odor prevention plan and control • Unloading of waste procedures • Waste screening procedures • Control of windblown waste and litter • Soil management, placement, and compaction of daily, intermediate and final cover • Other SOP provisions, as necessary PART IV—SOP JULY 2013 CP&Y, Inc. 12 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 3.1 . Projected Waste Acceptance Rates The table below presents a projection of estimated waste acceptance rate based on an assumption that after 2010 the waste accepted per year will increase at 1 .5% per year. Projected Waste Quantities shown in Table 3.1 are consistent with the previously approved permit for the Cefe F. Valenzuela Landfill. Table 3.1: Projected Waste Quantities Year Tons/Year Tons/Day Annual % Increase 2003 428,127 1385 2004 441,196 1427 3.0 2005 449,446 1454 1.9 2006 426,420 1380 -5.1 2007 432,816 1401 1.5 2008 439,309 1422 1.5 2009 445,898 1443 1.5 2010 452,587 1465 1.5 2011 459,375 1487 1,5 2012 466,266 1509 1.5 2013 473,260 1532 1.5 2014 480,359 1555 1.5 2015 487,564 1578 1.5 2016 494,878 1602 1.5 2017 502,301 1626 1.5 2018 509,836 1650 1.5 2019 517,483 1675 1.5 2020 525,245 1700 1.5 2021 533,124 1725 1.5 2022 541,121 1751 1.5 2023 549,230 1777 1.5 2024 557,476 1804 1.5 2025 565,838 1831 1.5 * Based on a 309 day year and annual population growth of 1 .5%. Quantities for 2003 to 2006 are based on City records. To determine if the projected waste quantity has been exceeded, each year the previous four quarterly waste quantities (calculated) will be compared to the projected waste quantities in Table 3.1 . PART IV—SOP JULY 2013 CP&Y, Inc. 13 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 4. Types of Landfill Personnel 4.1 . Organizational Chart The figure below represents the Cefe F. Valenzuela Organization Chart. Figure 4.1: Landfill Organization Chart Director of Solid Waste Services Assistant Director of Solid Waste Services Landfill Manager ..................... ....................... L Chief Landfill Foreman Gate Attendants Equipment Operators .». ................................................................................................................................................................ Laborers / Spotters The City may contract with private entities to perform certain activities at the landfill. The City understands it is responsible for all regulatory requirements of the permit regardless of whether the contractor is responsible for performing specific duties. 4.2. Key Personnel Job Description The City of Corpus Christi is required to provide a job description for each position held by key personnel on site. The list below presents a description for each key position listed in the Cefe F. Valenzuela Landfill Organizational Chart. PART IV—SOP JULY 2013 CP&Y, Inc. 14 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 Director of Solid Waste Services: The Director of Solid Waste Services (SWS) is ultimately responsible for the overall site management. The contact person for matters related to regulatory compliance is the Director of SWS. Assistant Director of Solid Waste: The Assistant Director of Solid Waste directs and oversees the overall management and operation of the Solid Waste Services Department. The Assistant Director is responsible for the following: • conducts short and long term planning associated with the collection and disposal of municipal waste; • supports and facilitates the coordination and scheduling of personnel, materials and equipment; • prepares and oversees the department division operating budget, capital outlay, revenues, and fiscal programs; • prepares written reports, documentation, technical data/reports, agenda memoranda on various solid waste issues; and • prepares and delivers oral presentations on the Division's aspects of Solid Waste Services operations. Landfill Manager: Under the general direction of the Assistant Director of Solid Waste Services, the Landfill Manger administers the facility's SOP. The Landfill Manager is responsible for assuring that adequate personnel and equipment are available to provide efficient and compliant operations in accordance with the Site Development Plan (SDP), the SOP, and the TCEQ rules and regulations. The Landfill Manager will serve as the emergency coordinator during all site emergencies. The duties of the Landfill Manager may be assigned to a qualified alternate individual in the event the Landfill Manager is away from the facility. The landfill manager's qualified designee, who must be an employee from a position shown on the organizational chart and who must have the equivalent training as the Landfill Manager shall act on behalf of the Landfill Manager with the same authority and responsibilities required for that position. In addition, the Landfill Manager may conduct random inspection of vehicles for prohibited wastes. PART IV—SOP JULY 2013 CP&Y, Inc. 15 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 Chief Landfill Foreman: The Chief Landfill Foreman monitors landfill operations which include: environmental activities such as management of leachate, condensate, methane collection, and methane flaring; supervisions and monitoring landfill personnel and equipment; and scheduling and managing services for equipment and vehicles. Gate Attendants: The Gate Attendants' primary responsibility is to visually inspect the waste loads for unauthorized wastes and maintain complete and accurate records of loads rejected. The Gate Attendants will also direct traffic at the entry gate to the landfill to assure a steady flow of traffic and minimize the possibility of any potential traffic accidents. In addition, Gate Attendants may conduct random inspection of vehicles for prohibited wastes. Equipment Operators: The equipment operators are responsible for the safe operation of both light duty and heavy equipment, which is required to operate the landfill. These employees are responsible for being alert for potentially dangerous conditions, including careless and improper actions of other employees and other authorized persons at the site. The equipment operators general area of responsibilities includes, but is not limited to, overseeing unloading of waste from vehicles; detecting the presence of unauthorized waste, general site maintenance, construction activities, litter abatement, and site clean up. The equipment operators will intervene as necessary to prevent accidents and report unsafe conditions immediately to the Landfill Manager and for designee. In addition, Equipment Operators may conduct random inspection of vehicles for prohibited wastes. Laborers/Spotters: Landfill laborers are responsible for overall site maintenance including litter pick up, general site maintenance, and, in certain instances, waste screening. Some, but not all, laborers on site will be trained to conduct waste screening. PART IV—SOP JULY 2013 CP&Y, Inc. 16 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 4.3. Key Personnel Minimum Qualifications Criteria The City of Corpus Christi is also required to provide a description of the minimum qualifications for each position held by key personnel located on site, including City and current contractor personnel. The following Table 4.1 shows minimum personnel training and qualifications. Table 4.1: Personnel Types and Descriptions Position Training Director of Solid Waste Must hold and maintain MSW Supervisor Occupational license Grade A or Services* be able to obtain one within one year of hire. Minimum of five years' experience in the field of solid waste management. Must hold and maintain MSW Supervisor Occupational license Grade A or Assistant Director of be able to obtain one within one year of hire. Minimum of five years' Solid Waste Services* experience in the field of solid waste management. Complete training in site safety, fire protection and waste screening. Must hold and maintain MSW Supervisor Occupational license Grade C Landfill Manager** within 1 year of hire. Minimum three years solid waste or related regulatory experience. Complete training in site safety, fire protection. Chief Landfill Foreman Must hold and maintain MSW Supervisor Occupational license Grade C within 1 year of hire. Complete training in site safety, fire protection. Gate Attendant Waste screening training, 40-hour HAZWOPR within 1 year of hire. Equipment Operator Waste screening training, 40-hour HAZWOPR within 1 year of hire. Laborer/Spotter Waste screening training, 40-hour HAZWOPR within 1 year of hire. *These personnel will have other duties within the department. **The Landfill Manager's designee must possess a license (Class A, B, or C) issued in accordance with Chapter 30, Subchapter F. The City does intend to periodically contract with private firms to operate portions of the landfill. Private operators must demonstrate qualifications criteria for equivalent positions described in this section. PART IV—SOP JULY 2013 CP&Y, Inc. 17 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 The table below lists the types and required staff as a function of the waste acceptance rates. The intention of this projection is to make sure that enough qualified personnel are present for the varying levels of waste acceptance. Table 4.2: Landfill Disposal Operations Staffing Requirements Personnel 1 -1000 1001-2000 2001 -3000 3001 -4000 TPD TPD TPD TPD Director of Streets and 1 1 1 1 Solid Waste SSW Assistant Director 1 1 1 1 Landfill Manager 1 1 1 1 Chief Landfill Foreman 1 1 1 1 Equipment Operators 3 3 4 4 Gate Attendants 2 3 3 4 Laborers/Spotters 3 4 5 6 5. Types of Equipment As per the "Types of Equipment" requirements of 30 TAC §330.127(2), the City of Corpus Christi is required to list and discuss in the SOP the description, sizes, types, numbers, and functions of the equipment to be used at the facility. The City's contractor is required to handle the incoming waste after it has been accepted and screened by the City. The waste will be pushed to the proper location and compacted to achieve the desired density and waste elevations. The contractor is also responsible for covering the waste at the end of the day. The table below lists the types of equipment used in day-to-day operations according to the waste acceptance rate. The intention of this list is to anticipate the amount of equipment necessary in the event that an increase in waste acceptance occurs. PART IV—SOP JULY 2013 CP&Y, Inc. 18 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 Table 5.1: Minimum Equipment per Waste Acceptance Rate Equipment 1-1000 1001 -2000 2001-3000 3001 —4000 TPD TPD TPD TPD Landfill Compactor> 2 2 2 3 100,000 lbs Bulldozers CAT D6 or 2 3 3 4 Equivalent Excavator 180 hp or 1 1 1 1 equivalent Articulating Truck CAT 725 2 2 3 3 or equivalent Motor Grader 145 hp or 1 1 1 1 equivalent Front End Loader 140 hp or 1 1 1 1 equivalent Tractor Mower 1 1 1 1 Pickup Truck(various 2 2 2 3 models) Fuel Truck 1 1 1 1 Water Truck 1000 gallon or 1 1 1 1 equivalent Water Pump 1 1 1 1 The following generally describes the functions of the heavy equipment listed in Table 5.1 above. • Dozer/loader — removing, replacing, moving daily and intermediate cover soils; repair levees and berms, building and repairing roads • Excavator — general excavation work; excavating for cover soil (daily and interim) • Dump trucks — transporting cover soil • Compactor— compacting waste and cover • Water truck — dust control; transporting leachate; supplemental watering PART IV—SOP JULY 2013 CP&Y, Inc. 19 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 • Scraper —moving gravel and soils for daily and intermediate cover soils, levees and berms. • Motor grader— building and repairing on-site roads and drainage features • Tractor Mower— site maintenance, grass cutting • Water Pump — operating leachate collection and recirculation system and for managing areas where water ponding may occur on the site. Disclosure Statement "In addition to the above list, miscellaneous pickups, vans, and other light utility vehicles as well as various pumps, instruments, and safety and training equipment will be on-site as necessary for operational efficiency. At infrequent times, such as during equipment breakdown or periodic maintenance, some pieces of equipment may not be immediately available." 6. Personnel Training As per the "Personnel Training" requirements specified in 30 TAC § 330.127(4), the City of Corpus Christi is required to provide training and keep track of the personnel training records necessary to ensures the facility's compliance with rule requirements. Training and safety meetings will be scheduled at least once per month. If a regularly monthly meeting is cancelled, it shall be rescheduled or combined with the scheduled training the following month. Records of personnel attending each training session and the topics covered will be maintained at the site. The training will be provided by qualified personnel. Topics for training may vary each month but must be conducted at least annually for 1 . Fire protection, prevention and evacuation 2. Fire extinguisher use 3. Asbestos waste management 4. Emergency response 5. Litter control and windblown waste pick-up 6. Hazardous waste management and PCB waste detection and control 7. Prohibited waste management PART IV—SOP JULY 2013 CP&Y, Inc. 20 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 8. Properties of methane gas and safety procedures for methane gas 9. Additional training for job specific activities as needed 10.Safety 11 .Random inspection procedures Facility personnel must take part in an annual review of their training in accordance with 335.586 (c). The Landfill Manager will review each employee on an annual basis to see that adequate training is held to maintain the required licenses and that training in site safety and waste screening is provided at least annually. As per 30 TAC 335.586(a)(2), the training program will include — at minimum — procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment; communications or alarm systems; response to fires or explosions; response to ground-water contamination incidents; and shutdown of operations. 7. Detection and Prevention of Disposal of Prohibited Waste As per the "Detection and Prevention of Prohibited Waste, Hazardous Waste, and PCBs" requirements specified in 30 TAC §330.127(5), the City of Corpus Christi is required to have a protocol to exclude prohibited waste, including hazardous waste, PCBs, and waste listed in §330.15(e). Prohibited waste includes but is not limited to lead acid batteries, used motor vehicle oil, used-oil filters from internal combustion engines, whole used or scrap tires, items containing chlorinated fluorocarbons (CFCs) unless all the CFCs contained within the item have been properly managed, liquid waste as defined in 30 TAC §330.3 (relating to definitions), regulated hazardous waste as defined in 30 TAC §330.3 (relating to definitions), polychlorinated biphenyl (PCB) waste, as defined under 40 Code of Federal Regulations Part 761 , and radioactive material as defined in 30 TAC §336. 7.1 . Control of Incoming Waste Incoming waste will be controlled in three ways to preclude the inadvertent receipt of prohibited wastes. PART IV—SOP JULY 2013 CP&Y, Inc. 21 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 First Level of Control consists of informing the customers that make inquiries via phone or in person of the types of waste accepted at the landfill. Screening of waste will also take place at the transfer station prior to waste from this location being hauled to the landfill. Second Level of Control consists of informing key personnel at the landfill of the typical characteristics of these prohibited wastes. Key personnel will be trained according to the "Personnel Training" requirements listed in Section 6 of this SOP. Personnel from both the City of Corpus Christi and the current contractor are instructed to contact the Landfill Manager or his designee on duty if prohibited material is detected anywhere on site. Third Level of Control will be provided by the Landfill Manager, Gate Attendants, and Equipment Operators. Random inspections of a certain percent of vehicles entering the landfill will be made daily at the gate by landfill site personnel listed above. The percent of randomly inspected vehicles will vary according to special events and circumstances. However, at least one vehicle per day shall be randomly inspected. The daily random inspections will be filed in the Site Operating Record. Fourth Level of Control will be provided by the Landfill Manager, and/or other qualified personnel at the working face. Random inspections of a certain percent of vehicles at the working face will be made daily by current contractor personnel; the percent of randomly inspected vehicles will vary according to special events and circumstances. However, at least one vehicle per day shall be randomly inspected from the working face. Trucks will be selected via a random number sheet identifying the number of trucks entering the site each day before the random inspection(s) will be conducted. The daily random inspections will be filed in the Site Operating Record. If there is an incident involving the receipt or disposal of regulated hazardous waste or PCB waste at the landfill, the ED and any local pollution agency with jurisdiction will be notified within two days of discovery, as required by §330.127(5)(D). Personnel shall be trained on an on-the-job basis by their supervisors related to acceptable and unacceptable wastes. Records of employee training on prohibited PART IV—SOP JULY 2013 CP&Y, Inc. 22 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 waste control procedures shall be maintained in the facility operating record. The personnel shall be trained to look for the following indications of prohibited waste: • Yellow hazardous waste on PCB labels • DOT hazard placards or markings • Liquids • 55-gallon drums • 85-gallon overpack drums • Powders or dusts • Odor or chemical fumes • Bright or unusual colored wastes • Sludges 7.2. Protocol for Random Waste Inspections The random inspections will be performed daily at the entry point to the landfill and at the working face. The purpose of the random inspections is to detect prohibited waste, hazardous waste, and PCBs that could potentially enter the site concealed within loads of authorized waste. The selection of loads for random inspection will exclude only waste in transfer vehicles that has already been screened. All other vehicles will be included in the pool of loads for random waste inspections. However, if at any time an excluded vehicle outside the pool is found to have suspicious waste within a load, the exemption status of that vehicle will become null and void, thereby subjecting it to random waste inspection consideration. STEPS FOR RANDOM WASTE INSPECTION Step One Direct the selected vehicle to the designated random waste inspection site. Step Two Qualified Personnel will inspect the load searching for signs of prohibited waste, hazardous waste, and PCB's that could potentially enter the site concealed PART IV—SOP JULY 2013 CP&Y, Inc. 23 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 within loads of authorized waste. The personnel performing the random waste inspection reserves the right to ask the driver to completely empty the load for a thorough examination. Step Three The results from the random waste inspections loads will be recorded in the Site Operating Record. Step Four In the event that a prohibited waste, hazardous waste, or PCB waste is detected then the waste must be managed in accordance with Section 7.3 or 7.4 of this SOP. 7.3. Management of Prohibited Wastes, Hazardous Wastes, and PCB's detected at the Entry Point of Cefe Valenzuela Landfill If a prohibited waste is discovered at the entry point of the landfill, the gate attendant shall immediately notify the Landfill Manager or its designee of the situation. The driver shall he advised that the waste cannot be accepted and where the waste may be disposed of legally. He or she shall be responsible for the proper disposal of this rejected waste. Gate attendants will complete a waste screening form indicating that the load carried a suspected unauthorized waste. The waste screening report will be entered in the Site Operating Record. 7.4. Management of Prohibited Wastes, Hazardous Wastes, and PCBs detected at the Working Face If a prohibited waste is discovered at the working face, personnel at the working face shall immediately notify the Landfill Manager or designee of the prohibited waste location and actions taken. Prohibited wastes that are not discovered until after they have been unloaded shall be returned to the vehicle that delivered the waste. The driver shall be advised where the waste may be disposed of legally and he or she shall be responsible for the proper disposal of this rejected waste. Personnel at the working face or other personnel assigned by the Landfill Manager or designee will complete a waste screening form indicating that the load carried a suspected unauthorized waste. The waste screening report will be entered in the Site Operating Record, In the event that the unauthorized waste is not discovered until after the PART IV—SOP JULY 2013 CP&Y, Inc. 24 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 vehicle that delivered the waste is gone, the waste shall be segregated and controlled as necessary. An effort shall be first made to identify the entity that deposited the prohibited waste and have them return to the site and remove the waste. In the event that identification is not possible, the Landfill Manager will notify the TCEQ and seek guidance on how to dispose of the waste as soon as possible. The Landfill Manager or designee will enter the incident in the Site Operating Record. 7.5. Large Items Containing CFCs Large items containing CFCs will be kept separate from the working face. A licensed contractor will be responsible for removing CFCs in accordance with 40 CFR §82.156(f). Once CFCs are removed, the appliances can be either recycled or disposed as a large item in accordance with procedures defined in section 17.0 of this SOP. 8. Fire Protection Plan As per the "Fire Protection" requirements specified in 30 TAC § 330.129, the City of Corpus Christi is required to have fire protection procedures in place to protect the safety of the employees, protect the environment, and minimize damage to the integrity of the site and structures. 8.1 . Preventive Actions The following steps must be taken by designated landfill personnel as precautionary measures to prevent fires: • Landfill personnel will take the necessary steps to prevent facility access to wastes that might present a fire hazard • Fuel spills must be contained and cleaned up immediately • No smoking will be allowed in prohibited areas and other areas that have not been specifically designed for smoking • A stock pile of soil will be kept at the working face to be used as a fire control measure in case a fire occurs in the working face or adjacent areas. PART IV—SOP JULY 2013 CP&Y, Inc. 25 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 The open burning of solid waste, except for the infrequent burning of waste generated by on-site land cleaning operations or emergency clean-up operations as authorized by the TCEQ is prohibited at the site. Unattended landfill equipment will not remain in the active area of the site overnight. Additionally, fuel spills will be contained and cleaned-up in a timely fashion. Dead trees, brush or heavy vegetation will be moved at least 100 feet from the limits of the waste, and grass and weeds around the limits of waste will be moved so that forest, grass or brush fires cannot spread to the landfill. 8.2. Fire Protection Training All employees shall receive fire protection training regarding the provisions of this Fire Protection Plan. A review of fire control measures for all landfill personnel shall be conducted on an annual basis. At a minimum, each landfill employee shall receive training regarding the following: • Fire prevention • Procedures to follow to respond to fires • Firefighting techniques o The use and limitations of fire extinguishers o When and whom to contact in case of an emergency o Other methods for fire control and prevention 8.3. General Rules for Fire incidents • Contact the Fire Department by calling 9-1-1 . The City's Fire Department is approximately 3.5 miles away and ready to respond if necessary. • Alert other facility personnel. • Assess the extent of fire, possibilities for the fire to spread and alternatives for extinguishing the fire. PART IV—SOP JULY 2013 CP&Y, Inc. 26 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 • Proceed to attempt to contain or extinguish the fire only if it appears that the fire can be safely extinguished with available firefighting devices and personnel. • Do not attempt to fight a fire alone; always wait for back up personnel to arrive. • Do not attempt to fight a fire without adequate personal protective equipment. • Upon the arrival of the Fire Department, direct Fire Fighting personnel to the fire and inform them of the actions taken. 8.4. Specific Fire Fighting Actions • If a fire occurs on a vehicle or piece of equipment, then the first step is to bring the vehicle to a safe stop and isolate it. If the situation allows, the vehicle must be parked away from any fuel sources, uncovered solid wastes, personnel and vehicles. Shut off the engine, engage the brake, or use some other appropriate method to prevent subsequent movement of the vehicle. • If the fire is in the "working face" the burning area should be isolated and contained. Soils should be directly placed on the fire to prevent additional oxygen from feeding the combustion. If this is not possible or is unsafe, then attempt to cover the work face with additional soils, alternate fire mitigation materials or water spray. A common firefighting method at landfills includes covering the area in question with a significant amount of soil so as to prevent any more oxygen from feeding the combustion. Also, water could be sprayed from the water truck to help extinguish the fire or prevent it from spreading. If a fire is detected early enough, then a small fire may be fought with a hand held extinguisher. Fire extinguishers will be located at the Gatehouse and on each piece of operating equipment. 8.4.1 . Stockpiling Fire-Fighting Materials Generally, the fire-fighting technique that can be quickly employed to fight a landfill fire is smothering with soil. The faster stockpiled soil can be placed over PART IV—SOP JULY 2013 CP&Y, Inc. 27 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 the fire, the more effective this method will be in controlling and extinguishing the fire. Enough cover soil will be stockpiled within 2,300 feet of the working face as an aid to fighting fires. A typical fire control stockpile is made up of one day's worth of daily cover material. Based on the maximum working face size of 150' by 150', a total of approximately 417 cubic yards of soil will be available within 2,300 feet. This amount of soil will vary depending on the quantities of waste accepted at the site. Only one area of the landfill will typically be open at any given time. During wet weather conditions, a wet weather operating area will be maintained, but the normal working area will not be open at that time. During cell transition periods, it may be necessary to operate two areas at the same time. This will be a short-term condition. Trained staff will be located at both areas. Each quarter, the Landfill Manager will evaluate waste acceptance at the site, and based on the largest quantities accepted per day, establish a stockpile quantity for the next quarter. The calculation will be made by multiplying the active working face area times .5 feet (cover thickness) divided by 27 cubic feet to determine cubic yards of stockpile. The landfill water truck will also be available on-site for firefighting. Sufficient equipment is available on site to provide a minimum of six inches of soil over the working face in the event of a fire; however, this is not always deemed to be the most appropriate method for fire control. Under most circumstances, when the fire is limited to a small area of the site, material that is on fire will be removed from the working face to limit the size of the fire. Once removed, the fire can be extinguished using soil, fire extinguishers, or water from the water truck. If the fire becomes too large for control using these methods, the fire department will be notified immediately. Below is a calculation of the City's ability to place six inches of material over the maximum working face of 150' x 150'. Calculation Assumptions: Amount of soil required = surface area (150'x150') * cover thickness (5) = 417 cubic yards PART IV—SOP JULY 2013 CP&Y, Inc. 28 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 20 cubic yards per load (average) = 20.85 loads (11 per truck) 10 miles per hour average (includes loading and unloading time) — 880 feet / minute 11 loads @ 2,300' * 2 way = 50,600 ft / 880 ft per minute = 57.5 minutes which is less than the required 60 minutes. The staff will be trained upon hire and annually in fire protection and containment techniques and will be advised of the procedural listing in this document, Sufficient material will be available for fire prevention and to assist in extinguishing a fire if one should occur. The projected maximum size of the working face will vary with throughput. The working face sizes will be limited to the following sizes under normal site operations. The ranges represent the size of the working face including the wet weather area. Table 8.1: Maximum Size of Working Face & Wet Weather Area Tons per day Maximum Square Feet of Working Face 1 - 100 2,500 101 - 1,000 10,000 1,001 - 2,000 22,500 2,001 - 3,000 40,000 Under normal working conditions, only one area will be allowed for disposal of municipal solid waste. During wet weather conditions, a designated wet weather area will be used. The maximum size of the wet weather area will correspond to the size of the normal working face. A trained employee (equipment operator or spotter) will monitor the working face during disposal operations. 8.5. Operational Activities that Store, Process, or Dispose of Combustible Materials Fueling Tank Operation: The City of Corpus Christi owns a 10,000 gallon fuel tank used for the fueling of heavy equipment vehicles servicing the landfill and surrounding City properties. PART IV—SOP JULY 2013 CP&Y, Inc. 29 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 8.6. Fire Fighting Equipment Facility equipment will include fire extinguishers, a water truck with powered spray capability, earth moving equipment, and a water pump. A fire extinguisher shall be placed at all buildings on site, on each piece of heavy equipment, and at the fueling station. Each extinguisher shall be inspected at least annually and recharged as necessary. The site will have a bulldozer and earth moving equipment, either a scraper and/or excavator and dump truck, and water pump available for firefighting purposes. The bulldozer will be available for spreading soil over the burning waste and for dispersing any incoming load that is on fire. The scraper or excavator and dump truck will provide cover soils for covering burning waste and for transferring extinguished and cooled loads for disposal. The water truck may be used for dumping or spraying water on fires. The water pump may be used for loading water into the water truck or for pumping water directly onto a fire. 8.7. Hot Loads Burning waste will not be unloaded in the active area of the landfill. After the gate attendant, equipment operator, or other site personnel have identified signs of a possible load of burning waste or a hot load, the truck will be directed to a pre- designated portion of the landfill away from the working face, fuel areas, and other combustion sources. The waste will be unloaded and the water truck will water down the waste. The bull dozer may smother the fire with soil if the water does not sufficiently extinguish the fire. The waste will then be inspected for signs of fire or hot spots. When the fire has been extinguished and the waste has been cooled, the waste will then be transferred to the landfill active area and disposed. 8.8. Equipment Cleaning Limited high pressure hot water or steam will be used to remove combustible waste and caked material that can cause equipment overheating and increase the threat of fire. The cleaning will be limited to equipment used primarily on the working face and will be accomplished in an area that was constructed in a manner that is compliant PART IV—SOP JULY 2013 CP&Y, Inc. 30 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 with Subtitle D requirements. There is no limit on the number of times cleaning can occu r. 8.9. Fire Protection Standards The City of Corpus Christi adopted the "2003 edition of the International Fire Code" as the Fire Prevention Code Section of the City Code of Ordinance. 8.10. Different Types of Fires The table below describes the four common types of fires and the proper extinguishing agent to use in each case. Table 8.2: Fire Type and Extinguishing Agent Fire Type Characteristics Extinguisher Type Wood, paper,textiles Class A or ABC Extinguisher: Uses water, water- Class A Fire and other ordinary based chemical, foam,or multi-purpose dry combustibles. chemical.A strictly Class A extinguisher contains only water. Flammable liquids, oils, Class ABC or BC Extinguisher: Uses foam,dry Class B Fire solvents, paint,grease, chemical,or carbon dioxide, to put out the fire by etc. smothering it or cutting off the oxygen. Electrical, live or Class ABC or BC Extinguisher: Uses foam,dry Class C Fire energized chemical,or carbon dioxide to put out the fire by electric wires or smothering it or cutting off the oxygen. equipment. Combustible metals Class D Extinguisher: Uses dry powder or other Class D Fire (magnesium,titanium, potassium, etc.) special sodium extinguishing agents. 9. Access Control As per the "Access Control" requirements specified in 30 TAC § 330.131 all municipal solid waste management facilities must control access. The City of Corpus Christi is required to have adequate access control to prevent unauthorized waste disposal. Public access to the landfill is limited to one main entrance/exit located on CR 20. The Gate Attendants will control access and monitor all vehicles entering and exiting the site. PART IV—SOP JULY 2013 CP&Y, Inc. 31 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 9.1 . Access from Public Road Access to the site will be controlled at the main site entrance/exit. A site entrance sign is prominently displayed adjacent to the main entrance, There is also a gate located at the entrance to the facility. This gate is locked when the facility is not in operation. 9.2. Vehicle Access Landfill vehicles and waste vehicles will have access to the active portion of the landfill. All visitor vehicles not related to waste hauling activities are required to sign- in at the gatehouse and are then directed to go to the landfill office to discuss the nature of business with the Landfill Manager. The Landfill Manager reserves the right to accept or deny entry if they feel that the visitor's presence or intended activity might hinder the overall landfill performance. 9.3. All-Weather Access The main site entrance at CR20 is paved asphalt roadway that transitions into all- weather roads in the interior of the site. Site personnel maintain the caliche roads for all-weather access. The entrance road to the facility from CR20 and interior access roads within the site are all-weather roads. The all-weather road and access area should be constructed of caliche, limestone, concrete or asphalt. A "pad" may be constructed near the disposal area so that vehicles will have maneuverability to dispose of the waste at the working face during wet weather. The materials used for all-weather road construction may be salvaged and reused as the access roads' locations change across the site. 9.4. Traffic Control The Gate Attendant will restrict site access only to authorized vehicles and will direct the traffic to the corresponding disposal area. Most commercial waste transportation will be weighed at the scales and then directed to the active portion of the landfill. Most non-commercial waste transportation vehicles will be directed where to go by the Gate Attendant or by the different signs placed on site. Site personnel, signs, PART IV—SOP JULY 2013 CP&Y, Inc. 32 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 and barricades will be used to control traffic flow and to expedite safe movement of vehicles. 9.5. Site Security and Access Control Breach Site security measures are designed to prevent unauthorized persons from entering the site, to prevent unauthorized disposal, to protect the facility and its equipment from potential damage caused by trespassers, and to prevent disruption of facility operations caused by unauthorized site entry. If an access breach is detected and the repairs take up to 8 hours after first discovery, then the TCEQ does not need to be notified of the incident. However, the incident will be recorded in the Site Operating Record as a non-reportable incident. If an access breach is detected and the repairs are anticipated to take more than 8 hours after first discovery, then the TCEQ must be notified of the incident. Furthermore, the incident will be recorded in the Site Operating Record as a reportable incident. The following table summarizes the repair and reporting requirements for access breaches repaired within 8 hours and not permanently repaired in 8 hours. Table 9.1: Repair and Reporting Requirements for Access Breaches If an Access Breach occurs and it can be If an Access Breach occurs and it Requirements repaired within 8 hours cannot be permanently repaired in 8 hours Then, notification to TCEQ regional Is Not required Is required within 24 hours office of breach and repair schedule... Then,temporary repairs must be Do not apply Within 24 hours completed... Then, permanent repairs must be Within the schedule submitted to completed... Within 8 hours TCEQ regional office in the initial notice Then, notification to TCEQ regional Is required within the schedule office when permanent repair is Is Not required submitted to TCEQ regional office in completed... the initial notice PART IV—SOP JULY 2013 CP&Y, Inc. 33 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 9.6. Site Fencing An appropriate fence will be maintained in areas where natural barriers are not available to prevent public access to the facility. The types, sizes and performance specifications for the fences are listed in table below. Table 9.2: Fence Specifications Type of Fence Performance Specifications Location of Fence Galvanized Wire Fence 5 feet high, 14 Gauge,consisting of 2"x 4" Perimeter Fence Galvanized Wire Fence Galvanized Wire Fence 8 feet high, 14 Gauge,consisting of 2"x 4" Containment Fence Galvanized Wire Fence 10. Unloading of Waste As per the "Unloading of Waste" requirements of 30 TAC § 330.133, the City of Corpus Christi is required to have a protocol pertaining to the unloading of wastes. The unloading of solid waste must be confined to as small an area as practically possible, the maximum allowable working face area will be 40,000 ft2. Trained personnel will be available to monitor each load that is disposed of in the working face. 30 TAC § 330.133 gives the facility staff the authority and responsibility to reject unauthorized loads and have unauthorized material removed from the working face. A record of unauthorized material removed from the working face will be entered in the Site Operating Record. Trained personnel refers to the Landfill Manager, landfill foreman, equipment operators and laborers with waste screening training who will monitor the incoming waste at the working face. These personnel will be familiar with the rules and regulations governing the various types of waste that can or cannot be accepted into the facility, including knowledge of 30 TAC § 330.171 . The personnel will also have a basic understanding of both industrial and hazardous waste and their transportation and disposal requirements. 10.1. Management of Wastes Disposed in Unauthorized Areas Unloading of waste in unauthorized areas is prohibited. Solid waste unloading will be controlled to prevent disposal in locations other than those specified by site PART IV—SOP JULY 2013 CP&Y, Inc. 34 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 management. Signs with directional arrows and portable traffic barricades will help to restrict traffic to designated disposal locations. Signs will be placed along the access roads to the current disposal area or other designated disposal areas that may be established. Any waste deposited in an unauthorized area will be promptly removed and disposed of at the working face. Controls will also be used to confine the working face to a minimum width consistent with the rate of incoming waste, while allowing for safe and efficient operation. As mentioned before, the maximum allowable working face area will be 40,000 ft2. Normally, only one working face should be active on any given day. 10.2. Random Load Inspections at the Working Face Random load inspections for all unauthorized wastes at the working face will be conducted at least once every day and they will be entered in the Site Operating Record. The random load inspections will follow the protocol established in Section 7.2 of this SOP. 10.3. Management of Prohibited or Unauthorized Wastes and PCBs detected at the Working Face If a prohibited waste, hazardous waste, PCBs, or any other unauthorized waste is discovered at the working face, then the Landfill Manager or its designee shall be notified immediately of the unauthorized waste location and actions taken. The prohibited waste, hazardous waste, or PCBs shall be managed according to the provisions set in Section 7.4 of this SOP. 11. Facility Operating Hours As per the "Facility Operating Hours" requirements specified in 30 TAC § 330.135, the City of Corpus Christi is required to specify the operating hours when the facility may be open to accept waste and the operating hours when materials may be transported on or off site. The facility is authorized for waste acceptance 24 hours per day, 7 days per week. Actual hours of operation will be set by the Director of Solid Waste Services. Prior to initial opening of the facility, the Landfill Manager will inform TCEQ in writing of the planned hour of operation. PART IV—SOP JULY 2013 CP&Y, Inc. 35 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 12. Site Signs An "entrance sign" is displayed at the CR 20 entrance to the site. The sign will measure at least 4 feet by 4 feet, and have lettering of at least 3 inches in height which states the name of the site, type of site, hours and days of waste acceptance, and the TCEQ MSW permit number. A sign prohibiting certain types of waste such as hazardous waste, and "smoking wastes" will be posted near the landfill entrance. In addition, a sign stating that all waste transport vehicles must be properly covered will be posted at the CR 20 entrance and at the gate house. The City is authorized to operate the facility 7 days per week, 24 hours per day. At the City's discretion, waste acceptance hours will be set within this timeframe and will be included on the site sign. The sign will also indicate the phone numbers of emergency contact personnel available 24 hours per day, including the Landfill Manager and the emergency fire department contact. Rules related to requirements that any loads delivered to the landfill must be covered will be included with the site sign. 13. Control of Windblown Solid Waste and Litter As per the "Control of Windblown Solid Waste and Litter" requirements specified in 30 TAC § 330.139, the City of Corpus Christi is required to control onsite windblown waste and litter scattered along fences, access roads, and at the gate, due to wind currents or as a result from waste falling from vehicles at least once a day on days that the facility is in operation. Windblown Wastes and Litter will be controlled using the following means: • Waste disposal vehicles using the landfill will be required to have adequate covers or other means of containment for the wastes they transport. The adequacy of covers and/or containment will be checked at the site entrance. • Displaying signs indicating that unsecured loads will not be admitted and they will be subjected to enforcement action from the Solid Waste Code Enforcement Officers. PART IV—SOP JULY 2013 CP&Y, Inc. 36 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 • Personnel from Solid Waste Code Enforcement will be responsible for issuing violations for improperly secured loads. • Portable litter control fences will be provided, as necessary, at appropriate locations. The litter control fences may be constructed of wire mesh screens attached to portable frames or other appropriate anchor methods. The litter control fences should be of sufficient height to control windblown waste and litter. The litter control fence should be located as close as practical to the active area to control windblown waste and litter. • At least once a day that the facility is in operation, litter will be collected that may have accumulated on-site near the gate house and access roads used by waste disposal vehicles. The actions taken and volumes handled will be recorded daily in the Site Operating Record. The City is responsible for litter control within two miles of the site entrance in either direction on CR 20. The City will provide this litter pickup on each day that the landfill is in operation. The collected waste will be taken to the landfill for disposal. • The working face shall be covered at least once daily during the operational hours using approved daily cover materials to avoid prolonged exposure of wastes and to minimize windblown effects. 14. Easements and Buffer Zones As per the "Easement and Buffer Zones" requirements of 30 TAC § 330.141 , the City of Corpus Christi is required to address the location and operations concerning easements and buffer zones. 14.1. Easements In accordance with 30 TAC§ 330.141 , solid waste unloading will not occur within an easement or right of way that crosses the site. No solid waste disposal will occur within 25 feet of the centerline of any utility line or pipeline easement, unless otherwise authorized by the TCEQ. Easements, will be clearly marked as specified in Section 15 (relating to Landfill Markers and Benchmarks) of this SOP. PART IV—SOP JULY 2013 CP&Y, Inc. 37 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 Electrical and telephone service to the site will be provided by a combination of overhead lines on utility poles and underground piping. Drinking water will be provided by underground piping from an on-site water supply well. Wastewater from the buildings will be handled by an onsite septic tank system or will be transported to a City wastewater treatment plant by tank truck. Natural gas will not be used at the site at this time. Several underground pipeline easements cross the site, as identified in Part III of the Permit Application and Site Development Plan, attachment 1-Site Layout Plans. This map identifies specific easement widths as well. Waste shall not be placed within 25 feet of the centerline of any underground pipeline easement. A copy of the Permit Application and Site Development Plan can be found in the landfill's organized document library. 14.2. Buffer Zones The buffer zone is located between the permit boundary and the waste footprint. The buffer zone for the site is composed of a 500-foot wide band of site property located adjacent to the property boundary. No solid waste unloading, storage, disposal, or processing operations will occur within any buffer zone or right-of-way that crosses the site. Perimeter drainage, buffer zone planting, farming, and other non-waste related activities may occur within the buffer zone, in accordance with the SDP. The buffer zone and/or perimeter access roads adjacent to the waste footprint will be maintained at a width of at least 50 feet with no obstacles to provide safe passage for firefighting and other emergency vehicles. The Landfill Manager will make provisions to ensure that proper lighting at the working face is oriented so that it does not become a nuisance to adjacent residents. Due to long distances between landfill and residences, it is not anticipated that physical barriers between the site and residences will be needed. However, if additional mitigation of light or noises becomes necessary, the Landfill Manager or its designee will take appropriate measures to promptly address the issue. All buffer zones will be clearly marked with a yellow marker. PART IV—SOP JULY 2013 CP&Y, Inc. 38 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 15. Landfill Markers and Benchmark As per the "Landfill Markers and Benchmark" requirements specified in 30 TAC § 330.143, the City of Corpus Christi is required to indicate how the landfill markers and benchmarks will be maintained. 15.1. Landfill Markers Landfill markers will be installed to clearly mark significant features. The markers will be steel, wooden, plastic or other appropriate materials of construction. The markers will not be obscured by vegetation and will be placed in sufficient numbers to clearly show the required boundaries. Markers that are removed or destroyed will be replaced within 15 days after first discovery. Guidelines for types, placements, and color-coding of markers are outlined below. • Site Boundary: Site Boundary markers will be painted black. The markers will be placed at each corner of the site and along each boundary line at intervals no greater than 300 feet. Fencing may be placed within these markers as required. In areas where the fence is located on the property boundary the fence posts may be painted black and used as site boundary markers. In this case, the post may be no less than 6 feet in height • Buffer Zone: Buffer zone markers will be painted yellow. The markers will be placed in sequence with development of the site (see Part II of the Permit Application and Site Development Plan, Attachment 1) along the buffer zone boundary, at corners, and between corners at intervals of approximately 300 feet. The buffer zones will be a minimum of 500 feet wide. A copy of the Permit Application and Site Development Plan can be found in the landfill's organized document library. • Easements and Right-of-Way: Easements and rights-of-ways markers will be painted green. The markers will be placed in sequence with development of the site (see Part III of the Permit Application and Site Development, Attachment 1) and only within the areas of solid waste activities. Markers south of grid line N8000 will be placed as follows: At site opening (see Figure 1 .13 located in PART IV—SOP JULY 2013 CP&Y, Inc. 39 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 Part III of the Permit Application and Site Development, Attachment 1) the Hanlon-Buchanan Pipeline from its intersection with the site entrance road southward, and all other known pipelines and utility easements will have markers placed at intervals of approximately 300 feet along the centerline of the easement along the boundary of right-of-way, at each corner within the site (each changed direction of the pipeline), and at the intersection of the pipeline with the site boundary. The Hanlon-Buchanan Pipeline easement and right-of- way will be marked at its intersection with the site entrance road, but not further marked north of that intersection until site development eliminates agricultural production north and east of this intersection (see Figure 1 .16 located on Part III of the Permit Application and Site Development, Attachment 1). at that time the Hanlon-Buchanan pipeline easement and right-of-way will be marked at 300-foot intervals from the entrance road to gridline N8000. Easements and rights-of-way located north of grid line N8000 will be marked at the site opening only where they cross the entrance road and at their intersections with the site boundary. Internal markers north of grid line N8000 will not be utilized so as to not otherwise interfere with agricultural activities. Disposal of solid wastes north of grid line N8000 cannot occur under this permit. Future development of areas north of gridline N8000, should it be desired, will comply with applicable solid waste regulations in effect at the time of the desired new development. A copy of the Permit Application and Site Development Plan can be found in the landfill's organized document library. • Landfill Grid System: Grid markers will be painted white. The grid system will consist of lettered markers along two opposite sides and numbered markers along the other two sides. These markers will be spaced no greater than 100 feet apart measured along perpendicular lines. Intermediate markers will be installed in the case where markers cannot be seen from opposite boundaries. The grid markers will be maintained during the active life of the site and throughout the post-closure period. The grid system will mark at least the area that will be filled with solid waste within the next three years. PART IV—SOP JULY 2013 CP&Y, Inc. 40 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 • SLER or GLER Area: SLIER or GLER markers will be painted red. The markers will be placed so that all areas for which a SLIER or GLER has been submitted and approved by the TCEQ are readily determinable. Such markers are to provide site workers immediate knowledge of the extent of the approved disposal areas. The location of these markers will be tied into the landfill grid system and will be reported on each SLIER or GLER submitted. SLIER or GLER markers will not be placed inside the evaluated areas. • Flood Plain: There are no areas of this site inundated by the 100-year flood plain. Therefore, such markers are not necessary. • Class 1 Areas: Specific areas dedicated to the burial of Class 1 non-hazardous industrial solid wastes will be marked at all corners of the approved composite liner for the Class 1 area. Such markers will provide site workers immediate knowledge of the extent of the approved disposal areas. Markers will be located so that they are not destroyed during operations. 15.2. Landfill Benchmarks As required by 30 TAC § 330.143(b)(8), a permanent benchmark will be established onsite in areas that are accessible and will not be used for disposal. The benchmark will be a bronze survey pin set in concrete on monitor well pads. The benchmark elevation has been surveyed from a known United States Geological Survey (USGS) benchmark or other reliable benchmark. 16. Materials Along the Route to the Site As per the "Materials Along the Route to the Site" requirements specified in 30 TAC § 330.145, the City of Corpus Christi is required to take steps to encourage waste disposal vehicles to carry their load in enclosed containers or provide a tarpaulin, net, or other means to properly secure the load. A sign will be posted stating this policy at the CR20 entrance and at the gate house. These steps are necessary to prevent the escape of any part of the load by blowing or spilling. The landfill personnel will be responsible for the cleanup of waste material spilled along and within the right-of-way of all public access roads serving the site for a distance of 2 miles in either direction from PART IV—SOP JULY 2013 CP&Y, Inc. 41 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 the entrance on CR20. This will be done every day that the landfill is in operation. The actions taken and volumes handled will be recorded in the Site Operating Record. 17. Disposal of Large Items As per the "Disposal of Large Items" requirements specified in 30 TAC § 330.147, the City of Corpus Christi is required to manage large items in such a way that they do not present an interference to site operations and/or to avoid any potential environmental issue that might impact the site and/or its surroundings. Refrigerators, freezers, air conditioning units, or other items containing CFC refrigerant will not be accepted for disposal at the working face unless the CFCs contained in the item have been removed completely by a licensed contractor in accordance with 40 CFR § 82.156(f), as amended. The City of Corpus Christi will hire a licensed contractor to remove the CFCs contained in the items prior to disposal at the working face. The City of Corpus Christi will temporarily store items containing CFCs in the "Appliance Area" located inside the landfill. The Appliance Area is sufficiently large to temporarily store large items awaiting CFC extraction. The Appliance Area will be separated from the working face by more than 500 feet to avoid any possible interference with disposal operations and/or to avoid any potential environmental issue that might impact the site and/or its surroundings. 17.1. Items classified as Large, Heavy or Bulky Items (White Goods) The following list gives examples of items that are considered large, heavy, or bulky. • Refrigerators of various sizes • Air conditioners of various sizes • Clothes Dryers of various sizes • Clothes or Dish Washers of various sizes • Freezers of various sizes The above list is not comprehensive and more items can be added at the Landfill Manager's discretion. PART IV—SOP JULY 2013 CP&Y, Inc. 42 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 Large items will be placed in the designated Appliance Area and recycled when possible. Large items including appliances will be removed at least monthly to eliminate the potential from these materials from becoming a nuisance. Tires that are delivered comingled with other waste and that are removed from the working face will be stored at the white goods area and recycled. Whole used or scrap tires will not be knowingly disposed. Scrap tires will be removed from this area every two weeks. Tires and appliances will be managed in a manner to reduce and eliminate possible ponding of water to eliminate potential conditions that would promote disease vectors. If disposed, they will be reduced in size at the working face to the extent practical. Large and bulky items, including brush will be disposed near the bottom of the fill face. Items that can be classified as large, heavy, or bulky can include, but are not limited to, white goods (household appliances), air conditioner units, metal tanks, large metal pieces, large pieces of brush and automobiles. Special care will be taken to achieve the maximum practical compaction of these items prior to placement of the next layer of waste in the lift. Special care will be taken while disposing these materials so that the liner is not damaged while this material is disposed. These materials will not be placed within the first five feet above the liner or sidewalls. 17.2. Management of Items Containing CFCs The respective license and certifications for the contractor will be kept on file at the landfill office. The contractor will remove all CFCs from the site upon extraction. The Landfill Manager will work to keep the storage of appliances on site to a minimum number of days, never to exceed more than one month. 