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Agenda Packet City Council - 09/29/2020
City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Council Chambers9:00 AMTuesday, September 29, 2020 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.BRIEFINGS: (ITEM 1) 1.20-1220 Staff and companies presentation on Supplemental Information of Page 1 City of Corpus Christi Printed on 9/28/2020 September 29, 2020City Council Meeting Agenda - Final-revised Alternative Water Supplies as follow-up to the City's August 2018 Request for Information. Sponsors:Water Utilities Department G.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: a.GOVERNMENT ACTIONS RELATED TO CORONA VIRUS H.MINUTES: 2.20-1183 Regular Meeting of September 22, 2020 I.BOARD & COMMITTEE APPOINTMENTS: 3.20-1184 Corpus Christi Convention & Visitors Bureau (9 vacancies) J.EXPLANATION OF COUNCIL ACTION: K.CONSENT AGENDA: (ITEMS 4 - 23) 4.20-1117 One-reading ordinance authorizing Amendment No. 1 to CP&Y, Inc. to provide professional design services for the implementation of the Holly and Rand Morgan Elevated Storage Tanks Implementation Project in an amount of $383,397 for a total contract value not to exceed $432,935 and amending the FY 2020 Capital Improvement Program Budget to include the Holly and Rand Morgan Elevated Storage Tanks Implementation Project, located in City Council Districts 1 and 5, with funding available from FY 2020 Water Capital Improvement Program Budget. Sponsors:Engineering Services and Utilities Department Consent - Second Reading Ordinances 5.20-1039 Zoning Case No. 0820-01, High Tide Partnership, Ltd. (District 4). Ordinance rezoning property at or near 10582 State Highway 361 from the “FR” Farm Rural District to the “CR-2” Resort Commercial District. Planning Commission and Staff Recommend approval. Sponsors:Development Services 6.20-1080 Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy in an amount of $144,621.00, for the FY2019 High Intensity Drug Trafficking Area Initiative to fund salary and benefits for one civilian employee and overtime for four sworn officers; and appropriating $144,621.00 in the Police Grants Fund . Sponsors:Police Department Page 2 City of Corpus Christi Printed on 9/28/2020 September 29, 2020City Council Meeting Agenda - Final-revised 7.20-1081 Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy, in an amount of $89,480.00 for the FY2020 High Intensity Drug Trafficking Area Initiative to fund overtime for four sworn officers; and appropriating $89,480.00 in the Police Grants Fund. Sponsors:Police Department 8.20-1087 Ordinance amending Section 2 of Ordinance No. 031962 to revise an appropriation of funds in the amount of $22,892.91 from the General Fund to the Police Grants Fund. Sponsors:Finance & Business Analysis 9.20-1066 Ordinance authorizing the City Manager to execute an amendment of the lease with Tailwind CRP, LLC, to provide space for the operation of a news and gift concession at Corpus Christi International Airport in exchange for payment of a percentage of gross revenues or a minimum annual guarantee, whichever is greater; extending the lease expiration date to August 14, 2022; and providing for severance. Sponsors:Aviation Department 10.20-1086 Ordinance authorizing an amendment to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend a Grid Main Line between CR-33 and FM-43; and appropriating $20,562.52 from the Water Arterial Transmission and Grid Main Trust Fund to reimburse developer. (District 3) Sponsors:Development Services 11.20-1137 Ordinance authorizing acceptance of a grant totaling $919,500 from the Office of the Governor from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant (DEAAG) to complete the Corpus Christi Army Depot Flight Line Security Enhancement Project, authorizing the execution of the grant agreement, and providing $92,000 as an in-kind contribution for grant administration services. Sponsors:Communications & Intergovernmental Affairs and Chief Financial Officer 12.20-1140 Ordinance accepting and appropriating $7,268,376.00 from the Coronavirus Relief Fund, established by the CARES Act and provided through the State of Texas, for prevention, preparation for, and response to the COVID-19 pandemic. Sponsors:Finance & Business Analysis Consent - Contracts and Procurement 13.20-0986 Motion authorizing a two-year service agreement with CAP Fleet Upfitters, LLC, Houston, TX, for a total amount not to exceed $145,274.78 to install retrofitting kits for the secure fit of various equipment in 14 new Ford Utility Page 3 City of Corpus Christi Printed on 9/28/2020 September 29, 2020City Council Meeting Agenda - Final-revised Vehicles and two Ford F-150s for the Corpus Christi Police Department, with FY 2020 funding available from the Fleet Maintenance Service Fund. Sponsors:Police Department, Asset Management Department and Contracts and Procurement 14.20-1128 Motion authorizing a two-year service agreement with three one-year options to MPACT Strategic Consulting LLC of Houston, TX, in amount up to $100,000.00 for each year and a total amount not to exceed $500,000.00 including the renewal options for professional services with assistance in disaster recovery and emergency response grant services to be used on an as needed basis, with funding dependent on grant awards. Sponsors:Fire Department and Contracts and Procurement 15.20-1105 Motion authorizing the purchase of 10 replacement Ford trucks from Silsbee Ford, Silsbee, TX, for a total amount of $355,415.00 to be used by the Parks and Recreation Department in support of park operations, beach lifeguard/first response, Gulf Beach maintenance and park enforcement, beach operations, park construction and Tourist District facility maintenance, with FY 2020 funding available from the General Fund and State Hotel Occupancy Tax Beach Fund. Sponsors:Parks and Recreation Department and Contracts and Procurement 16.20-1053 Motion authorizing Amendment No. 1 to the FY 2020 Service Agreement with stHealth Benefit Solutions, LLC, dba Stealth Partner Group, Dallas TX, in an amount not to exceed $58,000.00, increasing the total contract amount from $2,500,000.00 to $2,558,000.00, due to an unanticipated increase in number of employees in the self-funded stop loss insurance program, with FY 2020 funding available from the Employee Health Citicare Fund. Sponsors:Human Resources and Contracts and Procurement 17.20-1136 Motion authorizing Amendment No. 1 to the Service Agreement for the Purchase of Phase 2 Radios for Public Safety with Dailey and Wells Communications, Inc. for a total not to exceed of $4,157,814.20 increasing the service agreement value to a total not to exceed of $7,724,846.40 for Harris Public Safety communication radios, with an effective date on or after October 1, 2020 with funding in an amount of $1,395,563.07 requested in the FY 2021 Adopted Budget through the Information Technology Fund. Sponsors:Information Technology Services and Contracts and Procurement Consent - Capital Projects 18.20-0732 Motion awarding a three year Master Services Agreement for professional engineering design services to Binkley & Barfield, Inc., Corpus Christi, Texas for the design of a New Gas Transmission Main extending service to Annaville and Calallen in an amount up to $300,000 with two one-year Page 4 City of Corpus Christi Printed on 9/28/2020 September 29, 2020City Council Meeting Agenda - Final-revised renewal options to be administratively authorized for up to $100,000 per year for a total amount not to exceed $500,000, located in Council District 1, with funding available from the Gas Capital Reserve fund. Sponsors:Engineering Services, Contracts and Procurement and Gas Department 19.20-0936 Motion awarding a Master Services Agreement for General Civil Engineering Projects to Freese and Nichols, Inc. and Hanson Professional Services, Inc. both from Corpus Christi, Texas, in an amount up to $500,000 for a two-year term with each firm, with projects located Citywide, with FY 2021 funding available from the Utility Capital Program and Bond Program. Sponsors:Engineering Services, Utilities Department and Contracts and Procurement General Consent Items 20.20-1079 Resolution authorizing an interlocal cooperation agreement with Texas A & M University-Corpus Christi (TAMUCC) in the amount not to exceed $150,499.58 for air quality monitoring service through December 31, 2021, effective upon issuance of a notice to proceed, with funding available in the No. 1071 Community Enrichment Grant fund. Sponsors:Planning & Environmental Services and Contracts and Procurement 21.20-1102 Resolution authorizing an amendment to the Participation Agreement with MPM Development, LP to construct two C-3 collector streets associated with a planned residential subdivision known as Kings Landing; and appropriating $30,788.37 to reimburse developer. (District 3) Sponsors:Development Services 22.20-1182 Resolution opposing Texas Windstorm Insurance Association rate increase. Sponsors:Communications & Intergovernmental Affairs 23.20-1224 Resolution approving a transfer of allocation of $200,000 from the City of Corpus Christi’s $17,960,470 Coronavirus Relief Fund, established by the CARES Act, to Nueces County for expenses specifically for public messaging related to the prevention, preparation for, and response to the COVID-19 public health emergency. Sponsors:Finance & Business Analysis L.RECESS FOR LUNCH M.PUBLIC HEARINGS: (NONE) N.REGULAR AGENDA: (NONE) O.FIRST READING ORDINANCES: (ITEM 24) Page 5 City of Corpus Christi Printed on 9/28/2020 September 29, 2020City Council Meeting Agenda - Final-revised 24.20-1169 Ordinance to adopt the City of Corpus Christi Water Conservation Plan revised 2020 edition and revising City Code of Ordinances Section 55-150 (a) regarding adoption of revised plan with the addition of an explanation of the Model Industrial Water Conservation Plan and other adjustments updating information. Sponsors:Water Utilities Department P.EXECUTIVE SESSION: Q.IDENTIFY COUNCIL FUTURE AGENDA ITEMS R.ADJOURNMENT Page 6 City of Corpus Christi Printed on 9/28/2020 DATE: September 29, 2020 TO: Peter Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com 361-826-1874 STAFF PRESENTER(S): Name Title/Position Department 1. Kevin Norton Director of Water Utilities Water Utilities OUTSIDE PRESENTER(S): Company representatives from 1. Evangeline/Laguna (groundwater) 2. Dimmit Utility (groundwater) 3. Veolia (water reuse) 4. Poseidon-Suez (water reuse) 5. Poseidon Water (desalination) 6. Seven Seas Water (desalination) 7. CC Polymers (desalination) 8. Corpus Christi Civic Leadership Group (desalination) 9. IDE-Kiewit (desalination) 10. Consolidated Water Co (desalination) BACKGROUND: Four Council Members submitted a letter on September 4, 2020, requesting an agenda item for presentations on September 29, 2020, by the original respondents to the City of Corpus Christi Request for Information (RFI) 2018-08 for Alternative Water Sources as well as other companies outside of the RFI who approached the City regarding alternative water supplies. City staff took lead in contacting companies and collecting supplemental information from each company to present at the September 29, 2020, City Council meeting. City staff also invited companies to attend the meeting in-person or virtually to answer questions or provide more information to the Council. Since majority approval of City Council was required to add this agenda item, a motion to authorize this was presented and approved by City Council on September 22, 2020. Prior to the vote, an amendment to the motion was introduced and approved by City Council to allow companies to provide a 10-minute presentation to the City Council. Supplemental Information on Alternative Water Supplies Presentation AGENDA MEMORANDUM City Council Meeting of September 29, 2020 The ten companies who responded to the 2018 RFI, plus two companies who had independently approached the City, were contacted by City staff for supplemental information such as pricing, quantity, and delivery considerations. Ten of the twelve companies confirmed interest. Supplemental information will be presented on groundwater, wastewater reuse, and desalination. Mayor McComb will call the City Council meeting to order at approximately 9:00am. Following opening protocols, City staff will provide an update on the Port of Corpus Christi Authority desalination permits status and will present a summary of the ten companies who provided supplemental information on alternative water supplies (approximately 20 minutes). Companies will then make presentations in the order noted below. SCHEDULE AND EXPECTED PRESENTERS 9:00-9:10am Mayor McComb call meeting to order and initiates opening protocols 9:10-9:30am City staff briefing (Kevin Norton, Director, Water Utilities) 9:30-9:45am Evangeline/Laguna (groundwater – Hamlet Newsom, Ed Cross) 9:45-10:00am Dimmit Utility (groundwater – Ruben Saenz, Matilda Saenz) 10:00-10:15am Veolia (water reuse – Josh Berezowsky) 10:15-10:30am Poseidon-Suez (water reuse - Carlos Rubinstein) 10:30-10:45am Poseidon Water (desalination - Carlos Rubinstein) 10:45-11:00am Seven Seas Water (desalination – Richard Whiting) 11:00-11:15am CC Polymers (desalination – Paul Murdoch, Jeff Shea) 11:15-11:30am Corpus Christi Civic Leadership Group (desalination – Paul Choules, Devesh Shama) 11:30-11:45am IDE-Kiewit (desalination – Mark Ellison) 11:45-12:00pm Cosolidated Water Co (desalination – John Tonner) LIST OF SUPPORTING DOCUMENTS: Summary matrix of companies and respective projects 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AM Council ChambersTuesday, September 22, 2020 Addendums may be added on Friday. Mayor Joe McComb to call the meeting to order.A. Mayor McComb called the meeting to order at 11:36 a.m. Invocation to be given by Mayor Joe McComb.B. Mayor McComb gave the invocation. Pledge of Allegiance to the Flag of the United States and to the Texas Flag.C. Mayor McComb led the Pledge of Allegiance to the flag of the United States and the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. City Secretary Rebecca L. Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and City Secretary Rebecca L. Huerta. Note: Council Members Roland Barrera, Everett Roy and Paulette Guajardo participated by video conference. Council Member Michael Hunter participated telephonically. Mayor Joe McComb,Council Member Roland Barrera,Council Member Rudy Garza,Council Member Paulette Guajardo,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Ben Molina,Council Member Everett Roy, and Council Member Greg Smith Present:9 - Page 1City of Corpus Christi Printed on 9/25/2020 September 22, 2020City Council Meeting Minutes 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. E. Mayor McComb referred to comments from the public. The following citizen called in to introduce herself as the new Chief Executive Officer for the Corpus Christi Association of Realtors: Elke Gonzalez, 1717 Piedmont Ave., Austin, TX. The following citizens submitted written public comments which are attached to the Minutes: Russell Hanson, 4044 Donaho Dr.; and Natalia Dawsey, 4900 Timber Ct., Midland, TX. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:F. Mayor McComb referred to City Manager's Comments. City Manager Peter Zanoni reported on the following topics: 1) initiative to cut waste and save City tax dollars by deactivating cell phones and other IT devices that are under utilized or not utilized at all will save the City $56,000 annually; and an updated cell phone policy will be issued. 2) The deadline to complete the census is September 30, 2020; the importance of completing the census; and only 50% of Nueces County residents have submitted their census. Corpus Christi Convention and Visitors Bureau CEO Brett Oetting presented information on the following topics: an assessment update for the CVB 10-year strategy plan will be held on September 24, 2020 at the Selena Auditorium Page 2City of Corpus Christi Printed on 9/25/2020 September 22, 2020City Council Meeting Minutes from 9:00 a.m. to 11:30 a.m.; and the tourism economy is good for the community. GOVERNMENT ACTIONS RELATED TO CORONA VIRUSa. Director of Public Health District Annette Rodriguez presented an update on COVID-19: current statistics; adjusted cases by months as of 09/17; COVID-19 cases by age group; Health District cases 09/05-09/18; COVID-19 deaths by age; deaths by test type; school districts positive COVID-19 cases; this year's flu vaccine; and Nueces County Annual surveillance of flu illness 5 year comparison. Council Members and Director Rodriguez discussed the following topics: the public frustration grows when we get new data; there is a lag in receiving data from the Department of State Health Services because they did not have the proper reporting mechanism; and there are not currently any vaccinations for COVID-19. MINUTES:G. 1.Regular Meeting of September 15, 2020 A motion was made by Council Member Garza, seconded by Council Member Molina that the Minutes be approved. The motion carried by a unanimous vote. BOARD & COMMITTEE APPOINTMENTS: NONEH. EXPLANATION OF COUNCIL ACTION:I. CONSENT AGENDA: (ITEMS 2 - 21)J. Consent - Second Reading Ordinances Approval of the Consent Agenda Mayor McComb referred to the Consent Agenda. Staff withdrew Item 6 at the request of the Contractor. Council members requested that Items 5, 14 and 19 be pulled for individual consideration. There were no comments from the Council. A motion was made by Council Member Garza, seconded by Council Member Molina to approve the Consent Agenda with the exception of Items 5, 6, 14 and 19. The motion carried by the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Page 3City of Corpus Christi Printed on 9/25/2020 September 22, 2020City Council Meeting Minutes 2.Ordinance authorizing Wastewater Collection Line Construction Reimbursement Agreement with Mostaghasi Enterprises, LLC for a planned residential subdivision named Empire Subdivision with completion within 18 months; transferring $110,000 from the Sanitary Sewer Trunk Main Trust Fund to the Sanitary Sewer Collection Line Trust Fund; and appropriating $133,620 from the Sanitary Sewer Collection Line Trust Fund, to reimburse the developer per the agreement. (District 5) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032211 3.Ordinance authorizing the acceptance and appropriation of a grant contract to the Women, Infant and Children’s Nutrition Program (WIC) for a total contract amount of $1,006,829.00 for the period of October 1, 2020, through September 30, 2021, with a contract duration to September 30, 2025, subject to appropriation from the Health and Human Services Commission, and authorizing a staff complement of 21 positions. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032212 Consent - Contracts and Procurement 4.Motion authorizing a six-month service agreement with Lone Star Game Courts, LLC dba South Texas Sport Court Flooring of San Antonio, Texas, for a total amount not to exceed $115,590.00 to replace the basketball court floor at Ben Garza Gym, with FY2020 funding available from the Community Development Block Grants and General Funds. This Motion was passed on the consent agenda. Enactment No: M2020-189 5.Motion authorizing a four-month service agreement with Olympia Landscape Development, Inc. for a total amount not to exceed $197,800.00 to provide landscaping services to install trees for Labonte Park, West Guth Park, Los Encinos Park, Lincoln Park, Lions Park, and Mike Zapada Park with funding available through the FY 2020 Community Enrichment Funds. Mayor McComb referred to Item 5. Council Members, City Manager Peter Zanoni and Assistant Director of Communication Tracey Cantu discussed the following topics: this is a good news item in that trees will be installed at several parks within the next couple of weeks; over 100 trees will be planted at Labonte Park, West Guth and Los Encinos Park; a Council Member's request to confirm that the trees being Page 4City of Corpus Christi Printed on 9/25/2020 September 22, 2020City Council Meeting Minutes planted are on the UDC list; and this project will exhaust the 2020 budget funds. Council Member Molina made a motion to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2020-190 6.Motion authorizing a three-year service agreement with Servando Guerra, dba Guerra’s Maintenance Management, for a total amount not to exceed $464,520.00, for mowing and grounds maintenance services for the Wastewater Treatment Plants, Lift Stations, and miscellaneous city-owned lots, effective upon issuance of notice to proceed on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget through the Wastewater Fund. This Motion was withdrawn. 7.Resolution authorizing a three-year service agreement for Mowing Services for Storm Water Street Right of Ways at Padre Island with 2Chainz Brush Clearing, LLC., from Corpus Christi, for a total amount not to exceed of $63,984.00; with FY 2020 funding available from the Storm Water Fund. This Resolution was passed on the consent agenda. Enactment No: 032213 8.Resolution authorizing a three-year service agreement for mowing and grounds maintenance of Storm Water Group 1B for the City's Calallen area with WCD Enterprises, LLC, is a local company from Corpus Christi in an amount not to exceed $82,365.00, with FY 2020 funding in an amount of $2,287.91 available from the Storm Water Fund. This Resolution was passed on the consent agenda. Enactment No: 032214 9.Resolution authorizing a three-year service agreement for mowing and grounds maintenance for Storm Water Groups 1C for the City's Central area with Dan V. Hinojosa dba Kustom Clean Up, Corpus Christi, TX in an amount not to exceed $79,329.60, with FY 2020 funding available from the Storm Water Fund. This Resolution was passed on the consent agenda. Enactment No: 032215 Page 5City of Corpus Christi Printed on 9/25/2020 September 22, 2020City Council Meeting Minutes 10.Motion authorizing the purchase of five ½ ton light duty pickup trucks, in which three trucks are additions and two trucks are replacements, from Silsbee Ford, Inc. in an amount of $159,650.75, for Gas Operations, effective upon issuance of letter of acceptance with FY 2020 funding available through the Gas Operations Fund in the amount of $159,650.75. This Motion was passed on the consent agenda. Enactment No: M2020-191 11.Motion authorizing a three-year supply agreement with CC Distributors, Inc. in an amount not to exceed $128,031.21 to purchase black and galvanized pipe fittings for the City Warehouse as a central distribution, with an effective date of the agreement on or after October 1, 2020 with funding requested in the FY 2021 Proposed Budget through the Stores Fund. This Motion was passed on the consent agenda. Enactment No: M2020-192 12.Motion authorizing a replacement lease-purchase of one motor grader and one wheeled material handling excavator from HOLT Texas, Ltd., dba HOLT CAT, for a total amount of $702,355.44 to be used by Solid Waste Services at the landfills to maintain roads and load refuse, respectively, on or after October 1, 2020, with funding requested in the FY 2021 Proposed Budget through the General Fund. This Motion was passed on the consent agenda. Enactment No: M2020-193 13.Resolution authorizing a three-year supply agreement with Texas Packer and Loader Sales, Inc./D.B.A Texas Pack and Load in an amount not to exceed $402,150.00 for the purchase of Petersen and New Way equipment parts for heavy equipment within Asset Management such as brush trucks, with FY 2020 funding in an amount of $11,170.83 available in the Fleet Maintenance Service Fund. This Resolution was passed on the consent agenda. Enactment No: 032216 Consent - Capital Projects 14.Motion awarding a construction contract to CSA Construction, Inc., Houston, Texas, for Greenwood Wastewater Treatment Plant Electrical Improvements to Ultraviolet Disinfection System in an amount of $5,990,000, located in City Council District 3, with funds available from Page 6City of Corpus Christi Printed on 9/25/2020 September 22, 2020City Council Meeting Minutes FY 2020 Wastewater Capital Improvement Program budget. Mayor McComb referred to Item 14. Council Members, City Manager Peter Zanoni, Director of Water Utilities Kevin Norton and Capital Improvement Program Manager Kamil Taras discussed the following topics: a Council Member's request for an understanding of how the Capital Improvement Program (CIP) was developed; the purpose of this planning guide for the CIP is to show the potential budget needed for this year, the upcoming year and two years forward; an assessment is done every year, on every project, with every department; the design took longer than expected on this project; a Council Member's request to understand where the money is coming from and going to; this project is associated with the EPA requirements; this is a significant investment in our City's infrastructure; this is the City's second largest wastewater treatment plant; and a Council Member's request for the City to do an assessment of UV systems versus chemical disinfectants. Council Member Hernandez made a motion to approve the motion, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2020-194 General Consent Items 15.Resolution authorizing payment of $754,787.85 for the annual renewal of Excess Liability and Excess Worker’s Compensation insurance coverage through the Broker of Record, Carlisle Insurance Agency for upcoming policy year October 1, 2020-September 30, 2021. This Resolution was passed on the consent agenda. Enactment No: 032217 16.Motion approving Amendment No. 1 to the Management Services Agreement with the Corpus Christi Area Convention and Visitors’ Bureau (“CCCVB”), which amends the composition of the CCCVB’s Board of Directors; and approving the CCCVB amended bylaws. This Motion was passed on the consent agenda. Enactment No: M2020-195 17.Motion authorizing a five-year service agreement with MUNIRevs, Inc., dba LODGINGRevs in an amount not to exceed $843,294.00 for local hotel occupancy tax reporting, collection, and auditing services for the Finance Department, with an effective date on or after October 1, 2020 Page 7City of Corpus Christi Printed on 9/25/2020 September 22, 2020City Council Meeting Minutes with FY 2021 funding requested through the Hotel Occupancy Fund. This Motion was passed on the consent agenda. Enactment No: M2020-196 18.Resolution confirming compliance with federal rules and regulations including Civil Rights protections with acceptance of the Community Development Block Grant Disaster Recovery (CDBG-DR) grant administered by the Texas General Land Office (GLO) for post-Harvey disaster related recovery. This Resolution was passed on the consent agenda. Enactment No: 032218 19.Resolution authorizing a joint application with Nueces County to the Texas