18. Air Criteria As per the "Air Criteria" requirements specified in 30 TAC § 330.149, the City of Corpus Christi is subject to TCEQ rules concerning burning and air pollution control, this includes nuisance odors, outdoor burning, visible emissions, and particulate matter control requirements. PART IV—SOP JULY 2013 CP&Y, Inc. 43 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 Sources of Odor Potential odor sources associated with. a municipal solid waste landfill facility may include the wastes being delivered to the landfill, the open working face, the leachate collection system, leachate storage ponds or tanks, ponded water, and landfill gas. Many of the wastes received at a landfill are a source of odor upon receipt, such as sludges and dead animals. Other wastes have the potential for becoming sources as they biodegrade during the decomposition process. Leachate„ liquid that has passed through or emerged from solid waste, may also be a source of odor if not properly handled or managed in a timely manner. Ponded water and landfill gas could become a source of odor as well. Due to the landfill being in a remote area with few neighbors, problems associated with odors will be minimal. 18.1. Odor Management Plan The odor management plan addresses the handling of particular odorous waste at the landfill. Odor control measures may include, but are not limited to the following items: • Control of any ponded. water at the site to avoid its becoming an odor nuisance • Incoming waste should be promptly landfilled. • To avoid spillage and to minimize exposure to the atmosphere, removal of leachate should be done under appropriate weather conditions (i.e. low wind speeds, no rain). • Regular inspections and repairs of the gasket, cap, and leachate riser backfill material. • Use of vapor-tight gaskets on all leachate sumps. • Adding leachate collection systems to the gas management system. • Daily visits on days that the landfill is in operation will be made to the leachate storage ponds or tanks to determine any odor problems. In the event of odor problems, the storage facilities will be examined and appropriate measures will be employed to minimize the odors. We do not anticipate any issues arising PART IV—SOP JULY 2013 CP&Y, Inc. 44 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 from odor. The wind is predominantly from the southeast and the nearest neighbor is approximately 1 .5 miles from the ponds. If the wind is from the north, there are no neighbors within two miles of the south property line. The areas adjacent to the ponds are agricultural and no development is anticipated. However, if odor becomes an issue (complaint from a nearby neighbor specifically regarding odor from the ponds), then the City shall interview the neighbor and determine the cause of the odor. If it is determined that the odor is from the ponds and is a nuisance, then proper measures shall be taken as appropriate in accordance with current design standards. Such measures may include, but are not limited to, the use of aerators, bubblers, and as a last resort removing the leachate and transporting it off-site for treatment. • In the event objectionable odors occur, appropriate measures should be taken to alleviate the condition. • Identify known sources of odorous wastes and specify a time of day for these wastes to be received so that they can be given special attention. • If odors are a result of improper use of alternate daily cover material, the cover material will need to be re-evaluated. • Spills of odorous material should be promptly managed. • Damage or erosion of daily, alternate or FML cover should be promptly repaired NOTE: The City of Corpus Christi (Nueces County in general) is not in a State Implementation Plan (SIP) designated jurisdiction; therefore SIP criteria does not apply. 18.2. Open Burning Open burning is banned at the landfill, unless specifically authorized by the TCEQ to manage emergency situations, such as burning of brush when an emergency situation arises, e.g. hurricanes. 19. Disease Vector Control As per the "Disease Vector Control" criteria specified in 30 TAC § 330.151, the City of Corpus Christi is required to control vectors such as rodents, flies, and mosquitoes at PART IV—SOP JULY 2013 CP&Y, Inc. 45 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 landfills through daily site operations, which include the application of daily, intermediate, and final cover. Landfill operators will conduct routine checks for insects or rodents associated with the operations and will report problems to the Landfill Manager_ If necessary, a licensed professional should apply pesticides to ensure that proper chemicals are used and are properly applied. 20. Site Access Roads As per the "Site Access Roads" requirements of 30 TAC § 330.153, the City of Corpus Christi is required to control and minimize mud, dust and litter from the landfill onto public roadways The entrance to the facility from CR20 and interior access roads within the landfill are all weather roads. These roads are provided for access to the active disposal area. Re-grading to minimize potholes will be performed as necessary. The following steps will be taken to control and minimize the impact of mud, dust and litter from the facility: 20.1. Control and Minimization of Mud: The road construction material will consist of caliche, limestone, or recycled asphalt, which provides mud control for waste disposal vehicles prior to exiting the site and returning to public roadways. The entrance to the landfill will be swept at least once per day on days when mud and associated debris are being tracked onto the public roadway, and as necessary to control excessive amounts of mud that the daily maintenance crew cannot handle. Mud and associated debris will be controlled through the use of all-weather roads, mechanical or hand sweepers, and equipment capable of scraping mud from the roads. 20.2. Control and Minimization of Dust: Dust at the facility will be controlled by watering the access roads as necessary to suppress dust generation. The water source may be clean storm water (including that storm water captured during cell construction), or applicable potable water supply system. 20.3. Control and Minimization of Litter: For control and minimization of windblown solid waste and litter see Section 13. PART IV—SOP JULY 2013 CP&Y, Inc. 46 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 20.4. Re-grading of Site Access Roads: The site access roads will be re-graded at the discretion of the Landfill Manager but at least once a quarter. 21. Salvaging and Scavenging As per the "Salvaging and Scavenging" requirements specified in 30 TAC § 330,155, the City of Corpus Christi is required to take the necessary steps to ensure that salvaging efforts do not interfere with sanitary disposal operations, and that scavenging activities do not occur on site. 21 .1. Salvaging Operations Salvaging operations proceed at the Landfill as prescribed by Texas Law, i.e. "controlled removal of waste materials for utilization, recycling, or sale." Salvaged materials should be considered as potential recyclable materials and may be stored in a designated collection area. Salvaged items should be recycled often enough to prevent an excessive accumulation of the material at the site to prevent odor or other nuisance conditions from developing and to eliminate the risk of discharge of pollutants. Items recovered through salvage operations will be removed from the site at least once per month. 21 .2. Scavenging Activities Scavenging is the uncontrolled and/or unauthorized removal of materials from the waste stream. Such activities will be prohibited at all times on site because of the dangers they present to human health and the environment. The City of Corpus Christi will take necessary measures to prevent scavenging activities on site. 22. Endangered Species Protection Based on previous studies and a determination by both the Texas Parks and Wildlife Department and the U.S. Fish and Wildlife Service, operations of the site is not likely to impact endangered species (animal or plant). As the facility is developed site personnel should notify the Landfill Manager if any change in this status is suspected. PART IV—SOP JULY 2013 CP&Y, Inc. 47 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 Previous evaluation and the findings of the Texas Historical Commission indicated that cultural resources do not exist on site. As the facility is developed, site personnel should notify the Landfill Manager if any change in this status is suspected. The Landfill Manager will be responsible for reporting suspected changes to the status of endangered species or cultural resources to the Director of Solid Waste Services, The Director will then take appropriate action which may include notification of authorities as appropriate, and ordering modification of activities in the area of concern. 23. Landfill Gas Control As per the "Landfill Gas Control" requirements of 30 TAC § 330.159, the City of Corpus Christi is required to control and monitor landfill gas in accordance with the "Gas Management Plan" included in Part HI of the Permit Application and Site Development Plan, Attachment 14. The Permit Application and Site Development Plan can be found in the landfill's document library as per the "Recordkeeping Requirements" specified in 30 TAC § 330A25. The landfill gas monitoring results will be kept in the facility's operating record and submitted to the TCEQ in accordance with the Site Development Plan, Attachment 14. 23.1. Perimeter Monitoring 23.1.1 . Perimeter Monitoring Network The LFG monitoring probe network will include LFG monitoring probes and utility trench vents. The LFG monitoring probes will be located along the permit boundary and north of Unit 2. The utility trench vents will be located on each utility easement within 2,000 feet of the waste disposal areas. The probes and vents will be installed sequentially as the development of the fill areas progress. The probes and vents will be installed at locations when waste disposal is within 2,000 feet. Locations of the proposed monitoring probes and vents, as well as the installation sequence plan, are shown in Appendix 14A, Figure 14A. 1. Permanent LEG monitoring probes of a single tube design will be used to detect the presence of LFG in subsurface soil. The single tube probe design was chosen for two reasons. First, it provides monitoring of the soil strata for the total depth of the PART IV—SOP JULY 2013 CP&Y, Inc. 48 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 probe, minimizing the possibility of undetected LFG migration through an unscreened zone. Second, it is difficult to achieve and maintain positive seals between separate monitoring zones within a single well-bore, which increases the chance for misinterpreted monitoring results. Utility trench vents will be used to detect the presence of LFG within the utility easements. Utility trench vents will be installed with a monitoring port for monitoring for the presence of LPG, The vent was selected to serve as a means of monitoring due to its ability to also be used to mitigate LFG migration within the utility easements should it occur. 23.1.2. Landfill Gas Monitoring Probes and Utility Trench Vents Proposed LFG monitoring probes will be installed consistent with guidelines presented in the TCEQ Municipal Solid Waste Division Methane Monitoring Handbook, Version 2, December 1993. Probes will be installed to monitor the soil strata above the higher of the lowest measured groundwater level at the monitoring point or the lowest current or planned future elevation of waste within 1 ,000 feet of the monitoring point. The probes will be screened from approximately 1 .5 feet above the bottom of the borehole to within approximately 5 feet of the ground surface. Washed pea gravel will be placed in the borehole to approximately 6 inches above the screened interval and approximately 6 inches of sand will be placed over the pea gravel. Bentonite pellets will be placed above the sand and hydrated to form an impermeable layer to prevent air and water intrusion into the probe boring, A concrete pad and a steel casing extending into the borehole and above the ground surface will also be installed. A PVC cap with a quick connect coupling will be installed at the top of the probe for ease of monitoring. No solvents or PVC cement, which may affect monitoring results, will be used during construction of the probes. A typical detail of the proposed LFG monitoring probes is provided on Figure 14A.2 in Appendix 14A in the SDP. 23.1.3. Monitoring Procedures Methane concentrations will be measured using a combustible gas indicator calibrated against a methane standard with a sampling line for drawing samples PART IV—SOP JULY 2013 CP&Y, Inc. 49 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 directly to the indicator without diluting the sample. The indicator should give a direct reading of methane concentration by volume. Equipment maintenance requirements, monitoring procedures, and calibration information for the instruments used to monitor methane concentrations should be kept on site with the LFG monitoring records described in Section 3.3. Monitoring will be conducted under the oversight of the Chief Landfill Foreman by qualified personnel or a qualified consultant. The results will be recorded on the attached Quarterly Landfill Gas Monitoring Report (Appendix 14B to the SDP), or similar form, and maintained in the Site Operating Record. If one of the tests indicate that the allowable concentration of methane has been exceeded, verification procedures, described in Section 4 of Part III, Attachment 14 to the SDP, will be implemented. If verification procedures indicate allowable limits are being exceeded, notification procedures, also described in Section 4, will be implemented. 23.1.4. Maintenance Procedures Each time LFG monitoring is conducted, the integrity of the LFG monitoring probes and utility trench vents will be inspected by the sampler. The sampler will record pertinent information on the Quarterly Landfill Gas Monitoring Report (Appendix 14B to the SDP) or similar forms. The Quarterly Landfill Gas Monitoring Report will be kept on file at the facility. The sampler will perform the following at each monitoring event: • Verify that the LFG monitoring probe or utility trench vent number is clearly labeled on the outer casing or lid. • Verify that the protective casing is intact and is not bent or excessively corroded. • Verify that the concrete pad is intact (no evidence of cracking or heaving). • Verify that the padlock is functional. • Verify that the inner casing is intact. PART IV—SOP JULY 2013 CP&Y, Inc. 50 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 If damage or excessive wear to the LFG monitoring probe or utility trench vent is observed, it will be reported to the Landfill Foreman. If it is not possible to repair the LFG monitoring probe or utility trench vent and the damage can potentially affect the accuracy of future monitoring results, the LFG monitoring probe or utility trench vent will be decommissioned and replaced with a new LFG monitoring probe or utility trench vent in accordance with Sections 3.1 .2 and 3.4 of the Landfill Gas Management Plan. The combustible gas monitoring instrument should be calibrated and maintained in accordance with the manufacturer's instructions. The maintenance requirements for the monitoring instrument will be available on site with the LEG monitoring records described in Section 3.3. 23.2. Record keeping/Reporting Field monitoring data records will be maintained for the methane monitoring and kept on site as part of the Site Operating Record. Field data will be recorded on the Quarterly Landfill Gas Monitoring Report form (or similar form) as shown in Appendix 14BofPart lll. Monitoring probes and utility trench vents will be monitored quarterly during the following periods: LFG Monitoring Quarters First Quarter: January - March Second Quarter: April - June Third Quarter: July - September Fourth Quarter: October - December The LFG Monitoring Program will continue for a period of 30 years after the final closure of the facility or until the owner or operator receives written authorization from TCEQ to revise or discontinue the program. PART IV—SOP JULY 2013 CP&Y, Inc. 51 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 24. Oil, Gas, and Water Wells As per the "Oil, Gas and Water Wells" requirements specified in 30 TAC § 330.161 the City of Corpus Christi is required to identify the location of any known abandoned oil or water wells on site. Oil wells, gas wells, and water wells associated with support of oil and gas drilling, are known to have been drilled on the site. During the course of site development, but prior to beginning construction on the site, the Landfill Manager will: a) Provide written notification to the TCEQ of the location of all known existing or abandoned water wells, crude oil wells, natural gas wells, or other wells associated with mineral recovery, situated within the site. b) Provide written certification to the TCEQ, that all such abandoned wells have been properly capped in accordance with applicable rules and regulations of the Railroad Commission of Texas. c) Provide a demonstration to the TCEQ that all such wells which are still in use at the time of the notification will not conflict with the development of the site. The demonstration will include a schedule for abandonment and plugging of wells which are anticipated to eventually conflict with the site development. Also included will be plans for protection of such wells, if necessary, until they are abandoned and plugged. 24.1. Discovery of Water Wells during Facility Operation As the site is developed, if any water wells are encountered they should be exposed, and the casing should be cut to a minimum of 2 feet below the excavation, and the well should be capped and plugged in accordance with all applicable rules and regulations of the TCEQ, the Railroad Commission of Texas, or other applicable state agency. If water wells are located the Landfill Manager or designee must, within 30 days, provide written notification to the TCEQ's executive director of the location of any and all existing or abandoned water wells. Within 30 days of discovery, the Landfill Manager will provide written certification to the Executive Director that all such wells have been capped, plugged, and closed in accordance PART IV—SOP JULY 2013 CP&Y, Inc. 52 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 with all applicable rules and regulations of the TCEQ or other state agency. A copy of all well plugging reports and closure documentation will be submitted with the closure certification. 24.2. Discovery of Oil and Gas Wells during Facility Operations The Landfill Manager will immediately provide written notification to the Executive Director of the location of any and all existing or abandoned on-site crude oil or natural gas wells, or other wells associated with mineral recovery. The Landfill Manager will provide the Executive Director a written notification that all such wells have been properly capped, plugged, and closed in accordance with all applicable rules and regulations of the Texas Railroad Commission. A copy of the well plugging report required to be submitted to the appropriate state agency will also be submitted to the Executive Director of the TCEQ within 30 days after the well has been plugged. 25. Compaction As per the "Compaction" requirements specified in 30 TAC § 330.163, the City of Corpus Christi is required to compact the incoming waste to provide a more efficient use of available space and reduce the amount of settling after the fill is complete. Compaction will be accomplished with an adequately sized landfill garbage compactor(s) to minimize the volume of loose material and have more air space available for waste disposal operations. 25.1. Compaction of Waste during Placement of Ballast If waste is used as ballast, the Landfill Manager and/or designee will be on-site full time during the placement of the first five (5) feet of waste over the liner system. He/she will verify that this lower five (5) feet of waste does not contain large bulky items that could damage the liner system or that cannot be compacted to the required density. The Landfill Manager and/or designee will document that the waste used for ballast has been compacted. PART IV—SOP JULY 2013 CP&Y, Inc. 53 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 25.2. Compaction Near ELR Pipelines Equipment Operators will take special care not to crush or otherwise damage ELR liquids distribution pipelines that have been installed near active waste filling operations. Any damage will be immediately reported to the Landfill Manager. 26. Landfill Cover As per the "Landfill Cover" requirements specified in 30 TAC § 330.165, the City of Corpus Christi is required to apply daily cover to control disease vectors, windblown waste, odors, fires, and scavenging, and to promote runoff from the fill area. 26.1. Soil Management A stockpile or borrow source for soil cover material will be maintained on-site. The cover material will not have been previously mixed with wastes. On-site soils are suitable for cover material as well as other soils deemed appropriate by the landfill manager. The cover material should be managed so as to not interfere with vehicular traffic or impede drainage. At least a portion of this cover material should be stockpiled near the workface for potential emergency fire control. Temporary excess soil will be stockpiled in the buffer areas, on filled areas and on side slopes for future use on the site or for removal from the site. All stockpiles will be maintained in conformance with the Erosion Control Plan. Stockpiles will be oriented generally parallel to the direction of surface drainage in any given area and will not alter drainage patterns nor block the use of the buffer areas by fire and emergency equipment. 26.2. Daily Cover Daily cover of waste will be applied at least once daily to control disease vectors, windblown waste, odors, fires, scavenging, and to prevent excessive accumulation of water within the fill. Soils and alternate daily covers that include tarps or foams, or a combination of the three, will be utilized to complete the daily cover at the site. The use of Saniform (or equivalent) or polyethylene tarps as an alternative daily cover was previously approved for the Cefe F. Valenzuela Landfill. Alternate daily cover material will not be used if the landfill will be closed more than 24 hours. Quarterly PART IV—SOP JULY 2013 CP&Y, Inc. 54 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 status reports will be submitted to the TCEQ for four consecutive quarters in the event that alternative daily cover is used. 26.2.1 . 3-M Sanifoam (or equivalent) 3-M Sanifoam (or equivalent) cover will be used routinely as daily cover. 3-M Sanifoam is an air-injected, two component synthetic foam that can be sprayed onto the landfill solid waste surface to form an expanded protective foam blanket. The spray thickness will be between one (1) and two (2) inches. The applied foam "sets up" within 60 seconds to a durable solid state with consistency similar to crushable expanded polystyrene. The foam is non-toxic and non-combustible, and is biodegradable. The hardened foam is water insoluble which promotes rainfall runoff, exhibits extremely low gas permeability that prevents escape of vapors and odors, it seals the waste from flies, rodents, and other vectors, and adheres to the waste preventing litter and dust from blowing. The foam is mechanically crushed and broken up during subsequent landfill operations for unimpeded movement of methane gas and leachate in the cell. Technical data sheets and MSDS are attached for further information in Appendix IV-A. The foam is sprayed on with a machine specially designed for this product. The machine (Coverfoam Services, Inc., model PB-250-D, or equivalent) uses a spray bar system to apply an even coat of foam over the solid waste. The machine is pulled by a dozer or other tractor over the solid waste making several adjacent passes until the surface is completely covered. During periods of inclement weather (e.g., rain) where the foam may not set properly, foam operations will be suspended and the working face will be covered by the use of polyethylene tarps or soil. 26.2.2. Polyethylene Tarps Polyethylene tarp covers will also be used for daily cover. Typically these tarps will be used on small working faces (less than 200' x 200') and on slopes too steep for 3-M Sanifoam application. The tarps are fifty feet by fifty feet (50' x 50') in size and are made out of a fire retardant woven fabric which repels water. The PART IV—SOP JULY 2013 CP&Y, Inc. 55 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 taps are an effective bather against vectors, odors, and windblown litter by effectively sealing in the waste. MSDS and physical properties for the tarp materials are attached in Appendix IV-A. These tarps will be installed by landfill personnel by hand at the end of the day, Tarp installation will be such that they overlap by a minimum of one foot in such a manner so that rainfall will run off with minimal or no infiltration. Tarps will be weighted down with automobile tires along the perimeter and the center to prevent the wind from blowing them off the working face. The following morning, the tarps will be pulled off the working face by landfill personnel either by hand or using a dozer before the start of the day's operations. 26.3. Soil A well-compacted six (6) inch soil cover will be used to cover solid waste when ADC materials are not used. The soil cover will be clean and not previously mixed with waste materials. When a period of greater than 24 hours is expected to lapse before solid waste disposal will resume at a specific working face or area, soil cover will be used in lieu of ADC. A period of greater than 24 hours may occur when the site closes on a weekend, when the working face is temporarily moved to a new area, or other reasons. 26.4. Intermediate Cover The top and sides of the landfill working face will be shaped to conform to landfill operations. Intermediate cover soil will then be transported to the working face or any area that has already received daily cover, where it will be deposited near the upper end of the working face, spread, and compacted. Intermediate cover will consist of soils that have not been previously mixed with wastes and will be capable of sustaining native plant growth. All areas that receive waste and then become inactive for longer than 180 days will be covered with an additional six (6) inches of compacted cover material, for a total cover thickness of at least 12 inches. When the area is to be reused, some of this PART IV—SOP JULY 2013 CP&Y, Inc. 56 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 cover material will then be removed from use as daily cover on new areas, if it can be removed cleanly. To minimize erosion and maintain adequate control of storm water, temporary let down structures may be used on intermediate cover. The intermediate cover will be seeded or sodded following its application, and vegetation and other erosion control features will be maintained on areas that have received intermediate cover. Grading of the intermediate cover will be undertaken in a manner to prevent ponding of water. This is discussed in Section 27.0. 26.5. Final Cover over Class 1 Waste Final cover construction and maintenance will be in compliance with Attachment 12, relating Final Closure Plan in the Site Development Plan, and with Texas Administrative Code Chapter 330, Subchapter K. 26.6. Final Cover The Final Closure Plan allows for successive closure of areas of the site as they become filled to capacity. The final cover will be maintained in a manner consistent with Attachment 12 of Part HI — Final Closure Plan and the requirements of Chapter 330 Subchapter K. Closure of individual areas will be in accordance with the "Sector Fill Plan." The City will implement the plan as ongoing landfilling operations continue until the time of final closure. The surface will be managed throughout the active life of the site to minimize infiltration into the filled areas and to minimize contact with solid waste. In general, closure of completed portions of the site will consist of the following steps: 1 . Survey controls will be implemented to control the filling of solid waste to the lower level of the final cover. 2. A surveyed grid system or other suitable surveying measures will be used to control placement of the final infiltration layer. 3. Testing of the various components of the final cover system will be performed in accordance with the TCEQ regulations. PART IV—SOP JULY 2013 CP&Y, Inc. 57 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 4. During the first growing season following application of final cover system, the area will be vegetated with appropriate grasses to minimize erosion. 26.7. Cover Application Log Throughout the active life of the landfill, a cover application log will be maintained and made readily available for inspection. For intermediate cover and daily cover, the log will specify the area covered, how it was placed and when it was completed. For final cover, the log will specify the amount of cover applied over each area (thickness) and when it was applied. The cover log will be located inside the landfill office unless otherwise directed by the Landfill Manager. 27. Ponded Water As per the "Ponded Water" requirements of 30 TAC § 330.167, the City of Corpus Christi is required to prevent and control the ponding of water inside the landfill. Ponded water can be breeding grounds for vectors, and can be a source of harborage for vectors. Site grading and maintenance activities will be performed on an as needed basis to help minimize the ponding of water over waste areas. Should ponded water occur, it will be removed and depressions will be filled as soon as practicable but no later than seven (7) days after the occurrence. If the ponded water has come into contact with waste, leachate, or waste contaminated soils, the ponded water will be treated as leachate and managed in accordance with Part III of the Permit Application and Site Development Plan, Attachment 15-Leachate and Contaminated Water Plan, The Permit Application and Site Development Plan can be found in the landfill's organized document library. 27.1. Ponded Water Prevention The City will manage the working face of the landfill in a manner that reduces the potential for water collecting and ponding. This will be accomplished by maintaining the working face at sufficient grades so as to promote water running off the exposed waste or daily cover. Water that may pond at the working face will be removed using landfill equipment. Water that comes in contact with waste will be treated as PART IV—SOP JULY 2013 CP&Y, Inc. 58 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 contaminated water and disposed of accordingly. Water that may pond in areas where it does not come in contact with waste will be treated as storm water. 27.2. Routine Inspections to Identify Potential Ponding Locations Following major storm events, the City will undertake an assessment of the site to identify areas of potential or actual ponding. In addition, the City conducts at least monthly reviews of the entire site to identify possible depressions as locations of possible future ponding. City crews will be directed to these locations to re-grade areas to reduce the potential for future ponding. Directives to fill and re-grade potential ponding locations will be undertaken as soon as practical after they have been identified. Ponded water that occurs in the active portion of the landfill will be eliminated and the area in which the ponding occurred will be filled in and regarded within seven days of detection. During extremely wet conditions, or periods of extended storms, disposal activities will be limited to the wet weather area. Priorities for staff during these periods are to maintain access into and out of the site and provide disposal services as efficiently as possible. Within 7 days of extended wet weather conditions, the City will evaluate the site to identify areas where ponding has occurred and will take corrective actions to reduce ponding in areas of the working face and closed areas. 27.3. Preventing Ponding of Surface Applied ELR Liquids Landfill staff will take special care to prevent ponding of leachate and other allowable liquids recirculated by means of surface application. Specifically, they will apply liquids to the surface in such a way as to ensure immediate infiltration into the waste mass. Any surface-applied liquids that remain in puddles at the end of a day will be pushed into the waste with a bulldozer. 27.4. Record Keeping As a part of the overall site review, records will be maintained to identify areas where ponding has occurred. Documentation of work completed will also be placed in the site's file. PART IV—SOP JULY 2013 CP&Y, Inc. 59 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 28. Disposal of Special Wastes As per the "Disposal of Special Wastes" requirements specified in 30 TAC § 330.171, the City of Corpus Christi is required to handle special wastes in a manner consistent with TCEQ regulations. The definition of special waste can be found in 30 TAC § 330.3, which states that special wastes are wastes that because of their quantity, concentration, or physical, chemical, or biological properties require special handling and disposal to protect human health or the environment. The facility will handle special waste according to the following guidelines. 28.1. Protocol for Disposal of Special Waste If a generator wishes to dispose of a special waste at Cefe F. Valenzuela Landfill, the generator must submit to the Landfill Manager a completed City of Corpus Christi Generator's Waste Profile Sheet (GWPS) in order to provide a complete profile for the special waste. The City of Corpus Christi will determine if the special waste falls in the category of special wastes that do not require further disposal authorization from TCEQ, or if the waste falls in the category of special wastes that do require special disposal authorization from TCEQ. If the special waste falls in the category of special wastes that do not require special disposal authorization from TCEQ, then the special waste will be further evaluated using the criteria established for special wastes. If the special waste meets all the conditions mentioned previously, then the special waste will be considered "acceptable for disposal." If the special waste falls in the category of special wastes that do require special disposal authorization from TCEQ, then the generator or its designee will be responsible for obtaining special disposal authorization from TCEQ. The Landfill Manager will reserve the right to accept or reject any special waste load, even if the special waste load is deemed acceptable, if at any point he feels that the facility could potentially experience a negative impact from the acceptance of the special waste load. PART IV—SOP JULY 2013 CP&Y, Inc. 60 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 28.2. Special Wastes That Do Not Require Special Waste Disposal Authorization from TCEQ According to 30 TAC § 330.171(c) the following special wastes do not require written authorization for acceptance provided that the waste is handled in accordance with the noted provisions for each waste. a) Special Waste from Health Care Related Facilities Special wastes from health care related facilities which have been previously treated in accordance with the procedures specified in 30 TAC § 330 Subchapter Y (relating to Medical Waste Management) may be accepted. b) Dead Animals and/or Slaughterhouse Waste Dead animals and/or slaughterhouse waste may be accepted at without further approval from the TCEQ provided that the carcasses and/or slaughterhouse waste are covered by three feet of other solid waste or at least two feet of earthen material immediately upon receipt. c) Regulated Asbestos-Containing Materials (RACM) RACM may be accepted at the facility in accordance with TAC § 330.171(0(3) and as authorized in the original permit. Prior to initial receipt of RACM at this facility, the Landfill Manager will dedicate a specific area(s) of the landfill for receipt of RACM and notify the TCEQ in writing of the designated area(s). The Landfill Manager will also prepare a contingency plan in case of ruptured bags and designate appropriate personnel for implementation of the contingency plan. As the operation continues, the Landfill Manager will notify the TCEQ in writing of any new dedicated areas for RACM. Each load of RACM that arrives on-site will be documented. This documentation will include the volume of material, and the location and depth of its disposal. RACM disposal locations will be identified by survey (Registered Professional Land Surveyor) and identified on a current site drawing at the site. Delivery of RACM will be coordinated with the Landfill Manager so that the waste will arrive during times that it can be properly managed by site personnel. RACM will be PART IV—SOP JULY 2013 CP&Y, Inc. 61 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 accepted at the site only if it is contained in tightly closed containers or bags, or wrapped as necessary with 6-mil thick polyethylene. RACM will be placed in landfill units such that it will not be exposed as a result of erosion or weathering. When possible this will be achieved by placing the RACM below the natural grade. At a minimum, the RACM will be placed at least 20 feet away from exterior final sideslopes, and at least 10 feet below final grade. During unloading and placement of RACM in the waste fill, care will be exercised to prevent breaking open the bags or containers. One foot of soil cover or 3-feet of asbestos- free municipal solid waste will be placed over the RACM immediately after it is placed in the landfill unit. RACM that has been designated as Class I industrial solid waste, and that arrives at the facility will be disposed of in accordance with TAC § 330.173(g)-(i) or in accordance with this section of the Site Operating Plan. Upon closure of the facility, a notation indicating that the site accepted RACM will be placed in the deed record. This notation will indicate where the RACM was disposed of on the property by showing its location on a site diagram. A copy of this documentation will be provided to the TCEQ. d) Non-regulated Asbestos-Containing Materials (non-RACM) Non-regulated asbestos containing materials (non-RACM) may be accepted for disposal provided the wastes are placed on the active working face and covered in accordance with the requirements of 30 TAC § 330 (relating to Municipal Solid Wastes). Under no circumstances may any material containing non-RACM be placed on any surface or roadway which is subject to vehicular traffic or disposed of by any other means by which the material could be crumbled into a friable state. e) Empty Containers which have been used for Pesticides, Herbicides, Fungicides, or Rodenticides Empty containers which have been used for pesticides, herbicides, fungicides, or rodenticides must be disposed of in accordance with the provisions mentioned below. PART IV—SOP JULY 2013 CP&Y, Inc. 62 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 These containers may be disposed of provided that the following 3 conditions are met: • The containers are triple-rinsed prior to receipt at the landfill • The containers are rendered unusable prior to or upon receipt at the landfill; and • The containers are covered by the end of the same working day they are received. Those containers for which triple-rinsing is not feasible or practical (e.g. paper bag, cardboard containers) may be disposed of under the provisions of 30 TAC §330.171(c)(5). f) Municipal Hazardous Waste from Conditionally Exempt Small Quantity Generators (CESQG) Municipal hazardous waste from a conditionally exempt small quantity generator (CESQG) may be accepted at a Type I municipal solid waste landfill without further approval from the executive director provided the amount of waste does not exceed 220 pounds (100 kilograms) per month per generator, and provided the landfill owner or operator authorizes acceptance of the waste. g) Sludge, Grease Trap Waste, Grit Trap Waste, or Liquid Waste from Municipal Sources Sludge, grease trap waste, grit trap waste, or liquid wastes from municipal sources can be accepted at Type I municipal solid waste landfill for disposal only if the material has been, or is to be, treated or processed and the treated/processed material has been tested, in accordance with Test Method 9095 (Paint Filter Liquids Test), as described in "Test Methods for Evaluating Solid Wastes, Physical/chemical Methods" (EPA Publication Number SW-846), as amended, and is certified to contain no free liquids. Prior to treatment or processing of this waste at the landfill, the owner or operator shall submit written notification to the executive director of the liquids processing activity as required in 30 TAC § 330.11 . PART IV—SOP JULY 2013 CP&Y, Inc. 63 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 28.3. Special Wastes That Require Special Waste Disposal Authorization from TCEQ Special wastes that are not specifically identified in 30 TAC § 330.171(c) require prior written authorization by the TCEQ for disposal. If the special wastes are not specifically addressed in Section 28.2 of this SOP then the generator of the special waste will be required to request written authorization from TCEQ prior to disposal. Additionally, the generator of the special waste will be required to complete the City of Corpus Christi Waste Profile Sheet prior to disposal, 28.4. Special Waste Prohibited for Disposal in any MSW Landfill The following special wastes will not be accepted for disposal at any MSW facility: • Used-oil filters from internal combustion engines • Lead acid storage batteries 29. Disposal of Industrial Wastes As per the "Disposal of Industrial Wastes" requirements of 30 TAC § 330.173, the City of Corpus Christi is required to address the types of Non-Hazardous Industrial Wastes that are acceptable for disposal at Cefe Valenzuela Landfill. Industrial Wastes are defined in 30 TAC § 330.3 as solid wastes resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operations. 29.1. Protocol for Disposal of Industrial Waste If an industrial generator wishes to dispose of waste at Cefe F. Valenzuela, the industrial generator will first classify the waste and submit a completed Waste Profile Sheet to the City of Corpus Christi for evaluation. The City of Corpus Christi will determine if the classification performed by the industrial waste generator seeking disposal authorization is consistent with the waste classification criteria in §330.3 (Definitions) and Chapter 335, Subchapter R. Wastes should be classified by generator prior to delivery to the landfill. The City of Corpus Christi will determine if the waste is a Class 1 , 2, or 3 Industrial Waste. The Cefe F. Valenzuela Landfill is permitted to accept Class 1 , 2, and 3 Non-Hazardous Industrial Wastes. PART IV—SOP JULY 2013 CP&Y, Inc. 64 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 Disposal of Class 1 Non-Hazardous Industrial Solid Wastes will be accomplished in accordance with the requirements of 30 TAC§ 330,173. The phrase "dedicated trench" as used in the regulations means the specific area in which Class 1 waste is placed for disposal. All shipments of Class 1 waste will be accompanied by a manifest (waste-shipping control ticket) as required by the commission. The Landfill Manager will sign the manifest for any authorized shipments of Class 1 waste. The Landfill Manager will not accept or sign for shipments of Class I waste for which the authorization to accept has not been granted by the executive director • or has not been authorized by permit provisions. The landfill will retain the disposal facility copy of the manifest for a period of three years. This time period is automatically extended if any enforcement action involving the City or the landfill is initiated or pending by the executive director. When the landfill accepts any Class I waste, a written report of Class 1 waste received will be submitted to the executive director. This report will be submitted no later than the 25th day of the month following the month that the waste was received. Reports will be submitted on forms provided by the TCEQ and will include all the required information. Monthly reports regarding acceptance of Class 1 waste will be submitted, including those months in which no Class 1 waste is received at the landfill unless an exception is granted by the executive director. While Class 1 Non-Hazardous Industrial Solid Waste will be placed only in dedicated areas, specific dedicated areas have not been identified at this time. All permitted disposal areas that are below the elevation of the surrounding natural grade may be dedicated to Class 1 waste disposal. However, specific areas to be dedicated to Class 1 waste disposal will be identified as the site is developed. When new dedicated areas for Class 1 waste are identified, site drawings will be modified as appropriate. Modified site drawings will be submitted to the TCEQ for review and approval. Areas dedicated to Class I waste disposal will be constructed in accordance with the requirements as discussed in Part III of the Permit Application and Site Development Plan, Attachment 10 Soil and Liner Quality Control Plan. PART IV—SOP JULY 2013 CP&Y, Inc. 65 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 The volume of Class 1 Non-Hazardous waste disposed at the site in any one year will not exceed 20 percent of the total amount of waste (not including Class I wastes) accepted during the same or previous year of operation. Wastes which are Class 1 Non-Hazardous Industrial Solid Wastes only because of asbestos content may be accepted at the facility in accordance with the requirements of 30 TAC § 330.171 . Class 2 and 3 Non-Hazardous Industrial Solid Wastes, except special wastes as defined in §330.3, will be accepted for disposal at any point in time provided they can be managed with regular MSW in any available disposal area and will not interfere with facility operation. 29.2. Class 1 Non-Hazardous Industrial Wastes A Class 1 Non-Hazardous Industrial Waste is any industrial solid waste or mixture of industrial solid wastes that because of its concentration or physical or chemical characteristics is toxic, corrosive, flammable, a strong sensitizer or irritant, a generator of sudden pressure by decomposition, heat, or other means, and may pose a substantial present or potential danger to human health or the environment when improperly processed, stored, transported, or otherwise managed as defined in 30 TAC §335.505 (relating to Class 1 Waste Determination). 29.3. Class 2 Non-Hazardous Industrial Wastes A Class 2 Non-Hazardous Industrial Waste is any individual solid waste or combination of industrial solid wastes that cannot be described as hazardous, Class 1 , or Class 3 Non-Hazardous Industrial Wastes, as defined in 30 TAC § 335.506 (relating to Class 2 Waste Determination). 29.4. Class 3 Non-Hazardous Industrial Wastes A Class 3 Non-Hazardous Industrial Wastes is any inert and essentially insoluble industrial solid waste, including materials such as rock, brick, dirt, and certain plastics and rubber, etc., that are not readily decomposable as defined in 30 TAC § 335.507 (relating to Class 3 Waste Determination). PART IV—SOP JULY 2013 CP&Y, Inc. 66 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 30. Visual Screening of Deposited Wastes The development of the disposal sectors or cells is perforated in such a way as to minimize the visual appearance of waste disposal operations from beyond the property border. Disposal operations take place in different sectors or cells depending on the circumstances and weather conditions. All disposal operations are conducted in accordance with the following sections of this SOP to minimize the visual impact of waste disposal operations: • Section 26 (relating to Landfill Cover) • Section 25 (relating to Compaction) • Section 21 (relating to Salvaging and Scavenging) • Section 19 (relating to Disease Vector Control) • Section 13 (relating to Control of Windblown Solid Waste and Litter) • Section 10 (relating to Unloading of Waste) Unless otherwise indicated by the TCEQ, the City of Corpus Christi will continue performing operations as usual observing the sections mentioned above and implementing good housekeeping practices as necessary. Visual screening of waste disposal activities will be accomplished primarily by: • Vegetative screening on outer perimeter of the landfill area, and • Vegetative screening along eastern side of the entrance road. Visual screening will be developed in general accordance with the Fill Sequence plans in Attachment 1 of the Site Development Plan. Vegetation will consist of appropriate trees, shrubs, and grasses recommended for the Corpus Christi area by the USDA or the Texas Forestry Service. 31. Operational Standards for Class 1 Waste Management Class 1 industrial solid waste will not be accepted and disposed of at this landfill unless compliance with §330.179 is achieved and maintained. PART IV—SOP JULY 2013 CP&Y, Inc. 67 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 31 .1. General Inspection Requirements In accordance with §335.585 and §330.179(a)(1), the City or its operator will inspect the landfill for compliance with the site operating plan and will develop and follow a written schedule for inspecting monitoring equipment, safety and emergency equipment, and operating and structural equipment (such as dikes and sump pumps) that are important to preventing, detecting, or responding to environmental or human health hazards. The schedule will be maintained at the landfill office and will identify the types of problems (e.g., malfunctions or deterioration) that are to be looked for during the inspection (e.g., inoperative sump pump, leaking fitting, or eroding dike). This schedule will be updated to reflect the types of Class I Industrial Waste to be accepted at the landfill. The frequency of inspection may vary for the items on the schedule. However, the frequency will be based on the rate of deterioration of the equipments and the probability of an environmental or human health incident if the deterioration, malfunction, or any operator error goes undetected between inspections. Areas subject to spills, such as loading and unloading areas, will be inspected daily when in use. At a minimum, the inspection schedule must include the items and frequencies required in 40 Code of Federal Regulations §264.303 for hazardous waste landfills. The City or its operator will remedy any deterioration or malfunction of equipment or structures that the inspection reveals on a schedule that ensures that the problem does not lead to an environmental or human health hazard. Where a hazard is imminent or has already occurred, remedial action will be taken immediately. The City or its operator will record inspections in an inspection log or summary, and retain these records in accordance with the requirements of §335.113(d) (relating to Reporting of Emergency Situations by Emergency Coordinator). At a minimum, these records will include the date and time of the inspection, the name of the inspector, a notation of the observations made, and the date and nature of any repairs or other remedial actions. PART IV—SOP JULY 2013 CP&Y, Inc. 68 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 31 .2. Personnel Training In accordance with §335.586 and §330.179(a)(2), landfill personnel must successfully complete a program of classroom instruction or on-the-job training that teaches them to perform their duties in a way that ensures the facility's compliance with the requirements of §335, Subchapter T. The City will ensure that this program includes all the elements described in the document required under subsection §335.586(d)(3). This program will be directed by a person trained in waste management procedures, and will include instruction that teaches landfill personnel waste management procedures (including contingency plan implementation) relevant to the positions in which they are employed. At a minimum, the training program will be designed to ensure that landfill personnel are able to respond effectively to emergencies by familiarizing them with emergency procedures, emergency equipment, and emergency systems, including, where applicable: • procedures for using, inspecting, repairing, and replacing facility emergency and monitoring equipment; • communications or alarm systems; • response to fires or explosions; • response to ground-water contamination incidents; and • shutdown of operations. Landfill personnel must successfully complete the program required in §335.586(a) within six months after the date of their employment or assignment to the landfill. Employees will not work in unsupervised positions until they have completed the training requirements of §335.586(a). Landfill personnel must take part in an annual review of the initial training required to ensure that ongoing training needs are addressed and maintained. The owner or operator must maintain the following documents and records at the facility: • The job title for each position at the facility related to waste management, and the name of the employee filling each job; PART IV—SOP JULY 2013 CP&Y, Inc. 69 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 • A written job description for each position listed above. This description may be consistent in its degree of specificity with descriptions for other similar positions in the same company location, but must include the requisite skill, education, or other qualifications, and duties of employees assigned to each position; • A written description of the type and amount of both introductory and continuing training that will be given to each person filling a position listed above-land • Records that document that the training or job experience required has been given to, and completed by, landfill personnel. Training records on current landfill personnel will be kept until closure of the facility and training records on former employees will be kept for at least three years from the date the employee last worked at the facility. Landfill personnel training records may accompany personnel transferred within the same company. 31 .3. Waste Analysis In accordance with §335.587 and §330.179(a)(3), the following waste analysis requirements apply to the landfill: • Before treating, storing, or disposing of any waste, the City will obtain a chemical and physical analysis of a representative sample of the waste. At a minimum, the analysis will contain all the information that must be known to treat, store, or dispose of the waste in accordance with §335, Subchapter T. o A waste generator's studies conducted on waste generated from processes similar to that which generated the waste to be managed at the facility may be included in the data base required. o The City may arrange for the generator of the waste to supply the information required by §335.587(a)(1). If the generator does not supply the information, and the City chooses to accept a waste, City will be responsible for obtaining the information required to comply with the regulations. PART IV—SOP JULY 2013 CP&Y, Inc. 70 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 • The analysis may include data developed under §335, Subchapter R (relating to Waste Classification), and existing published or documented data on a waste or on such waste generated from similar processes. • The analysis must be repeated as necessary to ensure that it is accurate and up-to-date. At a minimum, the analysis must be repeated: o when the owner or operator is notified, or has reason to believe, that the process or operation generating the waste has changed; and o when the results of the inspection required in §335.587(a)(4) of this subsection indicate that the waste received at the landfill does not match the waste designated on the accompanying manifest or shipping paper. • The City will inspect and, if necessary, analyze each waste received at the landfill to determine whether it matches the identity of the waste specified on the accompanying manifest or shipping paper. The City will develop and follow a written waste analysis plan that describes the procedures which the City will carry out to comply with the regulations. This plan will be submitted to the TCEQ and will be kept at the landfill office. The plan will specify: • the parameters for which each waste will be analyzed and the rationale for the selection of these parameters (i.e., how analysis for these parameters will provide sufficient information on the waste's properties); • the test methods which will be used to test for these parameters; and • the sampling method that will be used to obtain a representative sample of the waste to be analyzed. A representative sample may be obtained using either one of the sampling methods described in Appendix I of Title 40 Code of Federal Regulations Part 261 or an equivalent sampling method approved by the executive director; • the frequency with which the initial analysis of the waste will be reviewed or repeated to ensure that the analysis is accurate and up-to-date; PART IV—SOP JULY 2013 CP&Y, Inc. 71 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 • the waste analyses that waste generators have agreed to supply; and • where applicable, the methods that will be used to meet any additional waste analysis requirements in §335.588 (relating to General Requirements for Ignitable, Reactive, or Incompatible Wastes). This plan will be developed when Class 1 wastes are proposed for disposal and will be updated as needed to meet the specific needs of the individual Class 1 wastes. 31 .4. Ignitable, Reactive, or Incompatible Wastes In accordance with §335.588 and §330.179(a)(4), the City will take precautions to prevent accidental ignition or reaction of wastes that are ignitable or reactive as defined in §335.505 (relating to Class I Waste Determination). This waste will be separated and protected from sources of ignition or reaction including, but not limited to: open flames, smoking, cutting and welding, hot surfaces, frictional heat, sparks (static, electrical, or mechanical), spontaneous ignition (e.g., from heat-producing chemical reactions), and radiant heat. While ignitable or reactive waste is being handled, the owner or operator shall confine smoking and open flame to specially designated locations. "No Smoking" signs must be conspicuously placed wherever there is a hazard from ignitable or reactive waste. The landfill may dispose ignitable or reactive waste, or mix incompatible waste or incompatible wastes and other materials, therefore requiring the landfill to take precautions to prevent reactions which: • generate extreme heat or pressure, fire or explosions, or violent reactions; • produce uncontrolled toxic mists, fumes, dusts, or gases in sufficient quantities to threaten human health or the environment; • produce uncontrolled flammable fumes or gases in sufficient quantities to pose a risk of fire or explosions; • damage the structural integrity of the device or facility; or • through other like means threaten human health or the environment. PART IV—SOP JULY 2013 CP&Y, Inc. 72 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 When the above-mentioned conditions apply, the City will document compliance with §335.588(a) and (b). This documentation may be based on references to published scientific or engineering literature, data from trial tests (e.g., bench scale or pilot scale tests), waste analyses as specified in §335.587 (relating to Waste Analysis), or the results of the treatment of similar wastes by similar treatment processes and under similar operating conditions. 31 .5. Contingency Plan In accordance with §335.589 and §330.179(a)(5), the City has developed a contingency plan for the landfill. The contingency plan is designed to minimize hazards to human health or the environment from fires, explosions, or any unplanned sudden or non-sudden release of waste or constituents of such waste to air, soil, or surface water. The contingency plan will be submitted to the executive director with the permit application and, after modification or approval, will become a condition of any permit issued. The provisions of the plan will be carried out immediately whenever there is a fire, explosion, or release of waste or constituents of such waste that could threaten human health or the environment. The contingency plan describes the actions landfill personnel will take to comply with §335.589(a) and (f) in response to fires, explosions, or any unplanned sudden or non-sudden release of waste or constituents of such waste to air, soil, or surface water at the landfill. Also included are arrangements agreed to by local police departments, fire departments, hospitals, contractors, and state and local emergency response teams to coordinate emergency services. The City will maintain a list of names, addresses, and phone numbers (office and home) of all persons qualified to act as emergency coordinator, and this list must be kept up-to- date and at the landfill. A list of all emergency equipment will be kept at the facility (such as fire extinguishing systems, spill control equipment, communications and alarm systems, and decontamination equipment), where this equipment is required. This list must be kept up-to-date. In addition, the plan must include the location and a physical description of each item on the list, and a brief outline of its capabilities. PART IV—SOP JULY 2013 CP&Y, Inc. 73 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 The plan includes an evacuation plan for landfill personnel in the event that evacuation is necessary. This plan describes signals to be used to begin evacuation, evacuation routes, and alternate evacuation routes in case the primary route is blocked by releases of waste or fires. A copy of the contingency plan and all revisions to the plan must be maintained at the landfill and submitted to all local police departments, fire departments, hospitals, and state and local emergency response teams that may be called upon to provide emergency services. The contingency plan will be reviewed and updated, if necessary, whenever: • the landfill permit is revised; • the plan fails in an emergency; • the landfill changes in its design, construction, operation, maintenance, or other circumstances in a way that materially increases the potential for fires, explosions, or releases of waste or constituents of such waste, or changes the response necessary in an emergency; or • the list of emergency equipment changes. At all times Class 1 waste is accepted for disposal, there must be at least one employee either on the landfill property or on call (i.e., available to respond to an emergency by reaching the facility within a short period of time) with the responsibility for coordinating all emergency response measures. This emergency coordinator will be thoroughly familiar with all aspects of the landfill's contingency plan, all operations and activities at the landfill, the location of all records at the landfill, and the landfill layout. In addition, this person will have the authority to commit the resources needed to carry out the contingency plan. Whenever there is an imminent or actual emergency situation, the emergency coordinator (or his designee when the emergency coordinator is on call) will immediately activate facility alarms or communication systems, where applicable, to notify all facility personnel and notify appropriate state or local agencies with designated response roles if their help is needed. Whenever there is a release, fire, PART IV—SOP JULY 2013 CP&Y, Inc. 74 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 or explosion, the emergency coordinator will immediately identify the character, exact source, amount, and areal extent of any released materials. The emergency coordinator may do this by observation or review of facility records or manifests, and, if necessary, by chemical analysis. Concurrently, the emergency coordinator will assess possible hazards to human health or the environment that may result from the release, fire, or explosion. This assessment will consider both direct and indirect effects of the release, fire, or explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are generated, or the effects of any waste surface water run-off from water or chemical agents used to control fire and heat- induced explosions). If the emergency coordinator determines that the landfill has had a release, fire, or explosion that could threaten human health, or the environment, outside the landfill property boundary and if the emergency coordinator's assessment indicates that evacuation of local areas may be advisable, the emergency coordinator will immediately notify appropriate local authorities, and must be available to help appropriate officials decide whether local areas should be evacuated. The emergency coordinator will immediately notify either the government official designated as the on-scene coordinator for that geographical area, (in the applicable regional contingency plan under 40 CFR Part 1510) or the National Response Center (using their 24-hour toll free number 1-800-424-8802). The report will include: • name and telephone number of reporter; • name and address of facility; • time and type of incident (e.g., release, fire); • name and quantity of material(s) involved, to the extent known; • the extent of injuries, if any; and • the possible hazards to human health, or the environment, outside the facility. During an emergency, the emergency coordinator will take all reasonable measures necessary to ensure that fires, explosions, and releases do not occur, recur, or PART IV—SOP JULY 2013 CP&Y, Inc. 75 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 spread to other waste at the landfill. These measures include, where applicable, stopping processes and operations, collecting and containing release waste, and removing or isolating containers. If the facility stops operations in response to a fire, explosion, or release, the emergency coordinator shall monitor for leaks, pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment, wherever this is appropriate. Immediately after an emergency, the emergency coordinator will provide for treating, storing, or disposing of recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the landfill. The City will classify all recovered waste, contaminated soil or surface water, or any other material that results from a release, fire, or explosion at the facility in accordance with §335, Subchapter R (relating to Waste Classification) and in accordance with all applicable requirements of §335, Subchapter A (relating to Industrial Solid Waste and Municipal Hazardous Waste in General). The City will notify the executive director, and other appropriate state and local authorities, that the landfill is in compliance before operations are resumed in the affected area(s) of the landfill. The emergency coordinator will ensure that in the affected area(s) of the landfill: • no waste that may be incompatible with the released material is treated, stored, or disposed of until cleanup procedures are completed; and • all emergency equipment listed in the contingency plan is cleaned and fit for its intended use before operations are resumed. The City will note in the operating record the time, date, and details of any incident that requires implementing the contingency plan. Within 15 days after the incident, the City will submit a written report on the incident to the executive director. The report must include: • name, address, and telephone number of the City's representative; • name, address, and telephone number of the landfill; • date, time, and type of incident (e.g., fire, explosion); PART IV—SOP JULY 2013 CP&Y, Inc. 76 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 • name and quantity of material(s) involved; • the extent of injuries, if any; • an assessment of actual or potential hazards to human health or the environment, where this is applicable; and • estimated quantity and disposition of recovered material that resulted from the incident. 31 .6. Operational and Design Standards In accordance with §335.590(25) and §330.179(a)(6), hazardous waste from a conditionally exempt small quantity generator as defined in §335.78(a) (relating to Special Requirements for Hazardous Waste Generated by Conditionally Exempt Small Quantity Generators), may be accepted for disposal at the Cefe F. Valenzuela Landfill, provided the amount of hazardous waste accepted from each conditionally exempt small quantity generator does not exceed 220 pounds (100 kilograms) a calendar month, and provided the City is willing to accept the hazardous waste. In accordance with §330.179(b), nonhazardous industrial waste may be placed above natural grade provided that the conditions in §335.590(24)(F)(i)-(vi) of this title are met, except as provided in §335.590(24)(F)(vii). 32. Enhanced Leachate Recirculation The Cefe F. Valenzuela Landfill practices Enhanced Leachate Recirculation (ELR). ELR includes recirculation of leachate and gas condensate back into the active landfill waste mass, as well as introduction of other allowable liquids, with the goal of elevating moisture content to more effectively manage waste in the long term. Appendix IV-E to this SOP is the Enhanced Leachate Recirculation Operating Plan (ELROP), which contains details of implementation and operation of the ELR systems, including • Appropriate Infrastructure; • Allowable Liquids; • Required Personnel; PART IV—SOP JULY 2013 CP&Y, Inc. 77 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F.VALENZUELA LANDFILL PERMIT NO.:2269 • Standard Operational Procedures; • Regular Monitoring; • Thorough Recordkeeping; • Accurate Reporting; • Safety Measures; and • Contingency Plans. PART IV—SOP JULY 2013 CP&Y, Inc. 78 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL CEFE F. VALENZUELA LANDFILL CITY OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS NUECES COUNTY APPENDIX IV-E ENHANCED LEACHATE RECIRCULATION OPERATING PLAN TEXAS COMMISSION ON ENVIRONMENTAL QUALITY MSW PERMIT NO.: 2269 Applicant: CITY OF CORPUS CHRISTI SOLID WASTE SERVICES DEPARTMENT 2525 HYGEIA STREET CORPUS CHRISTI, TEXAS 78415 JULY 2013 A0* �fj �....:........ ..� FRANK E. PUGSLEY ........... ................:..../ 1��� C 984600 Prepared by: .�OW/ CP&Y Inc. 1820 Regal Row Dallas, Texas 75235 Firm No. F-1741 7129120 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL APPENDIX IV-E ENHANCED LEACHATE RECIRCULATION PLAN CITY OF CORPUS CHRISTI—CEFE F. VALENZUELA LANDFILL TABLE OF CONTENTS 1. ELR Introductory Items ......................................................................................... 5 1.1. ELR Defined....................................................................................................... 5 1.2. ELR Management Plan ...................................................................................... 6 1.3. Allowable ELR Liquids ....................................................................................... 6 1.4. Definitions .......................................................................................................... 7 2. Generalized ELR Process......................................................................................7 3. Preparatory Analysis and Design.........................................................................8 3.1. Leachate Production .......................................................................................... 8 3.2. Leachate Quality ................................................................................................ 8 3.3. Head on the Liner............................................................................................... 9 3.4. Landfill Gas Production Rates............................................................................ 9 4. ELR Infrastructure..................................................................................................9 4.1. Existing Conditions............................................................................................. 9 4.2. Recirculation Laterals (RLs)............................................................................... 9 4.3. Permeable Beds (PBs)..................................................................................... 10 4.4. Vertical Injection Wells (VIWs) ......................................................................... 12 4.5. Recirculation Manifolds (RMs) and Forcemains............................................... 12 4.6. Infrastructure ID Codes.................................................................................... 12 4.7. Infrastructure Inspections................................................................................. 13 5. ELR Personnel...................................................................................................... 13 5.1. ELR Management ................................................... .�����»�� 13 g �...�F�x.................... 5.2. ELR Operation ................................................... P::- �q 000 5.3. ELR Recordkeeping........................................ * . *��............. 13 X FRANK E. PUGSLEY 5.4. ELR Inspection................................................ .. ;............ 14 a.e::::••98460'....'° / = ia ..............5.5. ELR Maintenance............................................. 14 E NS 5.6. Training of ELR Personnel ................................t....lQ/QNAL G��� 6. ELR Operational Procedures .................. ......... 15 6.1. Recirculation Lateral Dosing ............................... 712912013 ................... 15 APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 1 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF �MO CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL 'PIC) �P' e..,...•, v �9��� 6.2. Permeable Bed Dosing CRANK E,P ...... ;101 16 6.3. Vertical In ection Well Dosin �° .. 98460 16 Jg................................1 ..©. E1 ....... .o ........... ENS 6.4. Surface Application ................................................t��ljsso�Ao 7. ELR Monitoring ............................................ ..... 18 7.1. Monitoring ................................................ 7f29f2 13 . ..... 18 7.1.1. Waste Settlement ...................................................................................... 18 7.1.2. Airspace Utilization Factor......................................................................... 18 7.1.3. Waste Moisture Content ............................................................................ 19 7.2. Liquids Monitoring............................................................................................ 20 7.2.1. Leachate Generation ................................................................................. 20 7.2.2. Leachate Level on Liner ............................................................................ 21 7.2.3. Precipitation............................................................................................... 21 7.2.4. Volume of Liquids Recirculated ................................................................. 21 7.3. Landfill Gas Monitoring .................................................................................... 22 7.3.1. Gas Parameters ........................................................................................ 22 8. ELR Recordkeeping............................................................................................. 23 9. ELR Reporting...................................................................................................... 23 10. ELR Safety Measures........................................................................................... 23 11. ELR Contingency Action Plan............................................................................. 23 11.1. Events Leading to Contingency Actions........................................................ 24 11.2. Contingency Action Procedures.................................................................... 24 11.2.1. Identify the Problem(s) ........................................................................... 25 11.2.2. Evaluate Potential Remedies ................................................................. 25 11.2.3. Develop an Event-Specific CAP............................................................. 25 11.2.4. Implement Remedial Actions.................................................................. 26 11.2.5. Notify Regulatory Agencies & Follow-up Internally................................. 26 11.3. Event Specific Remedial Actions .................................................................. 27 11.3.1. Infrastructure Damage from Motor Vehicle............................................. 27 11.3.2. Leachate Seep ....................................................................................... 27 11.3.3. Leachate Pump Failure .......................................................................... 28 11.3.4. Leachate Spill......................................................................................... 28 APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 2 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL 11.3.5. Impending Tank or Pond Overflow......................................................... 29 11.3.6. Cover Erosion Damage.......................................................................... 29 11.3.7. Cover Integrity Failure ............................................................................ 29 11.3.8. Unexpected Decrease in Recovered Leachate Flow.............................. 30 11.3.9. Increase in Leachate Head Over Liner................................................... 30 11.3.10. Significant Change in Leachate Chemistry ......................................... 31 TABLES 7-1 Solid Waste Monitoring Schedule................................................................... 20 7-2 Liquids Monitoring Schedule .......................................................................... 22 7-3 Typical Gas Monitoring Schedule................................................................... 22 APPENDICES ����P�E.........TFC 1��} APPENDIX IV-E-1 — MSW MOISTURE TABLESAy* * "I .. ?� APPENDIX IV-E-2 — MSW MOISTURE CALCULATIONS ............•• ...... `f FRANK F. PUGSLFY r....:............................i ATTACHMENTS r��� <98460 � NONE 1jS/0N AL`��� 7/29/2013 APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 3 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL PAGE INTENTIONALLY LEFT BLANK APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 4 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL 1. ELR Introductory Items Following the lead of several other landfills around Texas that have successfully implemented Enhanced Leachate Recirculation (ELR), the City of Corpus Christi will conduct ELR at its Cefe F. Valenzuela Landfill ("Landfill'). This Plan provides information regarding the implementation of ELR at the Landfill. 1 .1 . ELR Defined Many landfills in Texas recirculate leachate and/or landfill gas condensate back into the waste mass in accordance with Texas law which allows such activity in a landfill unit with a composite liner and leachate collection system (LCS). Specifically, Section 177 of Chapter 330 of Title 30 of the Texas Administrative Code [30TAC330.177] allows recirculation as long as the landfill operator includes the procedures in the Site Operating Plan (SOP). The Cefe F. Valenzuela Landfill is among those landfills in Texas authorized to recirculate leachate into cells with composite liner and LCS. Several landfills in Texas have taken an additional step, gaining authorization to inject specific additional liquids into the waste mass. This so called "Enhanced" Leachate Recirculation or ELR seeks to elevate the moisture content (up to a limit of 40% by weight) of the MSW to accelerate anaerobic biodegradation of the material. Studies have shown that doing so results in several short- and long-term benefits at landfills and the surrounding communities, including • Accelerated rate of waste stabilization, • Reduced leachate storage and volume within the waste, • Improved leachate quality, • Accelerated landfill settlement prior to final closure, • Increased LFG generation rate, and • Reduced leachate treatment costs, including avoidance of transport to distant Publicly Owned Treatment Works (POTWs). APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 5 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL 1 .2. ELR Management Plan Safe and effective implementation of ELR at the Landfill requires well-documented consideration of several aspects of the operations, including • Appropriate Infrastructure; • Knowledgeable Personnel; • Standard Operational Procedures; • Regular Monitoring; • Thorough Recordkeeping; • Accurate Reporting; • Safety Measures; and • Contingency Planning. This ELR Management Plan (Plan) outlines the background, design, operation, and monitoring programs for the ELR Landfill system at the Landfill. The plan also describes the proposed sampling and analysis of leachate, safety procedures, reporting requirements and operation associated with leachate management at the Landfill, and includes a contingency plan to address system malfunctions. 1 .3. Allowable ELR Liquids ELR Landfills have successfully introduced a wide variety of liquids into the waste mass, including leachate, gas condensate, clean storm water & groundwater, effluents from wastewater treatment plants & grease and grit trap processing facilities, etc. At the Cefe F. Valenzuela Landfill, the City of Corpus Christi will recirculate and inject • Leachate from the Landfill itself; • Gas condensate from the Landfill itself; • On- site storm water; APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 6 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL • Groundwater from the Landfill property; and • Other approved liquids. 1 .4. Definitions This ELROP uses the following meanings for words and phrases: Field Capacity: The liquid absorptive capacity of a given material, typically expressed as a moisture content (percent) limit. When a material reaches field capacity, additional liquids will effectively pass through unabsorbed. At a landfill, this adds directly to leachate production. Subtitle D Composite Liner: A landfill cell liner system constructed in accordance with standards set forth in Subtitle D of the Resource Conservation and Recovery Act (RCRA), including composite liner systems, leachate collection systems, and related accessories. 2. Generalized ELR Process In general, ELR includes the following actions: • Install appropriate recirculation infrastructure, e.g. pumps, pipelines, permeable beds (PBs), recirculation laterals (RLs), injection wells, etc. • Monitor incoming waste moisture content; • Collect leachate from landfill cells via the LCS; • Reintroduce leachate and/or other approved liquids (Section 1 .3) into waste mass [only over locations with an approved Subtitle D Composite Liner, see 30TAC330.331(b)]; o Combine stored leachate with clean liquids; o Recirculate into landfill using permeable beds, recirculation laterals, and/or vertical injection wells; o Limit daily average recirculation to 100,000 gallons per landfill cell (annual average). Refer to Appendix IV E-1 calculations; APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 7 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL • Limit liquids injection to maintain moisture content of the in-place waste at 35% moisture by weight, plus or minus 5% to account for variations in the waste pack, but at all times remaining below 40% moisture by weight; • Monitor leachate and gas generation rates to determine effects of recirculation activities. 3. Preparatory Analysis and Design Prior to implementation of ELR, qualified individuals or teams must perform thorough analyses to ensure the landfill is prepared to handle likely changes in leachate production & quality, head on the liner, and landfill gas production rates. 3.1 . Leachate Production Implementing ELR typically results in increased leachate production, especially if the waste mass reaches field capacity. The Hydrologic Evaluation of Landfill Performance (HELP) Model provides useful predictions regarding leachate production within landfills. HELP Model calculations in Appendix 15A (in Part III, Attachment 15) account for liquids injection associated with ELR Operations. The results of the HELP Model runs confirm that head conditions on the liner will remain below 30 centimeters in depth with the recirculation volumes limited to the amount indicated in Section 2. If leachate generation rates increase substantially, indicating that areas of the Landfill have reached field capacity, the design of the LCS is such that it can handle the additional flow of moisture. 3.2. Leachate Quality Recirculating leachate through the waste mass typically improves its chemical qualities, making it less difficult to manage in the event it must be sent to a wastewater treatment plant (WWTP). Though studies and experience show the likely improvements in chemical characteristics, each landfill is a unique environment where actual changes may vary. Any unexpected changes to leachate chemistry can be addressed through an ELR Contingency Action Plan (See Section 11—ELR Contingency Plan). APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 8 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL 3.3. Head on the Liner Higher leachate production can lead to increased hydraulic head on the liner without expansion of the leachate collection system (LCS). Design of the LCS in cells with ELR implemented will follow the appropriate indications in Appendix 15B (in Part III, Attachment 15) to ensure that the LCS manages additional leachate effectively, keeping hydraulic head on the liner under 30 cm of liquid. 3.4. Landfill Gas Production Rates The increased moisture in the waste mass encountered due to ELR operations typically leads to accelerated production of landfill gas. Upon installation of a landfill gas collection system, as needed, the Landfill will conduct thorough analyses to ensure the appropriate landfill gas collection infrastructure necessary to ensure safe collection and handling of the landfill gas generated within the waste mass under ELR conditions. 4. ELR Infrastructure The ELR system is designed to reintroduce leachate and other approved liquids back into the waste mass at a landfill by means of recirculation laterals (RLs), permeable beds (PBs), vertical injection wells (VIW), and surface application (SA). 4.1 . Existing Conditions The City will install PBs and/or RLs within future cells as they are developed. Figure 15-E.1 shows a typical development detail of ELR cells. Subsequent cells will follow a similar design and designation. 4.2. Recirculation Laterals (RLs) Recirculation laterals (RLs) are perforated pipes installed within the Landfill to inject leachate and other approved liquids back into the landfill waste. The laterals are placed in trenches within the landfill waste pack, or imbedded in a granular material and overlain with geotextile fabric to act as a filter. If granular material is used, it should be larger in size than the pipe perforations. Suitable materials include gravel, crushed glass, tire chips, shredded tires, and crushed concrete. All of these materials are suitable for disposal in the landfill under TCEQ regulations, but provide APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 9 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL a more uniform hydraulic conductivity when compared with mixed MSW. If tire chips are used, they shall be 12-inch nominal or smaller in size and shall not be placed within 2 feet of any liner or final cover installation unless steel belts are removed. The RL will be solid, fused, 3- to 6-inch diameter HDPE pipe located a minimum of 100 feet inside any side slopes to reduce leachate seep potential. The perforated sections of the RLs will be constructed of 6--inch diameter perforated HDPE pipe. In order to more evenly distribute leachate, the RL design may also have variable perforation size, with perforation diameter increasing as the distance from the tank and pump increases. A pair of holes will be placed at 5-foot intervals and increase in size from the inlet end of the pipe to the terminal end to provide more equal distribution of recirculated liquids. Solid sections of RLs will connect the perforated piping to the Recirculation Manifold (Section 4.5 of this Plan). Installation of RLs may begin at an elevation within the Landfill of approximately 20 feet above the liner elevations. The perforated section of the RL will be centered in a rectangular trench and backfilled with recycled shredded tires, aggregate, other granular material or MSW. Installers will shingle a geotextile filter shingled over the top of the trench to minimize the infiltration of fines, then cover the trench with a foot of intermediate cover. Landfill staff will ensure that compactors not pass above RL's until at least 5 feet of waste have been placed above them. Clean out risers will be furnished at the ends of the RLs and will daylight either at the waste limits or on the sideslope. Cleanouts may also provide connection for LFG control as a horizontal gas collector. Cleanouts can be extended as future cells piggyback over these sideslopes. Figure 15-E.2 provides typical RL details. 4.3. Permeable Beds (PBs) Permeable beds (PBs) are a second type of distribution method consisting of a 0.1 to 2-foot thick layer of relatively high hydraulic conductivity material, overlain with a geotextile fabric filter. PB installation occurs over the waste surface with a APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 10 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL perforated pipe running through the center of the PB, and then covered with a layer of waste. Thickness of the PBs will vary dependent on the material used and the quantity of material available at the time of placement. The PB can be made of geocomposite, gravel, crushed glass, tire chips, shredded tires, or crushed concrete. If tire chips are used, they shall be 12-inch nominal or smaller in size and shall not be placed within 2 feet of any liner or final cover installation unless steel belts are removed. All of these materials are suitable for disposal in the landfill under TCEQ regulations but provide a more uniform hydraulic conductivity when compared to MSW. The PBs have much greater surface area then the RLs. Research indicates the following advantages of PBs over RLs: • Increased volume of leachate recirculated per unit mass of waste. • Avoided construction costs due to the lack of trenching and fewer pipes required (e.g., distance between PBs is 2-4 times greater than RLs). • Uniform liquid distribution reducing dry zones and differential settlement. • Increased landfill gas generation rate. • More efficient LFG collection. The PBs will be approximately 350 to 450-feet long and 100-feet wide depending on their horizontal and vertical location within each Phase. The PB designs show them at least 100 feet from any exterior side slope. PB installation will occur directly on the waste surface as the waste lift in these areas attain design grade. One main 3 to 6-inch diameter, solid HDPE header will lead from the Recirculation Manifold along the centerline of each PB at each elevation. Each PB will have a cleanout at the landfill sideslope. The length of pipe inside the PB will be constant-diameter perforated pipe, similar to the RLs. Like the RLs, installers will drill two holes at each 5-foot interval. The Landfill operator should take care to avoid compactor movement over a PB until 5-feet of waste has been placed over the constructed area. APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 11 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL Plans are in place for future connections to a LFG control system at both cleanouts on each PB. Additionally, a loop of perforated HDPE pipe may be installed around the perimeter of each PB for LFG collection. Figure 15-E.3 provides typical PB details. 4.4. Vertical Infection Wells (VIWs) Vertical Injection Wells (VIWs) can combine with or substitute for PBs and/or RLs to inject ELR liquids into the waste pack. A VIW will adhere to the same design as a vertical landfill gas collection well as detailed in Appendix III-F because any VIW will eventually connect to a LFG control system. Additionally, existing vertical landfill gas collection wells can serve as ELR VIWs if operational needs dictate. Figure 15- E.2 provides typical VIW details. 4.5. Recirculation Manifolds (RMs) and Forcemains As described in Appendix III-A (Water Pollution Control), leachate is collected and stored in permanent and/or temporary storage tanks or pond(s). From the storage tank(s) or pond(s), a recirculation forcemain discharges into various recirculation manifolds (RM) within the Landfill. The RMs have valves capable of discharging to each PB and RL line in each cell. When pipelines extend beyond the limits of the lined area of the Landfill, they shall be double-walled pipe. 4.6. Infrastructure ID Codes Each RL, PB, and VIW will have an identification code based on the design (RL, PB, VIW), cell location, elevation and location laterally. For example, the southern-most RL installed in Phase 3 at elevation 140 ft would have the ID code "RL-3-140-1," the RL located immediately to the north of RL-3-140-1 would have the ID code "RL-3- 140-2," and so on. Similarly, the southern-most PB installed in Phase 3 at elevation 180 feet would have the designation PB-3-180-1 and the PB installed immediately north of PB-3-180-1 would have the ID code "PB-3-180-2," and so on. APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 12 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL 4.7. Infrastructure Inspections Landfill staff will regularly inspect the ELR infrastructure to ensure it is working properly. Inspections will primarily focus on detecting leaks and/or spills, but will also check for proper functionality. 5. ELR Personnel ELR requires well-trained Landfill staff to ensure smooth operations. Each of the following tasks needs to be assigned as a responsibility to one person or position at the landfill. In some cases, multiple responsibilities may be assigned to one employee. • Liquids Recirculation Management • Liquids Recirculation Operations • Liquids Recirculation Recordkeeping • Liquids Recirculation Infrastructure Inspection • Liquids Recirculation Infrastructure Maintenance 5.1 . ELR Management The Landfill Manager will ensure proper management of the ELR system. He or she will be responsible for planning and development of the system and will assign tasks to designees, as needed. 5.2. ELR Operation The Landfill Manager assumes responsibility for effective operation of the ELR system. He or she will be responsible for scheduling dosing and startup and shutdown of the system. He or she may assign such tasks to other Landfill staff, as needed. 5.3. ELR Recordkeeping The Landfill Manager will be responsible for maintaining accurate records of ELR system operations, including dose dates, liquid qualities & amounts, and maintenance activities. He or she may assign recordkeeping duties to Landfill staff, as needed. APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 13 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL 5.4. ELR Inspection The Landfill Manager will ensure the ELR system undergoes regularly scheduled inspections. During these inspections, he or she, or a designee, will conduct observations of the ELR infrastructure, making note of any deficiencies that could lead to improper operation of the system. Observations of staff during everyday landfill operations will supplement the regularly scheduled inspections. Operators will inform the Landfill Manager, or designee, of any irregularities they notice as they work. The Landfill Manager, or designee, will ensure any noted issues receive appropriate attention and any necessary repairs and/or maintenance. 5.5. ELR Maintenance The Landfill Manager will be responsible for maintenance of the ELR system. In response to deficiencies noted during inspections, he or she will schedule and carry out repair and/or maintenance activities, or will clearly assign these tasks to a member of landfill staff. On occasion, repair or maintenance may require the service of an outside vendor—this determination will be at the Landfill Manager's discretion. 5.6. Training of ELR Personnel The Landfill Manager will ensure that Landfill staff receives appropriate training regarding their interactions with the ELR system. Topics covered in training will include: • ELR Infrastructure Basics (All Staff) o Location & Arrangement o Function & Operation o Benefits & Responsibilities ■ Airspace Recapture ■ Accelerated Gas Production ■ Leachate Management ■ Caution around Pipelines, Manifolds & Fixtures APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 14 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL ■ Report Observed Irregularities • Inspection Procedures (Any staff assigned inspection duties) • Records Requirements (Any staff assigned recordkeeping duties) • Maintenance Procedures (Any staff assigned maintenance duties) 6. ELR Operational Procedures ELR operations will occur in units called dosing events. A dosing event will consist of pumping leachate from the storage tank(s) or pond(s) along with other approved liquids through the recirculation pipeline(s) and manifold(s) to an RL or PB when recirculation is scheduled for that cell. The daily average dosing event will be 100,000 gallons with an annual maximum of 36,500,000 gallons for each Phase (Appendix IV E-1 calculations). Landfill staff will determine recirculation volumes using flow meter readings. 6.1 . Recirculation Lateral Dosing Experience gathered during the operation and review of other recirculation projects indicates that, to encourage optimum conditions, RLs dosing should amount 25 to 50 gallons per dosing event per foot of perforated trench, that dosing should occur in only one trench at a time, and that trenches need rest between doses in order to develop uniform wetting fronts. With this in mind, the following criteria govern dosing of the RLs: • During each dosing, an RL will receive 25 to 50 gallons per foot of trench up to a maximum of 50 gallons per dosing event per foot of trench during each dosing event. This means that each RL will not receive more than 50 gallons for each perforated foot within the trench independent of time unless the daily maximum is reached. • Dosing will rotate to the next RL when the maximum volume is reached. • RLs will be rested a minimum of one day between dosing events. Because RL lengths will vary, dosing volumes will also vary as follows: APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 15 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL • For the shortest RLs (estimated at about 120 feet of perforated pipe), estimates of liquid injection dosing range between 3,000 and 6,000 gallons per event. • For the longest RLs (estimated at about 480 feet of perforated pipe), estimates of liquid injection dosing range between 12,000 and 24,000 gallons per event. • For RLs of intermediate lengths (x feet of perforated pipe), estimated dosing ranges will range between 25x and 50x gallons per event. Landfill staff will make regular observations of the pipelines' and manifolds' flow meters and pumps' hour meters during ELR system operation to ensure that RL dosing quantities remain within the prescribed limits. Each RL will have a flow meter that staff can use to determine the liquid volume injected during each dosing event. The Landfill will retain records showing appropriate dosing in accordance with Section 8—ELR Recordkeeping. 6.2. Permeable Bed Dosing PBs will be loaded at a conservative rate of 1 to 3.5 gallons/dosing event/square foot. Dosing, at flows varying between 35,000 and 157,500 gallons/dosing event on average, will rotate to each PB similar to the RLs. Landfill staff will make regular observations of the pipelines' and manifolds' flow meters and pumps' hour meters during ELR system operation to ensure that dosing PB dosing quantities remain within the prescribed limits. Each PB will have a flow meter that staff can use to determine the liquid volume injected during each dosing event. The Landfill will retain records showing appropriate dosing in accordance with Section 8—ELR Recordkeeping. 6.3. Vertical Infection Well Dosing VIW dosing of ELR liquids may occur at any dedicated VIW. Dosing may also occur at any landfill gas collection well such that the well is offline during dosing and the resting period. The following criteria will govern dosing at VIWs: APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 16 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL • VIW dosing shall utilize a permanent recirculation header pipeline connected to the VIW or a water wagon or other temporary water delivery methods. • Dosing shall continue until well is full and refuses additional ELR liquids. • Care shall be taken when dosing to avoid overfilling as damage to the well, well plug, or well casing may occur. • Each VIW shall be rested a minimum of one day between dosing events. If a connection to a permanent recirculation lateral supplies the VIW's liquid supply, Landfill staff will monitor the flow meter and pump hour meters on days when the recirculation system is operated. Each VIW will have a flow meter that staff can use to determine the liquid volume injected during each dosing event. Should the VIW's liquid supply originate from a temporary delivery method, such as a water wagon, the dosing volume of the ELR liquids shall be determined based on the known volume of the delivery tank and the number of full tanks dosed. In the event the well refuses a complete tank, the full tank volume shall be recorded for that dosing event. Landfill management will decide appropriate use of VIW's based on operational needs of the site. 6.4. Surface Application Landfill staff may recirculate leachate and other allowable liquids via surface application (SA) on the Landfill crown area or level areas (i.e. not side slopes), as needed. The groundwater or clean surface water may be applied to the Landfill intermediate cover or working face, depending on the method or procedure chosen. Prior to any surface application, Landfill staff will install surface controls (e.g. soil containment berms) to prevent runoff from the surface applied areas. During surface applications, Landfill operators will take care to ensure no more than 100,000 gallons (Attachment IV E-1) of groundwater or clean surface water will be land-applied per day. Surface application methods may include: APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 17 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL • Direct mixture of the groundwater or clean surface water with the Landfill waste loads in the working face. • A spray irrigation system. • Driving an irrigation or water dispensing tank truck or water wagon with a spreader bar or liquid dispensing nozzle over the site. • Excavating trenches for direct groundwater or clean surface water deposit with subsequent backfilling of trenches. The surface application procedure used will be dependent on the properties of the liquid, and the cost, maintenance and ease of use of the process. 7. ELR Monitoring Monitoring of the Landfill is critical to determine how the Landfill responds to the ELR. In order to safely and effectively operate an ELR landfill several conditions shall be monitored during and after a dosing event. 7.1 . Monitoring Monitoring of the waste will include sampling the in-place waste to determine initial moisture content and surveying the fill area to determine placement densities and settlement data. 7.1 .1 . Waste Settlement One of the ELR process goals is to increase waste settlement rates. To determine where settlement is occurring in the landfill, an annual survey shall be conducted. This information will enable the landfill to place additional waste in areas of settlement and reclaim that airspace. 7.1 .2. Airspace Utilization Factor The calculated airspace utilization factor (AUF) is an important factor for the evaluation of the ability to increase waste settlement, providing more airspace. Landfills practicing leachate recirculation and/or ELR have experienced improvements to their AUF ranging from 20 to 50 percent. APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 18 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL AUF calculations are based upon the tonnage of waste placed in the Landfill and the airspace consumed during a fixed period of time. For example, top of waste topographic surveys were conducted in January 2010 and January 2011 . Landfill scalehouse records show the tonnage of waste disposed between those dates. With these data, one can compute the AUF between January 2010 and January 2011 . For each survey, the volume of waste and cover soils between the top of waste and the top of protective layer is determined. The difference between these two volumes is the airspace consumed between the two survey dates. The relative density (AUF) in pounds per cubic yard can be calculated by dividing the tons of waste landfilled between the survey dates (converted to pounds) by the airspace consumed. This value is not a measure of in-place waste density, but more a measure of air space utilization efficiency. AUF monitoring will occur at the frequency indicated in Table 7-1 . 7.1 .3. Waste Moisture Content Effective implementation of ELR requires knowledge of the moisture content of the waste mass. The Landfill will establish moisture content of the waste through a procedure outlined by the Environmental Protection Agency (EPA). In the guidance document "Example Moisture Mass Balance Calculations for Bioreactor Landfills," [EPA-456/R-05-004, August 2005] the EPA describes appropriate methods to determine moisture content at MSW Landfills. The EPA publication states, "The NESHAP allows moisture content to be determined using a variety of methods, as long as the procedures and assumptions are documented and appropriate. A range of appropriate methods exist. For example the landfill owner/operator can perform a simple mass balance calculation. The calculation must take into account the waste mass, moisture content of the incoming waste, mass of liquids added to the bioreactor (including recirculated leachate), precipitation falling on the bioreactor surface, and mass of water removed as leachate. The landfill can perform more complex mass balances using models that take into account additional factors such as APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 19 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL surface runoff, landfill cover types that reduce the amount of precipitation entering the waste mass, and water loss mechanisms such as evapotranspiration. Another possible method for an established bioreactor would include sampling the moisture content of the waste at multiple locations within the bioreactor, and performing statistical calculations to determine the average percent moisture. However, it is expected that in most cases, a mass balance approach will be adequate to determine whether the moisture content is above or below 40 percent and comprehensive sampling will not be needed." Method B: The Landfill will use the Advanced Set of Calculations in the EPA's Water Balance Method to determine the moisture content and to calculate the appropriate quantities of leachate, gas condensate, and other liquids to add into the waste mass. The Water Balance Method performs calculations in sequence on a monthly time basis to estimate the average moisture content. Table 7-1: Solid Waste Monitoring Schedule Parameter Interval Waste Settlement Quarterly Airspace Utilization Factor (AUF) Annually 7.2. Liquids Monitoring Monitoring of the liquids introduced to and generated by the Landfill will occur on a regular schedule and the data will be used to develop a relationship between recirculation and waste degradation. 7.2.1 . Leachate Generation Flow meters on the leachate collection system will indicate the amount of leachate generated in the landfill. In addition, liner leachate head readings recorded as directed in the Leachate and Contaminated Water Plan (Attachment 15 to Part III) will confirm that hydraulic head on the liner remains under 30 centimeters. APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 20 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL 7.2.2. Leachate Level on Liner The City will monitor the depth of leachate on the landfill liner (above the top of the sump) with a pressure transducer located on each submersible pump within the side slope risers. The regulatory point of compliance is 30-cm of leachate head on the liner (above the top of the sump). In areas where ELR will be used, the regulatory point of compliance is level with the top of the sump. Each pump control panel uses a digital readout of the leachate head above the transducer. Each panel is programmed such that the pump turns on when the head in the sump reaches the top of the sump. The pump is programmed to turn off when the head level drops to approximately 1-ft of head above the bottom of the sump. The transducers provide continuous measurement of head, and the control panel(s) are equipped to provide a visual indication when the head over the liner approaches the regulatory limit. All head levels are checked and recorded monthly. 7.2.3. Precipitation The Landfill keeps records of precipitation data as part of its Storm Water Pollution Prevention Plan (SW3P). Staff can readily access those records, as needed, as it relates to ELR operations. 7.2.4. Volume of Liquids Recirculated One goal of ELR is to increase the moisture content of the MSW to provide a better environment for the sustenance of microbes responsible for biodegradation of water. MSW typically enters landfills with moisture content around 20% by weight. Corpus Christi would like MSW moisture content at the Cefe F. Valenzuela Landfill to rise to 35% +/- 1%. Attachment IV-E-1 contains tables showing how many gallons should be injected per incoming cubic yard of waste (the values vary depending on assumed incoming waste density). Immediately after, Attachment IV-E-2 presents the methodology to determine the calculated waste moisture content due to liquids injection and environmental conditions. Table 7-2 lists the ELR liquid characteristics that landfill staff will monitor regularly with their respective monitoring schedules. APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 21 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL Table 7-2: Liquids Monitoring Schedule Parameter Interval Units Leachate Generation Daily* gal (L) (Non ELR Cells) Leachate Generation Daily* gal (L) (ELR Cells) Leachate Level on Liner Monthly inch (mm) datum =top of sump Precipitation Daily* inch (mm) (rainfall and snowfall) Volume of leachate and landfill gas condensate Daily* gal (L) recirculated Volume water and other Daily* gal (L) liquids recirculated * - Days that the Landfill is open. 7.3. Landfill Gas Monitoring An ELR landfill is designed to accelerate the rate of waste decomposition. This in turn accelerates the rate of LFG production. If the Landfill installs a landfill gas collection system, staff will monitor it to measure the percentage of the methane and oxygen in the LFG and determine if the ELR process is functioning correctly. 7.3.1. Gas Parameters Landfill gas parameters to be monitored will be established prior to installation of any landfill gas collection system. Typically, landfills test collected gas to determine the content of a variety of chemical constituents. Table 7-3, provided for reference only, shows a typical monitoring schedule for a landfill gas collection system. Table 7-3: Typical Landfill Gas Monitoring Schedule Parameter Interval Landfill Gas Flow/Production at each LFG Lateral Monthly Connection NMOC Per Air Permit HAPs, Surface Emissions, etc. Per Air Permit APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 22 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL 8. ELR Recordkeeping Implementation of ELR at the Landfill will generate records of relevant operational and monitoring characteristics. ELR Records include • Dose Liquid Quantity Records, • Recirculation System Installation Records, • Recirculation System Inspection Records, and • Other information necessary to ensure effective implementation. ELR records will become part of the Landfill's Site Operating Record and will remain at the Landfill for the life of the Site. 9. ELR Reporting Operations of ELR Landfills do not trigger any special reporting requirements. Thus, the Landfill will simply abide by the reporting schedules already in place at the facility. 10. ELR Safety Measures Implementing ELR will not require application of any specific safety measures beyond those already practiced by facility staff to ensure safe operation of the Landfill. Thus, Landfill staff will keep themselves, customers, visitors, and the environment safe through adherence to the Landfill's Safety Plan. 11. ELR Contingency Action Plan Implementing Enhanced Leachate Recirculation (ELR) at a landfill can lead to some situations that may require special remedial actions in a short amount of time. With this in mind, the managers of the Cefe F. Valenzuela Landfill have developed an ELR Contingency Action Plan (CAP) to address the most likely potential emergencies. Conditions requiring activation of the CAP may turn up during routine inspections, monitoring, maintenance, etc. Any activation of the CAP will result a staff generation of an event report, a copy of which will go in the facility operating record. APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 23 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL 11 .1. Events Leading to Contingency Actions Certain known events and/or conditions, if encountered in the ELR portion of the Landfill, could threaten human health and/or the environment. Discovery of any of these would thus trigger implementation of this CAP: • Infrastructure damage from motor vehicle; • Significant leachate seep; • Leachate pump failure; • Leachate spill; • Impending tank or pond overflow; • Significant erosion damage to cover; • Cover integrity failure; • Unexpected decrease in recovered leachate flow; • Increase in leachate head over liner (above regulatory limits); and/or • Significant change in leachate chemistry. 11 .2. Contingency Action Procedures In the event of implementation of this CAP, Landfill staff shall apply the following steps: • Identify the Problem(s) • Evaluate Potential Remedies • Develop an Event-Specific CAP • Implement Remedial Actions • Notify Regulatory Agencies & Follow-up Internally Subsequent sections of this CAP provide detailed descriptions of the actions required in each step. APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 24 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL 11 .2.1 . Identify the Problem(s) Upon discovery of any condition that threatens human health and/or the environment, landfill staff must first identify the problem(s) generating the root cause of the abnormality. Determination of the cause includes • Clearly stating what factor led to the condition; • Listing known realized effects; • Listing potential future effects; • Determining other facilities at the Landfill threatened by the problem(s), and securing them to protect against damage (if any); and • Classification of events according to their severity. Determination of the cause of the problem(s) will provide direction to Landfill staff as they implement the provisions of this CAP. 11 .2.2. Evaluate Potential Remedies After identifying the problem(s), Landfill staff will evaluate potential remedies and select the best ones to correct them. Remedy evaluation includes • Examination of the extent of the hazard(s) to human health and/or the environment; • Review of the actions required to mitigate the hazard(s); • Assessment of capability of on-site staff to carry out the actions; • In cases where actions exceed on-site capacities, generate a list of appropriate contacts that can assist in remediation. 11 .2.3. Develop an Event-Specific CAP Section 11 .3 contains a number of action plans to address issues commonly encountered at ELR landfills When Landfill staff discovers any of those, they will implement the appropriate action plan. However, on occasion, multiple APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 25 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL problem(s) and/or unanticipated problem(s) will arise. In such cases, Landfill staff will develop an event-specific action plan to remediate. • If multiple problems exist, prioritize them by severity and/or threat so as to address them in order of seriousness; • Ensure effective security measures are in place to protect other facilities, operations, and/or structures at the Landfill from any threat; • Identify corrective actions required to address each problem; • Establish a schedule to implement corrective actions; 11 .2.4. Implement Remedial Actions When Landfill staff has settled upon an effective action plan, they will then initiate remedial activities. During remediation, staff will be sure to • Contain any potential environmental contaminants for removal, disposal, and/or treatment; • Protect other threatened structures or facilities; • Repair any earthwork damage with on-site equipment, up to the capability of facility personnel; and • Secure assistance from specialized personnel, as needed, to complete certain tasks (e.g. electrical work, liner repair, pump repair, etc.). 