General Land Office for CDBG-MIT Hurricane Harvey State Mitigation Competition funds for the North Beach Canal Projects, and a Memorandum of Understanding with Nueces County to provide for management of the grant and City maintenance of the project. Mayor McComb referred to Item 19. Council Members, City Manager Peter Zanoni and Assistant Director of Development Services Nina Nixon-Mendez discussed the following topics: this is a joint application project with Nueces County for the North Beach Canal Projects; the grant deadline is October 28th; the CDBG-MIT guidelines encourage jurisdictions to enter into Memorandums of Understanding; the County will take the lead with respect to the applications and grant management; the City is not committing to a financial match at this point, but there is a commitment to maintenance of the project; the MIT grant is to help alleviate flooding at North Beach; the grants are anticipated to be awarded by March or April; the application states that this is a flood mitigation project; and the elevation and drainage are the two most important factors. Council Member Hernandez made a motion to approve the resolution, seconded by Council Member Molina. This Resolution was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: 032219 20.Resolution adopting a substantial amendment to the City of Corpus Christi’s FY2018-2019 Consolidated Annual Action Plan (CAAP) by cancelling the Homebuyer Gap Financing Assistance Program in the amount of $500,000 previously adopted by Ordinance No. 031483 for the HOME Investment Partnerships (HOME) Program funded by the United States Department of Housing and Urban Development (HUD); and Page 8City of Corpus Christi Printed on 9/25/2020 September 22, 2020City Council Meeting Minutes authorizing the addition of $500,000 to the FY 2020-2021 Village at McArdle Project. This Resolution was passed on the consent agenda. Enactment No: 032220 21.Motion authorizing a two-year term extension to an existing Master Service Agreement for Planning Services with Asakura Robinson Company LLC with an increase of up to $340,000 for the Staples and Leopard Street Corridors Revitalization Plan, Midtown Area Development Plan, and Heritage Park Utilization Plan, for a total contract amount not to exceed $590,000, effective upon notice to proceed, with funding available in the FY 2020 General Fund and the Visitor's Facility Fund. Mayor McComb referred to Item 21. Council Members thanked City Manager Peter Zanoni and staff for their work on this project; and the Staples Street Corridors are extremely important. This Motion was passed on the consent agenda. Enactment No: M2020-197 RECESS FOR LUNCHK. PUBLIC HEARINGS: (ITEM 22)L. 22.Zoning Case No. 0820-01, High Tide Partnership, Ltd. (District 4). Ordinance rezoning property at or near 10582 State Highway 361 from the “FR” Farm Rural District to the “CR-2” Resort Commercial District. Planning Commission and Staff Recommend approval. Mayor McComb referred to Item 22. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern; and staff and planning's recommendation. Mayor McComb opened the public hearing. There were no written comments from the public. Mayor McComb closed the public hearing. There were no comments from the Council. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Garza. This Ordinance was passed on first reading and approved with the following vote: Page 9City of Corpus Christi Printed on 9/25/2020 September 22, 2020City Council Meeting Minutes Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 8 - Abstained:Council Member Guajardo1 - REGULAR AGENDA: (ITEM 23)M. 23.Motion authorizing City staff to present supplemental information on September 29, 2020 from respondents to the Request for Information (RFI) 2018-08 Alternative Water Supplies. Additionally, information will be provided on other potential water sources from Corpus Christi Polymers Plant/Dimmit Utility and an update will be provided on the Port of Corpus Christi Desal Permit application. This was requested by four Council Members and requires majority approval by City Council. Mayor McComb referred to Item 23. Council Members, City Manager Peter Zanoni and Director of Water Utilities Kevin Norton discussed the following topics: staff will present the information to Council, but the Request for Information (RFI) respondents will be in attendance to answer any questions; a Council Member's concern of only getting a brief summary from the staff and not the complete information from the company; a Council Member's suggestion to have a special meeting or workshop so time can be devoted for the additional information; and there were 12 respondents, but only 9 have expressed interest in attending the meeting via Web Ex or in person. Council Member Hernandez made a motion to amend this item to allow the Request for Information (RFI) respondents to make presentations of no more than 10 minutes directly to Council, seconded by Council Member Guajardo and passed unanimously. A Council Member suggested starting the Council meeting early to allow for additional time for the respondents to make their presentations. Council Member Hernandez made a motion to approve the motion as amended, seconded by Council Member Garza. This Motion was passed and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 Enactment No: M2020-198 FIRST READING ORDINANCES: (ITEMS 24 - 30)N. 24.Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy in an amount of Page 10City of Corpus Christi Printed on 9/25/2020 September 22, 2020City Council Meeting Minutes $144,621.00, for the FY2019 High Intensity Drug Trafficking Area Initiative to fund salary and benefits for one civilian employee and overtime for four sworn officers; and appropriating $144,621.00 in the Police Grants Fund. Mayor McComb referred to Item 24. Police Chief Mike Markle presented information on the following topic: this is a 2019 grant that was accepted by Council last year. A Council Member and Chief Markle discussed the following topic: there is no penalty for the official appropriation of funds. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 25.Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy, in an amount of $89,480.00 for the FY2020 High Intensity Drug Trafficking Area Initiative to fund overtime for four sworn officers; and appropriating $89,480.00 in the Police Grants Fund. Mayor McComb referred to Item 25. Police Chief Mike Markle presented information on the following topic: a grant appropriating $89,480.00 for Drug Trafficking to fund overtime for four sworn police officers. There were no comments from the Council. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 26.Ordinance amending Section 2 of Ordinance No. 031962 to revise an appropriation of funds in the amount of $22,892.91 from the General Fund to the Police Grants Fund. Mayor McComb referred to Item 26. Police Chief Mike Markle presented information on the following topic: this item is to revise funds from the General Fund to the Police Grants Fund. Page 11City of Corpus Christi Printed on 9/25/2020 September 22, 2020City Council Meeting Minutes A Council Member commended Chief Markle and his department for getting these grants. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 27.Ordinance authorizing the City Manager to execute an amendment of the lease with Tailwind CRP, LLC, to provide space for the operation of a news and gift concession at Corpus Christi International Airport in exchange for payment of a percentage of gross revenues or a minimum annual guarantee, whichever is greater; extending the lease expiration date to August 14, 2022; and providing for severance. Mayor McComb referred to Item 27. Director of Aviation Fred Segundo presented information on the following topics: the Hudson Group terminated their month-to-month lease of the gift shop at the airport; and this amendment will allow the airport to add a new gift shop. A Council Member and Director Segundo discussed the following topic: the restaurant is primarily open during peak hours of business. Council Member Garza made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 28.Ordinance authorizing an amendment to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend a Grid Main Line between CR-33 and FM-43; and appropriating $20,562.52 from the Water Arterial Transmission and Grid Main Trust Fund to reimburse developer. (District 3) Mayor McComb referred to Item 28. Director of Development Services Al Raymond presented information on the following topics: amend Kings Landing agreements; project map; and staff's recommendation. There were no comments from the Council. Page 12City of Corpus Christi Printed on 9/25/2020 September 22, 2020City Council Meeting Minutes Council Member Hernandez 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:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina and Council Member Smith 8 - Abstained:Council Member Roy1 - 29.Ordinance authorizing acceptance of a grant totaling $919,500 from the Office of the Governor from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant (DEAAG) to complete the Corpus Christi Army Depot Flight Line Security Enhancement Project, authorizing the execution of the grant agreement, and providing $92,000 as an in-kind contribution for grant administration services. Mayor McComb referred to Item 29. Director of Intergovernmental Relations Tammy Embrey presented information on the following topics: this item authorizes the City Manager to execute the final grant agreement for the Corpus Christi Army Depot Flight Line Security Enhancement Project; the City will be providing a match of $92,000 and working on the gifting process with the Navy; and the deadline is two years from the date of award. A Council Member and Director Embrey discussed the following topic: the $92,000 match comes out of the military infrastructure investment fund. Council Member Smith made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 30.Ordinance accepting and appropriating $7,268,376.00 from the Coronavirus Relief Fund, established by the CARES Act and provided through the State of Texas, for prevention, preparation for, and response to the COVID-19 pandemic. Mayor McComb referred to Item 30. Assistant Director of Finance Alma Casas presented information on the following topics: the City has expended $4.7 million to date and has billed almost $3 million. Council Members, City Manager Peter Zanoni and Assistant Director Casas discussed the following topics: this amount will not cover lost revenue; the $17 million is mostly spoken for because there are only certain categories it can be spent on and so many percentages; the departments have been working on Page 13City of Corpus Christi Printed on 9/25/2020 September 22, 2020City Council Meeting Minutes plans on how to spend that money; between now and December some of the things that have been earmarked include air and ventilation machines; the City has worked with the County to contribute $200,000 for a community awareness campaign through the winter months; and the $17 million between the City, County and school districts has been allocated, but some items will be coming to Council in the next couple of weeks. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Smith. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor McComb, Council Member Barrera, Council Member Garza, Council Member Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Molina, Council Member Roy and Council Member Smith 9 - Abstained:0 BRIEFINGS:O. EXECUTIVE SESSION: (ITEMS 31 - 32)P. Mayor McComb referred to Executive Session Item 32. The Council went into Executive Session at 1:14 p.m. The Council returned from Executive Session at 1:28 p.m. 31.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 and litigation including various claims, litigation, and potential litigation (general litigation update to answer potential questions from City Council) This E-Session Item was withdrawn. 32.