11 .2.5. Notify Regulatory Agencies & Follow-up Internally Depending on the type and severity of the incident, provisions of Title 30 of the Texas Administrative Code [30TAC] may require notification to the TCEQ regarding its occurrence and the remedial actions. After remediation, Landfill management will assess the need for notification to the TCEQ, and will do so in accordance with the appropriate sections of Texas Law. For the sake of improved operations going forward, any incident requiring implementation of this CAP will trigger a follow-up review of the event. The evaluation will include APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 26 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL • Review of the stated cause(s) of the incident, with corrections and/or additions to them, as needed; • Determination of the effectiveness of the remedial actions, with suggested changes to address future occurrences, if appropriate; • A written event report describing the cause of the incident, the response actions, their results, and the overall effect(s) of the event itself. • Modifications to this CAP if the review determines they are necessary. 11 .3. Event Specific Remedial Actions Some issues commonly encountered at ELR landfills have establish best practices to remediate them. This section of the CAP lists several of these and describes the actions that Landfill staff will undertake to repair them if they occur. 11 .3.1 . Infrastructure Damage from Motor Vehicle • Immediately cease operation or isolate a portion of the damaged system (Leachate recirculation, gas collection, etc.); • Determine the extent of damage; • If repairs are necessary, contact the design engineer for direction in making the repairs; • Complete repairs, and return the system to normal operation. 11 .3.2. Leachate Seep • Immediately suspend recirculation in the portion of the landfill affected, and record the coordinates of the seep; • Contact the design engineer; • Place a temporary containment berm around the seep to prevent migration, and excavate a drainage trench inside the berm to promote infiltration; APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 27 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL • Determine if the seep is resulting from the recirculation of leachate and liquid amendments. If so, assess the need to clean the RLs to promote uniform infiltration. • Upon restarting the recirculation system, rest the RLs in the affected area for one month, and reduce the dose volume in the affected area by 50%; • If settlement or erosion caused the seep to occur, repair the region surrounding the seep according to design specifications; • If the seep persists, evaluate the need to modify recirculation plan, or modify the area by installing further leachate control to manage the seep. 11 .3.3. Leachate Pump Failure • Immediately pull pump and replace with a new backup pump; • Cease recirculation in the region contributing to the failed pump; • Assess cause for pump failure; • If applicable, correct problem leading to pump failure; • Resume recirculation once any causes of the failure have been corrected. 11 .3.4. Leachate Spill • Contain spilled leachate by constructing temporary berms or containment trenches; • Pump the spilled leachate into either a tanker truck, storage tank, or pond; • If any soil or surface water has been contaminated by leachate, this material shall be removed and placed either in the landfill or into leachate storage, respectively; • Determine the cause of the spill. If the spill occurred due to infrastructure (piping, etc.) damage, see the appropriate Contingency Actions; • Correct the cause of the leachate spill, if applicable. APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 28 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL 11 .3.5. Impending Tank or Pond Overflow • Immediately cease any tank or pond filling operations; • Either begin discharging leachate from the tank or pond to the recirculation system, or load leachate into a tanker truck for disposal; • Determine the cause for the overfilling of the storage tank(s) or pond(s). Correct the problem, and resume normal leachate operations. 11 .3.6. Cover Erosion Damage • Assess extent of damage; • Determine if the storm water control system needs modifications to prevent future damage. If so, contact the engineer for design changes; • If weather conditions threaten to further damage the cover system, install temporary storm water controls such as sandbags or hay bales; • If the membrane barrier is damaged, excavate to expose the damaged portion of the membrane and repair per the manufacturer's recommendations; • Replace drainage and soil layers to design specifications, and revegetate the area as required. 11 .3.7. Cover Integrity Failure Note: Some settlement of the cover over the areas receiving recirculation is expected. • Inspect the cover for evidence of cracks or movement; • Relocate landfill operations if the failure causes a safety issue; • Evaluate cause of failure, and determine remedial options; • Contact the engineer for direction on permanent repair of the cover system; APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 29 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL • If the failure has affected the membrane layer, excavate to expose the damaged portion and repair per the manufacturer's recommendations; • Replace the appropriate drainage and soil layers and regrade to allow for proper drainage, and revegetate as necessary. 11 .3.8. Unexpected Decrease in Recovered Leachate Flow • Check leachate pump(s) performance, and compare to manufacturer supplied literature; • If the pump appears to be failing, follow actions in "Leachate Pump Failure;" • If the pump appears to be operating as intended, clean-out collection piping as needed. Leachate volume should return to normal. 11 .3.9. Increase in Leachate Head Over Liner • Check leachate pump(s) performance, and compare to manufacturer supplied literature; • If the pump appears to be failing, follow actions in "Leachate Pump Failure;" • Clean-out collection piping as needed. Head over liner should return to normal.; • If head does not return to normal, and the pump appears to be operating as intended, insert a higher capacity pump into the affected sump to improve leachate removal. Leachate head should return to normal; • If head fails to return to normal, suspend recirculation in the affected cell for one week; after head levels have returned to normal reduce recirculation volume by 50% for one week and monitor head and pump performance. APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 30 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL 11.3.10. Significant Change in Leachate Chemistry If pH drops to 6.2 or less in raw leachate: • Discontinue recirculation immediately; o Dose Unit with buffered liquid amendments, or neutral liquid amendments (e.g. stormwater) for two cycles; o Monitor pH daily. • If pH returns above 6.2 o Continue dosing buffered amendments for 1 month; o Monitor pH weekly; o After the month, resume normal recirculation. • If pH remains at or below 6.2 o Suspend recirculation and evaluate addition of nutrients or buffers to adjust pH. If pH rise above 9 in raw leachate: • Limit recirculation volume to 25% of target amount unless pH is adjusted to below 9, or use only neutral liquid amendments; • If pH remains above 9 o Suspend recirculation; o Evaluate addition of nutrients or buffers to adjust pH. • If pH returns below 9 o Continue dosing buffered amendments for 1 month; o Monitor pH weekly; o After the month, resume normal recirculation. APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 31 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL PAGE INTENTIONALLY LEFT BLANK APPENDIX IV-E ELR OPERATING PLAN JULY 2013 CP&Y, Inc. 32 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL CEFE F. VALENZUELA LANDFILL CITY OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS NUECES COUNTY APPENDIX IV E-1 ENHANCED LEACHATE RECIRCULATION OPERATING PLAN MSW MOISTURE TABLES TEXAS COMMISSION ON ENVIRONMENTAL QUALITY MSW PERMIT NO.: 2269 Applicant: CITY OF CORPUS CHRISTI SOLID WASTE SERVICES DEPARTMENT 2525 HYGEIA STREET CORPUS CHRISTI, TEXAS 78415 0��0 \t�� i JULY 2013 1k � FRANK E. PUGSLEY r....:.......................:....� 984600 : ooww Prepared by: �ss oAL E�4?�� CP&Y, Inc. 1820 Regal Row Dallas, Texas 75235 7/29/ 0�44GV Firm No. F-1741 ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 1 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL PAGE INTENTIONALLY LEFT BLANK ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 2 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL Management of Moisture Addition This section presents an overview of moisture calculations and a straightforward method for determining the correct amount of moisture to add to the MSW based upon collected data. Moisture does not have to be added in a short period of time in order to reach field capacity. Liquids can be recirculated and/or surface applied at lower volumes at first. When liquids are reinjected in the same areas, these calculations can be used to estimate how much moisture levels may have increased in MSW as received. This is important throughout the life of the ELR development. As more liquids are recirculated into each phase, settlement occurs. This affects landfill density and, as seen in the following tables, directly affects the ability to absorb further moisture. This means that liquid injection volumes can be lowered as each Phase matures in degradation. An optimum moisture level exists for each municipal solid waste landfill that will allow the process of biological stabilization and compaction to proceed at the highest rate possible. Existing literature suggests that the optimum moisture level is between 35- 50%. For this project the moisture content will be maintained at or below field capacity (less than or equal to 35%) MSW Moisture Content Determination The gravimetric procedure for determining the moisture content of MSW is relatively simple and is based upon the methods for determining total solids as presented by "Standard Methods for the Examination of Water and Wastewater and/or EPA Method 160.3. An initial weight is obtained for a significant field sample of MSW (sample size between 0.5-1 .0 kg) collected from the working face. The moist sample is dried at 103- 105 C to a constant weight. The percent moisture is calculated as follows: Percent Moisture = 100 - (dry weight/wet weight * 100) For example: A 1000-gram field sample of MSW is obtained and dried. The constant dry weight of the sample is found to be 700 grams. The percent moisture is calculated: Percent Moisture = 100 - (700/1000 * 100) = 100 - (0.70 * 100) = 100 - 70 = 30% Moisture Addition Determination The moisture addition tables included in this attachment should be used once the working face percent moisture results are obtained from the laboratory. An explanation of the preparation of the tables follows. A simple algebraic expression was developed to demonstrate the relationship between the total weight for each cubic yard of MSW and any given percent moisture found for collected field samples. A typical moisture level for freshly compacted MSW is 25%. The in-place moisture weight, X, was calculated for MSW dry weights from 800 to 2000 Pounds per cubic yard from the formula: ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 3 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL X = Decimal Fraction Moisture (Dry Weight Density + X) For example, for a Moisture Level of MSW = 25 Percent: Let the dry weight density equal 1000 pounds/cubic yard and the moisture equal 25% (0.25 as decimal). X = 0.25 (1000 + X) = 250 + 0.25X 0.75X = 250 X = 333.33 pounds Pounds may be converted to gallons by dividing by 8.34 lbs/gal water. So, 333.33/8.34 = 39.97gallons. Wet weight = Dry weight + Moisture weight = 1000 + 333.33 = 1333.33 pounds/yd3 These equations served to generate the first four columns of the tables in this Attachment. The equation may be checked by the formula for percent previously presented. Percent Moisture = 100 - (dry weight/wet weight * 100) Percent Moisture = 100 - (1000/1333.33 * 100) = 100 - 75 = 25% Addition of Liquids to Achieve Moisture Goal Using the same line in the table with the MSW moisture level at 25% and 1000 pounds/cubic yard dry weight, the liquid weight present at 35% moisture is calculated. Calculation check: X = 0.35 (1000 + X) X = 350 + 0.35X 0.65X = 350 X = 538.46 pounds Percent Moisture = 100 - (dry weight/wet weight * 100) = 100 - (1000/1538.46 * 100) = 35% The amount of moisture to be added to MSW at 25% to achieve 35% was done by subtraction. Moisture to be added = 538.46 - 333.33 = 205.13 pounds or 24.60 gallons/cu yd. The amount of liquid that is required to achieve 35 % moisture in existing MSW was calculated similarly by determining the moisture weights for 35 % moisture and ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 4 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL subtracting the existing moisture weight for the various densities and moisture levels presented. Addition of Liquids to Achieve 35% Moisture The estimated annual compaction rate at Cefe F. Valenzuela Landfill is 1175 lbs/yd3, as reported in the Landfill's 2012 Annual Report to the TCEQ. The following calculations yield the amount of enhanced leachate to be recirculated to the MSW at 20% to achieve 35%. Calculation check: FY Cubic Yards 2009 802190 2010 741986 2011 714956 Average Annual 753,044 X = 0.20 (1175+ X) X = 221+ 0.20X 0.80X = 221 X = 276.75 pounds/ cu yd. X = 0.35 (1175 + X) X = 411 + 0.35X 0.65X = 411 X = 632.69 pounds/cu yd. To determine the weight of moisture to add, subtract the 20% moisture weight from the 35% moisture weight. Moisture to be added : 632.69 - 276.75 = 355.94 pounds/cu yd. or 42.73 gallons/cu yd. The average daily dosing event: 42.73 gal/cu yd. x 753,044 cu yd./yr x (1 yr/365 days) = 88,157 gal/day Operational experience shows that daily incoming waste rates fluctuate regularly from the average typically peakin in early summer and waning through the winter. Most landfills will see peak daily rates about 20% above the allowable daily average. Thus, the cap on daily liquids injection account for this fluctuation: 88,157 gal/day x 1 .25 = 110,197 gal/day. Hence, to maintain a moisture content of 35% +/- 5% in the MSW, the cap on liquids injection is set at 100,000 gallons per day. ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 5 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL TABLE IV-E2-10% MOISTURE ADDITION FOR 10% FRESH MSW CONTENT Incoming Moisture Liquid to be Added Present to Achieve: Dry Wt. Wet Wt. 10% 10% 35% 35% Density Density (Ibs/yd3) (1bs/yd3) (1bs/yd3) (gal/yd3) (1bs/yd3) (gal/yd3) 800 888.89 88.89 10.66 341.88 40.99 900 1000.00 100.00 11.99 384.62 46.12 1000 1111.11 111.11 13.32 427.35 51.24 1100 1222.22 122.22 14.65 470.09 56.37 1200 1333.33 133.33 15.99 512.82 61.49 1300 1444.44 144.44 17.32 555.56 66.61 1400 1555.56 155.56 18.65 598.29 71.74 1500 1666.67 166.67 19.98 641.03 76.86 1600 1777.78 177.78 21.32 683.76 81.99 1700 1888.89 188.89 22.65 726.50 87.11 1800 2000.00 200.00 23.98 769.23 92.23 1900 2111.11 211.11 25.31 811.97 97.36 2000 2222.22 222.22 26.65 854.70 102.48 TABLE IV-E2-15% MOISTURE ADDITION FOR 15% FRESH MSW CONTENT Incoming Moisture Liquid to be Added Present to Achieve: Dry Wt. Wet Wt. 15% 15% 35% 35% Density Density (Ibs/yd3) (Ibs/yd3) (Ibs/yd3) (gal/yd3) (Ibs/yd3) (gal/yd3) 800 941.18 141.18 16.93 289.59 34.72 900 1058.82 158.82 19.04 325.79 39.06 1000 1176.47 176.47 21.16 361.99 43.40 1100 1294.12 194.12 23.28 398.19 47.74 1200 1411.76 211.76 25.39 434.39 52.09 1300 1529.41 229.41 27.51 470.59 56.43 1400 1647.06 247.06 29.62 506.79 60.77 1500 1764.71 264.71 31.74 542.99 65.11 1600 1882.35 282.35 33.86 579.19 69.45 1700 2000.00 300.00 35.97 615.38 73.79 1800 2117.65 317.65 38.09 651.58 78.13 1900 2235.29 335.29 40.20 687.78 82.47 2000 2352.94 352.94 42.32 723.98 86.81 ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 6 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL TABLE IV-E2-20% MOISTURE ADDITION FOR 20% FRESH MSW CONTENT Incoming Moisture Liquid to be Added Present to Achieve: Dry Wt. Wet Wt. 20% 20% 35% 35% Density Density (Ibs/yd3) (1bs/yd3) (1bs/yd3) (gal/yd3) (1bs/yd3) (gal/yd3) 800 1000.00 200.00 23.98 230.77 27.67 900 1125.00 225.00 26.98 259.62 31.13 1000 1250.00 250.00 29.98 288.46 34.59 1100 1375.00 275.00 32.97 317.31 38.05 1200 1500.00 300.00 35.97 346.15 41.51 1300 1625.00 325.00 38.97 375.00 44.96 1400 1750.00 350.00 41.97 403.85 48.42 1500 1875.00 375.00 44.96 432.69 51.88 1600 2000.00 400.00 47.96 461.54 55.34 1700 2125.00 425.00 50.96 490.38 58.80 1800 2250.00 450.00 53.96 519.23 62.26 1900 2375.00 475.00 56.95 548.08 65.72 2000 2500.00 500.00 59.95 576.92 69.18 TABLE IV-E2-25% MOISTURE ADDITION FOR 25% FRESH MSW CONTENT Incoming Moisture Liquid to be Added Present to Achieve: Dry Wt. Wet Wt. 25% 25% 35% 35% Density Density (Ibs/yd3) (Ibs/yd3) (Ibs/yd3) (gal/yd3) (Ibs/yd3) (gal/yd3) 800 1066.67 266.67 31.97 164.10 19.68 900 1200.00 300.00 35.97 184.62 22.14 1000 1333.33 333.33 39.97 205.13 24.60 1100 1466.67 366.67 43.96 225.64 27.06 1200 1600.00 400.00 47.96 246.15 29.51 1300 1733.33 433.33 51.96 266.67 31.97 1400 1866.67 466.67 55.96 287.18 34.43 1500 2000.00 500.00 59.95 307.69 36.89 1600 2133.33 533.33 63.95 328.21 39.35 1700 2266.67 566.67 67.95 348.72 41.81 1800 2400.00 600.00 71.94 369.23 44.27 1900 2533.33 633.33 75.94 389.74 46.73 2000 2666.67 666.67 79.94 410.26 49.19 ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 7 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL TABLE IV-E2-30% MOISTURE ADDITION FOR 30% FRESH MSW CONTENT Incoming Moisture Liquid to be Added Present to Achieve: Dry Wt. Wet Wt. 30% 30% 35% 35% Density Density (Ibs/yd3) (1bs/yd3) (1bs/yd3) (gal/yd3) (1bs/yd3) (gal/yd3) 800 1142.86 342.86 41.11 87.91 10.54 900 1285.71 385.71 46.25 98.90 11.86 1000 1428.57 428.57 51.39 109.89 13.18 1100 1571.43 471.43 56.53 120.88 14.49 1200 1714.29 514.29 61.66 131.87 15.81 1300 1857.14 557.14 66.80 142.86 17.13 1400 2000.00 600.00 71.94 153.85 18.45 1500 2142.86 642.86 77.08 164.84 19.76 1600 2285.71 685.71 82.22 175.82 21.08 1700 2428.57 728.57 87.36 186.81 22.40 1800 2571.43 771.43 92.50 197.80 23.72 1900 2714.29 814.29 97.64 208.79 25.03 2000 2857.14 857.14 102.77 219.78 26.35 TABLE IV-E2-35% MOISTURE ADDITION FOR 35% FRESH MSW CONTENT Incoming Moisture Liquid to be Added Present to Achieve: Dry Wt. Wet Wt. 35% 35% 35% 35% Density Density (Ibs/yd3) (Ibs/yd3) (Ibs/yd3) (gal/yd3) (Ibs/yd3) (gal/yd3) 800 1230.77 430.77 51.65 0.00 0.00 900 1384.62 484.62 58.11 0.00 0.00 1000 1538.46 538.46 64.56 0.00 0.00 1100 1692.31 592.31 71.02 0.00 0.00 1200 1846.15 646.15 77.48 0.00 0.00 1300 2000.00 700.00 83.93 0.00 0.00 1400 2153.85 753.85 90.39 0.00 0.00 1500 2307.69 807.69 96.85 0.00 0.00 1600 2461.54 861.54 103.30 0.00 0.00 1700 2615.38 915.38 109.76 0.00 0.00 1800 2769.23 969.23 116.21 0.00 0.00 1900 2923.08 1023.08 122.67 0.00 0.00 2000 3076.92 1076.92 129.13 0.00 0.00 ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 8 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL CEFE F. VALENZUELA LANDFILL CITY OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS NUECES COUNTY APPENDIX IV-E-2 ENHANCED LEACHATE RECIRCULATION OPERATING PLAN MSW MOISTURE CALCULATIONS TEXAS COMMISSION ON ENVIRONMENTAL QUALITY MSW PERMIT NO.: 2269 Applicant: CITY OF CORPUS CHRISTI SOLID WASTE SERVICES DEPARTMENT 2525 HYGEIA STREET CORPUS CHRISTI, TEXAS 78415 �P�E OF ....:.......................:... r JULY 2013 FRANK E. PUGSLEY / r........... ................:....f � •. <98460Q A0, Prepared by: (l�t%"A��N�} CP&Y, Inc. %y 1820 Regal Row 7/29/2013 Dallas, Texas 75235 Firm No. F-1741 ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 1 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL PAGE INTENTIONALLY LEFT BLANK ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 2 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL This Attachment IV-E-2 is an excerpt from U.S. Environmental Protection Agency Document EPA-456/R-05-004, dated August 2005. The Landfill will apply the appropriate methodology to show that waste moisture content remains below the permitted limits. 2.0 WATER BALANCE METHOD The Water Balance Method performs several calculations in sequence on a monthly time basis to estimate the average moisture content of the waste. It was originally designed to measure evapotranspiration from soils and was then adapted for landfill conditions. Our suggested procedure for using the Water Balance Method involves a two-tiered approach. Method A is a simplified equation that only incorporates factors which most significantly affect the average moisture content of the waste mass. The simplified equation also assumes that all precipitation falling directly on the landfill's surface will become moisture in the waste mass. The primary factors that are accounted for in the simplified equation are: • Incoming waste moisture, • Precipitation (only precipitation that falls directly on the landfill's surface; assuming that all surface runoff from adjacent areas is diverted around the landfill surface), • Liquids addition (recirculated leachate, water, etc.), and • Leachate production. If landfill owners/operators are satisfied with the results of the Method A equation, then no further calculations are needed. However, if further analysis is required, then landfill owners/operators can proceed to Method B which comprises a more advanced set of calculations. This more complex procedure takes into account the four factors included in the simplified equation of Method A plus the following four elements: • Moisture retained in the landfill surface or cover material, • Surface runoff, ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 3 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL • Surface evaporation, and • Evapotranspiration. A detailed description of each step is discussed in Sections 2.1 and 2.2, respectively, of this attachment. 2.1 Method A: Simplified Equation The potential moisture content of the waste mass in the bioreactor landfill can be estimated using the following simplified equation of the Water Balance Method: PMC — (Lo x M) + P + LA — LCH x 100 M + P + LA — LCH Where, PMC = estimated potential moisture content of the waste mass (% moisture content on a wet weight basis); Lo = moisture entering with the waste mass (kg moisture/kg total waste mass as received); M = total waste mass in bioreactor cell on an as received basis (kg total waste mass as received); P = total precipitation (kg total precipitation); LA = total liquids added to the waste mass, including recirculated leachate (kg total liquids); and LCH = total leachate collected (kg total leachate). If the bioreactor landfill has been at steady state (i.e., no fluctuations in any of the factors above) since the bioreactor cell or entire bioreactor landfill opened, then M, P, LA, and LCH can be calculated as monthly averages instead of totals. However, this scenario is not likely to occur. When using Equation 1 , landfill owners/operators must keep records of data and assumptions used to determine values of Lo, M, P, LA, and LCH for their bioreactor ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 4 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL landfill. The following bullet points provide potential guidelines for determining and recording these values. • Lo: According to Tchobanoglous' Integrated Solid Waste Management: Engineering Principles and Management Issues, most MSW in the United States has a moisture content of 15 to 40 percent, with 25% as typical. Moisture content of MSW depends primarily on the composition of the waste, the season of the year, and the humidity and weather conditions of the surrounding environment. For example, the moisture content of 100 kilograms of incoming wet waste can be estimated as: [(100 kg - d)/100 kg], where d is the total dry weight in kilograms of the solid waste components within the 100 kilograms of wet waste received. • M: To calculate total waste mass, waste acceptance or waste placement data is needed and should be documented accordingly. • P: Total precipitation in inches of water can be obtained from precipitation measurements at the landfill or from nearby weather station data. Convert the precipitation from inches to kilograms of moisture using the following equation: Total Precipitation (P) _ (in. of total precipitation) x 1 ft 12 in X (f t2 of bioreactor landfill surface) x 1 gal 0.134 f t3 X 3.78 kg 1 gal water • LA: The total amount of liquids added can be estimated using measurements currently taken at the bioreactor site for design and operational purposes. For example, if a closed loop bioreactor with horizontal trenches uses a flow meter to measure the amount of leachate recirculated, then flow meter reading records can be used to estimate total leachate addition (e.g., converting the flow rate each month to kilograms of leachate per month and then summing the monthly readings to obtain a total liquids added amount). Water introduced at the surface of the landfill via truck could be measured ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 5 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL using a simple volume displacement calculation, such as: (gallons of water stored per tank truck) * (number of tank trucks emptied onto landfill surface) * (3.78 kilograms per gallon of water). The types of liquid addition methods vary by bioreactor landfill site, therefore, the types of measurement methods will differ as well. We recommend that each landfill owner/operator calculate total liquids using methods most appropriate for their bioreactor design. • LCH: Similar to liquids addition, the total amount of leachate produced can be estimated using leachate collection records generated at the landfill bioreactor for design, operational, and possibly regulatory purposes. For example, if a bioreactor landfill uses a flow meter to measure the amount of leachate produced or collected, then flow meter reading records can be used to estimate total leachate generation (e.g., converting the total flow rate each month to kilograms of leachate per month and then summing the monthly readings to obtain a total leachate amount). The leachate value used in Equation 1 should include leachate that is recirculated as well as any excess leachate that may be treated or disposed of by other means. We recommend that each landfill owner/operator calculate total leachate generated using methods most appropriate for their leachate collection system design. 2.2 Method B: Advanced Set of Calculations The following items are required inputs for Method B of the Water Balance Method calculations: • Average monthly temperatures in degrees Fahrenheit (°F) • Site latitude • Average monthly precipitation in inches of water • Landfill surface conditions • Soil & vegetation type for final cover (if any) The 17 calculation steps of the advanced Water Balance Method procedure are listed below. Steps 1 through 16 of the sequence calculate and confirm the ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 6 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL percolation of precipitation into the bioreactor landfill considering moisture contained in the landfill surface or final cover, surface runoff, evaporation losses, and evapotranspiration. Step 17 is very similar to Equation 1 for Method A. The only difference between Step 17 and Equation 1 is that Step 17 replaces the amount of precipitation with the amount of moisture that percolates into the waste mass. The foundation for this sequence of calculations and example spreadsheet comes directly from McBean's Solid Waste Landfill Engineering and Design. Sequence of Calculations for the Advanced Water Balance Method (Method B): Steps 1 - 5: Determine potential evapotranspiration 1 . Collect average monthly temperatures (T) in OF for the area surrounding the bioreactor landfill. Enter this information in the spreadsheet. 2. Using the monthly temperatures, determine the monthly heat index (h) for each month. Monthly heat indices can be determined using Table A.1 in the Reference Tables. For months where the temperature is less than 32 OF, set h to zero. Sum the monthly heat indices to obtain a yearly heat index (H). 3. Using the monthly temperatures and yearly heat index, find the Unadjusted Potential Evapotranspiration (UPET) for each month using Table A.2 in the Reference Tables. 4. Using the latitude at the bioreactor landfill site, find the monthly correction factor for sunlight duration (r) in Table A.3 in The Reference Tables. 5. Multiply the monthly UPET by the monthly r to result in the monthly Adjusted Potential Evapotranspiration (PET) for each month in inches of water. Steps 6 - 9: Determine amount of precipitation that infiltrates the bioreactor landfill 6. Enter the average monthly precipitation (P) in inches of water for the bioreactor landfill site. ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 7 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL 7. Enter the appropriate runoff coefficient (Cr/o) to calculate the runoff for each month. Table A.4 in The Reference Tables can be used to determine the most appropriate runoff coefficient based on the landfill surface conditions. 8. Multiply the monthly precipitation by the monthly runoff coefficient to obtain the runoff (r/o) for each month in inches of water. 9. Subtract the monthly r/o from the monthly P to obtain the monthly infiltration (1) in inches of water. Steps 10 - 13: Calculate moisture storage in the landfill surface cover material 10. Subtract the monthly PET from the monthly I to determine the moisture available for storage at the landfill surface (I - PET) in inches of water. 11 . For negative (I - PET) values only, add the (I - PET) value for the preceding month to the current month to calculate the Cumulative Water Loss (ACCWL). Begin the summation with zero accumulated water loss for the last month having a positive (I - PET) value. 12. Determine the monthly Soil Moisture Storage (ST) in inches of water for the landfill surface by following the steps outlined below: a. Determine the initial ST for the soil depth and type. Table A.5 can be used to configure the initial ST (retention) value. b. Assign the initial ST value to the months having a positive (I - PET) value, prior to months that have a negative (I - PET) value. c. Determine the ST for each subsequent month having a negative (I - PET) value. Use the monthly ACCWL values and Table A.6 to obtain the ST. d. For subsequent months having an (I - PET) value greater than or equal to zero, add the (I - PET) value for each month to the preceding month's ST. Be careful not to exceed the soil field capacity (i.e., fraction of water in the soil based on the dry weight of the soil). Enter the soil field capacity for monthly soil moisture storage if the sum exceeds the field capacity. 13. Calculate the change in the ST, or )ST, for each month in inches of water by subtracting the ST for the preceding month from the current month's ST. ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 8 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL Steps 14 - 16: Calculate actual evapotranspiration and percolation of moisture into the bioreactor landfill waste mass 14. Calculate the Actual Evapotranspiration (AET) by following the steps outlined below: a. For wet months where the (I - PET) value is greater than or equal to zero, set the AET equal to the PET. b. For dry months where the (I - PET) value is negative, use the following equation for the AET: AET = PET + ((I - PET) - )ST). This equation represents the fact that the evapotranspired amount is the amount potentially evapotranspired plus that available from excess infiltration that would otherwise add to soil moisture storage plus that available from previously stored soil moisture. 15. Calculate the monthly percolation (PERC) as follows: a. For wet months where the (I - PET) value is greater than or equal to zero, use the following equation for the PERC: PERC = ((I - PET) - )ST). b. For dry months where the (I - PET) value is negative, set the PERC equal to zero. 16. As a check for Steps 7 through 15, calculate the average monthly precipitation (P) in inches of water to be sure they match the original precipitation values entered in Step 6. The precipitation calculation is as follows: P = PERC + AET + )ST + r/o. Step 17: Estimate moisture content of the waste mass in the bioreactor landfill 17. Convert PERC from inches of moisture to kilograms of moisture per kilogram of waste (e.g., [PERC (in) * (1 ft/12 in) * (ft2 of bioreactor landfill surface) * (1 gal/0.134 ft3) * (3.78 kg/gal water)] / (total kg wet waste mass in bioreactor)). Then, estimate the potential moisture content of the waste mass, on a monthly wet weight basis, using the following equation: PMC = Lo + PERC + LA - LCH (Equation 2) ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 9 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL Where, PMC = estimated potential moisture content of the waste mass (kg moisture/kg wet waste); Lo = average amount of moisture in the initial waste added each month (kg moisture/kg wet waste); PERC = monthly percolation (kg moisture/kg wet waste); LA = amount of liquids added to the waste each month, including recirculated leachate (kg liquids/kg wet waste); and LCH = amount of leachate produced each month (kg leachate/kg wet waste). Lo, LA, and LCH should be estimated and documented similarly to Method A procedures described under Equation 1 in Section 2.1 of this attachment. The difference between Equations 1 and 2 is that Lo, LA, and LCH are monthly values per kilogram of waste in Equation 2, not total values. Therefore, for Equation 2, monthly values will need to be determined and then divided by the amount of waste added each month. 3.0 REFERENCES 1 . McBean, E.A., Rovers, F.A., and Farquhar, G.J. Solid Waste Landfill Engineering and Design. Prentice-Hall: New Jersey, 1995. Chapter 7 and Appendix C. 2. Tchobanoglous, G., Theisen, H., and Vigil, S. Integrated Solid Waste Management: Engineering Principles and Management Issues. McGraw-Hill: New York, 1993. pp. 70-73, 421-424. ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 10 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF CITY OF CORPUS CHRISTI, CEFE F. VALENZUELA LANDFILL CEFE F. VALENZUELA LANDFILL CITY OF CORPUS CHRISTI CORPUS CHRISTI, TEXAS NUECES COUNTY APPENDIX IV-E-2 REFERENCE TABLES The following tables are from the Environmental Protection Agency's memorandum in August of 2005, "Example Moisture Mass Balance Calculations for Bioreactor Landfills Attachment A: Reference Tables for Water Balance Method Calculations" at the following web address: • http://www.ePa.gov/ttnatwO1/landfill/massbalexcalc 9-15-05.0 1. Page A-2, Table A.1: Monthly Values of Heat Indices Corresponding to Monthly Mean Temperatures 2. Page A-5, Table A.2: Values of Unadjusted Daily Potential Evapotranspiration (in.) for Different Mean Temperatures and I Values 3. Page A-16, Table A.3: Mean Possible Monthly Duration of Sunlight in the Northern Hemisphere (12 Hours) 4. Page A-18, Table AA: Runoff Coefficients 5. Page A-19, Table A.5: Provisional Water Holding Capacities for Combinations of Soil and Vegetation 6. Page A-20, Table A.6: Soil Moisture Retention Table for Various Amounts of Potential Evapotranspiration for a Root Zone Water-Holding Capacity of Four Inches ATTACHMENT IV E-2 ELROP MSW MOISTURE CALCULATIONS JULY 2013 CP&Y, Inc. 11 DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF PAGE INTENTIONALLY LEFT BLANK D,,,Sig,Envelope ID'.E0604FA4-225049F2-8D28-BEAEF6D492DF Ex rani�arvc[/ ®a — uESDEN TEN � SITE T ____—_—__ R reSEE THIS SrEET • — •I,� 1j k* Pa r � \ TRENC �o 1C ` eo soe—e 'A o ClS 5 p pYo 3D , ooa r m a 0 / C 11) so wF 0 v i �� _ _______ reeNLti+____________ ____ ____ 0 IRCUT T,o MA 4� w �P SO C �'Eaxw �vp�O / —. s U o 3 / U cre z cs 6 2C -----77777------------ -- --- G o� J U B 2 15E1 15E2 2 U o POND No,3 C / ---------------------- -- ------ W W o zQ TRENCH 2 N CL 4 z Q� 2� ---- � O Q U A ti ----- -------------------- �� a reENore, An;s w�A TPEDEIAI -- o w� Q z W SITE PLAN ENLARGED SITE PLAN:INITIAL ELR DEVELOPMENT PERFORATED HDPE awe PGURE DTD HDPE PPE APPENDIX 15E SCALE IN FEET SCALE IN EEE. NOT EEL' 15 E 1 ON ALL FDT IE CELLS AS wELL D,,,Sign Envelope ID'.E0604FA4-225049F2-8D28-BEAEF6D492DF CONSULTANT'S SSIT o-02 n� BEV ``ii 2rzwzol®�.yYl P (TYP) WELL C PERFORATION, 1I fir`. ze X,' 3 6"DIA TYP GR STING PIPE WELLHEAD A&B GRADE EL PERFORATION GUIDE NOT SHOWN FOR CLARITY DISTANCE ALONG PIPE SPACING 0-180' h S OC Yq' �� / �� n T "I8C-30 D' S' SOIL BACKFILL TO SURFACE ��� �� � E M^� NOTES: SOLID SDR1T 1. PERFORATED PIPE SHALL BE COVERED WITH HDPE PIPE ��\/.\ �� �\/���� D �pHp 8 OZ/SY.GEOTE%TILE FILTER MATERIAL TO PREVENT MIGRATION OF FINES INTO PERFORATIONS. I PERFORATION DETAIL /j�/j� j // T�/jY/j� 15E.2 15E.2 NT s 4' 0" BENTONITE 9 INTERMEDIATE COVER solL WASTE (TYP) �� I 1� )l INJECTION WELL AGGREGATE 'L U STER BORE HOLE �'�'�'�� /�/�/� �'�' /�' (TYP) C y VERTICAL INJECTION^� +A WELL HEADER INJECTION WELL BACKFILL WITH OD G E TEXTILE FILTER MATERIAL d R m EXCAVATED WASTE RAPED OVER PIPE _ allU k w �O 1 PERFORATED I 1 RECIRCULATION LATERAL BUTTERFLY ­B SEE DETAIL 1 THIS SHEETVALVE E (TYP of 3) cRusHEo cLAss OR AGGREGATE / 1�; d,/ BENEATH PERFORATED PIPE �}> A RECIRCULATION TRENCH SECTION(TYP) 15E.115E.2 NTS ENO CAP J 2 VERTICAL INJECTION WELL CLUSTER DETAIL (TYP) /� /� Cn 15E 115E.2 NTS P r ' z � � y/' J F_ Q PERF SDR17 HDPE PIPE � � cE W HOLE DIAMETER:1/4 SEE DETAIL 3 THIS SHEET �F �xl l z V PERFORATION. TYP W N a PIPE IA WASTE W 2 v U U FL W O cr U W TOP OF PROTECTIVE U¢ Q 0 COVER E _ 36 DA BORE W Q � W 3 PIPE PERFORATION DETAIL B VERTICAL INJECTION WELL CLUSTER SECTION (TYP) GOURE 15E.2 15E.2 NT' 15E.1 15E.2 NTS 15E.2 V11 PEWT d 11 DocuSign Envelope III E0604FA4-225049F2-8D28-BEAEF6D492DF CONSUL.NTI GBIT sao.4�\y,To, opnoNaL HDPE LEG COLLECTION oop F_ ---------------------- TI OPONAL HDPE h q, LEE IN&BV ��� h��.;;�•Qe°> TIE-IN&BV BUND FLANCE 3"-6' PERFORATED HDPE xo off' 3 -6"SOLID HDPE GATE VALVE RE C]RCULAT]ON - DELPIPELINE SHEET SI P �?,� CLEANOU 6" SEE D ETT E Vo¢o RECIRCULATION m �3 HEADER - AGGREGATE OR OTHER PERMEABLE MATERIAL(SEE NOTE 1) APPROX 350-450 LENGTH 9 � V1 PERMEABLE BED DETAIL(TYP) _ U Q e,,, WASTE/DAILY COVER\R vAelEs(TVP) III to o w w OD o AP PRO%.100-0"WIDE DEPENDING ON LOCATION OF THE BED WITHIN THE EACH PHASE O � E MEDIA OVERLAIN ~ BY EEOTE%TILE U FABRIC � o D DELIVERY PIPELINE PERFORATIONS DETAIL o Q ti G¢ w o� O sA-� {R WASTE/DAILY COVER v o ti VS• d5 ��o Q N ¢ j PERMEABLE BED SECTION PERFORAnoN GUIDE `T,c NTsn¢ DISTANCE ALONG PIPE SPACING HOLE DIA LL w O'-180 5'OC R, LL ww 2 = W U W NOTES: J 1. GEOCOMPOSITE,GRAVEL,CRUSHED GLASS,TIRE CHIPS, SHREDDED TIRES,OR CRUSHED CONCRETE WILL RE CONSIDERED AS AN ACCEPTABLE MEDIA, O"WE 2 THE THICKNESS OF THE PERMEABLE BEDS SHALL BE 0.1-2 FEET APPENDIX 15E DEPENDING ON THE MATERIAL AND THE 0ANTITY OF MATERIAL ATT 15 EJ AVAILABLE AT THE TIME OF PLACEMENT. III PEW'd OBD DocuSign Envelope ID: E0604FA4-2250-49F2-8D28-BEAEF6D492DF Attachment E - Storage Tank Disclosure - Easements Survey Plan Map UO)W3 s v� 3o '91433 31svM 1 ands IN usIUKO Snaaoo Jo AMO g 'EY - MIRE33 9 3 to ith � a I Nta � � M i ca 'SAI a pl I it 6311 3,ZS-,it8aB0 N) ¢ C 01.9!LS 3.OZ-,9S^k9 N -, I � _OC'L9Z 3.OL�.4S N gnu—..._ Atzm � a NttI all, N N S N I a w P # §I T P yy µg Ilia I t� �2 1 tx � I Iba ra < �- LO I CN L 12 I Cefe "Push and Pack" RFP Evaluation July 28, 2020 Landfill Management Services RFP The City has two contracts with Republic Services that are expiring on January 31, 2021 • The Landfill Services Agreement (Push and Pack) • The Collection, Processing and Marketing Residential Recyclable Commodities Contract The City issued RFP #3016 for Landfill and Recycling Management Services on March 30, 2020 to select the next contractor(s). Respondents were allowed to submit proposals for landfill services, recycling services, or both Landfill Management Services RFP The Director of Contracts and Procurement oversaw the RFP process Consultants from the Nationally recognized consulting firm of Burns and McDonnell assisted in developing and issuing of the RFP A five person evaluation team was selected, to include Three from the Solid Waste Department One from the Finance Department One from the City Manager's Office Proposal Scoring Received 5 proposals in response to the Landfill Management Services RFP • Integrated Transfer Services, L.P. Fort Worth, Texas • Frontier Waste Solutions Corpus Christi, Texas • Republic Services Corpus Christi, Texas • Texas Disposal Systems Creedmoor, Texas • Waste Management of Texas San Antonio, Texas Proposal Scoring The 5 Proposals were evaluated based on the following criteria published in the RFP • Minimum Qualifications Pass/Fail • Technical Proposal 40 Points • Pricing 40 Points • Interview 20 Points The team considered the proposer's written proposals, questions asked, past performance, experience of operations personnel, and references . , Minimum Qualifications Pass/Fail Proposal Evaluation ITS FRONTIER WASTE MGT REPUBLIC TX DISPOSAL MINIMUM QUALIFICATIONS (PASS/FAIL) PASS PASS PASS PASS PASS • Required experience • 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 (40 Points Max) Proposal Evaluation ITS FRONTIER WASTE MGT REPUBLIC TX DISPOSAL TECHNICAL PROPOSAL (40 PTS) 36 30 28 22 19 Firms' Experience (15 points) • Company History and Ownership • Subcontractors • Financial Capability • Performance History— local, state and with other customers Team Experience (15 points) • Key Personnel experience and qualifications • Contractor's Representative • Communication Plan • Team members experience with work of similar scope and complexity Understanding of Project Scope (10 points) • Operating Plan • Transition Plan • Emergency/Disaster Contingency Plan ® � Proposal Pricing (40 Points Max) Proposal Evaluation ITS FRONTIER WASTE MGT REPUBLIC* TX DISPOSAL PRICING 40 PTS 40 35 23 28 0 Landfill Operation 0-249,999 tons $13.25/ton $16.00/ton $27.80/ton $28.40/ton TBN Landfill Operation 250,000—399,000 tons $10.95/ton $12.00/ton $21.25/ton $17.40/ton TBN andfill Operation 400,000+ tons I $9.70/ton $11.00/ton $17.10/ton $14.00/ton ITBN *Republic's pricing is higher if they are not awarded the recycling contract($29.82,$18.37 and$14.70/ton) Used Current and historical Landfill Tonnage of 400,000+ tons for scoring purposes RFP requested pricing for 3 Different Tonnage Ranges to get best value • 0 - 249,999 tons • 250,000 —399,000 tons • 400,000 + tons Calculate the score by dividing the low bid by the other bid and multiplying by 40 points [i.e. for Frontier ($9.70/$11.00)x40=35] . , Proposal Interview (20 Points Max) Proposal Evaluation ITS FRONTIER WASTE MGT REPUBLIC TX DISPOSAL INTERVIEW(20 PTS) 1 191 141 151 131 0 Firms' Experience (7 points) • Experience on projects of similar scope and complexity; • Demonstrated capability/capacity on comparable projects; • Past Performance and Reference Checks. Team Experience (7 points) • Team members with experience and qualifications; • Team members experience with work of similar scope and complexity; Understanding of Project Scope (6 points) • Demonstrated understanding of scope of services, • Demonstrated understanding and experience with similar service with a public agency Proposal Scoring INTEGRATED FRONTIER WASTE REPUBLIC TEXAS Proposal Evaluation TRANSFER WASTE DISPOSAL MANAGEMENT SERVICES SERVICES SOLUTIONS SERVICES MINIMUM QUALIFICATIONS(PASS/FAIL) Required experience No outstanding lawsuits during last 5 years or current litigation with the City during last 5 years PASS PASS PASS PASS PASS No outstanding regulatory issues last 5 years References Provided for firm TECHNICAL PROPOSAL (40 PTS) 36 30 28 22 19 Firms'Experience(15 pts) Team's Experience(15 pts) Understanding of Project Scope(10 pts) PRICING(40 PTS) 40 35 23 28 0 INTERVIEW(20 PTS) 19 14 15 13 0 Firms'Experience(7 pts) Team's Experience(7 pts) Understanding of Project Scope(6 pts) Totall 96 791 651 63 19 Key Points • Landfill Push and Pack Contract ends January 31, 2021 • Issued a Request for Proposals on March 30, 2020 • Evaluated 5 proposals • Recommend Integrated Transfer Services (ITS) • ITS made the best proposal • ITS is a minority owned company • ITS currently manages the Push and Pack operation for the City of Fort Worth Southeast Landfill (Twice the size of Cefe) Cefe "Push and Pack" RFP Evaluation Questions? July 28, 2020 so �o o� A v µoRPORP�g4 AGENDA MEMORANDUM 1852 City Council Meeting of July 28, 2020 DATE: July 21, 2020 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Resolution approving Bond 2020 Project List CAPTION: Resolution approving a list of street, parks, and public safety projects for the 2020 Bond Program to be considered by the voters on November 3, 2020. SUMMARY: The purpose of this Agenda Item is approve a list of street, parks, and public safety projects for the 2020 Bond Program to be considered by the voters on November 3, 2020 BACKGROUND AND FINDINGS: The City of Corpus Christi has biennially approved and implemented two-year General Obligation Bond programs that consist of citywide infrastructure projects that are approved by voters. It has been anticipated that this cycle would continue with Bond 2020. In recent months, staff has developed a project list from needs identified, in part, in the City's 10-year Capital Improvement Plan. Staff is recommending projects utilizing the following guiding principles: • Investment in Major Corridors: Support street infrastructure improvements that focus on arterial and collector streets. • Project Continuation: Complete ongoing phased or designed infrastructure projects from previous Bond Programs and the City's Street Preventative Maintenance Program. • Increase Connectivity: Improve connectivity between existing commercial areas and neighborhoods, schools, streets, sidewalks, bike facilities, drainage systems or other networks. • Increase Road Capacity for High Growth Areas: Expand roadways to accommodate current and future growth. • Leverage Match Projects: Fund projects that provide significant return on investment of City dollars with leveraged financial match from private sector resources. • Enhance Functionality of Recreational Areas: Improve regional and neighborhood parks and pools to promote recreational activities. • Major Signature Park Projects as opposed to Maintenance Projects: Invest in major City regional parks by funding large impactful new or replacement amenities as opposed to doing small scale low budgeted maintenance projects. • Improve Public Safety Facilities: Improve public safety by addressing major public safety facilities that have been neglected for decades. Provide adequate infrastructure and facilities to maintain public safety services. The Operations and Maintenance (O&M) cost is not included in the Bond 2020 Program but will be funded through the future annual operating budget process. The Bond 2020 Program will be on the election ballot in separate propositions in accordance with legal requirements. Voters will be asked to consider each of the propositions separately on November 3, 2020. ALTERNATIVES: 1. Do not approve the Resolution (Not recommended) 2. Approve an amended Resolution (Not recommended) FISCAL IMPACT: Staff coordinated the City debt management plan with City financial advisors, Estrada and Hinojosa. RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution approving a list of street, parks, and public safety projects for the 2020 Bond Program to be considered by the voters on November 3, 2020. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council hereby approves a list of street, parks, and public safety projects for the 2020 Bond Program to be considered by the voters on November 3, 2020. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Corpus Christi, Texas of , 2020 The above resolution was passed by the following vote: Rudy Garza Paulette Guajardo Michael Hunter Everett Roy Joe McComb Ben Molina Roland Barrera Greg Smith Gil Hernandez C) `'4S p'� ,., N6OOPORRy E 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 28, 2020 DATE: July 13, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Business Analysis HeatherH3@cctexas.com (361) 826-3227 Eddie Houlihan, Director of Management and Budget EddieHo@cctexas.com (361) 826-3792 Action Setting the City Council Meeting Date to Adopt the Fiscal Year (FY) 2020-2021 Budget and Property Tax Rate CAPTION: Resolution setting the date of September 8, 2020 for the public hearing and first reading of the ordinance for the adoption of the City of Corpus Christi's Fiscal Year (FY) 2020- 2021 budget; setting the date of September 8, 2020 for the public hearing and first reading of the ordinance for the adoption of the FY 2020-2021 property tax rate; and setting the date of September 15, 2020 as the date for the final action on the adoption of both the FY2020-2021 budget and property tax rate. SUMMARY: The FY 2020-2021 proposed operating budget utilizes a tax rate of $0.646264 per $100 valuation in the determination of ad valorem tax revenue for fiscal year 2020-2021 . This agenda item is needed for the City to be in compliance with the "truth-in-taxation" as it relates to the Tax Code in the event that the City's FY2020-2021 proposed tax rate exceeds the lower of the no-new-revenue tax rate or the voter-approval tax rate. BACKGROUND AND FINDINGS: The Nueces County Tax Office will be providing the City with the no-new-revenue tax rate worksheet during the first week of August. In the event that the proposed FY2020- 2021 tax rate of $0.646264 per $100 valuation exceeds the lower of the no-new- revenue tax rate or the voter-approval tax rate, the Tax Code requires the governing body to take a vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item, and the vote must be recorded. One public hearing must also be held. We are planning on holding the public hearing for the FY2020-2021 budget and proposed tax rate on September 8, 2020; as well as the first reading of the ordinance for adoption of the FY2020-2021 budget and the first reading of the ordinance for adoption of the FY2020-2021 tax rate. The vote for the final adoption of the budget and tax rate is scheduled to be held on September 15, 2020. Additionally, in compliance with the "truth-in-taxation" guidelines, the proposed property tax rate, the no-new-revenue tax rate, and the voter-approval tax rate must be published at least seven (7) days before the public hearing. We are planning on publishing in the Corpus Christi Caller-Times on August 23, 2020. The last step in the "truth-in-taxation process" will be the approval of the tax levy in October, once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: N/A FISCAL IMPACT: We anticipate generating total tax revenues of approximately $130,949,745 for the City. Of this amount, $44,467,848 is for debt service or (I&S) and the difference of $86,418,897 is for the general fund or (M&O). Of this amount, approximately $8,105,031 will be transferred to the Streets Fund for Residential Streets. FUNDING DETAIL: N/A RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution setting the date of September 8, 2020 for the public hearing and first reading of the ordinance for the adoption of the City of Corpus Christi's Fiscal Year (FY) 2020-2021 budget; setting the date of September 8, 2020 for the public hearing and first reading of the ordinance for the adoption of the FY 2020-2021 property tax rate; and setting the date of September 15, 2020 as the date for the final action on the adoption of both the FY2020-2021 budget and property tax rate. Whereas, on July 28, 2020, the City Manager delivered the proposed operating and capital budget for the 2020-2021 fiscal year to the City Council and the City Secretary; Whereas, Texas Local Government Code Section 102.006 requires the governing body to hold a public hearing on the budget and provides that the governing body shall set the budget public hearing for a date occurring after the 15th day after the date the proposed budget is filed with the municipal clerk but before the date the governing body makes its tax levy; Whereas, Texas Tax Code Section 26.04 (c) provides that after the assessor for the taxing unit submits the appraisal roll for the taxing unit to the governing body, an officer or employee designated by the governing body shall calculate the no-new revenue tax rate and the voter-approval tax rate for the taxing unit; Whereas, Texas Tax Code Section 26.05(d) provides that the governing body may not adopt a tax rate that exceeds the lower of the voter-approval tax rate or the no-new revenue tax rate until the governing body has held a public hearing on the proposed tax rate; Whereas, Texas Tax Code Section 26.05(d-1) provides that the governing body may not hold a public hearing on a proposed tax rate or a public meeting to adopt a tax rate until the fifth day after the date the chief appraiser of each appraisal district in which the taxing unit participates deliver the notices required by Section 26.04(e-2) and complied with Section 26.17(f); Whereas, Texas Tax Code Section 26.06 (a) provides that a public hearing may not be held before the fifth day after the date the notice of the public hearing is given; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The public hearing for the budget for the FY 2020-2021 will be held on Tuesday September 8, 2020 during the City Council meeting which meeting begins at 11 :30 a.m. SECTION 2. The first reading of the Ordinance to adopt the budget for the FY 2020- 2021 fiscal year is set for Tuesday September 8, 2020 during the City Council meeting which begins at 11 :30 a.m. SECTION 3. The public hearing for the proposed tax rate will be held on Tuesday September 8, 2020 during the City Council meeting which meeting begins at 11 :30 a.m. SECTION 4. The first reading of the Ordinance to adopt the tax rate is set for Tuesday September 8, 2020 during the City Council meeting which begins at 11 :30 a.m. SECTION 5. The second and final reading of the Ordinance for the adoption of the FY 2020-2021 budget is set for Tuesday September 15, 2020 during the City Council meeting which meeting begins at 11 :30 a.m. SECTION 6. The second and final reading of the Ordinance for the adoption of the tax rate is set for Tuesday September 15, 2020 during the City Council meeting which meeting begins at 11 :30 a.m. 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 so G� NowPORAz4AGENDA MEMORANDUM 1852 Public Hearing and Action Item for the City Council Meeting of July 28, 2020 DATE: July 6, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police m ikema(a)cctexas.com 361-886-2603 Public Hearing Approving Fiscal Year 2020-2021 Corpus Christi Crime Control District Budget CAPTION: Resolution approving the Corpus Christi Crime Control District budget for FY 2021 beginning October 1, 2020 and ending September 30, 2021 with revenues in a total amount of $6,817,421 .00 and expenditures in a total amount of $7,560,613.00 to fund 63 authorized Police sworn personnel and appropriating $7,560,613.00 in the Crime Control and Prevention District Fund. SUMMARY: Hold a public hearing and approve the Crime Control and Prevention District FY2020/2021 budget as mandated by State law governing this type of district. BACKGROUND AND FINDINGS: Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. On November 4, 1997, the voters established the Crime Control and Prevention District for 5 years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, on April 14, 2007 for ten years and on November 8, 2016 for ten years. This continues the 1/8th-cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The proposed $7.5 million budget provides funding for 63 officers, 5 replacement vehicles, and equipment to support both. Texas Government Code, Subchapter E Section 363.205(a) requires a public hearing to be held on the budget no later than the 45th day before the date each fiscal year begins and section 363.205(d) requires the governing body of the district approve or reject the budget no later than the 30th day before the date each fiscal year begins The Crime Control and Prevention District held a public hearing on June 17, 2020 and the Board adopted the budget on the same day. The budget must now be submitted to City Council for approval. City Council must hold a public hearing in accordance with notice and all other procedures required by law. ALTERNATIVES: None OTHER CONSIDERATIONS: None FISCAL IMPACT: This item represents $6,817,421 .00 in revenues to support $7,560,613.00 in expenditures which will allow funding for 63 authorized sworn police officers for FY 2021 Crime Control District Budget. The revenue shortfall will be supplemented by the Crime Control Fund Balance. RECOMMENDATION: Staff recommends approving the budget. LIST OF SUPPORTING DOCUMENTS: Resolution Budget adopted by the Crime Control and Prevention District Board of Directors Resolution approving the Corpus Christi Crime Control District budget for FY 2021 beginning October 1, 2020 and ending September 30, 2021 with revenues in a total amount of$6,817,421.00 and expenditures in a total amount of$7,560,613.00 to fund 63 authorized Police sworn personnel and appropriating $7,560,613.00 in the Crime Control and Prevention District Fund. Whereas, the Crime Control and Prevention District Board held a public hearing on June 17, 2020 and the Board adopted FY 2020-2021 budget on the same day; and Whereas, the City Council of the City of Corpus Christi held a public hearing on the budget adopted by the board on July 28, 2020; and Whereas, the notice of the Public hearing was published in a newspaper of general circulation in the district not later than 10 days before the hearing. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS Section 1. The FY 2021 budget for the Corpus Christi Crime Control and Prevention District is approved. Section 2. $7,560,613 is appropriated for expenditures in the Crime Control and Prevention District Fund. 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 Crime Control & Prevention IFY 118 - 2019 Actual Revenues & Expenditures IFY 1 2020 Year End Revenue & Expenditure IFY 2020 - 2021 Proposed Budget Actuals Amended Estimated Proposed Account Description2018 - 2019 1 1 1 2019 - 2020 2020 - 202 Beginning Balance $ 4,329,302 $ 5,096,601 $ 5,096,601 $ 4,069,815 Revenues Sales Tax $ 7,479,913 $ 7,476,031 $ 6,195,213 $ 6,796,901 Interest on Investments 79,684 64,000 51,303 20,520 Net Inc./Dec. in FV of Investments 5,101 - - - Transfer from other Fund - HRSOT - - 29,318 - Sale of Scrap/City Property 9,044 - - - Total Current Revenues 7,573,742 7,540,031 6,275,834 6,817,421 Total Funds Available 11,903,044 12,636,632 11,372,435 10,887,236 Expenditures Police Officer Costs 6,806,443 7,160,484 6,822,792 6,962,946 Police Officer Trainee Intern - - - - Pawn Shop Detail - - - - Public Safety Vehicles & Equipment - 534,964 479,828 497,667 Police Academy Costs - - - - Election Costs - - - - Juvenile Assessment Center - - - - Crime Prevention - - - - Juvenile City Marshals - - - - Reserve Appropriation - 100,000 - 100,000 Total Expenditures 6,806,443 7,795,448 7,302,620 7,560,613 Ending Balance 5,096,601 4,841,184 4,069,815 3,326,623 Surplus/(Deficit) 767,299 (255,417) (1,026,786) (743,192) Crime Control & Prevention District Police Officer Costs - 11711 Proposed Expenditure Budget DescriptionActuals Amended Estimated Proposed Account 1ILS - 2019 20192020 2019 - 2020 2020 - 202 Salaries and Wages 3,751,580 3,628,810 3,626,674 3,707,512 For 61 police officers and 2 Lieutenants Overtime 253,092 332,229 322,554 332,229 For 61 police officers and 2 Lieutenants Other Pay 205,316 225,000 219,283 225,000 Vacation buy back, sick leave buy back & add pays per contract Retirement 1,324,336 1,365,167 1,145,000 1,123,333 Texas Municipal Retirement System 18.69%, FICA 6.2%, Medicare 1.45% Group Insurance Benefits 844,101 938,712 923,312 985,648 Health insurance Other Employee Benefits 34,953 36,396 20,517 37,124 Disability, life insurance, unemployment, druq testinq, wellness proqram Chemical/Household Supplies - 300 - 300 First aid kits, sunscreen Clothing 35,523 65,318 13,572 65,000 Uniforms, leather gear, badge, hatshield, name taq, patches Fuel & Lubricants 66,802 75,000 73,759 75,000 Fuel for 5 vehicles Food and Food Supplies 28 1,000 - 1,000 Food for canine Minor Tools& Equipment 86,491 262,981 275,129 191,000 Body armor, patrol rifles, ammunition, Sam Brown belts, holster, nitestick, pepper spray, pistol, reflector vest, flashlight Office Supplies 1,184 1,200 - 1,200 General use by Uniform Division Maintenance & Repairs - 300 - 300 If needed on equipment Professional Services - 2,500 998 2,500 Hepatitus B vaccines, vet services for canine, sales tax audit Vehicle Repairs - 300 - 300 If needed on vehicles Telephone/Telegraph Service 6,608 17,799 4,477 17,449 36 Cell phones for Lieutenants, Directed Patrol Officers Equipment Maintenance - 1,000 - 1,000 If needed on equipment Police Supplemental Insurance 6,407 7,440 6,930 7,560 City contribution to My TeleMedicine per contract Police Vision Insurance 5,166 6,720 5,236 6,720 City contribution to Vision insurance per contract Sworn Employee - Dental 26,385 33,840 26,880 24,300 City contribution to Dental insurance per contract Travel - - - Self Insurance Allocation 158,473 158,472 158,472 158,472 see detail below 6,806,443 7,160,484 6,822,792 6,962,946 FTES: FY 2013/2014 - 50 Police Officers FY 2014/2015 - 63 Police Officers FY 2015/2016 - 63 Police Officers FY 2016/2017 - 63 Police Officers FY 2017/2018 - 63 Police Officers FY 2018/2019 - 63 Police Officers FY 2019/2020 - 63 Police Officers FY 2020/2021 - 63 Police Officers General Liability provides funding for insurance that covers vehicles, mobile equipment, property, buildings via general liability &excess liability insurance, fleet catastrophic insurance, auto physical damage insurance, and etc. Workers Compensation pays for costs associated with work-related injuries. The program also provides funding to educate the workforce on safe work habits, develop safety programs& initiatives, and provide employees with training on the proper use of equipment &on how to protect themselves while working for the city. Risk Administration costs provide funding for the staff responsible for identifying the risk of loss faced by the City and developing cost effective strategies to avoid, prevent, transfer and finance such losses. The Risk Management Division is responsible for procuring insurance, administering general and auto liability claims, the workers' compensation process and the safety needs of the organization city-wide. Litigation Support costs are based on the salaries of the city attorneys and claim adjusters assigned to perform work on issues&cases associated to the Risk Management Department. Crime Control & Prevention Public Safety Vehicles & Equipment Proposed Expenditure Budget Actuals • • Estimated Proposed Account Description118 - 2019 20192020 2019 - 2020 20202021 Minor Tools & Equipment - 200,000 200,000 200,000 Computer Equipment and software - - - - Professional Services - - - - Interdepartmental - services - - - - Vehicles & Machinery - 334,964 279,728 297,667 Improvements Other than Building - - 100 - Other Equipment - - - - Totals 0 534,964 479,828 497,667 FY 2014/2015 - 4 additional vehicles FY 2015/2016 - 6 replacement vehicles FY 2016/2017 - 4 replacement vehicles FY 2017/2018 - 0 replacement vehicles FY 2018/2019 - 3 replacement vehicles FY 2019/2020 - 3 replacement vehicles FY 2020/2021 - 5 replacement vehicles Crime Control & Prevention Reserve Appropriation - : 1111 Proposed Expenditure Budget Actuals Amended Estimated Proposed Account Description118 - 2019 20192020 2019 - 2020 20202021 Reserve Appropriation - 100,000 - 100,000 Totals - 100,000 - 100,000 so co o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of July 28, 2020 1852 Second Reading for the City Council Meeting of August 11, 2020 DATE: July 13, 2020 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Ordering a General Election to elect Mayor and Eight Council Members November 3, 2020 CAPTION: Ordinance ordering a general election to be held on November 3, 2020, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary, on December 15, 2020; authorizing execution of a Joint Election Agreement with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. SUMMARY: This ordinance will allow for a general election to be held on November 3, 2020 to elect a mayor and eight council members; and allow the City to enter into a joint election agreement with Nueces County. BACKGROUND AND FINDINGS: Per the City Charter, the regular election of the mayor and eight council members shall be held on the November uniform election date of even-numbered years as authorized by State law. In the past, the City has conducted a joint election with Nueces County. ALTERNATIVES: None. FISCAL IMPACT: Based on the most recent final actuals for the 2018 general election and 2018 runoff election, and because of the unknowns related to the COVID-19 pandemic, in FY 2021, staff has budgeted a conservative amount of$200,000 for the general election and $150,000 for the runoff election, if necessary. Funding Detail: Fund: 1020 Organization/Activity: 10020 City Secretary's Office Mission Element: 714 Project # (CIP Only): N/A Account: 530000 Professional Services Note: Will be paid in FY 2021. RECOMMENDATION: Approval of the ordinance. SUPPORTING DOCUMENTS: Ordinance Joint Election Agreement— Nueces County Ordinance Ordering a general election to be held on November 3, 2020, in the City of Corpus Christi for the election of Mayor and Eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary, on December 15, 2020; authorizing execution of a Joint Election Agreement with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. WHEREAS, the City Charter provides for the holding of a regular City election for Mayor and Council Members in the City of Corpus Christi, on the November Uniform Election Date in even- numbered years as authorized by State law, the same being November 3, 2020; with a runoff election, if one is necessary; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, and other provisions of the election Code provide for notice, appointment of election officers to hold the election; and other matters related to the holding of the election; WHEREAS, Nueces County will also be conducting an election on November 3, 2020; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A regular City election (hereinafter the "Election") for a Mayor and eight Council Members shall be held in the City of Corpus Christi, Texas on Tuesday, November 3, 2020. A runoff election shall be held, if one is necessary, on December 15, 2020. SECTION 2. At the Election, all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The names of candidates for the office of Mayor and the names of candidates for the office of the City Council members shall be placed on said ballot in manner and form prescribed by law. SECTION 4. The Hart InterCivic Verity direct recording equipment (DRE) shall be employed at the Election in accordance with the Texas Election Code and the Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as set forth on Attachment A hereto incorporated by reference and made part of this ordinance. The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a. m. to 7: 00 p.m. on the date of the Election. SECTION 5. The City Secretary, or her designee, in coordination with the Nueces County Clerk (the Election Official) or the designee thereof, as necessary or desirable, will identify and formally approve the appointment of the Presiding Judges, Alternative Presiding Judges, Election Clerks, and all other election officials, together with any necessary changes to election practices and procedures and can correct, modify, or changes the Attachments to this Ordinance based upon 1 the final locations and times agreed upon by the Election Official and the City to the extent permitted by applicable law. SECTION 6. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. The City Secretary is directed to provide such demographic data and information as required by law. SECTION 7. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places set forth in Attachment B, incorporated by reference and made a part of this ordinance (said Attachment B to be approved and attached when the temporary branch polling places are determined by Nueces County) hereby established as follows. Each branch polling place and the main early voting polling place shall serve all Election precincts. SECTION 8. The City Secretary is directed to post and publish such election notices as are required by the election laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State including not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 9. The Election is expected to be conducted in accordance with an agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 3, 2020, (which shall be approved and attached hereto as Attachment C and incorporated herein). The City Manager or designee is authorized to execute a Joint Election Agreement with Nueces County for the conduct of the election in accordance with this ordinance. The terms of the Agreement will be consistent with the terms of the 2018 Joint Election Agreement. The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations. SECTION 10. By approving and signing this ordinance, the Mayor officially confirms and orders as the Mayor's actions all matters recited in this ordinance which by law come within the Mayor's jurisdiction. SECTION 11. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein 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 of its purpose. 2 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 3 �o o& AGENDA MEMORANDUM First Reading Ordinance for the Council Meeting of July 28, 2020 ONCORPOBPI Second Reading Ordinance for the City Council Meeting of August 11, 2020 1852 DATE: July 15, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director, Development Services Alraymond(a-)-cctexas.com (361)826-3575 Richard Martinez, Director, Public Works Richard m5(a)-cctexas.com (361) 826-3419 Acceptance of grant funding for La Volla Creek Drainage improvement projects, appropriating City matching funds, designating authorized signatories, and amending the budget. CAPTION: Ordinance authorizing acceptance and appropriation of a grant for $7,234,755 in Community Development Block Grant Disaster Recovery("CDBG-DR") funding from the Texas General Land Office to construct the Airport Tributary Detention Pond project; authorizing acceptance and appropriation of a sub-grant award of $163,244 from the Texas Division of Emergency Management (TDEM) Hazard Mitigation Grant Program for the La Volla Creek Drainage Improvement Phase I project; appropriating an additional $8,636,006 ($7,600,000 for the CDBG- DR grant and $1,036,006 for the TDEM sub-grant) as City matching funds from the Stormwater Capital Improvements Program; amending the budget; and designating authorized signatories for contractual and financial documents pertaining to the CDBG-DR Grant Contract No. 20-065-133- C445. SUMMARY: There are two grants being considered for acceptance and appropriation for flood mitigation in the La Volla Creek Drainage Basin. One is the Hazard Mitigation Grant Program administered by Texas Department of Emergency Management on March 11, 2020. This grant is for design and construction of four additional relief culverts at North Padre Island Drive to eliminate a current choke point. The second one is for the La Volla Creek Community Development Block Grant-Disaster Recovery "CDBG-DR" administered by the General Land Office. This grant is for design, land acquisition, and construction of a 130-acre detention pond near the confluence of La Volla Creek and Airport Tributary. The third item being considered is designation of Signatories to designate authorized signatories for contractual and financial documents related to the CDBG-DR grant which is a requirement by the Texas General Land Office for the administration of the grant. BACKGROUND AND FINDINGS: Consideration for acceptance and appropriation for two flood mitigation grants in the La Volla Creek Drainage Basin. The City received sub-grant award notice for the Hazard Mitigation Grant Program administered by Texas Department of Emergency Management on March 11, 2020. ■ Grant is for design and construction of four additional relief culverts at North Padre Island Drive to eliminate a current choke point. ■ Grant award for phase I, environmental and design, is $163,244. ■ City will provide matching funds in the amount of$1,036,006 ■ Upon completion of Phase I, TDEM will award the remaining $4,335,256 for Phase II construction. ■ Total City matching for phase II will be approximately $4.7M ■ Project provides relief for La Molina and other surrounding subdivisions. The City received executed contact for the La Volla Creek Community Development Block Grant-Disaster Recovery "CDBG-DR" administered by the General Land Office grant on June 17, 2020. ■ Grant is for design, land acquisition, and construction of a 130-acre detention pond near the confluence of La Volla Creek and Airport Tributary (Robles St.). ■ Grant award for Phase I and II is $7,234,755 ■ City will provide matching funds in the amount of$7,600,000 ■ The project will provide protection for Greenwood WWTP, Las Colinas Subdivision and other areas along La Volla Creek. Additionally, also included is consideration for designation of authorized signatories for contractual and financial documents related to the CDBG-DR grant which is a requirement by the Texas General Land Office for the administration of the grant. ■ It designates the City Manager, Assistant City Managers, and City Manager's designee for contractual documents and Director of Finance, Comptroller and City Manager's designee for financial documents. ALTERNATIVES: Do not accept the grant. FISCAL IMPACT: Capital funding identified as a match are included in the Adopted FY2020 Capital Improvement Program. Funding Detail: HMGP CDBG-DR Matching Fund Matching Fund 4532 Stm Water 2020 4532 Stm Wtr 2020 Organization/Activity: E10200 01 4532EXP Organization/Activity: E10200 01 4532EXP Mission Element: 043 Mission Element: 043 Project # (CIP Only): E10200 La Volla Creek Project # (CIP Only): E10200 La Volla Creek Drg Channel Excavation Drg Channel Excavation Account: 550910— Construction Contract Account: 550910— Construction Contract Revenue and Expense Revenue and Expense Fund: 1075 Fund: 1075 Organization/Activity: 840002F Organization/Activity: 840001F Mission Element: Mission Element: N/A Project # (CIP Only): Project # (CIP Only): N/A Account: 304763 Account: 530000 RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance TDEM Award letter CDBG-DR contract Ordinance authorizing acceptance and appropriation of a grant for $7,234,755 in Community Development Block Grant Disaster Recovery ("CDBG-DR")funding from the Texas General Land Office to construct the Airport Tributary Detention Pond project; authorizing acceptance and appropriation of a sub-grant award of $163,244 from the Texas Division of Emergency Management (IDEM) Hazard Mitigation Grant Program for the La Voila Creek Drainage Improvement Phase I project; appropriating an additional $8,636,006 ($7,600,000 for the CDBG-DR grant and $1,036,006 for the TDEM sub-grant) as City matching funds from the Stormwater Capital Improvements Program; amending the budget; and designating authorized signatories for contractual and financial documents pertaining to the CDBG-DR Grant Contract No. 20- 065-133-C445. WHEREAS, the City of Corpus Christi ("City") has received a Hurricane Harvey Infrastructure Community Development Block Grant - Disaster Recovery ("CDBG-DR") Program award, in addition to a sub-grant award from the Texas Emergency Management Division, to provide flood and drainage facilities; WHEREAS, it is necessary to appoint persons to execute contractual and financial documents from the Texas General Land Office; WHEREAS, a signed original of the CDBG-DR Depository/Authorized Signatories Designation Form is to be submitted to the Texas General Land Office with a copy of this ordinance; and WHEREAS, the City acknowledges that, in the event an authorized signatory of the City changes, the City must provide the Texas General Land Office with an amended ordinance and Depository/Authorized Signatories Designation Form. 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 and appropriate a grant for $7,234,755 in Community Development Block Grant Disaster Recovery("CDBG-DR")funding from the Texas General Land Office to construct the Airport Tributary Detention Pond project and a subgrant award for $163,244 from the Texas Division of Emergency Management ("TDEM") sub-grant award forthe La Volla Creek Drainage Improvement Phase I project. The CDBG-DR grant funds are appropriated in the Stormwater Grant Fund No.1075, Accounting No. 530000, Activity 840001 F, and the TDEM grant funds are appropriated in the Stormwater Grant Fund No. 1075, Accounting No. 530000, Activity 840002F. SECTION 2. Additionally, matching funds totaling $8,636,006 ($7,600,000 for the CDBG- DR grant and $1 ,036,006 for the TDEM sub-grant)are appropriated in Capital Stormwater Fund No. 4532. SECTION 3. Revenues and expenditures in the amount of $7,397,999 are increased in the Stormwater Grant Fund. The FY2020 Capital Budget adopted by Ordinance No. 031870 is amended by increasing expenditures by $6,636,006. SECTION 4. The City Manager, Assistant City Managers, and the City Manager's designee are authorized to execute contractual documents between the Texas General Land Office and the City for Hurricane Harvey - Community Development Block Grant — Disaster Recovery Program Contract No. 20-065-133-C445. SECTION 5. The Director of Finance & Business Analysis, Controller, and the City Manager's designee are authorized to execute financial documents between the Texas General Land Office and the City for Hurricane Harvey - Community Development Block Grant - Disaster Recovery Program Contract No. 20-065-133-C445. Page 2 of 3 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 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: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 3 of 3 ���PS 41VNS/pNpc` THE TEXAS A&M UNIVERSITY SYSTEM cr MAN�G���2 March 11, 2020 Mr. Peter Zanoni City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78401 RE: Sub-Grant Award Dear Mr. Zanoni: The Texas Division of Emergency Management (IDEM) has issued a sub-grant for the Hazard Mitigation Grant Program, DR-4332 Hurricane Harvey. The following is the information related to this award: Sub-Recipient Information: DUNS Number: 069457786 TINS Number: 74-6000574 FIPS Number: 355-17000-00 Award Information: Catalog of Federal Domestic Assistance: 97.039 HMGP FEMA Project Number: DR-4332-174 Project Title: City of Corpus Christi La Volla Creek Drainage Improvement (Phase 1) Period of Performance (POP): 02/18/2020 — 02/18/2021 Total Federal Federal Local Cost Local Cost Version Date Subgrant Cost Share Cost Share Share Amount Percentage Share percentage Amount Amount 0 02/18/2020 $1 ,199,250.00 14% $163,244.00 F 86% $1 ,036,006.00 Please Note: This award is not for research or development as defined in 2 Code of Federal Regulations (C.F.R.) § 200.87. The approved Scope of Work (SOW) follows and the terms and conditions of this award are attached. It is important that the sub-recipient read, understand and comply with the P.O. Box 15467 Austin, 78761 24 Hours: 512-424-2208, Fax 512-424-2444 Page 2 DR-4332-174 Award Letter SOW and all terms and conditions. It is also vital that this information be disseminated to sub-recipient's staff and contractors involved in work related to this project. The City of Corpus Christi Drainage Improvement project proposes to add four (4) 12'x 7' box culverts at North Padre Island Drive and Airport Tributary Number 1 . The existing three (3) box culverts will remain in place and four (4) culverts will be added to each side. Minor channel enhancements will be made to the additional culverts. Limited up and down stream right-of-way acquisition will be provided to allow for construction of the box culverts. Existing Corpus Power and Light (CPL) poles will be temporarily and permanently relocated to allow for the construction of the boxes. Other utilities encountered will be adjusted as required. The Activity Completion Timeframe for Phase I of this project is 12 months from the date of this letter. All activities specified in the SOW should be completed and all Phase I deliverables submitted to FEMA no later than February 18, 2021 . In accordance with HMGP rules and policy, we will require the submittal of all closeout documentation, if the project is deemed unfeasible or not cost effective, within 90-days, no later than May 19, 2021 . The sub-recipient shall deliver to FEMA through the Recipient for review and comment the following: 1 . Revised SOW for Phase II construction 2. Revised work schedule for Phase 11 construction 3. Revised budget estimate and budget narrative for each line item of Phase 11 construction 4. Updated benefit cost analysis (BCA) and .zip file supported by the water surface elevation calculated from the Hydraulic & Hydrologic (H&H) study with supporting documents 5. Full set of detailed construction drawings and design calculations; signed and sealed 6. Annual project maintenance cost for the useful life of the improvements 7. H&H study and depth damage calculations for each structure, before and after mitigation (including Airport Tributary damages for the La Molina and Las Colonias areas, and other affected areas as a stand-alone project without the detention pond) 8. Documentation of the FEMA data and verification that data is the best available Page 3 DR-4332-174 Award Letter 9. Documentation of the water surface elevation, if using FEMA data 10. Permitting under the Clean Water Act with USACE, if required 11 . Results of the H&H study to support FEMA's compliance under EO 11988 for Floodplain Management 12. A copy of the submitted State Historic Preservation Office (SHPO) consultation package and the SHPO response letter to approve Phase 11. If the SHPO requests an archeological survey, that survey should be conducted during Phase I After acceptance of the Phase I deliverables, you may receive notification and funding to proceed with Phase 11 of the project. The provision of Phase I funds has been determined to be Categorically Excluded (CATEX) in accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01- 001-01; CATEX A7 from the need to prepare either an Environmental Impact Statement or Environmental Assessment. No extraordinary circumstances in accordance with DHS Instruction 023-01-001-01 have been identified regarding this action. This CATEX only covers the Phase I portion of this project. The applicant must re-submit the Phase 11 construction portion of the project to FEMA prior to the start of construction for evaluation under the National Environmental Policy Act (NEPA) and other relevant laws and executive orders. Signing and returning this award letter indicates sub-recipient's acceptance of the scope of work of the sub-award, the ability to pay the local cost share and all grant terms and conditions outlined in the attached documents. The sub-recipient must ensure that: 1 . The initial quarterly progress report for the project is submitted at the end of the approving quarter. Please include the project number (provided above) in your future quarterly reports. Note that 44 C.F.R. § 206.438(c) indicates the State must provide a quarterly progress report to FEMA indicating the status and completion date for each project funded. The report must include any problems or circumstances affecting completion dates, SOW, or project cost that may result in non-compliance with the approved grant conditions. 2. In accordance with HMGP rules and policy, TDEM requires the submittal of all closeout documentation within 90-days of the project completion not to exceed the POP. The Governor's Authorized Representative (GAR) "shall certify that Page 4 DR-4332-174 Award Letter reported costs were incurred in the performance of eligible work, that the approved work was completed and that the mitigation measure is in compliance with the provisions of the FEMA-State Agreement" in accordance with 44 C.F.R. § 206.438(d). If changes are needed to the SOW for the sub-award, period of performance or costs associated to the sub-award, the sub-recipient should immediately contact TDEM. No change to the sub-award will be considered approved until the sub-recipient is notified in writing by TDEM. This signed and dated award letter and attached grant terms and conditions must be returned to TDEM before payment on the sub-award can be processed. Your signature is required below and on the last page of the attached grant terms and conditions. You must also initial each exhibit on the last page of the grant terms and conditions. Please sign, date, and return both the award letter along with the attached grant terms and conditions acknowledging acceptance of this sub-award to the address below: Texas Division of Emergency Management PO Box 15467 Austin, TX 78761 Peter Zanoni Date Should you wish to appeal any determination related to this sub-award you must do so within 60 days of receipt of the notice of the action. You will need to provide your appeal with any documentation supporting your position to your assigned TDEM project officer within the allotted time. Page 5 DR-4332-174 Award Letter If you have any questions please contact your Mitigation Coordinator, Joseph Quilantan, at 956-261-2109 or Joseph.Quilantan@tdem.texas.gov. Respectfully, i W .Nim Kidd, MPA, CEM® Chief - Texas Division of Emergency Management Vice Chancellor for Disaster and Emergency Services The Texas A&M University System ATTACHMENTS: Grant Terms and Conditions CATEX Memorandum EHP Phase I Considerations cc: Martha Messer, Chief Accountant Billy Delgado, Emergency Management Coordinator Suellen Jordan, Grant Writer Jennifer Boyd, Grant Writer GRANT TERMS AND CONDITIONS This Grant Agreement (consisting of these terms and conditions and all exhibits) is made and entered into by and between the Texas Division of Emergency Management (TDEM), an agency of the State of Texas, hereinafter referred to as "TDEM," and the grant recipient, CITY OF CORPUS CHRISTI, hereinafter referred to as the "Subrecipient." Furthermore, TDEM and the Subrecipient are collectively hereinafter referred to as the "Parties." All subawards made under this grant agreement are subject to the same terms and conditions below. Subrecipient may not assign or transfer any interest in this Grant without the express, prior written consent of TDEM and DHS/FEMA. a. The term Recipient and pass-through entity have the same meaning as "Grantee," as used in governing statutes, regulations, and DHS/FEMA guidance. b. A Recipient is also a "non-federal entity" for grants administration purposes. c. A Subrecipient is also known as a "Subgrantee" as used in governing statutes regulations and DHS/ FEMA guidance. d. A Subrecipient is also a "non-federal entity" for grants administration purposes. e. The "Grant" referred to in this agreement is a subgrant to the Subrecipient passed thru from TDEM to the Subrecipient. f. Certifying Official will be the Mayor, Judge, or Executive Director authorized to execute these grant terms and conditions, and to submit changes of Subrecipient Agents. f. Projects and any subsequent versions for those projects accepted by the Subrecipient and subsequently obligated or deobligated by DHS/FEMA are considered subawards to this grant agreement. A. Standard of Performance. Subrecipient shall perform all activities as approved by TDEM. Any change to a project shall receive prior written approval by TDEM and, if required, by FEMA. Subrecipient shall perform all activities in accordance with all terms, provisions and requirements set forth in this Grant, including but not limited to the following Exhibits: 1. Assurances— Non-Construction Programs, hereinafter referred to as "Exhibit A" 2. Assurances— Construction Programs, hereinafter referred to as "Exhibit B" 3. Certifications for Grant Agreements, hereinafter referred to as "Exhibit U 4. State of Texas Assurances, hereinafter referred to as "Exhibit D" 5. Environmental Review Certification, hereinafter referred to as "Exhibit E" 6. Additional Grant Conditions, hereinafter referred to as "Exhibit F" 7. Additional Grant Certifications, hereinafter referred to as "Exhibit G" 8. Request for Information and Documentation referred to as "Exhibit H" B. Failure to Perform. In the event Subrecipient fails to implement and complete the project(s) approved and awarded, or comply with any provision of this Grant, Subrecipient shall be liable to TDEM for an amount not to exceed the award amount of this Grant and may be barred from applying for or receiving additional DHS/FEMA grant program funds Page 1 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS or any other grant program funds administered by TDEM until repayment to TDEM is made and any other compliance or audit finding is satisfactorily resolved, in addition to any other remedy specified in this Grant. Failure to timely implement and complete projects may reduce future funding in additional DHS/FEMA and/or other grant programs administered by TDEM. C. Funding Obligations. TDEM shall not be liable to Subrecipient for any costs incurred by Subrecipient that are not allowable costs. 1. Notwithstanding any other provision of this Grant, the total of all payments and other obligations incurred by TDEM under this Grant shall not exceed the total cumulative award amounts listed on the Subawards (projects and subsequent versions). 2. Subrecipient shall contribute the match funds listed on the subaward. Subrecipient shall refund to TDEM any sum of these Grant funds that has been determined by TDEM or DHS/FEMA to be an overpayment to Subrecipient or that TDEM determines has not been spent by Subrecipient in accordance with this Grant. No refund payment(s) shall be made from local, state or federal Grant funds unless repayment with Grant funds is specifically permitted by statute or regulation. Subrecipient shall make such refund to TDEM within thirty (30) calendar days after TDEM requests such refund D. Performance Period. The performance period for this Grant is listed on the subaward letter for each project. All aroiects shall be comaleted within the aerformance aeriod AND all reimbursement reauests shall be submitted to TDEM within 60 days of the end of the aerformance aeriod. Subrecipient shall have expended all Grant funds and submitted reimbursement requests, invoices and any supporting documentation to TDEM within 60 days of the end of the performance period. TDEM shall not be obligated to reimburse expenses incurred after the performance period or submitted after the deadline. E. Uniform Administrative Reauirements, Cost Princiaals and Audit Reguirements. Except as specifically modified by law or this Grant, Subrecipient shall administer this Grant through compliance with the most recent version of all applicable laws and regulations, including but not limited to DHS program legislation, Federal awarding agency regulations, and the terms and conditions of this Grant. A non-exclusive list is provided below [not all may apply in every projects]: • Public Law 93-288, as amended (Stafford Act) • 44 CFR, Emergency Management and Assistance • Disaster Mitigation Act of 2000 • OMB Regulations 2 CFR, Grant and Agreements • Executive Order 11988, Floodplain Management • Executive Order 11990, Protection of Wetlands • Executive Order 12372, Intergovernmental Review of Programs and Activities • Executive Order 12549, Debarment and Suspension • Executive Order 12612, Federalism • Executive Order 12699, Seismic Design • Executive Order 12898, Environmental Justice • Coastal Barrier Resources Act, Public Law 97-348 • Single Audit Act, Public Law 98-502 • Sandy Recovery Improvement Act publications Page 2 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS • 16 U.S.C. § 470, National Historic Preservation Act • 16 U.S.C. § 1531, Endangered Species Act References • FEMA program publications, guidance and policies F. State Reguirements for Grants. Subrecipient shall comply with all other federal, state, and local laws and regulations applicable to this Grant including but not limited to the laws and the regulations promulgated in Texas Government Code, Chapter 783, Uniform Grant and Contract Management, (UGMS) at:_ http://www.window.state.tx.us/procurement/catrad/ugms.pdf and the program State Administrative Plan, available at: https://grants.tdem.texas.gov Subrecipient shall, in addition to the assurances and certifications, comply and require each of its subcontractors employed in the completion of the project to comply with all applicable statutes, regulations, executive orders, OMB circulars, terms and conditions of this Grant and the approved application. Grant funds may not be awarded to or expended by any entity which performs political polling. This prohibition does not apply to a poll conducted by an academic institution as part of the institution's academic mission that is not conducted for the benefit of a particular candidate or party. Grant funds may not be expended by a unit of local government unless the following limitations and reporting requirements are satisfied: 1. Texas General Appropriations Act, Art. IX, Parts 2 and 3, except there is no requirement for increased salaries for local government employees; 2. Texas Government Code Sections 556.004, 556.005, and 556.006, which prohibits using any money or vehicle to support the candidacy of any person for office, influencing positively or negatively the payment, loan, or gift to a person or political organization for a political purpose, and using Grant funds to influence the passage or defeat of legislation including not assisting with the funding of a lobbyist, or using Grant funds to pay dues to an organization with a registered lobbyist; 3. Texas Government Code Sections 2113.012 and 2113.101, which prohibits using Grant funds to compensate any employee who uses alcoholic beverages on active duty and Subrecipient may not use Grant funds to purchase an alcoholic beverage and may not pay or reimburse any travel expense for an alcoholic beverage; 4. Texas General Appropriations Act, Art. IX, Section 6.13, which requires Subrecipient to make every effort to attain key performance target levels associated with this Grant, including performance milestones, milestone time frames, and related performance reporting requirements; and 5. General Appropriations Act, Art. IX, Sections 7.01 and 7.02, and Texas Government Code §2102.0091, which requires that this Grant may only be expended if Subrecipient timely completes and files its reports. G. Restrictions and General Conditions. 1. Use of Funds. DHS/FEMA Grant funds may only be used for the purposes set forth in this Grant, and shall be consistent with the statutory authority for this Grant. Grant funds may not be used for matching funds for other Federal grants/cooperative agreements, lobbying, or intervention in Federal regulatory or adjudicatory proceedings. In addition, Page 3 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS Federal funds may not be used to sue the Federal government or any other government entity. 2. Federal Employee Prohibition. Federal employees are prohibited directly benefiting from any funds under this Grant. 3. Points of Contacts.Within 10 calendar days of any change, Subrecipient shall notify TDEM of any change in designated of Subrecipient Agents as submitted during the execution of this agreement, and any subsequent changes submitted by Subrecipient. In the event a Subrecipient hires a consultant to assist them with managing its Public Assistance grants, they must be listed on the Designated Subrecipient Agent Form. TDEM will direct all correspondence to the Subrecipient but will cc: the consultant on all email exchanges. The Subrecipient will be responsible for sharing written communications with the consultant. The Subrecipient will remain the primary point of contact and must be included in all decision making activities. 4. DUNS Number. Subrecipient confirms its Data Universal Numbering Systems (DUNS) Number is accurate and is registered on Sams.gov. The DUNS Number is the nine digit number established and assigned by Dun and Bradstreet, Inc., at 866/705-5711 or http://fedqov.dnb.com/webform 5. Central Contractor Registration and Universal Identifier Requirements. Subrecipient maintains that it has registered on the System for Award Management (SAM) at www.sam.gov or other federally established site for contractor registration, and entered TDEM-required information. Subrecipient shall keep current, and then review and update the information at least annually. Subrecipient shall keep information current in the SAM database until the later of when it submits this Grant's final financial report or receives final Grant award payment. Subrecipient agrees that it shall not make any subaward agreement or contract related to this Grant without first obtaining the vendor/subawardee's mandatory DUNS number. See Section §200.32 of OMB 2 C.F.R. 6. Reporting Total Compensation of Subrecipient Executives. 2 C.F.R. §200.331; see FEMA Information Bulletin 350. a. Applicability and what to report: Subrecipient shall report whether Subrecipient received $25 million or more in Federal procurement contracts or financial assistance subject to the Transparency Act per 2 C.F.R. §200.331. Subrecipient shall report whether 80% or more of Subrecipient's annual gross revenues were from Federal procurement contracts or Federal financial assistance. If Subrecipient answers "yes" to both questions, Subrecipient shall report, along with Subrecipient's DUNS number, the names and total compensation (see 17 C.F.R. §229.402(c)(2)) for each of Subrecipient's five most highly compensated executives for the preceding completed fiscal year. b. Where and when to report: Subrecipient shall report executive total compensation at www.sam.gov or other federally established replacement site. By signing this Grant, Subrecipient certifies that, if required, Subrecipient's jurisdiction has already registered, entered the required information, and shall keep information in the SAM database current, and update the information at least annually for each year until the later of when the jurisdiction submits its final financial report or receives final payment. Subrecipient agrees that it shall not make any subaward agreement or contract without first obtaining the subawardee's mandatory DUNS number. 7. Debarment and Suspension. Subrecipient shall comply with Executive Order 12549 and 12689, which provide protection against waste, fraud, and abuse by debarring or Page 4 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS suspending those persons deemed irresponsible in their dealings with the Federal government. 8. Direct Deposit. A completed direct deposit form from Subrecipient shall be provided to TDEM, prior to receiving any payments under the provisions of this grant. The direct deposit form is currently available at grants.tdem.texas.gov under Resources/Public Assistance. 9. Property Management and Inventory. Subrecipient shall maintain property/inventory records which, at minimum, shall include a description of the property, a serial number or other identification number, the source of property, who holds title, the acquisition date, the cost of the property, the percentage of Federal participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property Subrecipient shall develop and implement a control system to prevent loss, damage or theft of property and Subrecipient shall investigate and document any loss, damage or theft of property funded under this Grant. 10. Site Visits. DHS/FEMA and/or TDEM, through its authorized representatives, have the right at all reasonable times to make site visits to review project accomplishments and management control systems and to provide such technical assistance as may be required. If any site visit is made by DHS/FEMA on the premises of Subrecipient or a contractor under this Grant, Subrecipient shall provide and shall require its contractors to provide all reasonable facilities and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations shall be performed in such a manner that will not unduly delay the work. H. Procurement and Contractina. 1. Procurements. Subrecipient shall comply with all applicable federal, state, and local laws and requirements, including but not limited to proper competitive solicitation processes where required, for any procurement which utilizes federal funds awarded under this Grant in accordance with 2 C.F.R. 200. 318-326 and Appendix II to Part 200 (A-C) and (E-J) 2. Contract Provisions. All contracts executed using funds awarded under this Grant shall contain the contract provisions listed under 2 C.F.R. 200.326 and Appendix II (A), Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. 3. Procurement activities must follow the most restrictive of Federal, State and Local procurement regulations: a. Procurement by micro purchase b. Procurement by small purchase c. Procurement by sealed bid d. Procurement by competitive proposal e. Procurement by non-competitive proposal, solely when the award of a contract is unfeasible under the other methods The State must be contacted for approval to use a noncompetitive procurement method. Failure to follow eligible procurement methods will result in ineligible costs. Other types of agreements for services must have State approval prior to use or execution. A copy of the local procurement policy must be provided to the State before initial payment. Page 5 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS The cost plus a percentage of cost and percentage of construction cost methods of contracting are ineligible. Must perform cost/price analysis for every procurement action in excess of the Simplified Acquisition Threshold. Must negotiate profit as a separate element where required. 4. Evidence of non-debarment for vendors must be documented through. http://www.sam.gov/portal/public/SAM and http://www.window.state.tx.us/procurement/prog/vendor performance/debarred/ and submitted for review. 5. Comply with rules related to underutilized businesses (small and minority businesses, women's enterprises and labor surplus firms) at 2 CFR 200.321 I. Monitoring. Subrecipient will be monitored periodically by federal, state or local entities, both programmatically and financially, to ensure that project goals, objectives, performance requirements, timelines, milestone completion, budget, and other program-related criteria are met. TDEM, or its authorized representative, reserves the right to perform periodic desk/office- based and/or on-site monitoring of Subrecipient's compliance with this Grant and of the adequacy and timeliness of Subrecipient's performance pursuant to this Grant. After each monitoring visit, if the monitoring visit reveals deficiencies in Subrecipient's performance under this Grant, a monitoring report will be provided to the Subrecipient and shall include requirements for the timely correction of such deficiencies by Subrecipient. Failure by Subrecipient to take action specified in the monitoring report may be cause for suspension or termination of this Grant pursuant to the Suspension and/or Termination Section herein. J. Audit. 1. Audit of Federal and State Funds. Subrecipient shall arrange for the performance of an annual financial and compliance audit of funds received and performances rendered under this Grant as required by the Single Audit Act (OMB 2 C.F.R. 200.501, formerly A- 133). Subrecipient shall comply, as applicable, with Texas Government Code, Chapter 783, the Uniform Grant Management Standards (UGMS), the State Uniform Administrative Requirements for Grants and Cooperative Agreements. 2. Right to Audit. Subrecipient shall give the United States Department of Homeland Security (DHS), Federal Emergency Management Agency (FEMA), the Comptroller General of the United States, the Texas State Auditor, TDEM, or any of their duly authorized representatives, access to and the right to conduct a financial or compliance audit of Grant funds received and performances rendered under this Grant. Subrecipient shall permit TDEM or its authorized representative to audit Subrecipient's records. Subrecipient shall provide any documents, materials or information necessary to facilitate such audit. 3. Subrecipient's Liability for Disallowed Costs. Subrecipient understands and agrees that it shall be liable to TDEM for any costs disallowed pursuant to any financial or compliance audit(s) of these funds. Subrecipient further understands and agrees that reimbursement to TDEM of such disallowed costs shall be paid by Subrecipient Page 6 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS from funds that were not provided or otherwise made available to Subrecipient pursuant to this Grant or any other federal contract. 4. Subrecipient's Facilitation of Audit. Subrecipient shall take such action to facilitate the performance of such audit(s) conducted pursuant to this Section as TDEM may require of Subrecipient. Subrecipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subrecipient and the requirement to cooperate is included in any subcontract it awards. 5. State Auditor's Clause. Subrecipient understands that acceptance of funds under this Grant acts as acceptance of the authority of the State Auditor's Office to conduct an audit or investigation in connection with those funds. Subrecipient further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Subrecipient shall ensure that this clause concerning the State Auditor's Office's authority to audit funds and the requirement to cooperate fully with the State Auditor's Office is included in any subgrants or subcontracts it awards. Additionally, the State Auditor's Office shall at any time have access to and the rights to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Subrecipient relating to this Grant. K. Retention and Accessibility of Records. 1. Retention of Records. Subrecipient shall follow its own internal retentaion policy, or the state's retention policy, whichever is stricter. At a minimum, the subrecipient shall maintain fiscal records and supporting documentation for all expenditures of this Grant's funds pursuant to the applicable OMB 2 C.F.R. Subpart D — Post Federal Award Requirements, §200.333-337, and this Grant. Subrecipient shall retain these records and any supporting documentation for a minimum of three (3) years from the later of the completion of this project's public objective, submission of the final expenditure report, any litigation, dispute, or audit. Records shall be retained for three (3) years after any real estate or equipment final disposition. The DHS or TDEM may direct Subrecipient to retain documents or to transfer certain records to DHS/FEMA custody when DHS/FEMA determines that the records possess long term retention value. 2. Access to Records. Subrecipient shall give the United States Department of Homeland Security, the Comptroller General of the United States, the Texas State Auditor, TDEM, or any of its duly authorized representatives, access to and the right to examine all books, accounts, records, reports, files, other papers, things or property belonging to or in use by Subrecipient pertaining to this Grant including records concerning the past use of DHS/FEMA funds. Such rights to access shall continue as long as the records are retained by Subrecipient. L. Chanaes, Amendments. Susaension or Termination 1. Modification. DHS/FEMA or TDEM may modify this Grant after an award has been made. Once notification has been made in writing, any subsequent request for funds indicates Subrecipient's acceptance of the changes to this Grant. Any alteration, addition, or deletion to this Grant by Subrecipient is not valid. 2. Effect of Changes in Federal and State Laws. Any alterations, additions, or deletions to this Grant that are required by changes in federal and state laws, regulations or policy are automatically incorporated into this Grant without written amendment to this Grant and shall become effective upon the date designated by such law or regulation. In the event DHS/FEMA or TDEM determines that changes are necessary to this Grant after an award has been made, including changes to the period of performance or terms and conditions, Subrecipient shall be notified of the changes in writing. Once notification has Page 7 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS been made, any subsequent request for funds will indicate Subrecipient's acceptance of the changes to this Grant. 3. Suspension. In the event Subrecipient fails to comply with any term of this Grant, TDEM may, upon written notification to Subrecipient, suspend this Grant, in whole or in part, withhold payments to Subrecipient and prohibit Subrecipient from incurring additional obligations of this Grant's funds. 4. Termination. TDEM shall have the right to terminate this Grant, in whole or in part, at any time before the end of the Performance Period, if TDEM determines that Subrecipient has failed to comply with any term of this Grant. TDEM shall provide written notice of the termination and include: a. The reason(s) for such termination; b. The effective date of such termination; and c. In the case of partial termination, the portion of this Grant to be terminated. d. Appeal may be made to the Deputy Chief of the Texas Division of Emergency Management - Recovery & Mitigation. M. Enforcement. If Subrecipient materially fails to comply with any term of this Grant, whether stated in a federal or state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, TDEM or DHS/FEMA may take one or more of the following actions, as appropriate in the circumstances: 1. Increased monitoring of projects and require additional financial and performance reports 2. Require all payments as reimbursements rather than advance payments 3. Temporarily withhold payments pending correction of the deficiency 4. Disallow or deny use of funds and matching credit for all or part of the cost of the activity or action not in compliance; 5. Request DHS/FEMA to wholly or partially de-obligate funding for a project 6. Temporarily withhold cash payments pending correction of the deficiency by subrecipient or more severe enforcement action by TDEM or DHS/FEMA; 7. Withhold further awards for the grant program 8. Take other remedies that may be legally available In taking an enforcement action, TDEM will provide Subrecipient an opportunity for a hearing, appeal, or other administrative proceeding to which Subrecipient is entitled under any statute or regulation applicable to the action involved. The costs of Subrecipient resulting from obligations incurred by Subrecipient during a suspension or after termination of this Grant are not allowable unless TDEM or DHS/FEMA expressly authorizes them in the notice of suspension or termination or subsequently. Other Subrecipient costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if: • The costs result from obligations which were properly incurred by Subrecipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of a termination, are non-cancellable; and • The costs would be allowable if this Grant were not suspended or expired normally at the end of the funding period in which the termination takes effects. The enforcement remedies identified in this section, including suspension and termination, do not preclude Subrecipient from being subject to "Debarment and Suspension" under E.O. Page 8 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS 12549. 2 C.F.R., Appendix II to Part 200, (1). N. Conflicts of Interest. The subrecipient will maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award and administration of contracts and will establish safeguards to prohibit employees from using their positions for a purpose that constitutes or presents the appearance of personal or organizational conflict of interest or personal gain. O. Closina of this Grant. TDEM will close each subaward after receiving all required final documentation from the Subrecipient. If the close out review and reconciliation indicates that Subrecipient is owed additional funds, TDEM will send the final payment automatically to Subrecipient. If Subrecipient did not use all the funds received, TDEM will recover the unused funds. At the completion and closure of all Subrecipient's projects (subawards), TDEM will request the Subrecipient to Certify the completion of all projects (subawards) in accordance of the grants terms and conditions to state there are no further claims under this subgrant. The closeout of this Grant does not affect: 1. DHS/FEMA or TDEM's right to disallow costs and recover funds on the basis of a later audit or other review; 2. Subrecipient's obligation to return any funds due as a result of later refunds, corrections, or other transactions; 3. Records retention requirements, property management requirements, and audit requirements, as set forth herein; and 4. Any other provisions of this Grant that impose continuing obligations on Subrecipient or that govern the rights and limitations of the parties to this Grant after the expiration or termination of this Grant. P. Notices. All notices and other communications pertaining to this agreement shall be delivered in electronic format and/or writing and shall be transmitted by fax, e-mail, personal hand-delivery (and receipted for) or deposited in the United States Mail, as certified mail, return receipt requested and postage prepaid, to the other party. Page 9 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS EXHIBIT A ASSURANCES - NON-CONSTRUCTION PROGRAMS See Standard Form 424B As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. Has the legal authority to apply for Federal assistance and the institutional, program and to purchase flood insurance if the total cost of insurable managerial and financial capability(including funds sufficient to pay the non- construction and acquisition is$10,000 or more. Federal share of project cost)to ensure proper planning, management and completion of the project described in this Grant. 11. Will comply with environmental standards which may be prescribed pursuant to the following:(a)institution of environmental quality control measures under 2. Will give the Department of Homeland Security, the Texas Division of the National Environmental Policy Act of 1969(P.L.91-190 as amended by Emergency Management,the Comptroller General of the United States and, 42 U.S.C.4311 et seq.and Executive Order(EO)11514)which establishes if appropriate,the State,through any authorized representative,access to and national policy goals and procedures to protect and enhance the environment, the right to examine all records,books,papers,or documents related to this including protection against natural disasters.To comply with NEPA for DHS Grant and will establish a proper accounting system in accordance with grant-supported activities,DHS-FEMA requires the environmental aspects to generally accepted accounting standards or agency directives. be reviewed and evaluated before final action on the application; (b) notification of violating facilities pursuant to EO 11738; 3. Will establish safeguards to prohibit employees from using their positions for (c) protection of wetlands pursuant to EO 11990; (d) evaluation of flood a purpose that constitutes or presents the appearance of personal or hazards in floodplains in accordance with EO 11988;(e)assurance of project organizational conflict of interest or personal gain. consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 4. Will initiate and complete the work within the applicable time frame after §§1451 et seq.); (f)comply with the Clean Air Act of 1977, (42U.S.C. receipt of approval of the awarding agency. §§7401 et seq.and Executive Order 11738)providing forthe protection of and enhancement of the quality of the nation's air resources to promote public 5. Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S.C. health and welfare and for restoring and maintaining the chemical,physical, §§4728-4763)relating to prescribed standards for merit systems for programs and biological integrity of the nation's waters; (g)protection of underground funded under one of the 19 statutes or regulations specified in Appendix A of sources of drinking water under the Safe Drinking Water Act of 1974, as OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. amended(P.L.93-523);and,(h)protection of endangered species under the 900,Subpart F). Endangered Species Act of 1973,as amended(P.L.93-205). 6. Will comply with all Federal statutes relating to nondiscrimination. These 12. Will comply with the Wild and Scenic Rivers Act of 1968(16 U.S.C.§§1271 et include but are not limited to:(a)Title VI of the Civil Rights Act of 1964(P.L. seq.)related to protecting components or potential components of the national 88-352)which prohibits discrimination on the basis of race,color or national wild and scenic rivers system. origin; (b)Title IX of the Education Amendments of 1972,as amended(20 U.S.C.§§1681-1683,and 1685-1686 and 44 C.F.R.Part 19),which prohibits 13. Will assist the awarding agency in assuring compliance with Section 106 of the discrimination on the basis of sex;(c)Section 504 of the Rehabilitation Act of National Historic Preservation Act of 1966,as amended(16 U.S.C. 1973, as amended (29 U.S.C. §794), which prohibits discrimination on the §470),EO 11593(identification and protection of historic properties),and the basis of handicaps;(d)the Age Discrimination Act of 1975,as amended (42 Archaeological and Historic Preservation Act of 1974(16 U.S.C.§§469a-1 et U.S.C.