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 purchase, exchange, lease, or value of real property rights at or in the vicinity of the Frost Bank Building and/or 2400 Block of Leopard Street, and pursuant to Texas Government Code § 551.072 to deliberate the purchase, exchange, lease, or value of real property (including, but not limited to, property rights at or in the vicinity of the aforementioned locations) because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person This E-Session Item was discussed in executive session. IDENTIFY COUNCIL FUTURE AGENDA ITEMSQ. Mayor McComb referred to Identify Future Agenda Items. The following Items were discussed: a request for an update on the Lamar Page 14City of Corpus Christi Printed on 9/25/2020 September 22, 2020City Council Meeting Minutes Elementary School building; a request for an update on the Nueces County Victims Memorial Garden; and the City's legislative agenda is currently being developed. ADJOURNMENTR. The meeting was adjourned at 1:31 p.m. Page 15City of Corpus Christi Printed on 9/25/2020 Duties Composition Member size Term Length Term limit 24 2 years 6 years Name District Term Appt. date End date Position Status Category Attendance Sam Canavati District 5 1 9/11/2018 10/1/2020 Seeking Reappointment Community At-Large 8/9 meetings 89% Ed Cantu District 5 2 2/9/2016 10/1/2020 Chair Seeking Reappointment Community At-Large 9/9 meetings 100% Daniel R Suckley District 4 1 9/11/2018 10/1/2020 Vice-Chair Seeking Reappointment Community At-Large 9/9 meetings 100% Tom Schmid District 4 1 9/18/2018 10/1/2020 Not seeking reappointment Attraction Industry Wes Weigle District 4 1 10/1/2019 10/1/2020 Realigned Attraction Industry CORPUS CHRISTI CONVENTION & VISITORS BUREAU CCCVB shall be governed by a board of directors (BOARD), which must be composed of twenty-four (24) members. Thirteen (13) will be selected directly by the City Council. The members shall include persons from all areas of the City in order to assure diverse geographic representation on the Board. The members shall be representatives of the following groups: 3 - lodging industry; 3 - attraction industry; 2 - restaurant industry; and 5 - community at-large. The following persons or entities, or their designees or representatives, shall serve as additional voting members of the Board by virtue of position held: The Mayor or designee, City Manager or designee General Manager of the Corpus Hooks and Director of Corpus Christi International Airport. The following persons or entities, or their designee or representatives, shall serve as additional non-voting members of the Board by virtue of position held: State Representative from district 32 or designee, State Representative 34 or designee, Director of Regional Transportation Authority, President & CEO of Port of Corpus Christi or designee, President & CEO of Corpus Christi Regional Economic Development Corporation, General Manager of American Bank Center and Athletic Director of Texas A&M University Corpus Christi or designee. Appointments will be for two-year staggered terms. No person may serve as a voting member of the Board for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. The CCCVB may make recommendations to the City Council for directors in the lodging, restaurant, attraction and at-large categories as directors' terms expire, but the CCCVB always shall nominate one (1) more individual than the number of positions available in each category. The City Council will provide serious consideration to the Board's recommendations, but it is not restricted to select members submitted by the CCCVB or any other group. The Corpus Christi Convention & Visitors Bureau solicits various organizations and associations to conduct meetings/conventions/tradeshows within Corpus Christi year- round; to promote the City as a year-round destination; to design and implement an advertising campaign with state, national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings; to provide support services to conventions in Corpus Christi; to operate visitor information centers; to provide information and advice to businesses interested in tourism and convention-related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention-related businesses to assist City planning efforts. Nine (9) vacancies with terms to 10-1-21 and 10-1-22, representing the following categories: 5 - At-Large, 2 - Attraction Industry, 1 - Restaurant Industry and 1 - Lodging Industry. The CCCVB is recommending the reappointments of Ed Cantu (At-Large), Daniel Suckley (At-Large) and Sam Canavati (At-Large). They are also recommending the new appointments of Alex Harris (At Large), John Longoria (At Large), Richard Lomax (Restaurant), Jennifer Vela (Attraction), Mitchell Kalogridis (Attraction) and Blanche Candelaria-Morris (Lodging). By contract, the CCCVB must nominate at least one more individual than the number of positions available in each category. 9-29-2020 Name District Term Appt. date End date Position Status Category Attendance Jason Rodriguez District 4 3 9/30/2014 10/1/2020 Exceeded the number of absences allowed by contract Restaurant Industry Christina A Cisneros- Guzman District 5 1 6/19/2018 10/1/2020 Exceeded the number of absences allowed by contract Community At-Large Lynn Frazier District 1 2 10/2/2019 10/1/2021 Exceeded the number of absences allowed by contract Community At-Large Raju G Bhagat District 1 1 10/2/2019 10/1/2021 Exceeded the number of absences allowed by contract Lodging Industry Fred F Soward III District 4 2 10/2/2019 10/1/2021 Active Restaurant Industry Johnny Philipello District 4 2 10/2/2019 10/1/2021 Active Attraction Industry Kendra L Kinnison District 4 2 10/2/2019 10/1/2021 Active Lodging Industry Melody Nixon-Bice District 5 3 10/2/2019 10/1/2021 Active Lodging Industry Michael T. Hunter 1 8/14/2019 N/A Ex-Officio, Voting Active Mayor Joe McComb's Rep. Fred Segundo N/A N/A N/A Ex-Officio, Voting Active C.C. International Airport Wes Weigle District 4 1 N/A N/A Ex-Officio, Voting Active Corpus Christi Hooks General Manager Peter Zanoni 1 N/A N/A Ex-Officio, Voting Active City Manager or designee Jorge Cruz-Aedo N/A N/A N/A Ex-Officio, Non- voting Active RTA Matt Blasy 1 N/A N/A Ex-Officio, Non- voting Active American Bank Center General Manager Abel Herrero 1 N/A N/A Ex-Officio, Non- voting Active State Representative District 34 or designee Lisa Hinojosa District 4 1 N/A N/A Ex-Officio, Non- voting Active Port of C.C. Authority Todd Hunter 1 N/A N/A Ex-Officio, Non- voting Active State Representative District 32 or designee Jon Palumbo District 4 1 N/A N/A Ex-Officio, Non- voting Active Texas A&M Athletic Director or designee Iain D Vasey District 5 1 N/A N/A Ex-Officio, Non- voting Active CCREDC 9-29-2020 Name District Category Blanche Candelaria-Morris **Other / Non-Resident At-Large Hotel Industry Lance N Hancock **Other / Non-Resident At-Large Attraction Industry *Alex H. Harris **Other / Non-Resident At-Large Attraction Industry Mourad Hasbaoui District 3 At-Large Paul E Hatridge District 5 At-Lage Restaurant Industry Jan Jones District 4 At-Large Hotel Industry Mitchell Davis Kalogridis District 4 At-Large Attraction Industry Linda Lindsey District 4 At-Large Hotel Industry Richard Lomax District 4 At-Lage Restaurant Industry John F Longoria District 4 At-Large Attraction Industry Sara Sells Morgan District 4 At-Large Attraction Industry Carol Rehtmeyer District 4 At-Large Attraction Industry Jennifer J Vela **Other / Non-Resident At-Large Attraction Industry Michael Womack District 5 At-Large Attraction Industry CORPUS CHRISTI CONVENTION & VISITORS BUREAU Applicants *Mr. Harris is member of the Island Strategic Action Committee. He will resign if appointed. **Per Council Policies Section 10.1.2.(A), a Board is defined as “a permanent advisory or decision-making body created by the City Council. The term does not include separate corporations filed of record with the Texas Secretary of State .” The CCCVB is a corporation. Thus, the residency requirement in Section 10.2.1(B) does not apply to CCCVB appointees unless the Council makes an exception by City ordinance or other Council action. Board of Directors Nominations Committee July 16, 2020 2020-2021 Executive Committee • Chair – Dan Suckley – American Bank • Vice Chair – Johnny Philipello – Buccaneer Commission • Treasurer – Fred Soward – Doc’s Seafood & Steaks • Secretary – Kendra Kennison – Port Royal Ocean Resort • Immediate Past Chair – Ed Cantu – Ed Cantu Insurance • At-Large – Peter Zanoni – City Manager Retain Positions 1. At-Large • Ed Cantu – Owner – Ed Cantu Insurance – Immediate Past Chair • Dan Suckley – Senior Lending Officer – American Bank – Board Chair • Sam Canavati – Chief Operating Officer – Durrill Properties Expiring or Removed Positions 2. At-Large • Christina Cisneros-Guzman i. Recommendation: Alex Harris: Owner – Aruba Bay Development ii. *Alternate: Rob Hall: Regional Vice President – H-E-B • Lynn Frazier i. Recommendation: John Longoria: Economic Development Manager – AEP ii. *Alternate: Jyoti Patel: Owner – US Hospitality 3. Restaurant • Jason Rodriguez i. Recommendation: Richard Lomax: President – WaterStreet Ltd. ii. Alternate: Paul Hatridge: Owner - Saltwater Grill 4. Attraction • Tom Schmid i. Recommendation: Jennifer Vela: Director of Sales & Marketing – TSA ii. Alternate: Sara Morgan: Director – Art Museum of South Texas • Vacant Position i. Recommendation: Mitchell Kalogridis: Owner – Market 37/Snoopy’s Pier ii. Alternate: Lance Hancock: Retail Operations Manager – King Ranch 2. Hotels • Raju Bhagat i. Recommendation: Blanche Candelaria-Morris – Sales Director – Omni Hotel ii. *Alternate: Jyoti Patel: Owner – US Hospitality *Rob Hall did not submit an application and Jyoti Patel declined the nomination. AGENDA MEMORANDUM Action Item for the City Council Meeting of September 29, 2020 DATE: September 14, 2020 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Kevin Norton, Director of Water Utilities kevinn@cctexas.com (361) 826-1874 CAPTION: One-reading ordinance authorizing Amendment No. 1 to CP&Y, Inc. to provide professional design services for the implementation of the Holly and Rand Morgan Elevated Storage Tanks Implementation Project in an amount of $383,397 for a total contract value not to exceed $432,935 and amending the FY 2020 Capital Improvement Program Budget to include the Holly and Rand Morgan Elevated Storage Tanks Implementation Project, located in City Council Districts 1 and 5, with funding available from FY 2020 Water Capital Improvement Program Budget. SUMMARY: This ordinance approves Amendment No. 1 for professional services contract with CP&Y, Inc. to provide hydraulic modeling, pressure reducing valve/pump design, and pipe replacement program associated with the Holly and Rand Morgan Elevated Storage Tanks Implementation project. BACKGROUND AND FINDINGS: In 2010, Texas Commission on Environmental Quality (TCEQ) issued notice that the City did not have enough elevated storage volume. In June 2012, TCEQ approved the City’s Alternative Capacity Requirement (ACR) Implementation Plan. As part of the implementation plan, two new elevated storage tanks (EST), Holly EST and Rand Morgan EST, were constructed in 2018. The City attempted to bring the Holly EST into service and experience multiple waterline breaks throughout the system. Consequently, Holly EST was removed from service and Rand Morgan EST was not placed into service. In June 2020, the City retained CP&Y, Inc. to provide independent review and recommendations for the City’s EST Implementation Plan and Alternative Capacity Requirement (ACR) agreement with TCEQ. This included the existing Holly Road and Rand Morgan EST’s as well as the Professional Services Contract Amendment No. 1 Holly and Rand Morgan Elevated Storage Tanks Implementation proposed Flour Bluff and Nueces Bay EST’s. CP&Y, Inc. submitted a final report in August with recommended next steps to place EST’s into service. This project will accomplish the next phase. The project scope is summarized below: Updated ACR Implementation Plan o Hydraulic modeling o Scenario analysis o Updated ACR report and schedule o Coordination with TCEQ Design of Recommended Modifications to Existing EST’s o Bid documents for bypass pumps, pressure reducing valves (PRV’s), piping, electrical power and instrumentation o Bid phase support o Construction phase support Pipe Reinvestment Program o Information review to create well-defined pipe reinvestment program o Update reinvestment cost estimates This project is needed to meet regulatory requirements set by TCEQ. PROJECT TIMELINE: 2020 - 2021 2021 2021 - 2022 Sept - June J A S O November - November Design Bid/Award Construction Project schedule reflects City Council award of Amendment No. 1 in September 2020 with anticipated completion in November 2022. COMPETITIVE SOLICITATION PROCESS: Due to the urgency of this project an exception to the City’s procurement policy is being requested with this project. Local Government Code 252.022(a) exempts this contract or procurement from State’s competitive bidding requirements because it is a procurement for professional services. Texas Government Code 2254 requires the City to select professional services based on demonstrated competence and qualifications to perform the services. CP&Y, Inc. has completed 198 water projects in Texas during the last 5 years. They have work experience with nearly every water utility in Texas. CP&Y, Inc. also served as the City’s independent consultant for the 2008 water quality boil notice. CP&Y, Inc was selected for this assignment based on the qualifications and experience of the firm with similar past projects and their ability to provide an independent assessment of the current situation. ALTERNATIVES: Not awarding the contract amendment to CP&Y, Inc. would further delay placing the Holly Road EST and the Rand Morgan EST into service. It would also impact the City’s ability to comply with the ACR Implementation Plan timeline potentially resulting in TCEQ fines. FISCAL IMPACT: The fiscal impact in FY2020 is an amount of $432,935 for Holly and Rand Morgan Elevated Storage Tanks Implementation with funding approved and available from FY 2020 Water Capital Improvement Program Budget. FUNDING DETAIL: The FY 2020 Capital Improvement Program (CIP) Budget is amended to create the Holly and Rand Morgan Elevated Storage Tanks Implementation project. The project is funded through FY 2020 Water CIP funds. Fund: Water 2020 (Fund 4099) Mission Elem: Water Distribution (041) Project: Holly and Rand Morgan Elevated Storage Tanks (Project No. 20267) Account: 550950 Activity: 20267-4099-EXP RECOMMENDATION: Staff recommends approval of the professional services contract amendment with CP&Y, Inc. in the amount of $383,397 for the Holly and Rand Morgan Elevated Storage Tanks Implementation project. The design phase will begin in September 2020 with completion planned in June 2021. The construction is planned to start in November 2021 with completion in November 2022. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Proposal One-reading ordinance authorizing Amendment No. 1 to CP&Y, Inc. to provide professional design services for the implementation of the Holly and Rand Morgan Elevated Storage Tanks Implementation Project in an amount of $383,397 for a total contract value not to exceed $432,935 and amending the FY 2020 Capital Improvement Program Budget to include the Holly and Rand Morgan Elevated Storage Tanks Implementation Project, located in City Council Districts 1 and 5, with funding available from FY 2020 Water 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 increase the budget in the amount of $383,397, for the Holly and Rand Morgan Elevated Storage Tanks Implementation project #E11068. SECTION 2. Amendment No. 1 to the Holly and Rand Morgan Elevated Storage Tanks project with CP&Y, Inc. of Houston, Texas, for professional design services, in the amount of $383,397 is authorized. SECTION 3. That upon written request of the Mayor of five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 29th day of September, 2020. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor ______ day of , 2020 Corpus Christi, Texas PASSED AND APPROVED on this the _________ day of _________________, 2020 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, th erefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, _________________________ _________________________ __________________________ _________________________ Joe McComb Mayor _________________________ _________________________ Council Members The above ordinance was passed by the following vote: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Michael Hunter Ben Molina Everett Roy Greg Smith 37 37 181 37 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES HOLLY & RAND MORGAN ELEVATED STORAGE TANKS IMPLEMENTATION LOCATION MAP NOT TO SCALE PROJECT NUMBER: 20267 PROJECT LOCATION VICINITY MAP NOT TO SCALE PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES HOLLY & RAND MORGAN ELEVATED STORAGE TANKS IMPLEMENTATION AERIAL MAP NOT TO SCALE PROJECT NUMBER: 20267 IH 3 7 RAND MORGANLE O P A R D R D . I-37 F R O N T A G E R D . PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES HOLLY & RAND MORGAN ELEVATED STORAGE TANKS IMPLEMENTATION AERIAL MAP NOT TO SCALE PROJECT NUMBER: 20267 PROJECT LOCATION SC H A N E N B L V D .EVERHART RD.CA I N D R . H O L L Y R D . N. S H E A P K W Y . Attachment A – Amendment # 1 Scope of Work Implementation of the Holly and Rang Morgan ESTs Page 1 of 11 Amendment No. 1 City of Corpus Christi Holly & Rand Morgan Elevated Storage Tanks Implementation Service Agreement No. 3097 Corpus Christi Project No.: 20267 CP&Y Project No.: CORP2000479 September 6, 2020 1) General This Amendment is for Additional Engineering Services related to updating the implementation plan for the TCEQ Alternative Capacity Requirement (ACR), the design, bid and construction phases for the recommendations to bring the Holly and Rang Morgan Elevated Storage Tanks (EST) into service and planning efforts associated with the Expanded Pipe Reinvestment Program. 2) Basic Services The Engineer shall provide the following services: i) Project Management (1) Hold monthly meetings with the Owner to establish status of project, plan future activities, and discuss design issues. Meetings will be conducted using Teams or Owner web-based platform. In person meetings will be held as needed and as travel/meeting restrictions allow. (2) Perform project administrative duties such as progress monitoring, scheduling, correspondence, and office administration. (3) Submit monthly invoices with project status reports outlining the activities during that billing period to the Owner. (4) Attend internal Technical Review meetings with senior staff to ensure the project is being properly executed and to provide technical oversight for the project. (5) Make three presentations on findings and recommendations to the Council or senior management in PowerPoint format. (6) Engineer will perform QA/QC activities for all deliverables for this project. ii) Update to the ACR Implementation Plan (1) Hydraulic Modeling (a) Engineer will utilize GIS based hydraulic modeling software to perform a hydraulic analysis of the Corpus Christi water distribution system. (b) Engineer will update the model based on the changes made to the system since the last modeling effort. (c) Engineer will coordinate with Owner operations staff for system requirements and current system operations. (d) Scenarios run by the Engineer will include: Attachment A – Amendment # 1 Scope of Work Implementation of the Holly and Rang Morgan ESTs Page 2 of 11 (i) Analyze scenarios with two new ESTs (Holly and Rand Morgan). (ii) Analyze scenarios with four new ESTs (Nueces Bay and Flour Bluff). Validate the new tank locations and elevations. (iii) Develop recommended PRV settings and pump sizes for all four tanks. (iv) Analyze scenarios removing old ESTs from service. (v) Confirm all ACR requirements are met. (vi) Simulations to check water quality/age and compare to water age/ water quality parameters provide by the Owner. (vii) Extended period simulations to develop system operations recommendations. (e) The results of the hydraulic modeling effort will be summarized in the Update to the ACR Implementation Plan. (f) Engineer will provide design criteria of the PRV and by-pass pumps for the Nueces Bay and Flour Bluff ESTs to the design engineer associated with those tanks. (2) Develop the updated ACR Implementation Plan and Report (a) Provide background information regarding the current situation with the elevated water storage tanks. (b) Document the model development and modifications to the model since the original ACR letter (2012 letter to TCEQ). (c) Document the ACR requirements and the modeling results associated with the ACR requirements. (d) Update the implementation plan along with the schedule associated with the implementation plan. (3) Coordination with TCEQ (a) Engineer will coordinate with TCEQ concerning the updated ACR Implementation Plan. (b) Engineer will have the following calls/meetings with the TCEQ: (i) Preliminary meeting to document the process for which the update to the ACR Implementation Plan will occur. (ii) Coordination meeting to update TCEQ on the progress of the project. (iii) Meeting to discuss the findings of the modeling effort as they relate to the ACR requirements. (c) Presentation to the TCEQ summarizing the final update to the ACR Implementation Plan and schedule extension request. (4) Deliverables - Draft and Final ACR Implementation Plan iii) PRV/By-Pass Pump Design, Bid and Construction Phase Services (1) PRV and by-pass pump design will be only for the Holly and Rand Morgan ESTs. Similar improvements to the Nueces Bay and Flour Bluff ESTs will be by others. (2) 60% Design Phase (a) The design will include the following for the Holly and Rand Morgan ESTs: (i) Mechanical 1. Confirm space requirements to determine if recommended improvements will fit within the base of the new tanks (Holly and Rand Morgan). Attachment A – Amendment # 1 Scope of Work Implementation of the Holly and Rang Morgan ESTs Page 3 of 11 2. Based on the hydraulic model, Engineer will evaluate the size and type of pumps for filling the ESTs. 3. Engineer will coordinate with PRV suppliers to for valve sizing, controls and operation of the valve. 4. Provided necessary piping and valves for the pumps and PRVs. (ii) Structural 1. Utilize previous Geotechnical Reports for use in structural evaluations. 2. Evaluate existing EST slab to determine its capability of supporting new pumps. 3. Design a new pump foundation/pad to support the new pumps. (iii) Electrical 1. Engineer will coordinate with Electrical Provider to determine the electrical needs required for the new pumps. 2. Engineer will assist with negotiations of any electrical supply agreements, if needed. 3. Engineer will evaluate the types of electrical equipment required for the new pumps and valves. (iv) Instrumentation 1. PLC panel to control and monitor station pump equipment and field instruments and will communicate with OWNER’s SCADA system via their current network. If the existing tank PLC has sufficient spare I/O then the existing PLC will be utilized. 2. Each pump will be provided with a local panel for manual operation of each pump. 3. Develop proposed System Architecture. 4. Control narratives addressing process functions for all equipment to be monitored or controlled by SCADA. 5. A list in the specifications of the proposed I/O points inclusive of hard and virtual I/O points. (b) Engineer will prepare 60% engineering Construction Documents, for the OWNER’s review and comment, at a scale suitable for 11”x17” sheets. Electronic files in PDF format will be provided to OWNER. Engineer shall provide an electronic submittal in pdf format for both the drawings and specifications. Full size drawings will not be prepared for 60% design submittal. (c) The 60% design submittal will include the following: (i) Drawings, including: 1. Front End Sheets, 2. Major Plan Views (all disciplines), 3. Major Profile and Section Views (all disciplines), 4. One Line Diagrams, 5. PMID’s, 6. Limited Details. (ii) The following specifications will be included: 1. Table of Contents (TOC) of specifications to be the included in the Bid Documents, 2. Major Civil Pipeline, 3. Major Mechanical Equipment, 4. Major Electrical and Instrumentation Equipment, Attachment A – Amendment # 1 Scope of Work Implementation of the Holly and Rang Morgan ESTs Page 4 of 11 5. Mechanical and Instrumentation Control Narratives. (d) Perform internal peer and QA/QC review for all documents produced prior to submitting to the District. (e) Incorporate comments developed from peer and QA/QC review process. (f) Prepare 60% OPCC. (g) Deliverables - 60% Plans, Specifications, and OPCC. (3) 90% Design Phase (a) Meet with OWNER to address OWNER’s comments for the Project, based on review of the 60% Design submittal documents. (b) Engineer will prepare written response to the comments generated by OWNER. (c) Engineer will prepare 90% engineering Construction Documents, for the OWNER’s review and comment, at a scale suitable for 11”x17” sheets. Electronic files in PDF format will be provided to OWNER. Engineer shall provide an electronic submittal in pdf format for both the drawings and specifications. Full size drawings will not be prepared for 90% design submittal. (d) Perform internal peer and QA/QC review for all documents produced prior to submitting to OWNER. (e) Incorporate comments developed from peer and QA/QC review process. (f) Prepare 90% OPCC. (g) Deliverables – 90% Plans, Specifications, Written Response to Comments to 60% Comments, and OPCC. (4) Bid Documents (100%) (a) Meet with OWNER to address OWNER’s comments for the Project, based on review of the 90% Design submittal documents. (b) Engineer will prepare written response to the comments generated by OWNER. (c) Engineer will finalize and prepare engineering Construction Documents at a scale suitable for 11”x17” sheets. Electronic files in PDF format for bidding will be provided to OWNER. Engineer shall provide an electronic submittal in pdf format for both the drawings and specifications. Bid drawings will incorporate appropriate review comments from the 90% Design submitted to the Owner. (d) Finalize drawings. (e) Finalize specifications. (f) Assist with the development of the front-end documents including development of the bid items. (g) Finalize Opinion of Probable Construction Cost. (h) Perform internal peer and QA/QC review of Contract Documents prior to submitting to the District. (i) Incorporate comments generated from peer and QA/QC review process. (j) Engineer, on the behalf of OWNER, will submit the drawings and specifications to the TCEQ for their regulatory review. (k) Deliverables - Plans, Specifications and Front-End Documents suitable for bidding, OPCC. Attachment A – Amendment # 1 Scope of Work Implementation of the Holly and Rang Morgan ESTs Page 5 of 11 (l) Exclusions – Does not include scope to assist the Owner in obtaining alternative funding for this project. iv) Bid Phase Services (1) Attend Pre-Bid Conference. (2) Field all bidder questions as they relate to the project. Engineer will provide a compiled question and response log that will be included in each addendum. (3) Develop addenda content as necessary to clarify the intent of the Contract Documents and/or to handle other administrative matters. The Owner’s approval will be obtained prior to issuing any addenda items that affects the scope of the project or significantly alters the Project as approved by Owner. (a) (4) Attend and assist Owner as needed during Bid Opening. (5) Following the bid opening, Engineer will review statement of experience and provide recommendation, electronically. (6) Deliverables - Pre-Bid Meeting Minutes, Q&A Log, Addendum Content and Electronic Bid Recommendation. (7) The Owner will provide the following: (a) Advertise the Project for bidding, maintain the list of prospective bidders, issue any addenda, prepare bid tabulation and conduct the bid opening. (b) Coordinate the review of the bids with the A/E. (c) Prepare agenda materials for the City Council concerning bid