§§6101-6107),which prohibits discrimination on the basis of age;(e) seq.). the Drug Abuse Office and Treatment Act of 1972(P.L.92-255),as amended, relating to nondiscrimination on the basis of drug abuse; (f) the 14. Will comply with P.L.93-348,45 C.F.R.46,and DHS Management Directive Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and 026-044 (Directive) regarding the protection of human subjects involved in Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to research, development, and related activities supported by this Grant. nondiscrimination on the basis of alcohol abuse or alcoholism;(g)§§523 and "Research" means a systematic investigation, including research, 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and development, testing, and evaluation designed to develop or contribute to 290ee-3),as amended, relating to confidentiality of alcohol and drug abuse general knowledge. See Directive for additional provisions for including patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. humans in the womb,pregnant women,and neonates(Subpart B);prisoners §§3601 et seq.),as amended,relating to nondiscrimination in the sale,rental (Subpart C); and children (Subpart D). See also state and local law for or financing of housing; (i) any other nondiscrimination provisions in the research using autopsy materials. specific statute(s) under which agreement for Federal assistance is being made;and 0)the requirements of any other nondiscrimination statute(s)which 15. Will comply with the Laboratory Animal Welfare Act of 1966(P.L.89-544,as may apply to the application. amended,7 U.S.C.§§2131 et seq.)which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale,used in 7. Will comply or has already complied with the requirements of Titles II and III research,transported commercially,or exhibited to the public according to the of the Uniform Relocation Assistance and Real Property Acquisition Policies Guide for Care and Use of Laboratory Animals and Public Health Service Act of 1970 (P.L. 91-646)which provide for fair and equitable treatment of Policy and Government Principals Regarding the Care and Use of Animals. persons displaced or whose property is acquired as a result of Federal or federally-assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in 16. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. purchases. §§4801 et seq.),which prohibits the use of lead-based paint in construction or rehabilitation of residence structures. 8. Will comply,as applicable,with provisions of the Hatch Act(5 U.S.C.§§1501- 1508 and 7324-7328)which limit the political activities of employees whose 17 Will cause to be performed the required financial and compliance audits in principal employment activities are funded in whole or in part with Federal accordance with the Single Audit Act Amendments of 1996 and OMB Circular funds. No. A-133 (now OMB 2 C.F.R. 200.500), "Audits of States, Local 9. Will comply,as applicable,with the provisions of the Davis-Bacon Act(40 Governments,and Non-Profit Organizations." U.S.C. §§276a to 276a-7),the Copeland Act(40 U.S.C. §276c and 18 U.S.C.§874),and the Contract Work Hours and Safety Standards Act(40 18. Will comply with all applicable requirements of all other Federal laws, U.S.C. §§327-333), regarding labor standards for federally-assisted executive orders, regulations, grant guidance, and policies governing this construction sub-agreements. Grant. 10. Will comply, if applicable, with flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special flood hazard area to participate in the Page 10 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS EXHIBIT B ASSURANCES - CONSTRUCTION PROGRAMS See Standard Form 424D As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. Has the legal authority to apply for Federal assistance, and the requirements of any other nondiscrimination statue(s)which may apply institutional, managerial and financial capability (including funds to the agreement. sufficient to pay the non-Federal share of project costs)to ensure proper planning,management and completion of project described in this Grant. 11. Will comply or has already complied with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition 2. Will give the Department of Homeland Security, the Texas Division of Policies Act of 1970 (P.L. 91-646)which provide for fair and equitable Emergency Management,the Comptroller General of the United States treatment of persons displaced or whose property is acquired as a result and, if appropriate, the State, the right to examine all records, books, of Federal and federally-assisted programs. These requirements apply papers, or documents related to this Grant and will establish a proper to all interests in real property acquired for project purposes regardless accounting system in accordance with generally accepted accounting of Federal participation in purchases. standards or agency directives. 12. Will comply with the provisions of the Hatch Act(5 U.S.C.§§1501-1508 3. Will not dispose of, modify the use of, or change the terms of the real and 7324-7328)which limit the political activities of employees whose property title or other interest in the site and facilities without permission principal employment activities are funded in whole or in part with and instructions from the awarding agency. Will record the Federal Federal funds. awarding agency directives and will include a covenant in the title of real property acquired in whole or in part with Federal assistance funds to 13. Will comply, as applicable, with the provisions of the Davis-Bacon Act assure nondiscrimination during the useful life of this Grant. (40 U.S.C.§§276a to 276a-7),the Copeland Act(40 U.S.C.§276c and 18 U.S.C.§874),and the Contract Work Hours and Safety Standards Act 4. Will comply with the requirements of the assistance awarding agency (40 U.S.C.§§327-333)regarding labor standards for federally-assisted with regard to the drafting,review and approval ofconstruction plans and construction sub-agreements. specifications. 14. Will comply with flood insurance purchase requirements of Section 5. Will provide and maintain competent and adequate engineering 102(a)of the Flood Disaster Protection Act of 1973(P.L.93-234)which supervision at the construction site to ensure that the complete work requires recipients in a special flood hazard area to participate in the conforms with the approved plans and specifications and will furnish program and to purchase flood insurance if the total cost of insurable progressive reports and such other information as may be required by construction and acquisition is$10,000 or more. the awarding agency or State. 15. Will comply with environmental standards which may be prescribed 6. Will initiate and complete the work within the applicable time frame after pursuant to the following: (a)institution of environmental quality control receipt of approval of the awarding agency. measures under the National Environmental Policy Act of 1969(P.L.91- 190)as amended by 42 U.S.C.4311 et seq.and Executive Order(EO) 7. Will establish safeguards to prohibit employees from using their positions 11514 which establishes national policy goals and procedures to protect for a purpose that constitutes or presents the appearance of personal or and enhance the environment, including protection against natural organizational conflict of interest or personal gain. disasters; (b)notification of violating facilities pursuant to EO 11738;(c) 8. Will comply with the Intergovernmental Personnel Act of 1970 (42 protection of wetlands pursuant to EO 11990; (d) evaluation of flood U.S.C.§§4728-4763)relating to prescribed standards of merit systems hazards in floodplains in accordance with EO 11988; (e)assurance of for programs funded under one of the 19 statutes or regulations specified project consistency with the approved State management program in Appendix A of OPM's Standards for a Merit System of Personnel developed under the Coastal Zone Management Act of 1972(16 U.S.C. Administration(5 C.F.R.900,Subpart F). §§1451 et seq.); (f)comply with the Clean Air Act of 1977, (42 U.S.C. §§7401 et seq.and Executive Order 11738)providing for the protection 9. Will comply with the Lead-Based Paint Poisoning Prevention Act(42 of and enhancement of the quality of the nation's air resources to U.S.C. §§4801 et seq.)which prohibits the use of lead-based paint in promote public health and welfare and for restoring and maintaining the construction or rehabilitation of residence structures. chemical, physical, and biological integrity of the nation's waters; (g) protection of underground sources of drinking water under the Safe 10. Will comply with all Federal statutes relating to nondiscrimination.These Drinking Water Act of 1974, as amended (P.L. 93-523); and, (h) include but are not limited to: (a)Title VI of the Civil Rights Act of 1964 protection of endangered species under the Endangered Species Act of (P.L.88-352)which prohibits discrimination on the basis of race,color or 1973,as amended(P.L.93-205). national origin; (b)Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681 1683, and 1685-1686 and 44 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. C.F.R. Part 19), which prohibits discrimination on the basis of sex; (c) §§1271 et seq.) related to protecting components or potential Section 504 of the Rehabilitation Act of 1973,as amended(29)U.S.C. components of the national wild and scenic rivers system. §794),which prohibits discrimination on the basis of handicaps; (d)the Age Discrimination Act of 1975,as amended(42 U.S.C.§§6101-6107), 17. Will assist the awarding agency in assuring compliance with Section 106 which prohibits discrimination on the basis of age; (e)the Drug Abuse of the National Historic Preservation Act of 1966, as amended (16 Office and Treatment Act of 1972(P.L.92-255),as amended relating to U.S.C. §470), EO 11593 (identification and protection of historic nondiscrimination on the basis of drug abuse; (f) the Comprehensive properties),and the Archaeological and Historic Preservation Act of 1974 Alcohol Abuse and Alcoholism Prevention,Treatment and rehabilitation (16 U.S.C.§§469a-1 et seq). Act of 1970(P.L.91-616),as amended,relating to nondiscrimination on 18. Will cause to be performed the required financial and compliance audits the basis of alcohol abuse or alcoholism; (g) in accordance with the Single Audit Act Amendments of 1996 and OMB §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. Circular No.A-133(now OMB 2 C.F.R.200.500),"Audits of States,Local §§290dd-3 and 290ee-3), as amended, relating to confidentiality of Governments,and Non-Profit Organizations." alcohol and drug abuse patient records; (h)Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to 19. Will comply with all applicable requirements of all other Federal laws, nondiscrimination in the sale,rental or financing of housing;(i)any other executive orders,regulations,grant guidance and policies governing this nondiscrimination provisions in the specific statue(s) under which Grant. agreement for Federal assistance is being made; and 0) the Page 11 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS Exhibit C Certifications for Grant Agreements The undersigned, as the authorized official, certifies the following to the best of his/her knowledge and belief. A. No Federal appropriated funds have been paid or will be paid by or on behalf of the undersigned to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. B. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee or a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL Disclosure of Lobbying Activities, in accordance with its instructions. C. The undersigned shall require that the language of this certification prohibiting lobbying be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. D. As required by Executive Order 12549, Debarment and Suspension, and implemented at 28 C.F.R. Part 67, for prospective participants in primary covered transactions, as defined at 28 C.F.R. Part 67, Section 67.510. (Federal Certification),the Subrecipient certifies that it and its principals and vendors: 1. Are not debarred, suspended, proposed for debarment, declared ineligible,sentenced to a denial of Federal benefits by a State or Federal court, or voluntarily excluded from covered transactions by any Federal department or agency. Subrecipient can access debarment information by going to www.sam.gov and the State Debarred Vendor List at:_ www.window.state.tx.us/r)rocurement/r)rog/vendor performance/debarred. 2 Have not within a three-year period preceding this Grant been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local)transaction or contract under a public transaction, violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State,or local)with commission of any of the offenses enumerated in paragraph (D)(2)of this certification; 4. Have not within a three-year period preceding this Grant had one or more public transactions (Federal, State, or local) terminated for cause or default;or 5. Where Subrecipient is unable to certify to any of the statements in this certification, he or she shall attach an explanation to this Grant. (Federal Certification). E. Federal funds will be used to supplement existing funds, and will not replace (supplant)funds that have been appropriated for the same purpose. Subrecipient may be required to supply documentation certifying that a reduction in non-federal resources occurred for reasons other than the receipt or expected receipt of federal funds. F. Subrecipient will comply with 2 C.F.R. Part 180, Subpart C as a condition of receiving grant funds and Subrecipient will require such compliance in any subgrants or contract at the next tier. G. Subrecipient will comply with the Drug-free Workplace Act, in Subpart B of 2 C.F.R. Part 3001. H. Subrecipient is not delinquent on any Federal debt. Examples of relevant debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB CircularA-129 and form SF-424, item number 17 for additional information and guidance. I. Subrecipient will comply with all applicable requirements of all other federal laws, executive orders, regulations, program and administrative requirements, policies and any other requirements governing this Grant. J. Subrecipient understands that failure to comply with any of the above assurances may result in suspension, termination or reduction of funds in this Grant. Page 12 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS EXHIBIT D State of Texas Assurances As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. Shall comply with Texas Government Code, Chapter 573, by ensuring that no officer,employee, or member of the Subrecipient's governing body or of the Subrecipient's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. 2. Shall insure that all information collected, assembled, or maintained by the Subrecipient relative to a project will be available to the public during normal business hours in compliance with Texas Government Code,Chapter 552, unless otherwise expressly prohibited by law. 3. Shall comply with Texas Government Code, Chapter 551,which requires all regular,special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 4. Shall comply with Section 231.006,Texas Family Code,which prohibits payments to a person who is in arrears on child support payments. 5. Shall not contract with or issue a license, certificate, or permit to the owner, operator, or administrator of a facility if the Subrecipient is a health, human services, public safety, or law enforcement agency and the license, permit, or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 6. Shall comply with all rules adopted by the Texas Commission on Law Enforcement pursuant to Chapter 1701,Texas Occupations Code, or shall provide the grantor agency with a certification from the Texas Commission on Law Enforcement that the agency is in the process of achieving compliance with such rules if the Subrecipient is a law enforcement agency regulated by Texas Occupations Code,Chapter 1701. 7. Shall follow all assurances. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds.Administering state agencies and subrecipients shall maintain an appropriate contract administration system to insure that all terms, conditions, and specifications are met. (See UGMS Section—.36 for additional guidance on contract provisions). 8. Shall comply with the Texas Family Code, Section 261.101, which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Subrecipient shall also ensure that all program personnel are properly trained and aware of this requirement. 9. Shall comply with all federal statutes relating to nondiscrimination.These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L.88-352),which prohibits discrimination on the basis of race, color,or national origin; (b)Title IX of the Education Amendments of 1972, as amended (20 U.S.C. §§1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794),which prohibits discrimination on the basis of handicaps and the Americans with Disabilities Act of 1990 including Titles I, II, and III of the Americans with Disability Act which prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities, 44 U.S.C. §§ 12101-12213; (d)the Age Discrimination Act of 1974, as amended (42 U.S.C. §§6101-6107),which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment, and Rehabilitation Act of 1970(P.L. 91-616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. §§290dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et sec.), as amended, relating to nondiscrimination in the sale, rental, or financing of housing; (i)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made; and (j)the requirements of any other nondiscrimination statute(s)which may apply to this Grant. 10. Shall comply, as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act(40 U.S.C. §276c and 18 U.S.C.§874),and the Contract Work Hours and Safety Standards Act(40 U.S.C.§§327-333), regarding labor standards for federally assisted construction subagreements. 11. Shall comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L. 91- 646), which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Shall comply with the provisions of the Hatch Political Activity Act(5 U.S.C.§§7321-29),which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Shall comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. Page 13 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS 14. Shall insure that the facilities under its ownership, lease, or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's(EPA)list of Violating Facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA(EO 11738). 15. Shall comply with the flood insurance purchase requirements of Section 102(a)of the Flood Disaster Protection Act of 1973, Public Law 93- 234. Section 102(a)requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 16. Shall comply with environmental standards which may be prescribed pursuant to the following: (a)institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order (EO) 11514; (b) notification of violating facilities pursuant to EO 11738; (c)protection of wetlands pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved state management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of federal actions to State (Clear Air) Implem entation Plans under Section 176(c)of the Clear Air Act of 1955,as amended (42 U.S.C. §§7401 et seq.); (g)protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93-523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93-205). 17. Shall comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 18. Shall assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966,as amended(16 U.S.C. §470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. §§469a-1 et sec.). 19. Shall comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) which requires the minimum standards of care and treatment for vertebrate animals bred for commercial sale, used in research, transported commer cially, or exhibited to the public according to the Guide for Care and Use of Laboratory Animals and Public Health Service Policy and Government Principals Regarding the Care and Use of Animals. 20. Shall comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.)which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. 21. Shall comply with the Pro-Children Act of 1994 (Public Law 103-277),which prohibits smoking within any portion of any indoor facility used for the provision of services for children. 22. Shall comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 23. Shall comply with all applicable requirements of all other federal and state laws, executive orders, regulations, and policies governing this program. 24. And its principals are eligible to participate and have not been subjected to suspension,debarment, or similar ineligibility determined by any federal,state,or local governmental entity and it is not listed on a state or federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement have Exclusions listed athttps://www.sam.gov/portal/public/SAM/. 25. Shall adopt and implement applicable provisions of the model HIV/AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code,Ann., Sec. 85.001, et seq. Page 14 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS EXHIBIT E Environmental Review As the duly authorized representative of Subrecipient, I certify that Subrecipient: 1. shall assess its federally funded projects for potential impact to environmental resources and historic properties. 2. shall submit any required screening form(s) as soon as possible and shall comply with deadlines established by TDEM. Timelines for the Environmental Planning and Historic Preservation (EHP) review process will vary based upon the complexity of the project and the potential for environmental or historical impact. 3. shall include sufficient review time within its project management plan to comply with EHP requirements. Initiation of any activity prior to completion of FEMA's EHP review will result in a non-compliance finding and TDEM will not authorize or release Grant funds for non-compliant projects. 4. as soon as possible upon receiving this Grant, shall provide information to TDEM to assist with the legally-required EHP review and to ensure compliance with applicable EHP laws and Executive Orders (EO) currently using the FEMA EHP Screening Form OMB Number 1660-0115/FEMA Form 024-0-01 and submitting it, with all supporting documentation, to TDEM for review. These EHP requirements include but are not limited to the National Environmental Policy Act, the National Historic Preservation Act, the Endangered Species Act, EO 11988—Floodplain Management, EO 11990—Protection of Wetlands,and EO 12898—Environmental Justice. Subrecipient shall comply with all Federal, State, and local EHP requirements and shall obtain applicable permits and clearances. 5. shall not undertake any activity from the project that would result in ground disturbance, facility modification,or purchase and use of sonar equipment without the prior approval of FEMA. These include but are not limited to communications towers, physical security enhancements involving ground disturbance, new construction, and modifications to buildings. 6. shall comply with all mitigation or treatment measures required for the project as the result of FEMA's EHP review. Any changes to an approved project description will require re-evaluation for compliance with EHP requirements before the project can proceed. 7. if ground disturbing activities occur during project implementation, Subrecipient shall ensure monitoring of ground disturbance and if any potential archeological resources are discovered,Subrecipient shall immediately cease construction in that area and notify FEMA and the appropriate State Historical Preservation Office. Page 15 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS EXHIBIT F Additional Grant Conditions 1. Additional damage requiring a new Public Assistance project to be written must be reported within 60 days following the Project Scoping meeting with the State- Federal team. 2. All work must be done prior to the approved project completion deadline assigned to each Project (POP). Should additional time be required, a time extension request must be submitted which: a.) Identifies the projects requiring an extension. b.) Explains the reason for an extension. c.) Indicates the percentage of work that has been completed. d.) Provides an anticipated completion date. The reason for an extension must be based on extenuating circumstances or unusual project requirements that are beyond the control of your jurisdiction/organization. Failure to submit a time extension request 60 days prior to the end of the period of performance may result in reduction or withdrawal of federal funds for approved work. 3. Any significant change to a project's approved Scope of Work must be reported and approved through TDEM and FEMA before starting the project. Failure to do so will jeopardize grant funding. The Subrecipient shall submit requests for cost overruns requiring additional obligations to TDEM, who will forward to FEMA for review and approval prior to incurring costs. 4. The Project Completion and Certification Report must be submitted to TDEM within 60 days of all approved work being completed for each project. If any project requires the purchase of insurance as a condition of receiving federal funds, a copy of the current policy must be attached to this report, or Duplication of Benefits form certifying other funds were received to complete the project. 5. A cost overrun appeal on small ($128,900) Public Assistance projects must be reported to the Texas Division of Emergency Management (TDEM) within 60 days of completing the last small project in order to be considered for additional funding. 6. Appeals may be filed on any determination made by FEMA or TDEM. All appeals must be submitted to TDEM within 60 days from receiving written notice of the action you wish to appeal. Should you wish to appeal a determination contained in the project application, the 60 days will start the day the application is signed. Appeals for Alternative Projects will be subject to the terms of the signed agreement for the Alternative Project. 7. Public Assistance program projects will not receive funding until all of the requirements identified in the comments section of the Project Worksheet are met. 8. You may request a payment of funds on projects by initiating a Request for Reimbursement(RFR) in TDEM's Grant Management System (GMS) or an Advance of Funds Request (AFR), and including documentation supporting your request. Small Public Assistance projects are paid upon obligation and will be initiated by TDEM personnel. Payments for open projects must be requested at least quarterly if expenditures have been made in that quarter. 9. Subrecipients will be required to submit quarterly project reports (QPR) for open large projects using TDEM's GMS. Your assigned Grant Coordinator will coordinate the due date for your specific reporting. Public Assistance program small projects are typically exempt from quarterly reporting, however TDEM reserves the right to require QPRs on any smalls requiring a POP extension. The first quarterly report will be due at the end of the first full quarter following the quarter in which the project was obligated. No quarterlies are required for projects that Subrecipient has initiated a closeout request and has provided a certificate of completion. Failure to submit required quarterly reports for two or more quarters can result in withholding or deobligation of funding for Subrecipients until all reports are submitted and up-to-date. Page 16 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS 10.Subrecipients expending $750,000 or more in total Federal financial assistance in a fiscal year will be required to provide an audit made in accordance with OMB Uniform Guidance; Cost Principles, Audit, and Administrative Requirements for Federal Awards, Subpart F. A copy of the Single Audit must be submitted to your cognizant State agency or TDEM within nine months of the end of the subrecipient's fiscal year. Consult with your financial officer regarding this requirement. If not required to submit a single audit, a letter must be sent to TDEM certifying to this. 11.Subrecipients will not make any award to any party which is debarred or suspended, or is otherwise excluded from participation in the Federal assistance programs (EO 12549, Debarment and Suspension). Subrecipient must maintain documentation validating review of debarment list of eligible contractors. 12.Subrecipients must keep record of equipment acquired by federal funds for the life cycle of the equipment. A life cycle for most equipment will be three years, but could be longer. If the fair market value of a piece of equipment is valued over $5,000, FEMA will have the right to a portion of proceeds if equipment is sold. If the fair market value of a piece of equipment is less than $5,000, the property can either be retained, sold or designated as surplus with no further obligation to FEMA. 13.TDEM will be using the new FEMA Public Assistance Delivery Model to facilitate the writing of project worksheets (Portal). Subrecipient will be responsible for establishing and maintaining an active account in the Portal and to provide and upload timely, all information requested that is needed to write accurate project worksheets. The Portal will provide the Subrecipient visibility of the entire project writing process. 14.TDEM will be using its new Grant Management System (GMS) for Subrecipient grant management functions. Subrecipient will access GMS to initiate Requests for Reimbursements (RFR), Advance of Funds Requests (AFR), Time Extensions, Scope and Cost changes requests, Quarterly Reports, Project Closeouts, Appeals, and other items deemed necessary by TDEM. Requested forms and processes may be adjusted and changed to accommodate GMS processes and requirements. Subrecipient agrees to monitor GMS as necessary to properly manage and complete awarded projects under this agreement. 16.2 CFR 200.210(x)(15), 2 CFR 200.331(a)(1)(xiii) and (a)(4) make reference to indirect cost rates. The Subrecipient may use the negotiated Indirect Cost Rate approved by its cognizant agency, or may use the 10% de minimis rate of modified total direct costs (MTDC) (as per § 200.414) when receiving Management Costs. Page 17 of 20 TDEM—September 2019 GRANT TERMS AND CONDITIONS EXHIBIT G Match Certification Additional Grant Certifications Subrecipient certifies that it has the ability to meet or exceed the cost share required for all subawards (Projects) and amendments (versions) under this Grant Agreement. Duplication of Program Statement Subrecipient certifies there has not been, nor will there be, a duplication of benefits for this project. Match Certification Federal Debt Disclosure Subrecipient certifies that it is not delinquent on any Federal Debt. For Hazard Mitiaation Projects Only: Maintenance Agreement Applicant certifies that if there is a Maintenance Agreement needed for this facility copy of that agreement will be provided to TDEM. Environmental Justice Statement Federal Executive Order 12898 compliance requirements—If there are any concentrations of low income or minority populations in or near the HMGP project: 1. Applicant certifies that the HMGP project result will not result in a disproportionately high or adverse effect on low income or minority populations. OR 2. Applicant certifies that action will be taken to ensure achievement of environmental justice for low income and minority populations related to this HMGP project. Page 18 of 20 TDEM—September 2019 Request for Information and Documentation Policy and Guideline It is crucial to the success of the overall Grant Program and to the timely completion and closure of awarded projects that timelines be established for providing information and documentation. TDEM has developed a framework to support this endeavor following a progressive series of communications for the Subrecipient(RFI).TDEM will work with you throughout the RFI process as communication is the key to your success. RFI Timelines First Informal Request The primary contact for the Subrecipient will receive the RFI via email with five business days to respond. Second Informal Request A second email to the primary contact will be sent with an additional five business days to respond. Third Informal Request A phone call will be made to the primary contact with a third email requesting the information to be provided within five business days. The Regional Section Administrator and State Coordinator will be copied. Fourth Formal Request The Supervising Program Director of Recovery will issue a certified letter to the highest ranking official highlighting previous requests and an additional ten days to provide the requested information. Final Formal Request A final request by certified letter will be issued by the Deputy Assistant Director of Recovery, Mitigation, and Standards, or the Assistant Director of the Texas Division of Emergency Management to the highest ranking official giving the final ten business days to respond or deobligation of the project will begin. Final Action If the RFI is not sufficiently answered, the project will be deobligated, and any previously paid funds must be returned to TDEM. Reference: RMS Services Grant Program Request for Information and Documentation August 2017 GRANT TERMS AND CONDITIONS Please initial by each Exhibit, acknowledging you have received them, understand them, and agree to abide by them. Assurances — Non-Construction Programs, hereinafter referred to as "Exhibit A" Assurances— Construction Programs, hereinafter referred to as "Exhibit B" Certifications for Grant Agreements, hereinafter referred to as "Exhibit U State of Texas Assurances, hereinafter referred to as "Exhibit D" Environmental Review Certification, hereinafter referred to as "Exhibit E" Additional Grant Conditions, hereinafter referred to as "Exhibit F" Additional Grant Certifications, hereinafter referred to as "Exhibit G" Request for Information and Documentation referred to as "Exhibit H" Please sign below to acknowledged acceptance of the grant and all exhibits in this agreement, and to abide by all terms and conditions. Signature of Certifying Official Date Printed Name and Title Page 20 of 20 TDEM—September 2019 �gARry FEMA �t4ND Federal Emergency Management Agency Region 6 Federal Regional Center 800 North Loop 288 Denton, TX 76209 January 30,2020 MEMORANDUM FOR: HMGP FILES - FEMA-4332-DR-TX Project#0174 FROM: Brianne Schmidtke,Hazard Mitigation Assistance Branch Chief SUBJECT: Phase I Project City of Corpus Christi Nueces Texas Through this Phase I project, City of Corpus Christi is developing the data necessary to demonstrate that the proposed Hazard Mitigation Grant Program (HMGP) construction project is eligible for FEMA funding. This project involves data gathering and technical analysis only and does not include commitment of federal resources other than manpower and funding. This project has been determined to be Categorically Excluded from the need to prepare either an Environmental Impact Statement or Environmental Assessment in accordance with FEMA Instruction 108-1-1 and DHS Instruction 023-01-001-01; CATEX AT No extraordinary circumstances in accordance with DHS Instruction 023-01-001-01 have been identified regarding this action. This Categorical Exclusion only covers the Phase I portion of this project. The applicant must re-submit the Phase 11 construction portion of the project to FEMA prior to the start of construction for evaluation under the National Environmental Policy Act and other relevant laws and executive orders. Recommended: Date: Delores Warnell Hazard Mitigation Grant Specialist QE4NRT U.S.Department of Homeland Security FEMA Federal Emergency Management Agency Region ion 6 Environmental and Historic Preservation 800 North Loop 288 Nn s �4 Denton,TX 76209 EHP Phase I Considerations: City of Corpus Christi La Volla Creek Drainage Project HMGP-DR-4332 TX Project #174 Based upon the scope of work provided, this project is CATEX-able by FEMA. The applicant should consider the following during Phase I: • If required,permitting under the Clean Water Act should be pursued/completed with USACE during Phase I. • Provide the results of the H&H study to support FEMA's compliance under EO 11988 for Floodplain Management. • FEMA has determined that the proposed project will have no effect on federally listed species. Therefore, the applicant and/or its contractor should not perform a biological survey for the proj ect. • EHP will need a copy of the submitted SHPO consultation package and the SHPO response letter to approve Phase 11. If the SHPO requests an archeological survey, that survey should be conducted during Phase I. FEMA ONLYneeds an archeological survey if SHPO requires it, otherwise an archeological survey should not be conducted for the project. • Note that FEMA will likely consult with tribes on this project and will do so upon receipt of Phase I deliverables. The applicant and its contractor should not consult directly with the tribes. Page 1 of 1 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 40 . n J GLO CONTRACT No. 20-065-133-C445 COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM INFRASTRUCTURE PROJECTS NON-RESEARCH & DEVELOPMENT HARVEY ROUND 1 FUNDING The GENERAL LAND OFFICE ("the GLO"), a Texas state agency, and CITY OF CORPUS CHRISTI, Texas Identification Number (TIN) 17460005741 ("Subrecipient"), each a "Party" and collectively "the Parties," enter into this Subrecipient agreement (the "Contract") under the U.S. Department of Housing and Urban Development's Community Development Block Grant Disaster Recovery ("CDBG-DR") program to provide financial assistance with funds appropriated under the Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (Public Law 115-56), enacted on September 8, 2017, to facilitate disaster recovery, restoration, and economic revitalization and to affirmatively further fair housing, in accordance with Executive Order 12892, in areas affected by the Texas Hurricane Harvey (DR-4332), which are Presidentially-declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act(42 U.S.C. § 5121, et seq.). Through CDBG-DR Federal Award Number B-17-DM-48-0001, awarded February 9, 2018, as amended August 14, 2018, and as may be further amended from time to time, the GLO administers grant funds as Community Development Block Grants (Catalog of Federal Domestic Assistance Number 14.228, "Community Development Block Grants/State's program and Non- Entitlement Grants in Hawaii"), as approved by the Texas Land Commissioner, and limited to use for facilitating recovery efforts in Presidentially-declared major disaster areas. ARTICLE I-GENERAL PROVISIONS 1.01 SCOPE OF PROJECT AND SUBAWARD (a) Scope of Project The purpose of this Contract is to set forth the terms and conditions of Subrecipient's participation in the CDBG-DR program. In strict conformance with the terms and conditions of this Contract, Subrecipient shall perform, or cause to be performed, the Infrastructure Activities defined in Attachment A (the "Project"). Subrecipient shall conduct the Project in strict accordance with this Contract, including all Contract Documents listed in SECTION 1.02, below, and any Amendments, Revisions, or Technical Guidance Letters issued by the GLO. GLO Contract No.20-065-133-C445 Page I of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 (b) Subaward Subrecipient submitted a Grant Application under the Program. The GLO enters into this Contract based on Subrecipient's approved Grant Application. Subject to the terms and conditions of this Contract and Subrecipient's approved Grant Application, the GLO shall issue a subaward to Subrecipient in an amount not to exceed $7,234,755.00, payable as reimbursement of Subrecipient's allowable expenses, to be used in strict conformance with the terms of this Contract, and the Performance Statement, Budget, and Benchmarks for Infrastructure Projects in Attachment A. The GLO is not liable to Subrecipient for any costs Subrecipient incurs before the effective date of this Contract or after the expiration or termination of this Contract. The GLO, in its sole discretion, may reimburse Subrecipient for allowable program costs incurred before the effective date of this Contract, in accordance with federal law. All other funds obtained by Subrecipient, regardless of the source, that are utilized on Subrecipient's CDBG-DR Activities are subject to compliance with all Federal and State regulations governing this Contract. 1.02 CONTRACT DOCUMENTS This Contract and the following Attachments, attached hereto and incorporated herein in their entirety for all purposes, shall govern this Contract: ATTACHMENT A: Performance Statement, Budget, and Benchmarks for Infrastructure Projects ATTACHMENT B: Federal Assurances and Certifications ATTACHMENT C: General Affirmations ATTACHMENT D: Nonexclusive List of Applicable Laws, Rules, and Regulations ATTACHMENT E: Special Conditions ATTACHMENT F: Monthly Activity Status Report ATTACHMENT G: GLO Information Security Appendix for Subrecipients ATTACHMENT H: Public Law 113-2 Contract Reporting Template 1.03 GUIDANCE DOCUMENTS Subrecipient is deemed to have read and understood, and shall abide by, all Guidance Documents applicable to the CDBG-DR program, including, without limitation: (a) 2 C.F.R. Part 200 — Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; (b) the relevant Federal Register publications; (c) the Action Plan; and (d) the applicable Method of Distribution; and GLO Contract No.20-065-133-C445 Page 2 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 (e) Other Guidance Documents posted at: http://recover. .t�gov/action-plans/ hurricane-harvey/index.html. All Guidance Documents are incorporated herein in their entirety for all purposes. 1.04 DEFINITIONS "Acquisition" means the purchase by Subrecipient of residential real property in a floodplain or Disaster Risk Reduction Area for any public purpose, as further defined in 42 U.S.C. §5305(a)(1). Subrecipient may acquire property through voluntary relinquishment by the property owner upon purchase or through its eminent domain authority. "Act" means Title I of the Housing and Community Development Act of 1974, as amended (42 U.S.C. § 5301, etseq.). "Action Plan" means the State of Texas Plan for Disaster Recovery: Hurricane Harvey — Round 1, as amended, found at hLtp://recovery.texas.gov/hud-requirements-reports/ hurricane-harvey/index.html. "Activi " means a defined class of works or services eligible to be accomplished using CDBG-DR funds. Activities are specified in Subrecipient Performance Statement and Budget in Attachment A. "Administrative and Audit Regulations" means all applicable statutes, regulations, and other laws governing administration or audit of this Contract, including Title 2, Part 200, Code of Federal Regulations and Chapters 321 and 2155 of the Texas Government Code. "Amendment" means a written agreement, signed by the Parties hereto, that documents alterations to the Contract other than those permitted by Technical Guidance Letters or Revisions, as herein defined. "Application" or "Grant Application" means the information Subrecipient provided that is the basis for the award of funding under this Contract. "As Built Plans" means the revised set of drawings submitted by a contractor upon completion of a project or a particular job that reflect all changes made in the specifications and working drawings during the construction process, and show the exact dimensions, geometry, and location of all elements of the work completed under the proj ect. "Attachment" means documents, terms, conditions, or additional information physically added to this Contract following the execution page or included by reference, as if physically attached. "Benchmark" means the milestones identified in Attachment A that define Deliverables required for release of funding throughout the life of the Contract. "Buffet" means the budget for the Activities funded by the Contract, a copy of which is included in Attachment A. "Bum" means an Acquisition by Subrecipient of residential property in a floodplain or Disaster Risk Reduction Area with the intent to reduce risk of real and personal property damage from future flooding events. Real property purchased under a local Buyout GLO Contract No.20-065-133-C445 Page 3 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 program is subject to post-acquisition land use restrictions, which require any structures on the property to be demolished or relocated and the land reverted to a natural floodplain, converted into a retention area, or retained as green space for recreational purposes. "CDBG-DR" means the U.S. Department of Housing and Urban Development's Community Development Block Grant Disaster Recovery program. "Certificate of Construction Completion" or "COCC" means a document to be executed by the Subrecipient, Subrecipient's construction contractor, and Subrecipient's engineer for each construction project that, when fully executed, provides final performance measures for the project and indicates acceptance of the completed Project. "C.F.R." means the United States Code of Federal Regulations. "Contract" means this entire document, along with any Attachments, both physical and incorporated by reference, and any Amendments, Revisions, or Technical Guidance Letters the GLO may issue, to be incorporated by reference herein for all purposes as they are issued. "Contract Documents" means the documents listed in SECTION 1.02. "Contract Period" means the period of time between the effective date of the Contract and its expiration or termination date. "Deliverable(s)" means the work product(s) required to be submitted to the GLO as set forth in the Performance Statement and Benchmarks, which are included in Attachment A. "Disaster Risk Reduction Area" means a clearly delineated area established by Subrecipient in which residential properties suffered damage from Hurricane Harvey and the safety and well-being of area residents are at risk from future flooding events. "Equipment" means tangible personal property with a useful life of more than one (1) year and an acquisition cost of Five Thousand Dollars ($5,000.00) or more per unit, as further defined at 2 C.F.R. § 200.313. "Event of Default" means the occurrence of any of the events set forth in SECTION 3.03, herein. "Federal Assurances" means Standard Form 424B (for non-construction projects) or Standard Form 424D (for construction projects), as applicable, in Attachment B, attached hereto and incorporated herein for all purposes. "Federal Certifications" means the document titled "Certification Regarding Lobbying — Compliant with Appendix A to 24 C.F.R. Part 87" and Standard Form LLL, "Disclosure of Lobbying Activities," also in Attachment B, attached hereto and incorporated herein for all purposes. "Federal Register" means the official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices, including U.S. Department of Housing and Urban Development Federal Register Docket Nos. FR-6066-N-01 and FR-6109-N-01 and any other publication affecting Hurricane Harvey—Round 1 CDBG-DR funding allocations. GLO Contract No.20-065-133-C445 Page 4 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 "Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "FWCR" means Final Wage Compliance Report, a report prepared by Subrecipient at the completion of each federally funded project certifying that all workers on the project have been paid contract-specified prevailing wages and that any restitution owed to workers has been paid. "GAAP" means "generally accepted accounting principles." "GASB" means accounting principles as defined by the Governmental Accounting Standards Board. "General Affirmations" means the affirmations in Attachment C, which Subrecipient certifies by signing this Contract. "GLO" means the Texas General Land Office and its officers, employees, and designees. "GLO Implementation Manual" means the manual created by the GLO for Subrecipients of CDBG-DR grant allocations to provide guidance and training on the policies and procedures required to effectively implement CDBG-DR programs and timely spend grant funds. "Grant Completion Report" means a report containing an as-built accounting of all projects completed under a CDBG-DR program and all information required for final acceptance of Deliverables and Contract closeout. "Guidance Documents" means the documents referenced in Section 1.03. "HUD" means the United States Department of Housing and Urban Development. "Implementation Schedule" means the schedule that establishes Project milestones Subrecipient will utilize to ensure timely expenditures and project completion. "Infrastructure" means a project involving repairs to or replacement of public works facilities and systems, including roads, bridges, dams, water and sewer systems, railways, subways, airports, and harbors. "Intellectual Property" means patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights and all applications and worldwide registration of such, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, other intangible proprietary information, and all federal, state, or international registrations or applications for any of the foregoing. "MOD" means Method of Distribution, referring to a document developed for a specific region that outlines the distribution of CDBG-DR long-term disaster recovery funding to counties, cities, and local government entities in the region. "Monthly Activity Status Report' means Project Benchmark status reports required under SECTION 4.02 and included as Attachment F of this Contract. "Performance Statement" means the statement of work for the Project in Attachment A, which includes specific Benchmarks and Activities, provides specific Project details and location(s), and lists Project beneficiaries. GLO Contract No.20-065-133-C445 Page 5 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 "Program" means the Community Development Block Grant Disaster Recovery program, administered by HUD and the GLO. "Project" means the work to be performed under this Contract, as described in SECTION 1.01(a) and Attachment A. "Project Manager" means the authorized representative of the GLO responsible for the day-to-day management of a Project and the direction of staff and independent contractors in the performance of work relating thereto. "Prompt Pat" means Chapter 2251 of the Texas Government Code. "Public Information Act" or"PIA" means Chapter 552 of the Texas Government Code. "Revision" means the GLO's written approval of changes to Deliverable due dates, movement of funds among budget categories, and other Contract adjustments the GLO may approve without a formal Amendment. "Start Up Documentation" means the documents identified in Section 2.8.1 of the GLO CDBG-DR Implementation Manual that must be completed and/or submitted to the GLO as specified in SECTION 4.01, below, before the GLO may reimburse Subrecipient for any invoiced expenses. "Subrecipient" means City of Corpus Christi, a recipient of federal CDBG-DR funds through the GLO as the pass-through funding agency. Subrecipient may also be referred to as "Provider" herein. "Technical Guidance Letter" or "TGL" means an instruction, clarification, or interpretation of the terms or requirements of this Contract, issued by the GLO and provided to Subrecipient, that is applicable to specific subject matters pertaining to this Contract and to which the addressed Program participants shall be subject. "U.S.C." means the United States Code. 1.05 INTERPRETIVE PROVISIONS (a) The meaning of a defined term applies to its singular and plural forms. (b) The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, or schedule of this Contract unless otherwise specified. (c) The term "including" means "including, without limitation." (d) Unless otherwise expressly provided, a reference to a contract includes subsequent amendments and other modifications thereto executed according to the contract's terms and a reference to a statute, regulation, ordinance, or other law includes subsequent amendments, renumbering, recodification, and other modifications thereto by the enacting authority. (e) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract. GLO Contract No.20-065-133-C445 Page 6 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 (f) The limitations, regulations, and policies contained herein are cumulative and each must be performed in accordance with its terms without regard to other limitations, regulations, and policies affecting the same matter. (g) Unless otherwise expressly provided, reference to any GLO action by way of consent, approval, or waiver is deemed modified by the phrase "in its/their sole discretion." Notwithstanding the preceding, the GLO shall not unreasonably withhold or delay any such approval, consent, or waiver. (h) All due dates and/or deadlines referenced in this Contract that occur on a weekend or holiday shall be considered as if occurring on the next business day. (i) All time periods in this Contract shall commence on the day after the date on which the applicable event occurred, report is submitted, or request is received. (j) Time is of the essence in this Contract. (k) In the event of conflicts or inconsistencies between this Contract, its Attachments, federal and state requirements, and any documents incorporated herein by reference, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: all applicable laws, rules, and regulations, including, but not limited to, those included in Attachment D; the Contract; Attachment A; Attachment E; Attachment B; Attachment C; Attachment F; Attachment G; Attachment H; applicable Guidance Documents, and the GLO Implementation Manual. Conflicts or inconsistencies between GLO Implementation Manual and this Contract, any laws, rules or regulations, or any of the Guidance Documents should be reported to the GLO for clarification of the GLO Implementation Manual. ARTICLE II—REIMBURSEMENT,ADVANCE PAYMENT,BUDGET VARIANCE,AND INCOME 2.01 REIMBURSEMENT REQUESTS Each invoice submitted by Subrecipient shall be supported by actual receipts, cancelled checks, and/or such other documentation that, in the judgment of the GLO, allows for full substantiation of the costs incurred. Requests for payment must be submitted via email to DR.Billing( glo.texas. og_v, or through the GLO's system of record, if specified by Technical Guidance Letter under this Contract. Subrecipient must submit, and the GLO must approve, all invoices for incurred expenses related to a specific Benchmark, including invoices for expenses incurred by any subcontractor, before Subrecipient will be reimbursed for expenses related to succeeding Benchmarks, as outlined in Attachment A. 2.02 TIMELY EXPENDITURES In accordance with the Federal Register and to ensure timely expenditure of grant funds, Subrecipient shall submit reimbursement requests under this Contract, at a minimum, quarterly. THE GLO MUST RECEIVE A REIMBURSEMENT REQUEST FOR AN INCURRED EXPENSE NOT LATER THAN ONE HUNDRED TWENTY (120) DAYS FROM THE DATE SUBRECIPIENT GLO Contract No.20-065-133-C445 Page 7 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 OR ANY OF ITS SUBCONTRACTORS INCURS THE EXPENSE. THE GLO MAY, IN ITS SOLE DISCRETION, DENY REIMBURSEMENT REQUESTS THAT DO NOT MEET THIS REQUIREMENT. Subrecipient shall make timely payments to its subcontractors in accordance with Chapter 2251 of the Texas Government Code. Subrecipient shall submit final reimbursement requests to the GLO no later than sixty (60) days after this Contract expires or is terminated. The GLO, in its sole discretion, may deny payment and de-obligate remaining funds from the contract sixty (60) days after expiration or termination of the Contract. The GLO's ability to de-obligate funds under this Section 2.02 notwithstanding, the GLO shall pay all eligible reimbursement requests. 2.03 VARIANCE Amendments to decrease or increase the subaward amount or to add or delete an Activity may be made only by written agreement of the Parties, under the formal Amendment process described in SECTION 8.15, below. Upon completion of the Project, the GLO shall formally close out the Project by issuing a close-out letter to Subrecipient. The GLO may, in its sole discretion and in conformance with federal law, approve other adjustments required during Project performance through a Revision or Technical Guidance Letter. Such aprovals must be in writing, and may be delivered by regular mail, electronic mail, or facsimile transmission. SUBRECIPIENT SHALL SUBMIT A FINAL BUDGET AND ACTUAL EXPENDITURES AS PART OF THE GRANT COMPLETION REPORT TO THE GLO NO LATER THAN SIXTY (60) DAYS AFTER THE CONTRACT TERMINATES OR EXPIRES OR AT THE CONCLUSION OF ALL CONTRACT ACTIVITIES, WHICHEVER OCCURS FIRST. THE GRANT COMPLETION REPORT SHALL BE IN A FORMAT PRESCRIBED BY THE GLO AND SHALL CONFIRM COMPLETION OF ALL ACTIVITIES PERFORMED UNDER THIS CONTRACT. 2.04 PROGRAM INCOME In accordance with 2 C.F.R. § 200.307, Subrecipient shall maintain records of the receipt and accrual of all Program Income, as Program Income is defined at 2 C.F.R. § 200.80. Subrecipient shall report Program Income to the GLO in accordance with ARTICLE IV of this Contract. Subrecipient shall return all Program Income to the GLO at least quarterly. 2.05 SUBAWARD OFFER SUBJECT TO CANCELLATION IF SUBRECIPIENT DOES NOT RETURN THE ORIGINAL SIGNED CONTRACT TO THE GLO WITHIN SIXTY (60) DAYS OF TRANSMITTAL OF THE CONTRACT TO SUBRECIPIENT, SUBAWARD FUNDING FOR THE PROJECT MAY BE SUBJECT TO CANCELLATION, IN THE SOLE DISCRETION OF THE GLO. ARTICLE III-DURATION,EXTENSION,AND TERMINATION OF CONTRACT 3.01 DURATION OF CONTRACT AND EXTENSION OF TERM This Contract shall become effective on the date signed by the last Party, and shall terminate on August 31, 2022 ("Contract Period"), or upon the completion of all GLO Contract No.20-065-133-C445 Page 8 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Benchmarks listed in Attachment A, and required closeout procedures, whichever occurs first. Subrecipient must meet all Proiect Benchmarks in Attachment A. Subrecipient's failure to meet any Benchmark may result in suspension of payment or termination under Sections 3.02,3.03,or 3.04, below. Upon receipt of a written request and acceptable justification from Subrecipient, the GLO may amend this Contract to extend the Contract Period. ANY REQUEST FOR EXTENSION MUST BE RECEIVED BY THE GLO AT LEAST SIXTY (60) DAYS BEFORE THE ORIGINAL TERMINATION DATE OF THIS CONTRACT AND,IF APPROVED,SUCH EXTENSION SHALL BE BY WRITTEN AMENDMENT. 3.02 EARLY TERMINATION The GLO may terminate this Contract by giving written notice specifying a termination date at least thirty (30) days after the date of the notice. Upon receipt of such notice, Subrecipient shall cease work, terminate any subcontracts, and incur no further expense related to this Contract. Such early termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. 3.03 EVENTS OF DEFAULT Each of the following events shall constitute an Event of Default under this Contract: (a) Subrecipient fails to comply with any term, covenant, or provision contained in this Contract; (b) Subrecipient makes a general assignment for the benefit of creditors or takes any similar action for the protection or benefit of creditors; or (c) Subrecipient makes a materially incorrect representation or warranty in a Performance Statement, a reimbursement request for payment, or any report submitted to the GLO under the Contract. Prior to a determination of an Event of Default, the GLO shall allow a thirty (30) day period to cure any deficiency or potential cause of an Event of Default. The GLO may extend the time allowed to cure any deficiency or potential cause of an Event of Default. The GLO shall not arbitrarily withhold approval of an extension of the time allowed to cure a deficiency or potential cause of an Event of Default. In no event shall the amount of time allowed to cure a deficiency or potential cause of an Event of Default extend beyond the Contract Period. 3.04 REMEDIES;NO WAIVER Upon the occurrence of any Event of Default, the GLO may avail itself of any equitable or legal remedy available to it, including without limitation, withholding payment, disallowing all or part of noncompliant Activities, or suspending or terminating the Contract. The Parties' rights or remedies under this Contract are not intended to be exclusive of any other right or remedy, and each and every right and remedy shall be cumulative and in addition to any other right or remedy given under this Contract, or hereafter legally existing, upon the occurrence of an Event of Default. The GLO's failure to insist upon the strict observance or performance of any of the provisions of this Contract or to exercise any right or remedy provided in this Contract shall not impair, waive, or relinquish any such right or remedy with respect to another Event of Default. GLO Contract No.20-065-133-C445 Page 9 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 ARTICLE IV-CONTRACT ADMINISTRATION 4.01 SUBMISSIONS—GENERALLY Except for legal notices that must be sent by specific instructions pursuant to SECTION 8.10 of the Contract and all other reports and documentation the GLO requires, any report, form, document, or request required to be submitted to the GLO under this Contract shall be sent in the format prescribed by the GLO. If Subrecipient fails to submit to the GLO in a timely and satisfactory manner any report required by this Contract, the GLO, in its sole discretion, may withhold any payments, pending Subrecipient's correction of the deficiency. (a) Start Up Documentation Not later than the close of business sixty (60) days after the effective date of this Contract, Subrecipient must submit Start Up Documentation to the GLO. (b) Forms In conformance with required state and federal laws applicable to the Contract: (i) Subrecipient certifies, by the execution of this Contract, all statements in Attachment C, General Affirmations; (ii) Subrecipient must execute Standard Form 424D, Federal Assurances for Construction Programs, found at Page 1 of Attachment B; (iii) Subrecipient must execute the "Certification Regarding Lobbying Compliant with Appendix A to 24 C.F.R. Part 87," found at Page 3 of Attachment B; and (iv) If any funds granted under this Contract have been used for lobbying purposes, Subrecipient must complete and execute Standard Form LLL, "Disclosure of Lobbying Activities," found at Page 4 of Attachment B. 4.02 MONTHLY ACTIVITY STATUS REPORTS Subrecipient must provide monthly Activity status reporting, in the format prescribed in Attachment F (Monthly Activity Status Report), for each individual Activity identified in Attachment A. The Monthly Activity Status Report is due on the first day of each month for the duration of the Contract. Any licenses or permits required for the work identified in Attachment A shall be included as a part of the Monthly Activity Status Report for the period during which they are obtained, pursuant to Section 8.01, herein. Subrecipient shall email Monthly Activity Status Reports to DR.Status.Reportinrecovery.texas.gov. 4.03 HUD CONTRACT REPORTING REQUIREMENT HUD requires the GLO to maintain a public website that accounts for the use and administration of all GLO-administered CDBG-DR grant funds. To assist the GLO in meeting this requirement, Subrecipient must prepare and submit monthly to the GLO a written summary of all contracts procured by Subrecipient using grant funds awarded under this Contract. Reports shall be submitted to cdrsubsreportin recovery.texas.gov, GLO Contract No.20-065-133-C445 Page 10 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 unless otherwise specified in a Technical Guidance Letter issued under this Contract. Subrecipient shall only report contracts as defined in 2 CFR § 200.22. Subrecipient must use a template developed by HUD to prepare the monthly reports, attached hereto as Attachment H and accessible online at https://www.hudexchange.info/resource/ 3898/public-law-113-2-contract-reporting-template/. Additional information about this reporting requirement is available in Federal Register publications governing the Hurricane Harvey CDBG-DR funding allocation. ARTICLE V-FEDERAL AND STATE FUNDING,RECAPTURE OF FUNDS,AND OVERPAYMENT 5.01 FEDERAL FUNDING (a) Funding for this Contract is appropriated under the Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (Public Law 115-56), enacted on September 8, 2017, to facilitate disaster recovery, restoration, economic revitalization, and to affirmatively further fair housing in accordance with Executive Order 12892, in areas affected by the Texas Hurricane Harvey (DR-4332), which are Presidentially-declared major disaster areas under Title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. § 5121, et seq.). The fulfillment of this Contract is based on those funds being made available to the GLO as the lead administrative state agency. All expenditures under this Contract must be made in accordance with this Contract, the rules and regulations promulgated under the CDBG-DR Program and any other applicable laws. All funds disbursed under this Contract are subject to recapture and repayment for non-compliance. (b) To participate in the CDBG-DR program, Subrecipient must have a Data Universal Numbering System (DUNS) number and a Commercial and Government Entity (CAGE) code. Subrecipient must report its DUNS number and CAGE code to the GLO for use in various reporting documents. A DUNS number and CAGE code may be obtained by visiting the System for Award Management website at https://www.sam.2ov. Assistance with this website is available by calling 866-606-8220. 5.02 STATE FUNDING (a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6, of the Texas Constitution, all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the GLO may terminate this Contract. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. (b) Any claim by Subrecipient for damages under this Contract may not exceed the amount due and owing Subrecipient under the Contract or the amount of funds appropriated for payment, but not yet paid to Subrecipient, under the annual GLO Contract No.20-065-133-C445 Page 11 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 budget in effect at the time of the breach. Nothing in this provision shall be construed as a waiver of sovereign immunity. 5.03 RECAPTURE OF FUNDS Subrecipient shall conduct, in a satisfactory manner as determined by the GLO, the Activities as set forth in the Contract. The discretionary right of the GLO to terminate for convenience under Section 3.02 notwithstanding, the GLO may terminate the Contract and recapture, and be reimbursed by Subrecipient for, any payments made by the GLO (a) that exceed the maximum allowable HUD rate; (b) that are not allowed under applicable laws, rules, and regulations; or (c) that are otherwise inconsistent with this Contract, including any unapproved expenditures. This recapture provision applies to any funds expended for the Proiect or any Activity that does not meet a CDBG-DR Program National Obiective as specified in the Performance Statement in Attachment A or that is not otherwise eligible under CDBG-DR regulations. 5.04 OVERPAYMENT AND DISALLOWED COSTS Subrecipient shall be liable to the GLO for any costs disallowed pursuant to financial and/or compliance audit(s) of funds received under this Contract. Subrecipient shall reimburse disallowed costs from funds which were not provided or otherwise made available to Subrecipient under this Contract. 5.05 FINAL BENCHMARK To ensure full performance of the Project, the GLO has set aside an amount equal to five percent (5%) of Subrecipient's subaward until completion and acceptance by the GLO of all Activities and Benchmarks identified in the Performance Statement in Attachment A. The GLO shall make a final disbursement only upon receipt of documentation sufficient to determine that Subrecipient has completed the Activities in accordance with the Performance Statement, the Contract Documents, and all applicable laws, rules, and regulations. ARTICLE VI-INTELLECTUAL PROPERTY 6.01 OWNERSHIP AND USE (a) The Parties shall jointly own all right, title, and interest in and to all reports, drafts of reports, or other material, data, drawings, computer programs and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any material or information developed and/or required to be delivered under this Contract, with each Party having the right to use, reproduce, or publish any or all of such information and other materials without obtaining permission from the other Party and without expense or charge. (b) Subrecipient grants the GLO and HUD a royalty free, non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, for U.S. Government purposes, all reports, drafts of reports, or other material, data, drawings, computer programs, and codes associated with this Contract, and/or any copyright or other intellectual property rights, and any GLO Contract No.20-065-133-C445 Page 12 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 material or information developed and/or required to be delivered under this Contract. 6.02 NON-ENDORSEMENT BY STATE AND THE UNITED STATES Subrecipient shall not publicize or otherwise circulate promotional material (such as advertisements, sales brochures, press releases, speeches, still or motion pictures, articles, manuscripts, or other publications) that states or implies the GLO, the State of Texas, U.S. Government, or any government employee, endorses a product, service, or position the Subrecipient represents. Subrecipient may not release information relating to this Contract or state or imply that the GLO, the State of Texas, or the U.S. Government approves of Subrecipient's work products or considers Subrecipient's work product to be superior to other products or services. 6.03 DISCLAIMER REQUIRED Subrecipient shall include a disclaimer on all public information releases issued pursuant to this Contract stating that the funds for this Project or any Program are provided by Subrecipient and the Texas General Land Office through HUD's CDBG Program. ARTICLE VII-RECORDS,AUDIT,AND RETENTION 7.01 BOOKS AND RECORDS Subrecipient shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records sufficient to allow the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives to determine Subrecipient's compliance with this Contract and all applicable laws, rules, and regulations, including the applicable laws and regulations provided in Attachment D. 7.02 INSPECTION AND AUDIT (a) All records related to this Contract, including records of Subrecipient and its subcontractors, shall be subject to the Administrative and Audit Regulations. Accordingly, such records and work product shall be subject, at any time, to inspection, examination, audit, and copying at the Subrecipient's primary location or any location where such records and work product may be found, with or without notice from the GLO or other government entity with necessary legal authority. Subrecipient shall cooperate fully with any federal or state entity in the conduct of inspection, examination, audit, and copying, including providing all information requested. Subrecipient will ensure that this clause concerning federal and state entities' authority to inspect, examine, audit, and copy records and work product, and the requirement to fully cooperate with the federal and state entities, is included in any subcontract it awards. (b) The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. Acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit GLO Contract No.20-065-133-C445 Page 13 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, or any authorized representative of the U.S. Government shall also have this right of inspection. Subrecipient shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Subrecipient and the requirement to cooperate is included in any subcontract it awards. (c) Subrecipient will be deemed to have read and know of all applicable federal, state, and local laws, regulations, and rules pertaining to the Project, including those identified in Attachment D, governing audit requirements. 7.03 SUBRECIPIENT SELF-AUDIT AND TARGETED AUDITS (a) Subrecipient Self-Audit Upon the GLO's or HUD's approval, Subrecipient may conduct an annual financial and compliance audit of funds received and performance rendered under this Contract. Subrecipient may use funds budgeted under this Contract to pay for that portion of the cost of such audit services properly allocable to the Activities funded under this Contract, provided that the GLO shall not pay the cost of such audit services until the GLO has received Subrecipient's satisfactory audit report and invoice, as determined by the GLO. The invoice submitted for reimbursement must clearly show the percentage of cost allocable to the Activities funded under this Contract relative to the total cost of the audit services. Therefore, Subrecipient shall submit an invoice showing the total cost of the audit and the corresponding prorated charge per funding source. If applicable, Subrecipient shall submit an explanation with the reimbursement request, explaining why the percentage of audit fees exceeds the prorated amount allowable. (b) Targeted Audits and Monitoring Visits The GLO may at any time perform, or instruct the performance of, an annual program and/or fiscal audit, or conduct a special or targeted audit of any aspect of the Subrecipient's operation, using an auditor of the GLO's choice. Subrecipient shall maintain financial and other records prescribed by the GLO or by applicable federal or state laws, rules, and regulations. 7.04 PERIOD OF RETENTION All records relevant to this Contract shall be retained for a period of three (3) years subsequent to the final closeout of the overall State of Texas CDBG-DR program, in accordance with federal regulations. The GLO will notify all Program participants of the date upon which local records may be destroyed. GLO Contract No.20-065-133-C445 Page 14 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 ARTICLE VIII-MISCELLANEOUS PROVISIOI S 8.01 LEGAL OBLIGATIONS Subrecipient shall procure and maintain for the duration of this Contract any license, authorization, insurance, waiver, permit, qualification, or certification required by federal, state, county, or city statute, ordinance, law, or regulation to be held by Subrecipient to provide the goods or services required by this Contract. Subrecipient shall pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Subrecipient shall pay any such government obligations not paid by its subcontractors during performance of this Contract. Subrecipient shall include copies of such licenses and permits as a part of the Monthly Activity Status Report for the period during which they are obtained. 8.02 INDEMNITY To the extent permitted under the law, except for damages directly or proximately caused by the gross negligence of the GLO, Subrecipient shall indemnify and hold harmless the State of Texas, the GLO, and the officers, representatives, agents, and employees of the State of Texas and the GLO from any losses, claims, suits, actions, damages, or liability (including all costs and expenses of defending against all of the aforementioned) arising in connection with: (a) This Contract; (b) Any negligence, act, omission, or misconduct in the performance of the services referenced herein; or (c) Any claims or amounts arising or recoverable under federal or state workers' compensation laws, the Texas Tort Claims Act, or any other such laws. Subrecipient shall be responsible for the safety and well-being of its employees, customers, and invitees. These requirements shall survive the term of this Contract until all claims have been settled or resolved and suitable evidence to that effect has been furnished to the GLO. The provisions of this Section shall survive termination of this Contract. 8.03 INSURANCE AND BOND REQUIREMENTS (a) Unless Subrecipient is authorized by Chapter 2259 of the Texas Government Code to self-insure, Subrecipient shall carry insurance for the duration of this Contract in types and amounts necessary and appropriate for the Project. (b) Subrecipient shall require all contractors, subcontractors, vendors, service providers, or any other person or entity performing work described in Attachment A to carry insurance for the duration of the Project in the types and amounts customarily carried by a person or entity providing such goods or services. Subrecipient shall require any person or entity required to obtain insurance under this Section to complete and file the declaration pages from the insurance policies with Subrecipient whenever a previously identified policy GLO Contract No.20-065-133-C445 Page 15 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 period expires during the term of Subrecipient's contract with the person or entity, as proof of continuing coverage. Subrecipient's contract with any such person or entity shall clearly state that acceptance of the insurance policy declaration pages by the Subrecipient shall not relieve or decrease the liability of the person or entity. Persons or entities shall be required to update all expired policies before Subrecipient's acceptance of an invoice for monthly payment from such parties. (c) Subrecipient shall require performance and payment bonds to the extent they are required under Chapter 2253 of the Texas Government Code. (d) Subrecipient shall require, on all construction projects, that any person or entity required to provide Federal Construction Assurances shall complete form SF-4241), entitled "Assurances — Construction Programs," and Subrecipient shall maintain such documentation. 8.04 ASSIGNMENT AND SUBCONTRACTS Subrecipient shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract without the GLO's prior written consent. Notwithstanding this provision, Subrecipient may subcontract some or all of the services to be performed under this Contract. In any subcontracts, Subrecipient shall legally bind the subcontractor to perform and make such subcontractor subject to all the duties, requirements, and obligations of Subrecipient as specified in this Contract. Nothing in this Contract shall be construed to relieve Subrecipient of the responsibility for ensuring that the goods delivered and/or the services rendered by Subrecipient and/or any of its subcontractors comply with all the terms and provisions of this Contract. For subcontracts to which Federal Labor Standards requirements apply, Subrecipient shall submit to the GLO all documentation required to ensure compliance. Subrecipient shall retain five percent (5%) of the payment due under each of Subrecipient's construction or rehabilitation subcontracts until the GLO determines that the Federal Labor Standards requirements applicable to each such subcontract have been satisfied. 8.05 PROCUREMENT Subrecipient must comply with the procurement procedures stated at 2 C.F.R. §§ 200.318 through 200.326 and all other applicable federal, state, and local procurement procedures and laws, regulations, and rules. Subrecipient must confirm that its vendors and subcontractors are not debarred from receiving state or federal funds at each of the following web addresses: Texas Comptroller's Vendor Performance Program at: hLtps://c omptroller.texas.gov/purchasing/purchasing_/; and the Federal General Services Administration's System for Award Management at: hlt2s://www.sam.gov/. GLO Contract No.20-065-133-C445 Page 16 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 8.06 PURCHASES AND EQUIPMENT Any purchase of Equipment or computer software shall be made in accordance with all applicable laws, regulations, and rules including those listed in Attachment D. Subrecipient shall retain title to and possession of any Equipment or computer software unless and until transferred to the GLO, upon the GLO's written request, or disposed of in accordance with federal regulations. Subrecipient shall furnish, with its final request for reimbursement, a list of all Equipment and computer software purchased with Program funds under the Contract, including the name of the manufacturer, the model number, and the serial number, if applicable. The disposition of any Equipment or computer software shall be in accordance with all applicable laws, regulations, and rules, including those listed in Attachment D. 8.07 COMMUNICATION WITH THIRD PARTIES The GLO and the authorities named in ARTICLE VII, above, may initiate communications with any subcontractor, and may request access to any books, documents, personnel, papers, and records of a subcontractor which are pertinent to this Contract. Such communications may be required to conduct audits, examinations, Davis- Bacon Labor Standards interviews, and gather additional information as provided in ARTICLE VII herein. 8.08 RELATIONSHIP OF THE PARTIES Subrecipient is associated with the GLO only for the purposes and to the extent specified in this Contract. Subrecipient is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract creates a partnership or joint venture, employer- employee or principal-agent relationships, or any liability whatsoever with respect to the indebtedness, liabilities, or obligations of Subrecipient or any other party. Subrecipient shall be solely responsible for, and the GLO shall have no obligation with respect to: withholding of income taxes, FICA, or any other taxes or fees; industrial or workers' compensation insurance coverage; participation in any group insurance plans available to employees of the State of Texas; participation or contributions by the State to the State Employees Retirement System; accumulation of vacation leave or sick leave; or unemployment compensation coverage provided by the State. 8.09 COMPLIANCE WITH OTHER LAWS In the performance of this Contract, Subrecipient shall comply with all applicable federal, state, and local laws, ordinances, and regulations, including those listed in Attachments B, C, and D. Subrecipient is deemed to know and understand all applicable laws, statutes, ordinances, and regulations affecting its performance under this Contract. 8.10 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail (certified, postage paid, return receipt requested) or with a common carrier(overnight, signature required)to the appropriate address below. GLO Contract No.20-065-133-C445 Page 17 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 GLO Texas General Land Office 1700 N. Congress Avenue, 7th Floor Austin, TX 78701 Attention: Contract Management Division Subrecipient City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 Attention: Keith Selman Notice given in any other manner shall be deemed effective only if and when received by the Party to be notified. Either Party may change its address for notice by written notice to the other Party as herein provided. 8.11 GOVERNING LAW AND VENUE This Contract and the rights and obligations of the Parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Subrecipient irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it may now or hereafter have to the bringing of any action or proceeding in such jurisdiction with respect to this Contract or any document related hereto. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 8.12 SEVERABILITY If a court of competent jurisdiction determines any provision of this Contract is invalid, void, or unenforceable, the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. 8.13 DISPUTE RESOLUTION Except as otherwise provided by statute, rule or regulation, Subrecipient shall use the dispute resolution process established in Chapter 2260 of the Texas Government Code and related rules to attempt to resolve any dispute under this Contract, including a claim for breach of contract by the GLO, that the Parties cannot resolve in the ordinary course of business. Neither the occurrence of an event giving rise to a breach of contract claim nor the pendency of such a claim constitutes grounds for Subrecipient to suspend performance of this Contract. Notwithstanding this provision, the GLO reserves all legal and equitable rights and remedies available to it. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. GLO Contract No.20-065-133-C445 Page 18 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 8.14 PUBLIC RECORDS Information related to the performance of this Contract may be subject to the Public Information Act ("PIA") and will be withheld from public disclosure or released only in accordance therewith. Subrecipient shall 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/the GLO. Subrecipient shall make any information required under the PIA available to the GLO in portable document file (".pdf') format or any other format agreed between the Parties. Subrecipient's failure to mark as "confidential" or a "trade secret" any information it believes to be excepted from disclosure waives all claims Subrecipient may make against the GLO for releasing such information without prior notice to Subrecipient. Subrecipient shall release the following information upon receipt of an open records request: (a) The amount of CDBG-DR funds expected to be made available; (b) The range of Activities that may be undertaken with CDBG-DR funds; (c) The estimated amount of CDBG-DR funds proposed to be used for Activities that will meet the national objective of benefit to low- and moderate-income persons; and (d) The proposed CDBG-DR Activities likely to result in displacement and the Subrecipient's anti-displacement and relocation plan. 8.15 AMENDMENTS TO THE CONTRACT Amendments to decrease or increase the subaward, to add or delete an Activity, to extend the term of the Contract, and/or to make other substantial amendments to the Contract may be made only by written agreement of the Parties, under the formal Amendment process except that, upon completion of the Project, the GLO shall issue a close-out letter pursuant to SECTION 2.03. The formal Amendment process requires submission by the GLO Project Manager of the proposed amended language or amount to the GLO Contract Management Division for the preparation of a formal Amendment and circulation for necessary GLO and Subrecipient signatures. In the sole discretion of the GLO, and in conformance with federal law, the GLO may approve other adjustments required during Project performance by the GLO by way of a Revision or Technical Guidance Letter unilaterally issued by the GLO and acknowledged by the Subrecipient. Such aprovals must be in writing and may be delivered by U.S. mail or electronic mail. Pursuant to SECTION 2.03 hereof, a final Grant Completion Report of all Activities performed under this Contract shall be submitted to the GLO and shall include all such informal revisions approved by the GLO over the life of the Contract. 8.16 ENTIRE CONTRACT AND MODIFICATIONS This Contract, its Attachments, Technical Guidance Letter(s), and/or Revision(s) issued in conjunction with this Contract, if any, constitute the entire agreement of the Parties and are intended as a complete and exclusive statement of the promises, representations, GLO Contract No.20-065-133-C445 Page 19 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 negotiations, discussions, and other agreements made in connection with the subject matter hereof. Any additional or conflicting terms in Attachment(s), Technical Guidance Letter(s), and/or Revision(s) shall be harmonized with this Contract to the extent possible. Unless an Attachment, Technical Guidance Letter, or Revision specifically displays a mutual intent to amend a particular part of this Contract, general conflicts in language shall be construed consistently with the Contract. 8.17 PROPER AUTHORITY Each Party hereto represents and warrants that the person executing this Contract on its behalf has full power and authority to legally bind its respective entity. Subrecipient acknowledges that this Contract is effective for the period of time specified in the Contract. Any work performed by Subrecipient after the Contract terminates is performed at the sole risk of Subrecipient. 8.18 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute but one and the same Contract. 8.19 SURVIVAL The provisions of ARTICLES V, VI, and VII and SECTIONS 1.01, 1.03, 2.05, 3.02, 3.04, 8.02, 8.03,8.07,8.08,8.09,8.10,8.11,8.13,8.14,and 8.15 of this Contract and any other continuing obligations of Subrecipient shall survive the termination or expiration of this Contract. 8.20 CONTRACT CLOSEOUT Upon completion of all Activities required for the Contract, and, pursuant to SECTION 2.03 hereof, Subrecipient shall prepare a final Grant Completion Report confirming final performance measures, budgets, and expenses. The GLO will close the contract in accordance with 2 C.F.R. §§ 200.343 through 200.345 and GLO CDBG-DR guidelines consistent therewith. The GLO will notify Subrecipient via official closeout letter upon review and approval of the final Grant Completion Report. 8.21 INDIRECT COST RATES Unless, under the terms of 2 C.F.R. Part 200, Appendix V, Subrecipient has negotiated or does negotiate an indirect cost rate with the federal government, subject to periodic renegotiations of the rate during the Contract Period, or is exempt from such negotiations and has developed and maintains an auditable central service cost allocation plan, Subrecipient's indirect cost rate shall be set by 2 C.F.R. § 200.414(f), i.e., ten percent (10%). 8.22 CONFLICT OF INTEREST (a) Subrecipient shall abide by the provisions of this Section and include the provisions in all subcontracts. Subrecipient shall comply with all conflict of interest laws and regulations applicable to the Program. GLO Contract No.20-065-133-C445 Page 20 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 (b) Subrecipient shall maintain written standards of conduct covering conflicts of interest and governing the actions of its employees engaged in the selection, award, and administration of contracts. 8.23 FORCE MAJEURE Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant shall be suspended, and the affected Party shall not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure must promptly notify the other Party of the Force Majeure in writing and, if possible, such notice must set forth the extent and duration thereof. The Party claiming Force Majeure must exercise due diligence to prevent, eliminate, or overcome such Force Majeure when it is possible to do so and shall resume performance at the earliest possible date. However, if nonperformance continues for more than thirty (30) days, the GLO may terminate this Contract immediately upon written notification to Subrecipient. 8.24 ENVIRONMENTAL CLEARANCE REQUIREMENTS (a) Subrecipient is responsible for conducting environmental reviews and for obtaining any environmental clearance necessary for successful completion of the Project. Subrecipient shall prepare an environmental review or assessment of each Activity in accordance with applicable laws, regulations, rules, and guidance. Subrecipient shall maintain a written Environmental Review Record ("ERR") for each Activity, including all supporting source documentation and documentation to support any project mitigation. Subrecipient shall provide a copy of the ERR and all related source documentation to the GLO. (b) Subrecipient shall address inquiries and complaints and shall provide appropriate redress related to environmental Activities. Subrecipient shall document each communication issued or received hereunder in the related ERR. (c) The GLO may, in its sole discretion, reimburse Subrecipient for certain exempt environmental Activities, as defined in federal regulations. Reimbursement requests for exempt environmental Activities must be supported by the proper HUD-prescribed form. (d) The Parties acknowledge and understand that the GLO may enter into Interagency agreements with the Texas Historical Commission and other entities in order to facilitate any necessary environmental or historic review. The GLO may incorporate one or more Interagency agreements into this contract via a Technical Guidance Letter. GLO Contract No.20-065-133-C445 Page 21 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 8.25 CITIZEN PARTICIPATION AND ALTERNATIVE REQUIREMENTS (a) Subrecipient must ensure that all citizens have equal and ongoing access to information about the Project, including ensuring that Project information is available in the appropriate languages for the geographical area served by the Subrecipient. Information furnished to citizens shall include, without limitation: (i) The amount of CDBG-DR funds expected to be made available; (ii) The range of Activities that may be undertaken with the CDBG-DR funds; (iii) The estimated amount of the CDBG-DR funds proposed to be used for Activities meeting the national objective of benefiting low-to-moderate income persons; and (iv) A clear statement of such and the entity's anti-displacement and relocation plan if any proposed CDBG-DR Activities are likely to result in displacement. (b) Complaint Procedures: Subrecipient must have written citizen complaint procedures that provide a timely written response (within fifteen (15) working days) to complaints and grievances. Subrecipient shall notify citizens of the location and the days and hours when the location is open for business so they may obtain a copy of these written procedures. (c) Technical Assistance: If requested, Subrecipient shall provide technical assistance to persons of low and moderate income in completing their applications under the Project. (d) Subrecipient shall maintain a citizen participation file that includes a copy of the Subrecipient's complaint procedures, documentation and evidence of opportunities provided for citizen participation (e.g., public notices, advertisements, flyers, etc.), documentation of citizen participation events (e.g., meeting minutes, attendance lists, sign-in sheets, news reports, etc.), and documentation of any technical assistance requested and/or provided. 8.26 SIGNAGE REQUIREMENTS On any public building or facility funded under this Contract, Subrecipient shall place permanent signage. Signs shall be placed in a prominent, visible public location. Subrecipient shall format each sign to best fit the architectural design of the building or facility but the sign should be legible from a distance of at least three (3) feet. For other construction projects (e.g., water transmission lines, sewer collection lines, drainage, roadways, housing rehabilitation) funded under this Contract, Subrecipient shall place temporary signage erected in a prominent location at the construction project site or along a major thoroughfare within the locality. All signage required under this Section 8.25 shall contain the following: "This project is funded by the Texas General Land Office of the State of Texas, to provide for disaster recovery and restoration of infrastructure for communities impacted by Hurricane Harvey. The funds have been allocated by the United States Department of GLO Contract No.20-065-133-C445 Page 22 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4E04-946D-298D8136C580 Housing and Urban Development through the Community Development Block Grant Program." 8.27 PROCUREMENT OF RECOVERED MATERIALS (a) To the extent applicable, Subrecipient shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired: (i) Competitively within a timeframe providing for compliance with the Contract performance schedule; (ii) In a way that meets Contract performance requirements; or (iii) At a reasonable price. (b) Additional information about the requirement in 2 CFR § 200.322 for the maximum use of recovered/recycled materials, along with the list of EPA- designated items, is available at EPA's Comprehensive Procurement Guidelines website, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpm r�gram. 8.28 EQUAL OPPORTUNITY CLAUSE Provider hereby agrees that it will incorporate or cause to be incorporated into any contract for construction work, or modification thereof, as defined in the regulations of the Secretary of Labor at 41 C.F.R. Chapter 60, which is paid for in whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, contract, loan, insurance, or guarantee, or undertaken pursuant to any Federal program involving such grant, contract, loan, insurance, or guarantee, the following equal opportunity clause: "During the performance of this contract,the contractor agrees as follows: (1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include,but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will,in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. GLO Contract No.20-065-133-C445 Page 23 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 (3) The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions,including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such GLO Contract No.20-065-133-C445 Page 24 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States." Provider further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work: Provided, That if Provider so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract. Provider agrees that it will assist and cooperate actively with the GLO and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish the GLO and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist the GLO in the discharge of the GLO's primary responsibility for securing compliance. Provider further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has not demonstrated eligibility for, Government contracts, as defined in 41 C.F.R. § 60-1.3, and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part 11, Subpart D of the Executive Order. In addition, Provider agrees that if it fails or refuses to comply with these undertakings, the GLO may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this Contract; refrain from extending any further assistance to Provider under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from Provider; and refer the case to the Department of Justice for appropriate legal proceedings. 8.29 INFORMATION AND DATA SECURITY STANDARDS Subrecipient shall comply with all terms specified in the GLO Information Security Appendix for Subrecipients, incorporated herein for all purposes as Attachment G. 8.30 STATEMENTS OR ENTRIES WARNING: ANY PERSON WHO KNOWINGLY MAKES A FALSE CLAIM OR STATEMENT TO HUD MAY BE SUBJECT TO CIVIL OR CRIMINAL PENALTIES UNDER 18 U.S.C.§ 287, 18 U.S.C.§ 1001,AND 31 U.S.C.§ 3729. Except as otherwise provided under federal law, any person who knowingly and willfully falsifies, conceals, or covers up a material fact by any trick, scheme, or device or who makes any materially false, fictitious, or fraudulent statement or representation or who makes or uses any false writing or document despite knowing the writing or document to contain any materially false, fictitious, or fraudulent statement or entry shall be prosecuted under Title 18, United States Code, § 1001. GLO Contract No.20-065-133-C445 Page 25 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4E04-946D-298D8136C580 Under penalties of 18 U.S.C. § 287, 18 U.S.C. § 1001, and 31 U.S.C. § 3729, the undersigned Subrecipient representative hereby declares that he/she has examined this Contract and Attachments, and, to the best of his/her knowledge and belief, any statements, entries, or claims made by Subrecipient are true, accurate, and complete. SIGNATURE PAGE FOLLOWS GLO Contract No.20-065-133-C445 Page 26 of 26 DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 SIGNATURE PAGE FOR GLO CONTRACT NO.20-065-133-C445 INFRASTRUCTURE SUBRECIPIENT CONTRACT AGREEMENT—HARVEY ROUND 1 GENERAL LAND OFFICE CITY OF CORPUS CHRISTI DocuSigned by: DocuSigned by: 4& Sc,(. ou — 37 ns hief Clerk/ Keith Selman 9F255AD9580E40E... Deputy Land Commissioner Title: Assistant City Manager Date of execution: 6/17/2020 Date of execution: 6/16/2020 DS OGC DS PM ra/ Ds SDD �( DS DGC DS GC 9G ATTACHED TO THIS CONTRACT: ATTACHMENT A Performance Statement, Budget, and Benchmarks for Infrastructure Projects ATTACHMENT B Federal Assurances and Certifications ATTACHMENT C General Affirmations ATTACHMENT D Nonexclusive List of Applicable Laws, Rules, and Regulations ATTACHMENT E Special Conditions ATTACHMENT F Monthly Activity Status Report ATTACHMENT G GLO Information Security Appendix for Subrecipients ATTACHMENT H Public Law 113-2 Contract Reporting Template ATTACHMENTS FOLLOW DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment GLO Contract No.20-065-133-C445 Page 1 of 2 CITY OF CORPUS CHRISTI 20-065-133-C445 PERFORMANCE STATEMENT Hurricane Harvey overwhelmed the drainage system of the city of Corpus Christi (Subrecipient). Heavy rainfall caused flooding of homes and streets. Undersized culverts throughout the city prohibited stormwater from draining effectively. This inundated the drainage system and threatened public health, safety, and welfare. Subrecipient will conduct drainage Infrastructure improvements to facilitate proper stormwater conveyance and reduce the impact of future flooding. Subrecipient shall perform the Activities identified herein for the target area specified in its approved Texas Community Development Block Grant Disaster Recovery Supplemental Grant Application to aid areas most impacted by Hurricane Harvey. The persons to benefit from the Activities described herein must receive the prescribed service or benefit, and all eligibility requirements must be met to fulfill contractual obligations. The grant total is $7,234,755.00 Subrecipient will be required to maintain a detailed Budget breakdown in the official system of record of the GLO's Community Development and Revitalization division (GLO-CDR). Flood and Drainage Facilities Subrecipient shall construct a regional detention pond through the excavation of existing soils, create a control structure and a grade control structure and shall complete all associated appurtenances. Construction shall take place at the location identified below. Flood and Proposed Location HUD Census Block Drainage Facilities Approximate Lat/Long Performance Tract Group Measures Airport La Volla Creek to South of Tributary Holly Rd One (1)Public 6205.00 1,2,3,4 Detention 27 7321, -97.4561 Facility Pond This Activity shall benefit three hundred nine thousand three hundred sixty-five (309,365) persons. Of these persons, one hundred thirty thousand six hundred thirty (130,630), or forty- two and two tenths percent (42.2%), are of low to moderate income. This Activity will meet the Urgent Need National Objective. DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment GLO Contract No.20-065-133-C445 Page 2 of 2 BUDGET HUD Activity Type Grant Award Other Funds Total Rehabilitation/Reconstruction of Public $7,234,755.00 $7,600,000.001 $14,834,755.00 Improvements TOTAL $7,234,755.00 $7,600,000.001 $14,834,755.00 1 CITY OF CORPUS CHRISTI GENERAL FUND TO BE USED TOWARD CONSTRUCTION IN THE AMOUNT OF$3,482,841.00,ENGINEERING IN THE AMOUNT OF$1,225,109.00,ACQUISITION IN THE AMOUNT OF$2,595,800.00,ENVIRONMENTAL IN THE AMOUNT OF$146,250.00,AND GRANT ADMINISTRATION IN THE AMOUNT OF$150,000.00. MILESTONES Not-To-Exceed Draw Percentages Milestones Construction Engineering Grant Special Environmental Acquisition Funds Funds Administration Environmental Funds Funds Funds Funds Project Kick-Off Meeting and Start-up 15% Documentation Engineering ° Contract Executed 30/o Environmental Contract Executed 30% 100%Design ° Approval 60/o Special Environmental 100% Report Approval Authority to Use Grant Funds 50% 100% Acquisition Start 100% Bid Advertisement 70% 60% Construction Notice 85% 85% 85% to Proceed As-Built Plans/ COCC/FWCR 100% 100% 95% Grant Completion ° Report Approval 100/° Attachment B DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 GLO Contract No.20-065-133-0445 Page 1 of 5 ASSURANCES - CONSTRUCTION PROGRAMS OMB Approval No.4040-0009 Expiration Date: 02/28/2022 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0042),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the Awarding Agency. Further, certain Federal assistance awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, and 8. Will comply with the Intergovernmental Personnel Act of the institutional, managerial and financial capability 1970 (42 U.S.C. §§4728-4763) relating to prescribed (including funds sufficient to pay the non-Federal share of standards for merit systems for programs funded under one project costs) to ensure proper planning, management and of the 19 statutes or regulations specified in Appendix A of completion of the project described in this application. OPM's Standards for a Merit System of Personnel Administration (5 C.F.R. 900, Subpart F). 2. Will give the awarding agency, the Comptroller General of the United States and, if appropriate, the State, the right to 9. Will comply with the Lead-Based Paint Poisoning Prevention examine all records, books, papers, or documents related Act (42 U.S.C. §§4801 et seq.) which prohibits the use of to the assistance; and will establish a proper accounting lead-based paint in construction or rehabilitation of residence system in accordance with generally accepted accounting structures. standards or agency directives. 10. Will comply with all Federal statutes relating to 3. Will not dispose of, modify the use of, or change the terms non-discrimination. These include but are not limited to: (a) of the real property title, or other interest in the site and Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which facilities without permission and instructions from the prohibits discrimination on the basis of race, color or national awarding agency. Will record the Federal awarding agency origin; (b) Title IX of the Education Amendments of 1972, as directives and will include a covenant in the title of real amended (20 U.S.C. §§1681-1683, and 1685-1686), which property acquired in whole or in part with Federal prohibits discrimination on the basis of sex; (c)Section 504 of assistance funds to assure non-discrimination during the the Rehabilitation Act of 1973, as amended (29 useful life of the project. U.S.C.§794), which prohibits discrimination on the basis of handicaps; (d) the Age Discrimination Act of 1975, as 4. Will comply with the requirements of the assistance amended (42 U.S.C. §§6101-6107), which prohibits awarding agency with regard to the drafting, review and discrimination on the basis of age; (e)the Drug Abuse Office approval of construction plans and specifications. and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) 5. Will provide and maintain competent and adequate the Comprehensive Alcohol Abuse and Alcoholism engineering supervision at the construction site to ensure Prevention, Treatment and Rehabilitation Act of 1970 (P.L. that the complete work conforms with the approved plans 91-616), as amended, relating to nondiscrimination on the and specifications and will furnish progress reports and basis of alcohol abuse or alcoholism; (g) §§523 and 527 of such other information as may be required by the the Public Health Service Act of 1912 (42 U.S.C. §§290 dd-3 assistance awarding agency or State. and 290 ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the 6. Will initiate and complete the work within the applicable Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as time frame after receipt of approval of the awarding agency. amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other non-discrimination 7. Will establish safeguards to prohibit employees from using provisions in the specific statute(s) under which application their positions for a purpose that constitutes or presents the for Federal assistance is being made; and, 0) the appearance of personal or organizational conflict of requirements of any other nondiscrimination statute(s)which interest, or personal gain. may apply to the application. Standard Form 424D(Rev.7-97) Previous Edition Usable Authorized for Local Reproduction Prescribed by OMB Circular A-1 02 Attachment B DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 GLO Contract No.20-065-133-0445 Page 2 of 5 11. Will comply, or has already complied,with the requirements Federal actions to State (Clean Air) Implementation Plans of Titles II and III of the Uniform Relocation Assistance and under Section 176(c) of the Clean Air Act of 1955, as Real Property Acquisition Policies Act of 1970 (P.L. 91-646) amended (42 U.S.C. §§7401 et seq.); (g) protection of which provide for fair and equitable treatment of persons underground sources of drinking water under the Safe displaced or whose property is acquired as a result of Drinking Water Act of 1974, as amended (P.L. 93-523)- Federal and federally-assisted programs. These and, (h) protection of endangered species under the requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in Endangered Species Act of 1973, as amended (P.L. 93- purchases. 205). 12. Will comply with the provisions of the Hatch Act (5 U.S.C. 16. Will comply with the Wild and Scenic Rivers Act of 1968 (16 §§1501-1508 and 7324-7328) which limit the political U.S.C. §§1271 et seq.) related to protecting components or activities of employees whose principal employment potential components of the national wild and scenic rivers activities are funded in whole or in part with Federal funds. system. 13. Will comply, as applicable, with the provisions of the Davis- 17. Will assist the awarding agency in assuring compliance with Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act Section 106 of the National Historic Preservation Act of (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act (40 U.S.C. (identification and protection of historic properties), and the §§327-333) regarding labor standards for federally-assisted Archaeological and Historic Preservation Act of 1974 (16 construction subagreements. U.S.C. §§469a-1 et seq.). 14. Will comply with flood insurance purchase requirements of 18. Will cause to be performed the required financial and Section 102(a) of the Flood Disaster Protection Act of 1973 compliance audits in accordance with the Single Audit Act (P.L. 93-234) which requires recipients in a special flood Amendments of 1996 and OMB Circular No. A-133, "Audits hazard area to participate in the program and to purchase of States, Local Governments, and Non-Profit flood insurance if the total cost of insurable construction Organizations." and acquisition is$10,000 or more. 19. Will comply with all applicable requirements of all other 15. Will comply with environmental standards which may be Federal laws, executive orders, regulations, and policies prescribed pursuant to the following: (a) institution of governing this program. environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and 20. Will comply with the requirements of Section 106(g) of the Executive Order (EO) 11514; (b) notification of violating Trafficking Victims Protection Act (TVPA) of 2000, as facilities pursuant to EO 11738; (c) protection of wetlands amended (22 U.S.C. 7104) which prohibits grant award pursuant to EO 11990; (d) evaluation of flood hazards in recipients or a sub-recipient from (1) Engaging in severe floodplains in accordance with EO 11988; (e) assurance of forms of trafficking in persons during the period of time that project consistency with the approved State management the award is in effect (2) Procuring a commercial sex act program developed under the Coastal Zone Management during the period of time that the award is in effect or (3) Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE DocuSigned by: fU (-ttA Assistant City Manager res J oeao .. APPLICANT ORGANIZATION DATE SUBMITTED City of Corpus Christi 16/16/2020 SF-424D(Rev.7-97)Back THIS FORM MUST BE EXECUTED DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment GLO Contract No.20-065-133-C445 Page 3 of 5 CERTIFICATION REGARDING LOBBYING COMPLIANT WITH APPENDIX A TO 24 C.F.R.PART 871 Certification for Contracts, Grants,Loans, and Cooperative Agreements: The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance: The undersigned states, to the best of his or her knowledge and belief,that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31,U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME City of Corpus Christi 20-065-133-C445 PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Keith Selman Assistant City Manager SIGNATURE oo�us g�ea by: DATE 6/16/2020 4F-2-&5AD45 1 24 C.F.R. 87 App. A, available at https://www.gpo.gov/fdsys/granule/CFR-2011-title24-voll/CFR-2011-title24-voll-part87- appA.Published Apr. 1,2011.Accessed Aug. 1,2018. DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment GLO Contract No.20-065-133-C445 Page 4 of 5 Disclosure of Lobbying Activities Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 OMB Number:4040-0013 (See reverse for public burden disclosure) Expiration Date:02/28/2022 1. *Type of Federal Action: 2. *Status of Federal Action: 3. *Report Type: a. contract a.bid/offer/application a.initial filing b.grant b.initial award b.material change c. cooperative agreement c.post-award d. loan e. loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No.4 is Subawardee, Prime Subawardee Enter Name and Address of Prime: Name: Street 1: Street 2: City: State: Zip: Congressional District, ifknown: Congressional District, ifknown: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, ifapplicable: 8. Federal Action Number, ifknown: 9. Award Amount,ifknown: 10.a.Name and Address of Lobbying Registrant b.Individuals Performing Services (including address if (if individual, last name,first name, MI): different from No. IOa) (last name,first name, MI): 11.Information requested through this form is authorized by title 31 U.S.C.section 1352.This disclosure of lobbying Signature: activities is a material representation of fact upon which reliance was placed by the tier above when this transaction Print Name: was made or entered into.This disclosure is required pursuant to 31 U.S.C.1352.This information will be reported Title: to the Congress semi-annually and will be available for public inspection.Any person who fails to file the required disclosure shall be subject to a civil penalty of not lessthan Telephone No.: Date: $10,000 and not more than$100,000 for each such failure. Federal Use Only Authorized for Local Reproduction Standard Form-LLL(Rev.7-97) Attachment B DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 GLO Contract No.20-065-133-C445 Page 5 of 5 INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352.The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency,a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and/or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by this reporting entity for this covered Federal action. 4. Enter the full name, address, city, State and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is, or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts,subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks"Subawardee," then enter the full name, address,city, State and zip code of the prime Federal recipient.Include Congressional District,if known. 6. Enter the name of the federal agency making the award or loan commitment. Include at least one organizational level below agency name,if known.For example,Department of Transportation,United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal(RFP) number; Invitations for Bid(IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Included prefixes,e.g.,"RFP-DE-90-001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, State and zip code of the lobbying registrant under the Lobbying Disclosure Act of 1995 engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10(a). Enter Last Name,First Name,and Middle Initial(MI). 11. The certifying official shall sign and date the form,print his/her name,title,and telephone number. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB control Number.The valid OMB control number for this information collection is OMB No.4040-0013.Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden, to the Office of Management and Budget,Paperwork Reduction Project(4040-0013),Washington,DC 20503. DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment C GLO Contract No.20-065-133-C445 Page 1 of 8 General Affirmations To the extent they apply, Subrecipient affirms and agrees to the following, without exception: 1. Subrecipient represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Subrecipient nor the firm, corporation, partnership, or institution represented by Subrecipient, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Contract or any solicitation response upon which this Contract is based to any competitor or any other person engaged in the same line of business as Subrecipient. 2. If the Contract is for services, Subrecipient shall 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. 3. Under Section 231.006 of the Family Code, the vendor or applicant [Subrecipient] certifies that the individual or business entity named in this Contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract may be terminated and payment may be withheld if this certification is inaccurate. 4. A bid or an application for a contract, grant, or loan paid from state funds must include the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application. Subrecipient certifies it has submitted this information to the GLO. 5. If the Contract is for the purchase or lease of computer equipment, as defined by Texas Health and Safety Code Section 361.952(2), Subrecipient 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 Title 30 Texas Administrative Code Chapter 328. 6. Pursuant to Section 2155.003 of the Texas Government Code, Subrecipient represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract. 7. Payments due under the Contract shall be directly applied towards eliminating any debt or delinquency Subrecipient owes to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support. 8. Upon request of the GLO, Subrecipient shall provide copies of its most recent business continuity and disaster recovery plans. DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment C GLO Contract No.20-065-133-C445 Page 2 of 8 9. If the Contract is for consulting services governed by Texas Government Code Chapter 2254, Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Subrecipient certifies that it does not employ an individual who has been employed by The GLO or another agency at any time during the two years preceding the Subrecipient's submission of its offer to provide consulting services to the GLO or, in the alternative, Subrecipient, in its offer to provide consulting services to the GLO, disclosed the following: (i) the nature of the previous employment with the GLO or other state agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination. 