awards. (d) Prepare, review and provide copies of the Contract for execution between the Owner and the Contractor. v) Construction Phase Services (1) Engineer will prepare Conformed Documents, after the bid opening, that incorporate any changes in the construction documents made by addenda. Engineer will provide electronic PDF sets of construction documents. (2) Attend and assist Owner in a Pre-Construction Conference. (3) Visit construction site during various stages of construction being performed to observe as an experienced and qualified design professional the progress and quality of the executed work by the Contractor(s) and to determine if such work is proceeding in general accordance with the Contract Documents. During such visits and on the basis of on-site observations the Engineer will notify Owner of reasonably detectable defects and deficiencies or work failing to conform to the Contract Documents. Engineer will not, during such visits or as a result of such observations of Contractor’s works in progress, supervise, direct, or have control over Contractor’s work, nor will Engineer have authority over responsibility for the means, methods, techniques, sequences, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor’s work, or for any failure of Contractor to comply with Laws and Regulations applicable to Contractor’s furnishing and performing the work. Accordingly, Engineer neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor’s failure to furnish and perform its work in accordance with Attachment A – Amendment # 1 Scope of Work Implementation of the Holly and Rang Morgan ESTs Page 6 of 11 Contract Documents. Fee includes eight (8) site visits in addition to the monthly construction meetings. (4) Attend monthly construction meetings scheduled by Owner. Engineer will attend up to 12 monthly construction meetings. (5) Review and make recommendations for shop drawings, product data, samples, and other submittals submitted by the Contractor. Fee includes the review of up to 35 submittals (25 initial submittals, and 10 resubmittals). (6) Provide answers on “Request for Information” (RFI’s) from the Contractor and Owner as related to clarification of the plans and specifications and/or to possible conflicts between the plans and specifications. Fee includes the review of up to 10 RFIs. (7) Review and make recommendations to Owner on change order request from the Contractor. Fee includes up to 5 individual change order items. (8) Conduct a walk-through with Owner and the Contractor to determine if the Project is substantially complete, and a final walk thru to determine if the work has been completed in accordance with the Contract Documents and if the Contractor has fulfilled all of his obligations there under so that Engineer may recommend, in writing, final payment to the Contractor and may give written notice to Owner and the Contractor that the work is acceptable, subject to any conditions therein expressed. It is assumed that there is one day for each site for each visit for a total of 2 walk- throughs. (9) Incorporate changes made during construction based on information received from the Construction Contractor into the Contract Documents and submit record drawings within thirty (30) days after receiving as-built information from the Contractor. Submit the following items to Owner: (a) One set of construction record drawings on 22”x34” bond paper. (b) Two sets of construction record drawings on 11”x17” bond paper (c) One set of construction record drawings in digital (AutoCAD) format, and in PDF. (10) Engineer will notify TCEQ upon completion of the construction. (11) Deliverables – Conformed Documents, Submittal Review Comments, Responses to RFI’s, and Record Drawings. (12) Exclusions (a) Scope does not include daily construction inspections or specialty inspections. (b) PLC and HMI programming services are not included in this scope. vi) Expanded Pipe Reinvestment Program (PgM) (1) Information Review. The purpose of this task is to refine the pipe reinvestment analysis that was presented in the first phase of this study and create a more well-defined overall program. The following information will be reviewed and used to develop the plan: (a) GIS Data for the distribution system. (b) Condition assessment projects that are underway or planned for the next 10 years. (c) Master planned projects to address growth that are underway or planned for the next 10 years. Attachment A – Amendment # 1 Scope of Work Implementation of the Holly and Rang Morgan ESTs Page 7 of 11 (d) Computerized Maintenance Management System (CMMS - Maximo System) output that shows main breaks and customer line breaks in GIS to assess pipe conditions. (e) Bid tabs for all pipeline replacement projects over the last 5 years. (2) Updated Reinvestment Estimate. (a) A unit costing table will be generated to use for all pipe sizes in the distribution system from 4 inch to 72 inch in size. All 3 inch and smaller piping will be replaced with 4” pipe. Basis for costs will be bid tabulations from the Owner’s projects, other bid prices from projects in Texas, manufacturers pipe costs, and standard cost estimating methods to develop cost for all sizes. Categories will be created to include trenchless, open cut with and without pavement replacement. (b) The main break information, together with pipe age and material characteristics will be utilized to verify the target replacement age for categories of pipes. These replacement age estimates, and construction costs will be utilized to update the reinvestment analysis values for broad budgeting purposes. (3) Deliverables - The following submittals will be made in the course of this task: (a) Summary of data analysis. (b) Summary of cost analysis and final proposed pipe estimates. (c) Summary of pipe condition evaluation and replacement cycle (d) Update of the reinvestment analysis. 3) Special Services i) Fee is based on easements on at the Rand Morgan EST. Since the Holly EST site is a former pump station site it is assumed the electrical infrastructure will be adequate to service the new pumps. ii) Easement Legal Description and Exhibit Preparation (1) Provide Easement Legal Descriptions and Exhibits for the proposed Electrical provider transformer yard and primary feed circuits. (2) Perform survey, render field notes and prepare individual parcel exhibits for new additional rights-of-way and/or easements needed for the project. Exhibits shall include a standard signed and sealed exhibit and a reprint of the boundary information on color aerial photography. (3) Parcel Exhibits - Individual parcel exhibits shall be sealed, signed and dated by a Registered Professional Land Surveyor and shall contain the following: (a) Parcel number, (b) Area required, (c) Area remaining, (d) Legal description, (e) Current owner, (f) Any existing platted easements or easements filed by separate instrument including easements provided by utility companies, (g) Any physical features, (h) Metes and bounds descriptions of parcel to be acquired. The description shall be provided on a separate sheet from the exhibit. Each type of easement shall be described separately. If additional parcels are Attachment A – Amendment # 1 Scope of Work Implementation of the Holly and Rang Morgan ESTs Page 8 of 11 determined to be acquired, then a supplemental adjustment shall be made to the schedule of fees. (4) Deliverables - parcel exhibits shall be in both hard copy (8½" x 11") and pdf format. 4) Additional Services i) Expanded Pipe Reinvestment Program (1) Information Review. The purpose of this task is to create a more well- defined overall program. The following information will be reviewed and used to develop the plan: (a) Maps of the collection system where sewer pipelines will be replaced over the next 10 years. (b) TXDOT or Owner’s street widening program maps and schedule for the next 10 years. (c) City of Corpus Christi pavement and storm drainage replacement programs for the next 10 years. (2) Develop the 10-year Pipe Replacement Program. Using the information obtained from the Owner to develop a line by line pipe replacement program designed to bring the program current and to a maintainable pipe replacement program. The following information will be coordinated to create a CIP plan: (a) Street replacements and widening, pipelines upsized for growth, and wastewater line replacements (for growth and condition) will be evaluated with an attempt to coordinate concurrent construction of pipe replacements with other similar or related projects to minimize the cost of repaving, possible later relocation of new assets, and disruptions to traffic and general public. (b) Water pipelines determined to be replaced in the 10-year catchup program will mapped and compared to the locations of the other projects. The pipeline replacement projects in this time period will be scheduled (within the 10-year period) to coordinate and potentially be combined with other projects. (c) Replacement projects will also be coordinated and scheduled as follows: (i) Nearby segments will be combined to create contiguous segments. (ii) Groups of projects in nearby proximity will be combined to create a larger project. (iii) The dollar value of the projects will be coordinated with the owner to create projects that will encourage competitive bidding. The number of projects created will influenced also by the Owner’s ability to administer and inspect the projects. (iv) Yearly investment levels will be balanced to create a more even spending program. (d) The final pipeline replacement program will consist of: (i) Overall color-coded program map. (ii) Annual detailed replacement map indicating coordinating projects. (iii) Unit price cost estimates by projects, by investment year. Attachment A – Amendment # 1 Scope of Work Implementation of the Holly and Rang Morgan ESTs Page 9 of 11 (iv) Narrative to describe the approach and rational for the development of the plane. (3) Deliverables - The following submittals will be made in the course of this task: (a) Analysis of project coordination requirements. (b) Pipe replacement Program for 10 years: (i) Draft (ii) Final ii) Long Term Planning to 2035 (1) Data Collection (a) Meet with Corpus Christi to hold a kickoff meeting/workshop. The information below will be in addition to data already received from the prior and current effort related to implementing the Holly and Rand Morgan ESTs. Receive copies of as-built drawings, video inspections, utility data map sets from existing geographical information system (GIS), and other records useful to the understanding of the City’s water system, including: (i) As-built drawings (ii) GIS base map files that include: 1. Pipe size, material, and installation date 2. Fire hydrants 3. Water valves (iii) Storage tank information, including capacity, location, availability, dimensions, water surface elevations, and system connections (iv) Pressure reducing valve station information (v) Source turn-out information (vi) Booster pump station information, including design and operating features, capacity, system head, elevation, and related features (vii) Historic SCADA data (viii) O&M records for leaks, repairs, and replacements (2) Population and Water Demand Projections (a) Growth projections will utilize data from the Owner’s planning group, county growth projections, and state level growth data to determine the amount and location of growth within the Owner’s water service boundary. Any additional information from the City staff regarding industrial, commercial, and residential developments that may have any bearing on the projections will be integrated. The growth projections will include an outlook to the year 2035. (b) Create demand scenarios at 5-year increments to correspond to the population growth for use in the model runs to evaluate existing system capacity and provide for future customers. (3) Hydraulic Modeling (a) Engineer will update the model as necessary to accommodate the projected future growth. (b) Performance Criteria – Provide the appropriate performance criteria and methodologies for analysis used to evaluate the existing distribution system and its facilities, and to size future improvements. (i) Minimum pressure for Peak Hour Demand, Maximum Day plus Fire Flow Attachment A – Amendment # 1 Scope of Work Implementation of the Holly and Rang Morgan ESTs Page 10 of 11 (ii) Storage capacity evaluation (operational, firefighting, and emergency) in accordance with TCEQ and AWWA guidelines. (iii) Maximum system pressure (iv) Firm pumping capacity (v) Planning level required fire flow per land use type (vi) System reliability (4) Develop CIP (a) Identify improvements necessary to address new facilities required for providing continued reliable water service through year 2035. Provide phasing of improvements, capital cost requirements, cost estimates which incorporate the consumer price index (CPI), and implementation schedule. The 15-year plan will be divided into three 5-year CIP programs. (5) Deliverables - Draft and Final Report 5) Compensation Basic Services 1) Project Management $30,727 2) Update ACR Plan $ 99,409 a. Modeling $69,106 b. Develop the ACR Report $16,953 c. Coordinate with TCEQ $13,350 3) PRV/Pump Design $ 180,077 a. Design $118,636 b. Bid $4,702 c. Construction $56,739 4) Pipe Reinvestment PgM 60,600 a. Information Review $24,659 b. Update Reinvestment Cost Estimate $35,942 Basic Services Total $ 