10. If the Contract is not for architecture, engineering, or construction services, except as otherwise provided by statute, rule, or regulation, Subrecipient must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 11. If the Contract is for architecture, engineering, or construction services, subject to Texas Government Code, Section 2260.002 and Texas Civil Practice and Remedies Code Chapter 114, and except as otherwise provided by statute, rule, or regulation, Subrecipient shall use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve all disputes arising under this Contract. Except as otherwise provided by statute, rule, or regulation, in accordance with the Texas Civil Practice and Remedies Code, Section 114.005, claims encompassed by Texas Government Code, Section 2260.002(3) and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012 and any other statute or applicable law, if the Subrecipient's claim for breach of contract cannot be resolved by the parties in the ordinary course of business, Subrecipient may make a claim against the GLO for breach of contract and the GLO may assert a counterclaim against the Subrecipient as is contemplated by Texas Government Code, Chapter 2260, Subchapter B. In such event, Subrecipient must provide written notice to the GLO of a claim for breach of the Contract not later than the 180th day after the date of the event giving rise to the claim. The notice must state with particularity: (1) the nature of the alleged breach; (2) the amount the Subrecipient seeks as damages; and (3) the legal theory of recovery. b. The chief administrative officer, or if designated in the Contract, another officer of the GLO, shall examine the claim and any counterclaim and negotiate with the Subrecipient in an effort to resolve them. The negotiation must begin no later than the 120th day after the date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, Section 2260.052. c. If the negotiation under paragraph (b) above results in the resolution of some disputed issues by agreement or in a settlement, the parties shall reduce the agreement or DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment C GLO Contract No.20-065-133-C445 Page 3 of 8 settlement to writing and each party shall sign the agreement or settlement. A partial settlement or resolution of a claim does not waive a party's rights under this Contract as to the parts of the claim that are not resolved. d. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day after the date the claim is filed with the GLO, unless the parties agree in writing to an extension of time, the parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is the Subrecipient's sole and exclusive process for seeking a remedy for an alleged breach of contract by the GLO if the parties are unable to resolve their disputes as described in this section. e. Nothing in the Contract shall be construed as a waiver of the state's or the GLO's sovereign immunity. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies or immunities or be considered as a basis for estoppel. The GLO does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO,prior to or subsequent to entering into this Contract. f. Except as otherwise provided by statute, rule, or regulation, compliance with the dispute resolution process provided for in Texas Government Code, Chapter 2260, subchapter B and incorporated by reference in subsection (a)-(d) above is a condition precedent to the Subrecipient: (1) filing suit pursuant to Chapter 114 of the Civil Practices and Remedies Code; or (2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 of the Texas Government Code. 12. If Texas Government Code Chapter 2270 prohibiting state contracts with companies boycotting Israel applies to Subrecipient and this Contract, then Subrecipient verifies it does not boycott Israel and will not boycott Israel during the term of this Contract. 13. This Contract is contingent upon the continued availability of lawful appropriations by the Texas Legislature. Subrecipient understands that all obligations of the GLO under this Contract are subject to the availability of state funds. If such funds are not appropriated or become unavailable, the GLO may terminate the Contract. The Contract shall not be construed as creating a debt on behalf of the GLO in violation of Article III, Section 49a of the Texas Constitution. 14. Subrecipient certifies that it is not listed on the federal government's terrorism watch list as described in Executive Order 13224. 15. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Subrecipient certifies that it is not(1)the executive head of the GLO, (2) a person who at any time during the four years before the effective date DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment C GLO Contract No.20-065-133-C445 Page 4 of 8 of the Contract was the executive head of the GLO, or (3) a person who employs a current or former executive head of the GLO. 16. Subrecipient represents and warrants that all statements and information prepared and submitted in connection with this Contract are current, complete, true, and accurate. Submitting a false statement or making a material misrepresentation during the performance of this Contract is a material breach of contract and may void the Contract or be grounds for its termination. 17. Pursuant to Section 2155.004(a) of the Texas Government Code, Subrecipient certifies that neither Subrecipient nor any person or entity represented by Subrecipient has received compensation from the GLO to participate in the preparation of the specifications or solicitation on which this Contract is based. Under Section 2155.004(b) of the Texas Government Code, Subrecipient certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate. This Section does not prohibit Subrecipient from providing free technical assistance. 18. Subrecipient 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. 19. In accordance with Section 2252.901 of the Texas Government Code, for the categories of contracts listed in that section, Subrecipient represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were employees of the GLO during the twelve (12) month period immediately prior to the date of execution of the contract. Solely for professional services contracts as described by Chapter 2254 of the Texas Government Code, Subrecipient further represents and warrants that if a former employee of the GLO was employed by Subrecipient within one year of the employee's leaving the GLO, then such employee will not perform services on projects with Subrecipient that the employee worked on while employed by the GLO. 20. The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the GLO. 21. IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, SUBRECIPIENT, TO THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS, ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY ACTS OR OMISSIONS DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment C GLO Contract No.20-065-133-C445 Page 5 of 8 OF SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 22. IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, SUBRECIPIENT, TO THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED DAMAGES, COSTS, ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR OTHERWISE RELATED TO SUBRECIPIENT'S PERFORMANCE, AND/OR FAILURES TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE SUBRECIPIENT OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, CONSULTANTS UNDER CONTRACT TO SUBRECIPIENT, OR ANY OTHER ENTITY OVER WHICH THE CONTRACTOR EXERCISES CONTROL, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. 23. TO THE EXTENT ALLOWED BY LAW, SUBRECIPIENT SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF SUBRECIPIENT PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR (3) THE GLO'S AND/OR SUBRECIPIENT'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment C GLO Contract No.20-065-133-C445 Page 6 of 8 SUBRECIPIENT OR OTHERWISE TO WHICH THE GLO HAS ACCESS AS A RESULT OF SUBRECIPIENT'S PERFORMANCE UNDER THE CONTRACT. SUBRECIPIENT AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. SUBRECIPIENT SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY SUBRECIPIENT WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND SUBRECIPIENT MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. IN ADDITION, SUBRECIPIENT WILL REIMBURSE THE GLO AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF THE GLO DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF SUBRECIPIENT OR IF THE GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE GLO WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND SUBRECIPIENT WILL PAY ALL REASONABLE COSTS OF THE GLO'S COUNSEL. 24. Subrecipient has disclosed in writing to the GLO all existing or potential conflicts of interest relative to the performance of the Contract. 25. Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from accepting a solicitation response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Subrecipient certifies that the individual or business entity named in this Contract is not ineligible to receive the specified contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 26. Subrecipient understands that the GLO 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 related to this Contract may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Subrecipient shall make any information created or exchanged with the State/GLO 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 or the GLO. 27. The person executing this Contract certifies that he/she is duly authorized to execute this Contract on his/her own behalf or on behalf of Subrecipient and legally empowered to contractually bind Subrecipient to the terms and conditions of the Contract and related documents. DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment C GLO Contract No.20-065-133-C445 Page 7 of 8 28. If the Contract is for architectural or engineering services, pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Subrecipient shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 29. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Subrecipient shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Contract and the requirement to cooperate is included in any subcontract it awards. The GLO may unilaterally amend the Contract to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 30. Subrecipient certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in the Contract by any state or federal agency. 31. Subrecipient 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, Subrecipient represents and warrants to the GLO that any technology provided to the GLO for purchase pursuant to this Contract 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. 32. If the Contract is for the purchase or lease of covered television equipment, as defined by Section 361.971(3) of the Texas Health and Safety Code, Subrecipient certifies its DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment C GLO Contract No.20-065-133-C445 Page 8 of 8 compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code, related to the Television Equipment Recycling Program. 33. Pursuant to Section 572.069 of the Texas Government Code, Subrecipient certifies it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for the GLO involving Subrecipient within two (2) years after the date that the contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015. 34. The GLO does not tolerate any type of fraud. GLO policy promotes consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Subrecipient shall report any possible fraud, waste, or abuse that occurs in connection with the Contract to the GLO's Fraud Reporting hotline at(877) 888-0002. 35. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and Subrecipient agrees that the Contract can be terminated if Subrecipient knowingly or intentionally fails to comply with a requirement of that subchapter. 36. If Subrecipient, in its performance of the Contract, has access to a state computer system or database, Subrecipient must complete a cybersecurity training program certified under Texas Government Code Section 2054.519, as selected by the GLO. Subrecipient must complete the cybersecurity training program during the initial term of the Contract and during any renewal period. Subrecipient must verify in writing to the GLO its completion of the cybersecurity training program. 37. Under Section 2155.0061, Texas Government Code, Subrecipient certifies that the entity named in this contract is not ineligible to receive the specified contract and acknowledges that this contract may be terminated and payment withheld if this certification is inaccurate. DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment D GLO Contract No.20-065-133-C445 Page 1 of 4 NONEXCLUSIVE LIST OF APPLICABLE LAWS,RULES,AND REGULATIONS If applicable to the Project, Provider must be in compliance with the following laws, rules, and regulations; and any other state, federal, or local laws, rules, and regulations as may become applicable throughout the term of the Contract, and Provider acknowledges that this list may not include all such applicable laws, rules, and regulations. Provider is deemed to have read and understands the requirements of each of the following,if applicable to the Project under this Contract: GENERALLY The Acts and Regulations specified in this Contract; Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017 (Public Law 115-56); The Housing and Community Development Act of 1974 (12 U.S.C. § 5301 et seq.); The United States Housing Act of 1937, as amended, 42 U.S.C. § 1437f(o)(13) (2016) and related provisions governing Public Housing Authority project-based assistance, and implementing regulations at 24 C.F.R. Part 983 (2016); Cash Management Improvement Act regulations (31 C.F.R. Part 205); Community Development Block Grants (24 C.F.R. Part 570); Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200); Disaster Recovery Implementation Manual; and State of Texas Plan for Disaster Recovery: Hurricane Harvey — Round 1, dated April 6, 2018, as amended. CIVIL RIGHTS Title VI of the Civil Rights Act of 1964, (42 U.S.C. § 2000d et seq.); 24 C.F.R. Part 1, "Nondiscrimination in Federally Assisted Programs of the Department of Housing and Urban Development- Effectuation of Title VI of the Civil Rights Act of 1964"; Title VII of the Civil Rights Act of 1964, as amended by the Equal Employment Opportunity Act of 1972 (42 U.S.C. § 2000e, et seq.); Title VIII of the Civil Rights Act of 1968, "The Fair Housing Act of 1968" (42 U.S.C. § 3 60 1, el seq.), as amended; Executive Order 11063, as amended by Executive Order 12259, and 24 C.F.R. Part 107, "Nondiscrimination and Equal Opportunity in Housing under Executive Order 11063"; The failure or refusal of Provider to comply with the requirements of Executive Order 11063 or 24 C.F.R. Part 107 shall be a proper basis for the imposition of sanctions specified in 24 C.F.R. 107.60; The Age Discrimination Act of 1975 (42 U.S.C. § 6101, el seq.); and Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. § 794.) and "Nondiscrimination Based on Handicap in Federally-Assisted Programs and Activities of the Department of Housing and Urban Development", 24 C.F.R. Part 8. By signing this Contract, Provider understands and agrees that the activities funded shall be performed in accordance with DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment D GLO Contract No.20-065-133-C445 Page 2 of 4 24 C.F.R. Part 8; and the Architectural Barriers Act of 1968 (42 U.S.C. § 4151, et seq.), including the use of a telecommunications device for deaf persons (TDDs) or equally effective communication system. LABOR STANDARDS The Davis-Bacon Act, as amended (originally, 40 U.S.C. §§ 276a-276a-5 and re-codified at 40 U.S.C. §§ 3141-3148); 29 C.F.R. Part 5; The Copeland "Anti-Kickback" Act (originally, 18 U.S.C. § 874 and re-codified at 40 U.S.C. § 3145): 29 C.F.R. Part 3; Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (originally, 40 U.S.C. §§ 327A and 330 and re-codified at 40 U.S.C. §§ 3701-3708); Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (Also Labor Standards Provisions Applicable to Non-construction Contracts Subject to the Contract Work Hours and Safety Standards Act) (29 C.F.R. Part 5); and Federal Executive Order 11246, as amended. EMPLOYMENT OPPORTUNITIES Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. § 1701u): 24 C.F.R. §§ 135.3(a)(2) and(a)(3); The Vietnam Era Veterans' Readjustment Assistance Act of 1974 (38 U.S.C. § 4212); Title IX of the Education Amendments of 1972 (20 U.S.C. §§ 1681-1688); and Federal Executive Order 11246, as amended. GRANT AND AUDIT STANDARDS Single Audit Act Amendments of 1996, 31 U.S.C. § 7501; Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200); Uniform Grant and Contract Management Act (Texas Government Code Chapter 783) and the Uniform Grant Management Standards, issued by Governor's Office of Budget and Planning; and Title 1 Texas Administrative Code § 5.167(c). LEAD-BASED PAINT Section 302 of the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. § 4831(b)). HISTORIC PROPERTIES The National Historic Preservation Act of 1966 as amended (16 U.S.C. § 470, et seq.), particularly sections 106 and 110 (16 U.S.C. §§ 470 and 470h-2), except as provided in §58.17 for Section 17 projects; Executive Order 11593, Protection and Enhancement of the Cultural Environment, May 13, 1971 (36 FR 8921), 3 C.F.R., 1971-1975 Comp.,p. 559,particularly section 2(c); Federal historic preservation regulations as follows: 36 C.F.R. Part 800 with respect to DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment D GLO Contract No.20-065-133-C445 Page 3 of 4 HUD programs; and The Reservoir Salvage Act of 1960, as amended by the Archeological and Historic Preservation Act of 1974 (16 U.S.C. § 469, et seq.), particularly section 3 (16 U.S.C. § 469a-1). ENVIRONMENTAL LAW AND AUTHORITIES Environmental Review Procedures for Recipients assuming HUD Environmental Responsibilities (24 C.F.R. Part 58, as amended); National Environmental Policy Act of 1969, as amended(42 U.S.C. §§ 4321-4347); and Council for Environmental Quality Regulations for Implementing NEPA (40 C.F.R. Parts 1500-1508). FLOODPLAIN MANAGEMENT AND WETLAND PROTECTION Executive Order 11988, Floodplain Management, May 24, 1977 (42 FR 26951), 3 C.F.R., 1977 Comp., p. 117, as interpreted in HUD regulations at 24 C.F.R. Part 55, particularly Section 2(a) of the Order (For an explanation of the relationship between the decision- making process in 24 C.F.R. Part 55 and this part, see § 55.10.); and Executive Order 11990, Protection of Wetlands, May 24, 1977 (42 FR 26961), 3 C.F.R., 1977 Comp.,p. 121 particularly Sections 2 and 5. COASTAL ZONE MANAGEMENT The Coastal Zone Management Act of 1972 (16 U.S.C. § 1451, et seq.), as amended, particularly sections 307(c) and(d) (16 U.S.C. § 1456(c) and (d)). SOLE SOURCE AQUIFERS The Safe Drinking Water Act of 1974 (42 U.S.C. §§ 201, 300(f), et seq., and 21 U.S.C. § 349) as amended; particularly section 1424(e)(42 U.S.C. § 300h-3(e)); and Sole Source Aquifers (Environmental Protection Agency-40 C.F.R. part 149.). ENDANGERED SPECIES The Endangered Species Act of 1973 (16 U.S.C. § 1531, et seq.) as amended, particularly section 7 (16 U.S.C. § 1536). WILD AND SCENIC RIVERS The Wild and Scenic Rivers Act of 1968 (16 U.S.C. § 1271, et seq.) as amended, particularly sections 7(b) and(c) (16 U.S.C. § 1278(b) and (c)). EMIR QUALITY The Clean Air Act (42 U.S.C. § 7401, et seq.) as amended, particularly sections 176(c) and(d) (42 U.S.C. §7506(c) and (d)). Determining Conformity of Federal Actions to State or Federal Implementation Plans (Environmental Protection Agency-40 C.F.R. Parts 6, 51, and 93). FARMLAND PROTECTION Farmland Protection Policy Act of 1981 (7 U.S.C. § 4201, et seq.) particularly sections 1540(b) and 1541 (7 U.S.C. §§ 4201(b) and 4202); and DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment D GLO Contract No.20-065-133-C445 Page 4 of 4 Farmland Protection Policy (Department of Agriculture-7 C.F.R. part 658). HUD ENVIRONMENTAL STANDARDS Applicable criteria and standards specified in HUD environmental regulations (24 C.F.R. Part 51)(other than the runway clear zone and clear zone notification requirement in 24 C.F.R. § 51.303(a)(3); and HUD Notice 79-33, Policy Guidance to Address the Problems Posed by Toxic Chemicals and Radioactive Materials, September 10, 1979. ENVIRONMENTAL JUSTICE Executive Order 12898 of February 11, 1994—Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, (59 FR 7629), 3 C.F.R., 1994 Comp. p. 859. SUSPENSION AND DEBARMENT Use of debarred, suspended, or ineligible contractors or subrecipients (24 C.F.R. § 570.609); General HUD Program Requirements; Waivers (24 C.F.R. Part 5); and Nonprocurement Suspension and Debarment(2 C.F.R. Part 2424). OTHER REQUIREMENTS Environmental Review Procedures for Entities Assuming HUD Environmental Responsibilities (24 C.F.R. Part 58). ACQUISITION/RELOCATION The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. § 4601, et seq.), 24 C.F.R. Part 42, and 24 C.F.R. § 570.606. FAITH-BASED ACTIVITIES Executive Order 13279 of December 12, 2002 - Equal Protection of the Laws for Faith- Based and Community Organizations, (67 FR 77141). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment E GLO Contract No.20-065-133-C445 Page 1 of 6 SPECIAL CONDITIONS If applicable to a Project or Activity, Subrecipient must be in compliance with the following Special Conditions and any other State, Federal, or local laws, rules, and regulations as may be applicable, throughout the term of the Contract, prior to the release of any grant funds for the Projects or Activities anticipated. Subrecipient is deemed to have read and to understand the requirements of each of the following, if applicable to the Project or any Activity under this Contract: A. REIMBURSEMENT, GENERALLY As provided for in Public Law 115-56, the Contract funds may not be used for activities that are eligible to be reimbursed by,or for which funds are made available by, (a)the Federal Emergency Management Agency (FEMA); (b) the Army Corps of Engineers (Corps); (c) any other federal funding source; or (d) covered by insurance, and Subrecipient shall ensure compliance with all such requirements. B. NATIONAL FLOOD INSURANCE PROGRAM COMPLIANCE (1) Subrecipient must provide documentation which indicates they have received approval from the Texas Water Development Board (TWDB), the National Flood Insurance Program (NFIP) State Coordinating Agency, that appropriate ordinances or orders necessary for Subrecipient to be eligible to participate in the NFIP have been adopted. (2) Where Activities specified in a Performance Statement, involve structures that are located in Special Flood Hazard Areas (SFHA), flood insurance may be required, and Subrecipient shall obtain such insurance, and shall maintain documentation evidencing compliance with such requirements. (3) Subrecipient acknowledges and agrees that if any property that is the subject of an Activity under this Contract located within a floodplain, that the following terms and conditions shall apply: a. Under the Flood Disaster Protection Act of 1973, as amended (42 U.S.C. 4001- 4128), Federal financial assistance for acquisition and construction purposes (including rehabilitation) may not be used in an area identified by the Federal Emergency Management Agency (FEMA) as having special flood hazards,unless: i. The community in which the area is situated is participating in the National Flood Insurance Program ("NFIP") (44 CFR parts 59 through 79), or less than one (1) year has passed since the FEMA notification regarding such hazards; and ii. The community is participating in the NFIP, or that flood insurance protection is to be obtained as a condition of the approval of financial assistance to the property owner. b. Where the community is participating in the NFIP and the recipient provides financial assistance for acquisition or construction purposes (including rehabilitation) for property located in an area identified by FEMA as having special flood hazards, Subrecipient is responsible for ensuring that flood insurance under the NFIP is obtained and maintained. c. Under Section 582 of the National Flood Insurance Reform Act of 1994, 42 U.S.C. 515a, HUD disaster assistance that is made available in a special flood hazard area may not be used to make a payment (including any loan assistance payment) to a DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment E GLO Contract No.20-065-133-C445 Page 2 of 6 person for repair, replacement, or restoration for flood damage to any personal, residential,or commercial property if- 1. £i. The person had previously received Federal flood disaster assistance conditioned on obtaining and maintaining flood insurance; and ii. The person failed to obtain and maintain flood insurance. d. Subrecipient understands and agrees that it has a responsibility to inform homeowners receiving disaster assistance that triggers the flood insurance purchase requirement of their statutory responsibility to notify any transferee of the requirement to obtain and maintain flood insurance, and that the transferring owner may be liable if he or she fails to do so. C. PROJECT MAPPING/DESIGN INFORMATION For construction projects, Subrecipient shall require and maintain copies,in written and/or digital format,of final Project record drawing(s) and engineering schematics,as constructed. D. WATER SYSTEM IMPROVEMENTS (1) Prior to the GLO's release of funds for the construction of any water system improvements, Subrecipient shall provide certification to the GLO that plans, specifications, and related documents for the specified water system improvements have been prepared by the engineer selected for such activities, or the engineer's duly authorized representative, and that the review of such plans, specifications, and related documents meet the applicable Texas Commission on Environmental Quality (TCEQ)review requirements described in Title 30 of the Texas Administrative Code. (2) Prior to construction, Subrecipient shall provide documentation to the GLO that an approved new or amended Certificate of Convenience and Necessity(CCN),or the equivalent permit or authority for the area to be served,has been issued by the TCEQ. (3) Prior to Subrecipient submission of the Project Completion Report for any water system improvements described in Attachment A, Subrecipient shall provide a letter from the TCEQ that the constructed well is approved for interim use and may be temporarily placed into service pursuant to 30 Texas Administrative Code, Chapter 290—Rules and Regulations for Public Water Systems. E. SEWER SYSTEM IMPROVEMENTS Prior to the construction of any sewer system improvements described, Subrecipient shall provide certification that plans, specifications, and related documents for the specified sewer system improvements have been prepared by the engineer selected for such activities, or the engineer's duly authorized representative, and that the review of such plans, specifications, and related documents meet the Texas Commission on Environmental Quality (TCEQ) review requirements described in 30 Texas Administrative Code, Chapter 217, Subchapter D. Further,prior to the construction of any sewer lines or additional service connections described in Attachment A, Subrecipient shall provide notification of the start of construction on any sewer treatment plant of other system-related improvements included in this Contract. F. WASTEWATER TREATMENT CONSTRUCTION Prior to incurring costs for any wastewater treatment construction in Attachment A, Subrecipient shall provide documentation of an approved permit or amendment(s) to an existing permit for such activities from the TCEQ's Water Quality Division. DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment E GLO Contract No.20-065-133-C445 Page 3 of 6 In addition, Subrecipient shall provide documentation to the GLO that an approved new or amended Certificate of Convenience and Necessity (CCN), or equivalent permit or authority for the area to be served has been issued by the TCEQ. G. SEPTIC SYSTEM IMPROVEMENTS (1) Subrecipient shall provide documentation that final plans, specifications, and installation of its septic system improvements have been reviewed and approved by the City or County Health Department through authority granted by the TCEQ. (2) Subrecipient shall mitigate all existing septic systems in accordance with 30 Texas Administrative Code Chapter 285, Subchapter D, §285.36(b), which states, "All tanks, boreholes, cesspools, seepage pits, holding tanks, and pump tanks shall have the wastewater removed by a waste transporter,holding a current registration with the executive director. All tanks, boreholes, cesspools, seepage pits, holding tanks, and pump tanks shall be filled to ground level with fill material (less than three inches in diameter), which is free of organic and construction debris." (3) Prior to the selection of program recipients for proposed On-Site Sewer Facilities (OSSF), Subrecipient shall provide a copy of its proposed program guidelines to for GLO review. All proposed OSSF programs must meet or exceed guidelines set forth in 30 Texas Administrative Code Chapter 285 Subchapter D. H. BUILDING CONSTRUCTION Subrecipient shall provide documentation that the construction of a new building and facilities are in compliance with the Texas Accessibility Standards (TAS) of the Architectural Barriers Act, Chapter 469, Texas Government Code, and the Texas Department of Licensing and Regulation (TDLR) Architectural Barriers Administrative Rules, 16 Texas Administrative Code, Part 4, Chapter 68. If estimated construction costs exceed Fifty Thousand Dollars ($50,000.00), Construction Documents must be submitted to the Texas Department of Licensing and Regulation (TDLR) for an accessibility plan review. L BRIDGE CONSTRUCTION/REHABILITATION Subrecipient shall use the minimum design requirements of the Texas Department of Transportation (TxDOT) for bridge construction/rehabilitation. Final plans and specifications must be submitted to TxDOT for review and approval prior to the start of construction, and documentation of such approval must be provided to the GLO. J. DISASTER SHELTERS Subrecipient shall ensure that the primary purpose of the facility, as described in Attachment A,is to serve as a disaster shelter, and shall ensure the facility is operated at all times in a manner that ensures that the priority use is to serve as a disaster shelter regardless of any other scheduled uses or commitments that existed at the time of the disaster or emergency situation. In addition Subrecipient shall prepare or be incorporated into an approved emergency management plan, as prescribed by the Texas Division of Emergency Management, identifying the shelter as a facility that provides short-term lodging for evacuees during and immediately after an emergency situation. Subrecipient shall submit a copy of Subrecipient's Emergency Management Plan Annex for Shelter and Mass Care to the GLO. K. DEBRIS REMOVAL Subrecipient shall ensure that any debris to be removed consists primarily of vegetation, construction and demolition materials from damaged or destroyed structures, and personal DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment E GLO Contract No.20-065-133-C445 Page 4 of 6 property. Only debris identified as the responsibility of the local jurisdiction will be eligible for the reimbursement of cost of removal. Prior to beginning debris collection operations, Subrecipient shall address all pertinent environmental concerns, adhere to all applicable regulations, and obtain all required permits. Further, Subrecipient shall adhere to the methods described herein for the collection and storage of debris prior to proper disposal. While construction and demolition debris may be collected and disposed of at an appropriately rated landfill, woody and/or vegetative debris must be stored prior to disposal by use of temporary debris storage and reduction sites (TDSR). Subrecipient will prepare and operate the TDSR sites, or local jurisdictions choosing to conduct their own debris operations may review Chapter 7 of the FEMA Debris Management Guide regarding the use of TDSR sites. This document may be obtained at https://www.fema.gov/pdf/government/grant/pa/demagde.pdf. In order to maintain the life expectancy of landfills, Subrecipients disposing of woody and/or vegetative debris must choose burning, chipping, or grinding as the method of disposal. Any project disposing of woody and/or vegetative debris must be approved in writing by the GLO. L. USE OF BONDS Subrecipient must notify the GLO of its issuance and sale of bonds for completion of the project funded under this Contract. M. PROGRAM GUIDELINES Prior to the selection of program beneficiaries, Subrecipient shall provide to the GLO, for GLO review and approval, a copy of its proposed guidelines for the program. The guidelines must meet or exceed to requirements in the Federal Registers. The guidelines must include provisions for compliance with the Federal Fire Prevention and Control Act of 1974 (which requires that any housing unit rehabilitated with grant funds be protected by a hard-wired or battery-operated smoke detector) and provisions for compliance with 24 CFR 35 (HUD lead-based paint regulation). N. AFFORDABILITY PERIODS FOR SINGLE-FAMILY HOUSING REHABILITATION, RECONSTRUCTION, OR NEW CONSTRUCTION ASSISTANCE: For single-family non-rental housing assistance provided by Subrecipient, Subrecipient shall implement the following affordability period: for rehabilitation or reconstruction of housing projects, a minimum* three-year affordability period guaranteed by an unsecured forgivable promissory note and for new construction housing projects, a minimum* five-year affordability period guaranteed by an unsecured forgivable promissory note. O. UNSECURED FORGIVABLE PROMISSORY NOTE ("NOTE") An unsecured forgivable promissory note shall be issued at an interest rate of zero-percent (0%). Provided that all terms and conditions contained in the Note continue to be fulfilled, a Note will be forgiven according to the following terms, as applicable, until the applicant fulfills their note requirement (the requirements are defined in the promissory note document): for a three-year Subrecipient may establish a longer affordability period at its own discretion. DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment E GLO Contract No.20-065-133-C445 Page 5 of 6 Note, at a rate of 33 percent per year, for the first two years, and 34 percent after the third year; and for a five-year Note,at a rate of 20%per year. (1) If the homeowner occupies the home for the full Note term, the Note expires and no repayment is required, nor will any conditions be imposed relative to the disposition of the property. If any of the terms and conditions under which the assistance was provided are breached or if the property is sold, leased, transferred or vacated by the homeowner for any consecutive thirty (30) day period during the Note term, the repayment provisions of the promissory note and DOT shall be enforced. (2) If, during the Note term, the homeowner vacates the unit for any consecutive thirty (30) day period, the locality may forgive, as evidenced by the program director, city council, or commissioner court action, the remaining loan balance. Prior to forgiveness of all or any portion of the assistance provided, the request for forgiveness must be approved by the local governing body and be based on documented and justifiable conditions or circumstances that would result in an unnecessary hardship to the homeowner and the determination that the national objective of benefiting low to moderate-income persons was met. (3) The national objective will be considered met only when the program director, city council, or county commissioners court determines that a low- to moderate-income person has occupied the rehabilitated or reconstructed home for a time sufficient to meet the national objective. If the national objective was not achieved, Subrecipient is liable for repayment of an amount equal to the difference in the appraised value of the home prior to reconstruction and the sales price when the home is sold during the term of the forgivable Note. (4) If the property is sold or transferred to a person other than an eligible LMI person, the remaining pro-rated balance of the DPL must be repaid by the Subrecipient from the sales proceeds. Notwithstanding the preceding, Subrecipient shall be held liable for any balance remaining over and above the sales proceeds. In all instances,upon completion of the Note or repayment of the assistance (in full or in part), the Subrecipient shall prepare and record a release of lien document in the land records of the applicable county. (5) Monitoring of the Note is performed during and after the grant is closed. Subrecipient must utilize non-CDBG-DR funds to fulfill the monitoring obligations for its impacted recovered community. (6) The subrecipient will maintain a list of homeowners that do not maintain flood insurance as documented in their promissory note. These applicants will not be allowed to received future assistance as outlined in Section B of this document. P. RENTAL HOUSING REHABILITATION, RECONSTRUCTION, OR NEW CONSTRUCTION ASSISTANCE The rental housing assistance will provided be provided in the following forms: for rehabilitation or reconstruction of multi-family rental projects with eight or more units, a minimum fifteen (15) year forgivable loan or grant at zero interest; and for new construction multi-family rental projects with five or more units, a minimum twenty (20) year forgivable loan or grant at zero interest. Provided all terms and conditions under which the assistance was provided continue to be fulfilled,the note will be forgiven at a rate of 5 percent per year until the applicant fulfills their note requirement(the requirements are defined in the promissory note document). The purpose of the program is to facilitate the rehabilitation, reconstruction, and/or new construction of affordable rental housing needs within the service area of the disaster event. A minimum of 51% of the multi-family units must be restricted during the affordability period of DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment E GLO Contract No.20-065-133-C445 Page 6 of 6 twenty (20) years for low to moderate income (LMI) persons. The rents, at a minimum, must comply with High HOME Investment Partnership (HOME) Rents and other existing Land Use Restriction Agreement (LURA) restrictions if applicable. HOME rent limits are defined by HUD and must equal the lesser of fair market rents or 30% of the adjusted income for people earning 65%of the AMFI. Q. COASTAL MANAGEMENT Subrecipient acknowledges and agrees that any Project that may impact a Coastal Natural Resource Area must be consistent with the goals and policies of the Texas Coastal Management Program as described in 31 Texas Administrative Code,Part 16, Chapter 501. DocuSign Envelope ID:D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment F GLO Contract No.20-065-133-C445 Page 1 of 2 GLO Community Development and Revitalization Subrecipient Monthly Activity Status Report Subrecipient must provide Monthly Activity Status Reporting at the site level for all sites identified in the Performance Statement and Budget(Attachment A)and relevant to the milestones therein.The Report is due the fust day of each month for the duration of the Contract.Submit the report via email to:DR.Status.Reporting@recovery.texas.gov. Subrecipient: Contract 4: Preparer Name: Contact Information: Reporting Month/Year: Activity Name: Anticipated Site Current Milestone Status Notes/Important Dates Completion Date Program Income 1 2 3 4 5 6 7 8 9 10 DocuSign Envelope ID:D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment F GLO Contract No.20-065-133-C445 Page 2 of 2 Overall Grant Status Summary Provide any notes or information relevant to the overall contract.Examples:upcoming Amendment request status,Budget concerns expiration concerns,etc. Site-Level Budget Status Site Total Budget Total Expended Balance %Expended 1 0.00 #DIV/0! 2 0.00 #DIV/0! 3 0.00 #DIV/0! 4 0.00 #DIV/0! 5 0.00 #DIV/0! 6 0.00 #DIV/0! 7 0.00 #DIV/0! 8 0.00 #DIV/0! 9 0.00 #DIV/0! 10 0.00 #DIV/0! Totals: 0.00 0.00 0.00 #DIV/0! DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment G GLO Contract No.20-065-133-C445 Page 1 of 3 GLO Information Security Appendix for Subrecipients 1. Definitions "Breach of Security" or "Breach" means unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of sensitive personal information including data that is encrypted if the person accessing the data has the key required to decrypt the data. "GLO Data" means any data or information, which includes PII and/or SPI as defined below, collected, maintained, and created by the GLO, for the purpose of providing disaster assistance to individuals, that Provider obtains, accesses (via records, systems, or otherwise), receives (from the GLO or on behalf of the GLO), or uses in the performance of the Contract or any documents related thereto. GLO data does not include other information that is lawfully made available to the Provider through other sources. "Personal Identifying Information" or "PII" means information that alone, or in conjunction with other information, identifies, links, relates, or is unique to, or describes an individual, as defined at Tex. Bus. & Com. Code § 521.002(a)(1). "Sensitive Personal Information" or "SPI" includes information that is not available elsewhere or may harm an individual by being made available as categorized in Tex. Bus. & Com. Code § 521.002(a)(2). SPI does not include publicly available information that is lawfully made available to the public from the federal government or a state or local government. All defined terms found in the Contract shall have the same force and effect, regardless of capitalization. 2. Security and Privacy Compliance 2.1. Provider shall keep all GLO Data received under the Contract and any documents related thereto strictly confidential. 2.2. Provider shall comply with all applicable federal and state privacy and data protection laws, as well as all other applicable regulations and directives. 2.3. Provider shall implement administrative, physical, and technical safeguards to protect GLO Data that are no less rigorous than accepted industry practices including, without limitation, the guidelines in the National Institute of Standards and Technology ("NIST") Cybersecurity Framework Version 1.1. All such safeguards shall comply with applicable data protection and privacy laws. 2.4. Provider will legally bind any Subcontractors to the same requirements stated herein and obligations stipulated in the Contract and documents related thereto. Provider shall DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment G GLO Contract No.20-065-133-C445 Page 2 of 3 ensure that the requirements stated herein are imposed on any Subcontractor of Provider's Subcontractor(s). 2.5. Provider will not share PII or SPI Data with any third parties, except as necessary for Subrecipient's performance under the Contract 2.6. Provider will ensure that initial privacy and security training, and annual training thereafter, is completed by its employees or Subcontractors that have access to GLO Data or who create, collect, use,process, store, maintain, disseminate, disclose, dispose, or otherwise personally handle PII and/or SPI on behalf of the agency. Provider agrees to maintain and, upon request, provide documentation of training completion. 2.7. Any GLO Data maintained or stored by Provider or any Subcontractor must be stored on servers or other hardware located within the physical borders of the United States and shall not be accessed outside of the United States. 3. Data Ownership and Return of Data 3.1. The GLO shall retain full ownership of all GLO data, which includes PII and/or SPI, disclosed to Provider or to which the Provider otherwise gains access by operation of the Contract or any agreement related thereto. 3.2. If, at any time during the term of the Contract or upon termination of the Contract, whichever occurs first, any part of the GLO data, in any form, provided to Provider ceases to be necessary for Provider's performance under the Contract, Provider shall within fourteen (14) days thereafter securely return such GLO data to the GLO, or, at the GLO's written request, destroy, uninstall, and/or remove all copies of data in Provider's possession or control and certify to the GLO that such tasks have been completed. If such return is infeasible, as mutually determined by the GLO and Provider, the obligations set forth in this Attachment, with respect to GLO Data, shall survive termination of the Contract and Provider shall limit any further use and disclosure of GLO Data. 4. Data Mining 4.1. Provider agrees not to use GLO Data for unrelated commercial purposes, advertising or advertising-related services, or for any other purpose not explicitly authorized by the GLO in this Contract or any document related thereto. 4.2. Provider agrees to take all reasonably feasible physical, technical, administrative, and procedural measures to ensure that no unauthorized use of GLO Data occurs. 5. Breach of Security 5.1. Provider agrees to provide the GLO with the name and contact information for an employee of the Provider which shall serve as the GLO's primary security contact. DocuSign Envelope ID: D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment G GLO Contract No.20-065-133-C445 Page 3 of 3 5.2. Upon discovery of a Breach of Security or suspected Breach of Security by the Provider, the Provider agrees to notify the GLO as soon as possible upon discovery of the Breach of Security or suspected Breach of Security, but in no event shall notification occur later than 24 hours after discovery. Within 72 hours, the Provider agrees to provide, at minimum, a written preliminary report regarding the Breach or suspected Breach to the GLO with root cause analysis including a log detailing the data affected. 5.3. The initial notification and preliminary report shall be submitted to the GLO Information Security Officer at inform ations ecurity2glo.texas.gov. 5.4. Provider agrees to take all reasonable steps to immediately remedy a Breach of Security and prevent any further Breach of Security. 5.5. Provider agrees that it shall not inform any third party of any Breach of Security or suspected Breach of Security without obtaining GLO's prior written consent. 5.6. If the Breach of Security includes SPI, including Social Security Numbers, payment card information, or health information, the Provider agrees to provide affected individuals complimentary access for one (1) year of credit monitoring services. 6. Right to Audit 6.1. Upon the GLO's request and to confirm Provider's compliance with this Attachment, Provider grants the GLO, or a GLO-contracted vendor, permission to perform an assessment, audit, examination, investigation, or review of all controls in the Provider's, or Provider's Subcontractor's, physical and/or technical environment in relation to GLO Data. Provider agrees to fully cooperate with such assessment by providing access to knowledgeable personnel, physical premises, documentation, infrastructure, and application software that stores, processes, or transports GLO Data. In lieu of a GLO-conducted assessment, audit, examination, investigation, or review, Provider may supply, upon GLO approval, the following reports: SSAE16, ISO/ICE 27001 Certification, FedRAMP Certification, and PCI Compliance Report. Provider shall ensure that this clause concerning the GLO's authority to assess, audit, examine, investigate, or review is included in any subcontract it awards. 6.2. At the GLO's request, Provider agrees to promptly and accurately complete a written information security questionnaire provided by the GLO regarding Provider's business practices and information technology environment in relation to GLO Data. DocuSign Envelope ID:D97D6D4B-EOD2-4EO4-946D-298D8136C580 Attachment H GLO Contract No.20-065-133-C445 Page 1 of 2 P.L. 113-2 Contract Reporting Template Grantees are to use this template to summarize all procured contracts,including those procured by the grantee,recipients,or subrecipients.For the purposes of this requirement,recipients and subrecipients are defined as any entity receiving funds directly from the grantee.Definitions of each field can be found below. Grantees are to update and upload this template to their website and to DRGR using the Lead Agency's Administration activity each quarter as part of their QPR submissions by selecting the"add additional documents"link in page 1 of the edit activity screen.Please note the specific activity title and number where the template has been uploaded within the QPR's Overall Progress narrative.Please contact your CDP representative with any questions about the requirements pertaining to this template or submit a question to https://www.onecpd.info/get-assistance/my-question/for DRGR technical assistance. Data Fields: Grantee Enter grantee title as displayed in DRGR system. Grant Number Enter grant number as displayed in DRGR system. Date Updated Enter date template last updated. A.Contractor Name Enter name of Contracted Party B.DUNS Number Enter Data Universal Numbering System number of the Contractor.Note:Entering the DUNS into this template does not fulfill the requirement for grantees to enter DUNS into the DRGR Action Plan at the activity level.Refer to the Notice published July 11,2014 for more information on this separate requirement. C.Procured by Enter name of entity that procured Contract-HUD grantee(state or local government),partner agency,a subrecipient of a state or local government,or a recipient of a state government. D.Contract Execution Date Enter date the Contract was executed. E.Contract End Date Enter date the Contract will expire. F.Total Contract Amount Enter total amount of executed Contract. G.Amount of CDBG-DR Funds Enter amount of CDBG-DR funds from this grant used to fund the Contract. H. Brief Description of Contract Enter a brief,one sentence description of the purpose of the Contract. To insert additional ROWS,go to HOME menu,and select INSERT from the top left. Instructions 9/10/2019 DocuSign Envelope ID:D97D6D4B-EOD2-4E04-946D-298D8136C580 Attachment H GLO Contract No.20-065-133-C445 Page 2 of 2 P.L. 113-2 Contract Reporting Template Grantee: Grant Number: Date Updated: D.Contract E.Contract F.Total Contract G.Amount of A.Contractor Name B.DUNS Number C.Procured By Execution Date End Date Amount CDBG-DR Funds H.Brief Description of Contract Long tens recovery from wildfires of Example:South Texas Landscaping,INC XXX-XXX State of Texas 6/15/2013 6/15/2014 $3,500,000 $3,000,000 2011-Drainage Projects `See Instructions tab for additional guidance on template elements. Reporting of Contractors 9/102019 �.,-. SECl1R E❑ Certificate Of Completion Envelope Id: D97D6D4BEOD24E04946D298D8136C580 Status: Completed Subject:$7.2M Contract:20-065-133-C445-City of Corpus Christi(Texas GLO) Source Envelope: Document Pages:67 Signatures:4 Envelope Originator: Certificate Pages:6 Initials: 5 Amy Navarro AutoNav: Enabled 1700 Congress Ave Envelopeld Stamping: Enabled Austin,TX 78701 Time Zone: (UTC-06:00)Central Time(US&Canada) Amy.Navarro@glo.texas.gov IP Address:24.170.36.134 Record Tracking Status: Original Holder:Amy Navarro Location: DocuSign 6/8/2020 1:37:35 PM Amy.Navarro@glo.texas.gov Signer Events Signature Timestamp Ginger MillsSent:6/8/2020 2:10:48 PM LD�s Ginger.Mills@glo.texas.gov Resent:6/9/2020 10:09:19 PM Attorney Resent:6/11/2020 9:53:55 AM Texas General Land Office, Office of General Viewed:6/15/2020 8:49:51 AM Counsel Signature Adoption: Pre-selected Style Signed:6/15/2020 8:58:02 AM Security Level: Email,Account Authentication Using IP Address: 173.174.36.231 (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Natasha ValentineSent:6/15/2020 8:58:09 AM natasha.valentine.glo@recovery.texas.gov Eo'!�'s Viewed:6/16/2020 11:14:33 AM Texas General Land Office Signed:6/16/2020 11:14:44 AM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 107.77.222.99 Electronic Record and Signature Disclosure: Not Offered via DocuSign Heather LagroneSent:6/16/2020 11:14:54 AM heather.lagrone.glo@recovery.texas.gov Et�''s Viewed:6/16/2020 2:33:11 PM Sr Dep Director Signed:6/16/2020 2:33:19 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 104.54.227.24 Electronic Record and Signature Disclosure: Not Offered via DocuSign Marc Barenblat EDS Sent:6/16/2020 2:33:25 PM marc.barenblat@glo.texas.gov Viewed:6/16/2020 3:04:50 PM Deputy General Counsel Signed:6/16/2020 3:23:20 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 104.15.130.4 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Jeff GordonSent:6/16/2020 3:23:28 PM jeff.gordon@glo.texas.gov "s Viewed:6/16/2020 3:24:09 PM General Counsel Signed:6/16/2020 3:24:14 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 107.129.126.169 Electronic Record and Signature Disclosure: Not Offered via DocuSign Keith Selman °ocu ignetlby Sent:6/16/2020 3:24:23 PM KeithSe@cctexas.com �" St,�, MA, Viewed:6/16/2020 5:44:09 PM Assistant City Manager 4F255AD9580E40E Signed:6/16/2020 5:45:39 PM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IP Address: 165.225.216.232 Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark A. Havens EDocusigned by Sent:6/16/2020 5:45:47 PM Mark.Havens@GLO.TEXAS.GOV Viewed:6/17/2020 10:40:29 AM Chief Clerk and Deputy Land Commissioner 7C299F4374E7497_ Signed:6/17/2020 10:40:33 AM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Drawn on Device (None) Using IP Address: 162.193.135.244 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp BSO TeaCOPIED E Sent:6/8/2020 2:10:45 PM bsorequests@recovery.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Drafting Requests Sent:6/8/2020 2:10:46 PM draftingrequests@GLO.TEXAS.GOV ED Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Kelly McBride Sent:6/8/2020 2:10:46 PM kelly.mcbride@glo.texas.gov ED Director of Contract Management Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mark Lawley E Sent:6/8/2020 2:10:46 PM Mark.Lawley@glo.texas.gov Compliance Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Amy Navarro E Sent:6/8/2020 2:10:46 PM amy.navarro@glo.texas.gov Resent:6/17/2020 10:40:51 AM Contract Manager Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Mahsa Azadi � Sent:6/8/2020 2:10:46 PM Mahsa.Azadi@glo.texas.gov ED Disaster Recovery Procurement Manager Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Matthew AndersoCOPIED E Sent:6/15/2020 8:58:09 AM matthew.anderson.glo@recovery.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Accounting Team Sent:6/15/2020 8:58:09 AM DR.SystemAccess@glo.texas.gov ED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Cynthia Hudson E Sent:6/15/2020 8:58:10 AM cynthia.hudson.glo@recovery.texas.gov Infrastructure Manager Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Trey Bahm Sent:6/16/2020 11:14:51 AM Trey.Ba hm.G LO@recove ry.TEXAS.GOV COPIED Viewed:6/16/2020 11:23:08 AM Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Colin Nickells Sent:6/16/2020 11:14:52 AM Colin.Nickells.GLO@recovery.TEXAS.GOV PI E D Research Specialist Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Diane Hill-Smith , PI E D Sent:6/16/2020 11:14:54 AM diane.hill-smith.glo@recovery.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Stephanie Crenshaw PI E D Sent:6/16/2020 3:23:28 PM stephanie.crenshaw@glo.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Esmeralda Sanchez COPIED Sent:6/16/2020 3:24:21 PM EsmeraIda.Sanchez@glo.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Commissioner George P. Bush COPIED Sent:6/16/2020 3:24:21 PM GeorgeP@glo.texas.gov Commissioner,General Land Office Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Judy Langford PI E D Sent:6/16/2020 3:24:23 PM judy@lcrosinc.com Viewed:6/16/2020 3:50:10 PM President Langford Community Management Services, Inc. Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carbon Copy Events Status Timestamp Gregory Rankin COPIED Sent:6/17/2020 10:40:41 AM gregory.rankin@glo.texas.gov Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign HUB LPIED Sent:6/17/2020 10:40:41 AM HUB@glo.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Angie Williams PI E Sent:6/17/2020 10:40:43 AM Angie.Williams@glo.texas.gov Interim Director, Budget and Planning Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Martin Rivera Jr Sent:6/17/2020 10:40:45 AM martin.rivera.glo@recovery.texas.gov PI E D Deputy Director,M&Q Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Pamela Mathews , PI E D Sent:6/17/2020 10:40:47 AM pamela.mathews.glo@recovery.texas.gov Program Integration Director Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Ryne Zmolik , PI E D Sent:6/17/2020 10:40:47 AM ryne.zmolik.glo@recovery.texas.gov Viewed:6/17/2020 1:03:11 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Denise Hall COPIED Sent:6/17/2020 10:40:47 AM denise.hall.glo@recovery.texas.gov Viewed:6/17/2020 11:02:31 AM Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Michelle Esper-Martin , PIED Sent:6/17/2020 10:40:49 AM michelle.espermartin.glo@recovery.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Carbon Copy Events Status Timestamp Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 6/17/2020 10:40:49 AM Certified Delivered Security Checked 6/17/2020 10:40:49 AM Signing Complete Security Checked 6/17/2020 10:40:49 AM Completed Security Checked 6/17/2020 10:40:49 AM Payment Events Status Timestamps La Voila Creek - Grants Acceptance and appropriation for La Voila Creek Grants City Council July 28, 2020 HMGP Grant • Texas Division of Emergency Management administers the Hazard Mitigation Grant Program. • March 11 , 2020 City received sub-grant award letter for Phase 1 environmental and design for the addition of four additional relief culverts at North Padre Island Drive. • Sub-grant awarded the City $163,244 • City will provide matching funds in the amount of $1 ,036,006 • TDEM will award the remaining $4,355,256 for Phase II construction. • The City will allocate $1 ,036,006 in matching funds HMGP Grant — Project Location OUTE� rr 3 CDBG-DR Grant • Community Development Block Disaster Grant — Disaster Recovery ("CDBG-DR") is administered by the General Land Office. • June 17, 2020 - City received executed contract and subaward notice in the amount of $7,234,755 for the construction of a 1 ,146 ac-ft detention pond. • City will provide matching funds in the amount of $7,600,000. • Detention pond to be located near the confluence of La Volla Creek and Airport Tributary Number 1 . CDBG-DR Grant — Project Location _ &eenwo WWTP `. z, 5 Area of Benefit 0I BF_AR LN ¢` i a .ssa m�T moo, o 6 Authorized Signatories • Action also designates authorized signatories for contractual and financial documents pertaining to the Community Development Block Grant — Disaster Recovery Program Contract No. 20-065-133-C445 Recommendation Approval