370,813 Special Services 1) Easement Survey $12,584 Special Services Total $12,584 Additional Services 1) Pipe Reinvestment Additional Tasks TBD 2) 2035 Long Range Planning TBD Additional Services Total TBD Amendment 1 Total $ 383,397 Attachment A – Amendment # 1 Scope of Work Implementation of the Holly and Rang Morgan ESTs Page 11 of 11 6) Schedule Date Activity NTP Update to the ACR Implementation Plan 12 Weeks from NTP Modeling 16 Weeks from NTP Update Implementation Plan PRV and By-Pass Pump Design 16 Weeks from NTP 60% Design 19 Weeks from NTP City Review 27 Weeks from NTP 90% Design 30 Weeks from NTP City Review 34 Weeks from NTP Final Bid Set 36 Weeks from NTP Advertise for Bids 38 Weeks from NTP Pre-Bid Conference 40 Weeks from NTP Receive Bids 47 Weeks from NTP Contract Award 52 Weeks from NTP Construction NTP TBD Construction Complete Expanded Pipe Reinvestment PgM 12 Weeks from NTP Information Review 24 Weeks from NTP Updated Reinvestment Estimate Client: City of Corpus ChristiProject: Implementation of Holly and Rand Morgan ESTDate: September 3, 2020ESTIMATE FOR SCOPE OF SERVICESPrincipalProject ManagerSr. EngineerProject Engineer EIT CADD Tech ClericalTASKTOTAL LABORFEE302$ 196$ 229$ 146$ 121$ 119$ 65$ Hours CostPrinting Mileage OtherBasic ServicesProject ManagementMonthly Meetings (12) 0 24 24 0 24 0 0 72 13,097$ 131$ 131$ 262$ 13,621$ Project Monitoring 0 48 0 0 0 0 0 48 9,415$ 94$ 94$ 188$ 9,792$ Invoicing (24 months) 0 24 0 0 0 0 36 60 7,033$ 70$ 70$ 141$ 7,314$ Total Hours0 96 24 0 24 0 36 180Total Cost$0 $18,830 $5,492 $0 $2,897 $0 $2,326 $29,545Total Task Fee = 30,727$ Update the ACR Implementation PlanHydraulic ModelingUpdate model for proposed conditions 0 32 0 0 0 0 0 32 6,277$ 63$ 63$ 126$ 6,528$ Analyze scenarios with two new ESTs 0 40 0 0 0 0 0 40 7,846$ 78$ 78$ 157$ 8,160$ Analyze scenarios with four new ESTs 0 40 0 0 0 0 0 40 7,846$ 78$ 78$ 157$ 8,160$ Develop recommended PRV settings 0 24 0 0 0 0 0 24 4,708$ 47$ 47$ 94$ 4,896$ Analyze scenarios removing old ESTs from service 0 32 0 0 0 0 0 32 6,277$ 63$ 63$ 126$ 6,528$ Simulations to check water quality/age 0 24 0 0 0 0 0 24 4,708$ 47$ 47$ 94$ 4,896$ Ensure all ACR requirements are met 0 100 0 0 24 0 0 124 22,511$ 225$ 225$ 450$ 23,412$ EPS simulations for system operations recommendations 0 32 0 0 0 0 0 32 6,277$ 63$ 63$ 126$ 6,528$ Write the ACR ReportBackground Information 0 2 0 0 12 0 4 18 2,100$ 21$ 21$ 42$ 2,184$ Document model development 0 8 0 0 16 0 12 36 4,276$ 43$ 43$ 86$ 4,447$ Document ACR modeling results 0 32 0 0 0 0 16 48 7,310$ 73$ 73$ 146$ 7,603$ Update Implementation plan and schedule 0 2 0 0 12 0 12 26 2,616$ 26$ 26$ 52$ 2,721$ Coordinate with TCEQMeetings (3) 12 12 0 0 12 0 0 36 7,431$ 74$ 74$ 149$ 7,728$ Written Correspondence 2 2 0 0 12 0 0 16 2,445$ 24$ 24$ 49$ 2,543$ Presentation 4 4 0 0 8 0 0 16 2,960$ 30$ 30$ 59$ 3,078$ Total Hours18 386 0 0 96 0 44 544Total Cost$5,443 $75,712 $0 $0 $11,587 $0 $2,843 $95,586Total Task Fee = 99,409$ POSITION TASKTotal ProjectExpensesPage 1 of 4 Client: City of Corpus ChristiProject: Implementation of Holly and Rand Morgan ESTDate: September 3, 2020ESTIMATE FOR SCOPE OF SERVICESPrincipalProject ManagerSr. EngineerProject Engineer EIT CADD Tech ClericalTASKTOTAL LABORFEE302$ 196$ 229$ 146$ 121$ 119$ 65$ Hours CostPrinting Mileage OtherPOSITION TASKTotal ProjectExpensesDesign PRV/By-Pass PumpDesignFront End Specs 0 4 0 0 16 0 8 28 3,233$ 32$ 32$ 65$ 3,363$ Structural Specs 0 2 0 0 16 0 8 26 2,840$ 28$ 28$ 57$ 2,954$ Mechanical Specs 0 4 0 0 22 0 8 34 3,957$ 40$ 40$ 79$ 4,115$ Electrical Specs 0 4 0 0 18 0 8 30 3,474$ 35$ 35$ 69$ 3,613$ I&C Specs 0 4 0 0 18 0 8 30 3,474$ 35$ 35$ 69$ 3,613$ Front End Sheets (6 sheets) 0 2 0 0 16 20 0 38 4,703$ 47$ 47$ 94$ 4,892$ Structural Plans (2 sheets) 0 2 0 0 18 20 0 40 4,945$ 49$ 49$ 99$ 5,143$ Structural Sections (2 sheets) 0 2 0 0 18 20 0 40 4,945$ 49$ 49$ 99$ 5,143$ Structural Details (2 sheets) 0 2 0 0 12 16 0 30 3,745$ 37$ 37$ 75$ 3,894$ Meter Vault PMID (2 sheets) 0 2 0 0 24 30 0 56 6,859$ 69$ 69$ 137$ 7,133$ Mechanical Plan (2 sheets) 0 2 0 0 24 30 0 56 6,859$ 69$ 69$ 137$ 7,133$ Mechanical Section (2 sheets) 0 2 0 0 24 30 0 56 6,859$ 69$ 69$ 137$ 7,133$ Mechanical Details (2 sheets) 0 2 0 0 12 16 0 30 3,745$ 37$ 37$ 75$ 3,894$ Electrical One-line (2 sheets) 0 2 0 0 24 30 0 56 6,859$ 69$ 69$ 137$ 7,133$ Electrical Power Plan (2 sheets) 0 2 0 0 24 30 0 56 6,859$ 69$ 69$ 137$ 7,133$ Electrical Panel Schedules and Details (2 sheets) 0 2 0 0 12 16 0 30 3,745$ 37$ 37$ 75$ 3,894$ SCADA One-line Diagram (2 sheets) 0 2 0 0 24 30 0 56 6,859$ 69$ 69$ 137$ 7,133$ Loop Diagrams (2 sheets) 0 2 0 0 24 30 0 56 6,859$ 69$ 69$ 137$ 7,133$ 60% QA/QC Review 0 6 6 0 0 0 0 12 2,550$ 26$ 26$ 51$ 2,652$ Incorporate Comments 0 0 0 0 4 6 4 14 1,455$ 15$ 15$ 29$ 1,513$ 90% QA/QC Review 0 6 6 0 0 0 0 12 2,550$ 26$ 26$ 51$ 2,652$ Incorporate Comments 0 0 0 0 4 6 4 14 1,455$ 15$ 15$ 29$ 1,513$ 100% QA/QC Review 0 6 6 0 0 0 0 12 2,550$ 26$ 26$ 51$ 2,652$ Incorporate Comments 0 0 0 0 4 6 4 14 1,455$ 15$ 15$ 29$ 1,513$ 60% Class 2 OPCC 0 1 0 0 12 0 0 13 1,645$ 16$ 16$ 33$ 1,710$ 90% Class 1 OPCC 0 1 0 0 8 0 0 9 1,162$ 12$ 12$ 23$ 1,208$ Final OPCC 0 1 0 0 4 0 0 5 679$ 7$ 7$ 14$ 706$ Page 2 of 4 Client: City of Corpus ChristiProject: Implementation of Holly and Rand Morgan ESTDate: September 3, 2020ESTIMATE FOR SCOPE OF SERVICESPrincipalProject ManagerSr. EngineerProject Engineer EIT CADD Tech ClericalTASKTOTAL LABORFEE302$ 196$ 229$ 146$ 121$ 119$ 65$ Hours CostPrinting Mileage OtherPOSITION TASKTotal ProjectExpenses 60% Review Workshop 0 4 4 0 4 0 0 12 2,183$ 22$ 22$ 44$ 2,270$ Incorporate Owner Comments 0 0 0 0 4 8 4 16 1,693$ 17$ 17$ 34$ 1,761$ 90% Review Workshop 0 4 4 0 4 0 0 12 2,183$ 22$ 22$ 44$ 2,270$ Incorporate Owner Comments 0 0 0 0 4 8 4 16 1,694$ 17$ 17$ 34$ 1,762$ BidPre-Bid Conference & Preparation 0 2 0 0 2 0 0 4 634$ 6$ 6$ 13$ 659$ Answer Bidder Questions 0 2 0 0 8 0 0 10 1,358$ 14$ 14$ 27$ 1,412$ Develop Addendum Content 0 2 0 0 8 4 4 18 2,092$ 21$ 21$ 42$ 2,176$ Recommendation 0 1 0 0 2 0 0 3 438$ 4$ 4$ 9$ 455$ ConstructionPreconstruction Meeting & Preparation 0 2 2 0 0 0 0 4 850$ 9$ 9$ 17$ 884$ Monthly Construction Meetings (12, 4hrs/ea) 0 0 48 0 24 0 0 72 13,882$ 139$ 139$ 278$ 14,437$ Meeting Minutes 0 0 6 0 12 0 0 18 2,822$ 28$ 28$ 56$ 2,934$ Other Meetings/Site Visits (4, 4hrs/ea) 0 0 16 0 8 0 0 24 4,627$ 46$ 46$ 93$ 4,812$ Submittals/O&Ms/Test Reports Handling (35@1hrs) 0 0 0 0 0 0 35 35 2,261$ 23$ 23$ 45$ 2,351$ Submittals/O&Ms/Test Reports Review (35@4hrs) 0 0 35 0 105 0 0 140 20,683$ 207$ 207$ 414$ 21,511$ RFI handling (10@1hrs) 0 0 0 0 0 0 10 10 646$ 6$ 6$ 13$ 672$ RFI's (10@4hrs) 0 0 10 0 30 0 0 40 5,910$ 59$ 59$ 118$ 6,146$ Review as-built drawings from Contractor 0 0 0 0 4 0 0 4 483$ 5$ 5$ 10$ 502$ Record Drawings 0 0 0 0 4 12 0 16 1,911$ 19$ 19$ 38$ 1,987$ QA/QC Record Dwgs 0 0 0 0 4 0 0 4 483$ 5$ 5$ 10$ 502$ Total Hours0 82 143 0 609 368 109 1311Total Cost$0 $16,084 $32,726 $0 $73,506 $43,792 $7,043 $173,151Total Task Fee = 180,077$ Page 3 of 4 Client: City of Corpus ChristiProject: Implementation of Holly and Rand Morgan ESTDate: September 3, 2020ESTIMATE FOR SCOPE OF SERVICESPrincipalProject ManagerSr. EngineerProject Engineer EIT CADD Tech ClericalTASKTOTAL LABORFEE302$ 196$ 229$ 146$ 121$ 119$ 65$ Hours CostPrinting Mileage OtherPOSITION TASKTotal ProjectExpensesExpanded Pipe Reinvestment ProgramReview Previous ReportsReview Previous Reports/Data 1 8 4 24 32 2 2 73 10,525$ 105$ 105$ 211$ 10,946$ Summarize and quantify data 2 2 2 40 24 24 2 96 13,185$ 132$ 132$ 264$ 13,712$ Update Reinvestment AnalysisDevelop Pipe Costing Summary 1 4 8 32 40 0 0 85 12,424$ 124$ 124$ 248$ 12,921$ Evaluate Pipeline Condition and Replacement Age 1 8 4 40 40 16 0 109 15,367$ 154$ 154$ 307$ 15,982$ Update Reinvestment Analysis 2 6 2 16 16 0 4 46 6,768$ 68$ 68$ 135$ 7,039$ Total Hours7 28 20 152 152 42 8 409Total Cost$2,117 $5,492 $4,577 $22,222 $18,346 $4,998 $517 $58,270Total Task Fee = 60,600$ Basic Services Total Fee = 370,813$ Special ServicesEasement SurveyEstablish Control 0 2 5 10 0 0 0 17 2,300$ 23$ 23$ 46$ 2,392$ Field Survey 0 8 15 30 0 0 0 53 7,200$ 72$ 72$ 144$ 7,488$ Process Data 0 2 4 0 0 0 0 6 700$ 7$ 7$ 14$ 728$ Prepare Exhibits 0 2 16 0 0 0 0 18 1,900$ 19$ 19$ 38$ 1,976$ Total Hours0 14 40 40 0 0 0 94Total Cost$0 $2,100 $4,000 $6,000 $0 $0 $0 $12,100Total Task Fee = 12,584$ Special Services Total Fee = 12,584$ Page 4 of 4 DATE: August 11, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 CAPTION: Zoning Case No. 0820-01, High Tide Partnership, Ltd. (District 4). Ordinance rezoning property at or near 10582 State Highway 361 from the “FR” Farm Rural District to the “CR-2” Resort Commercial District. SUMMARY: The purpose of the zoning request is to allow for the construction of a potential multifamily development and/or boat storage facility. BACKGROUND AND FINDINGS: The subject property is 5.80 acres in size. The subject property is currently zoned “FR” Farm Rural District and consists of vacant property. The property was annexed in 1999. Conformity to City Policy The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for a Planned Development and Flood Plain Conservation use. The proposed rezoning to the “CR-2” Resort Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). The “CR-2” Resort Commercial District is the appropriate zoning district for the proposed use. Approximately, 1,000 feet to the south along State Highway 361, a property was zoned “CR-2” District in 2009. The majority of the property is located in an “AE” flood zone indicating high risk and has a base flood elevation of 10-feet. Public Input Process Number of Notices Mailed 2 within 200-foot notification area 5 outside notification area As of July 31, 2020: In Favor 0 inside notification area In Opposition 0 inside notification area Rezoning a property at or near 10582 State Highway 361 AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting 09/22/20 Second Reading Ordinance for the City Council Meeting 09/29/20 0 outside notification area 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Commission Recommendation Planning Commission recommended approval of the change of zoning from the “FR” Farm Rural District to the “CR-2” Resort Commercial District on August 5, 2020. ALTERNATIVES: 1. Approval of the change of zoning from the “FR” Farm Rural District to the “CR-2” Resort Commercial District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the zoning request. Planning Commission recommended approval of the change of zoning from the “FR” Farm Rural District to the “CR-2” Resort Commercial District with following vote count. Vote Count: For: 9 Opposed: 0 Absent: 0 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0820-01, High Tide Partnership, Ltd. (District 4). Ordinance rezoning property at or near 10582 State Highway 361 from the “FR” Farm Rural District to the “CR-2” Resort Commercial District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi’s Unified Development Code (“UDC”) and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code (“UDC”) and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as being 5.802 acre tract of land out of Survey 605, Land Survey 205 on Mustang Island, same being the property as conveyed and described in Volume 2211, pages 175-177 of the deed records of Nueces County, Texas as shown in Exhibit “A”: from the “FR” Farm Rural District to the “CR-2” Resort Commercial District. The subject property is located at or near 10582 State Highway 361. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the Page 2 of 5 City’s Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 3 of 5 That the foregoing ordinance was read for the first time and passed to its second reading on this the _____ day of ___________, 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ That the foregoing ordinance was read for the second time and passed finally on this the _____ day of __________ 2020, by the following vote: Joe McComb ________________ Michael Hunter______________ Roland Barrera ________________ Ben Molina ______________ Rudy Garza ________________ Everett Roy ______________ Paulette M. Guajardo ________________ Greg Smith ______________ Gil Hernandez ________________ PASSED AND APPROVED on this the ______ day of _________________, 2020. ATTEST: _________________________ ________________________ Rebecca Huerta Joe McComb City Secretary Mayor Page 4 of 5 Exhibit A Page 5 of 5 PLANNING COMMISSION FINAL REPORT Case No. 0820-01 INFOR No. 20ZN1018 Planning Commission Hearing Date: August 5, 2020 Applicant & Legal Description Owner: High Tide Partnership, Ltd. Applicant: High Tide Partnership, Ltd. Location Address: 10582 State Highway 361 Legal Description: Being a 5.802 acre tract of land out of Survey 605, Land Survey 205 on Mustang Island, same being the property as conveyed and described in Volume 2211, pages 175-177 of the deed records of Nueces County, Texas, located along the west side of State Highway 361, north of Zahn Road, and south of Newport Pass Road). Zoning Request From: “FR” Farm Rural District To: “CR-2” Resort Commercial District Area: 5.80 acres Purpose of Request: To allow for the construction of a potential multifamily development and/or boat storage facility. Existing Zoning and Land Uses Existing Zoning District Existing Land Use Future Land Use Site “FR” Farm Rural Vacant Planned Development and Flood Plain Conservation North “RS-6” Single-Family 6 Park Permanent Open Space South “FR” Farm Rural and “RE” Estate Residential Vacant and Public / Semi-Public Planned Development and Flood Plain Conservation East “RS-6” Single-Family 6 Park Permanent Open Space West “FR” Farm Rural Water Water ADP, Map & Violations Area Development Plan: The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for a Planned Development and Flood Plain Conservation use. The proposed rezoning to the “CR-2” Resort Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). Map No.: 027029 City Council District: 4 Zoning Violations: None Staff Report Page 2 Transportation Transportation and Circulation: The subject property has approximately 200 feet of street frontage along State Highway 361 which is designated as a “RA3” Primary Rural Arterial Street. Street R.O.W. Street Urban Transportation Plan Type Proposed Section Existing Section Traffic Volume State Highway 361 “RA3” Primary Rural Arterial 250’ ROW 76’ paved 225’ ROW 74’ paved N/A Staff Summary: Requested Zoning: The applicant is requesting a rezoning from the “FR” Farm Rural District to the “CR-2” Resort Commercial District to allow for the construction of a potential multifamily development and/or boat storage facility. Development Plan: The subject property is 5.80 acres in size. The proposed use is a potential multifamily development and/or boat storage facility. Existing Land Uses & Zoning: The subject property is currently zoned “FR” Farm Rural District and consists of vacant property. The property was annexed in 1999. To the north and west is Mustang Island State Park zoned “RS-6” Single-Family 6 District. To the south are vacant properties zoned “FR” Farm Rural District and Island in the Sun Methodist Church zoned “RE” Estate Residential District. To the east is the Laguna Madre lagoon and estuary. AICUZ: The subject property is not located in one of the Navy’s Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is not platted. Utilities: Water: 20-inch ACP line located along State Highway 361. Wastewater: Service is not available. The closest available wastewater line is approximately 9,000 feet to the south. Gas: Not Available Storm Water: Roadside ditches located along State Highway 361. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Mustang/Padre Island Area Development Plan and is planned for a Planned Development and Flood Plain Conservation use. The proposed rezoning to the “CR-2” Resort Commercial District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: Staff Report Page 3 • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage convenient access from medium-density residential development to arterial roads. (Future Land Use, Zoning, and Urban Design Policy Statement 4). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the surrounding uses, and does not have a negative impact upon adjacent properties. • The “CR-2” Resort Commercial District is the appropriate zoning district for the proposed use. Approximately, 1,000 feet to the south along State Highway 361, a property was zoned “CR-2” District in 2009. • The majority of the property is located in an “AE” flood zone indicating high risk and has a base flood elevation of 10-feet. Planning Commission and Staff Recommendation (August 5, 2020): Approval of the change of zoning from the “FR” Farm Rural District to the “CR-2” Resort Commercial District. Public Notification Number of Notices Mailed – 2 within 200-foot notification area 5 outside notification area As of July 31, 2020: In Favor – 0 inside notification area – 0 outside notification area In Opposition – 0 inside notification area – 0 outside notification area Totaling 0.00% of the land within the 200-foot notification area in opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Public Comments Received (if any) https://corpuschristi.sharepoint.com/sites/DevelopmentServices/DevelopmentSvcs/SHARED/ZONING CASES/2020/0820-01 High Tide Partnership, Ltd/PC Documents/PC Report - High Tide Partnership, Ltd.docx Staff Report Page 4 High Tide Partnership. Ltd. Rezoning for a Property at 10582 state Highway 361 From “FR” To “CR-2” Zoning Case #0820-01 N City Council September 22, 2020 2 Aerial Overview 3 Zoning Pattern 4 Planning Commission and Staff Recommendation Approval of the “CR-2” Resort Commercial District 5 UDC Requirements Buffer Yards: CR-2 to RS-6: N/A CR-2 to FR: N/A Setbacks: Street: 20 feet Side & Rear: 10 feet Parking: Car Wash: 2 per bay Landscaping, Screening, and Lighting Standards Uses Allowed: Retail, Offices, Vehicle Sales, Bars, Car Washes, and Storage. 6 Utilities Water: 20-inch ACP Wastewater: N/A Gas: N/A Storm Water: Roadside Drainage 7 Public Notification 2 Notices mailed inside 200’ buffer 5 Notices mailed outside 200’ buffer Notification Area Opposed: 0 (0.00%) In Favor: 0 DATE: August 24, 2020 TO: Peter Zazoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy in an amount of $144,621.00, for the FY2019 High Intensity Drug Trafficking Area Initiative to fund salary and benefits for one civilian employee and overtime for four sworn officers; and appropriating $144,621.00 in the Police Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a grant and appropriation of funds from the Office of National Drug Control Policy to be used for salary and benefits of one civilian employee and overtime for four sworn officers, and lease payments on four unmarked vehicles for the FY2019 High Intensity Drug Trafficking Area Initiative. BACKGROUND AND FINDINGS: The Corpus Christi Police Department (CCPD) is in the 23rd year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant provides funding for the salary and benefits of one administrative assistant, and overtime for four Corpus Christi Police Officers, and four lease payments on unmarked vehicles. The initiative focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities. This area is also a known location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating in the program are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and Accepting and Appropriating the FY2019 HIDTA Grant Award for the Police Department AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 22, 2020 Second Reading Ordinance for the City Council Meeting of September 29, 2020 disruption of narcotics trafficking organizations operating in Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria counties. With the available funding, CCPD anticipates shipments of narcotics through this area will be intercepted and long entrenched families of narcotics traffickers will be apprehended. The potential profits from the sales of narcotics are identified and the product seized. The intelligence gathered will be uploaded to a criminal database and shared with other Drug Trafficking Initiatives across the country. This grant award is for activities conducted during January 01, 2019 – December 31, 2020. The City is not required to match funding. ALTERNATIVES: None FISCAL IMPACT: The fiscal impact in FY 2020 is the acceptance of grant funds in an amount of $144,621.00 and appropriating $144,621.00 to the Police Grants Fund. There is no required match funding. Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: Project: Account: 510100 Salaries 511000 Retirement 510200 Overtime 530160 Rentals RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy in an amount of $144,621 for the FY2019 High Intensity Drug Trafficking Area Initiative; and appropriating $144,621 in the Police Grants Fund for one civilian employee and overtime for four sworn officers. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant from the Executive Office of the President, Office of National Drug Control Policy in an amount of $144,621 for the FY2019 High Intensity Drug Trafficking Area Initiative to support the Police Department’s role in the Texas Coastal Corridor Initiative in the FY 2019 Houston High Intensity Drug Trafficking Area (HIDTA) for the salary and benefits of one civilian employee and overtime for four Corpus Christi Police Officers. SECTION 2. That $144,621 is appropriated in the No. 1061 Police Grants Fund from the Officer of the President, Officer of National Drug Control Policy for funding the Police Department’s role in the Texas Coastal Corridor Initiative in the FY 2019 HIDTA for the salary and benefits of one civilian employee and overtime for four Corpus Christi Police Officers. 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 L. Huerta Joe McComb City Secretary Mayor DATE: August 24, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com 886-2603 CAPTION: Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy, in an amount of $89,480.00 for the FY2020 High Intensity Drug Trafficking Area Initiative to fund overtime for four sworn officers; and appropriating $89,480.00 in the Police Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a grant and appropriation of funds from the Office of National Drug Control Policy to be used for overtime for four sworn officers and lease payments on four unmarked vehicles. BACKGROUND AND FINDINGS: The Corpus Christi Police Department (CCPD) is in the 24th year as a participant in the Texas Coastal Corridor High Intensity Drug Trafficking Area Initiative created by the Executive Office of the President, Office of National Drug Control Policy. The grant funds provide for overtime for four Corpus Christi Police Officers and four lease payments on unmarked vehicles. The initiative focuses on this specific geographic area because it serves as a conduit for narcotics into Corpus Christi and other metropolitan cities. This area is also a known location for money launderers to conduct illegitimate businesses with a consumer base that affects the local population with residual crime. Other agencies participating in the program are the Nueces County Sheriff, Texas Department of Public Safety, Drug Enforcement Administration, Internal Revenue Service, U. S. Customs, and the Bureau of Alcohol, Tobacco, and Firearms. The initiative focuses on the identification and disruption of narcotics trafficking organizations operating in Aransas, San Patricio, Refugio, Nueces, Kleberg, Kenedy, Jim Wells, Brooks, and Victoria counties. With the available funding, CCPD anticipates shipments of narcotics through this area will be Accepting and Appropriating the FY2020 HIDTA Grant Award for the Police Department AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 22, 2020 Second Reading Ordinance for the City Council Meeting of September 29, 2020 intercepted and long entrenched families of narcotics traffickers will be apprehended. The potential profits from the sales of narcotics are identified and the product seized. The intelligence gathered will be uploaded to a criminal database and shared with other Drug Trafficking Initiatives across the country. For FY 2018, CCPD received an amount of $122,535.00 for the 22nd year of the HIDTA Grant. For FY 2019, there is an overlap in grant award with FY 2020 and therefore we were awarded more money in an amount of $144,621.00. In FY 2020, the grant award was reduced to $89,480.00 because the City is no longer responsible for salary and benefits of the civilian position. The civilian position was contracted to work for HIDTA and is no longer a City employee. This grant award is for activities conducted during January 01, 2020 – December 31, 2021. The City is not required to match funding. ALTERNATIVES: None FISCAL IMPACT: The fiscal impact in FY20 and FY21 is the acceptance of grant funds in an amount of $89,480.00 and appropriating $89,480.00 to the Police Grants Fund. There is no required match funding. Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: Project: Account: 510200 Overtime 530160 Rentals RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant award Ordinance authorizing acceptance of a grant from the Executive Office of the President, Office of National Drug Control Policy, in an amount of $89,480.00 for the FY2020 High Intensity Drug Trafficking Area Initiative; and appropriating $89,480.00 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant in the amount of $89,480 from the Office of the President, Office of National Drug Control Policy to support the Police Department’s role in the Texas Coastal Corridor Initiative in the FY 2020 Houston High Intensity Drug Trafficking Area (HIDTA) for overtime for four Corpus Christi Police Officers and four lease vehicles. SECTION 2. That $89,480 is appropriated in the No. 1061 Police Grants Fund from the Officer of the President, Officer of National Drug Control Policy for funding the Police Department’s role in the Texas Coastal Corridor Initiative in the FY 2020 HIDTA for overtime for four Corpus Christi Police Officers and four lease vehicles. 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 L. Huerta Joe McComb City Secretary Mayor DATE: August 28, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Business Analysis HeatherH3@cctexas.com (361) 826-3227 CAPTION: Ordinance amending Section 2 of Ordinance No. 031962 to revise an appropriation of funds in an amount of $22,892.91 from the General Fund to the Police Grants Fund. SUMMARY: On December 17, 2019, City Council voted to accept and appropriate funds from the Coastal Bend Wellness Foundation in an amount of $22,892.91. The agenda memorandum and ordinance from December 17, 2019 incorrectly listed the Police General Fund (Fund 1020) as the fund in which the funds would be appropriated to. The correct fund should have been the Police Grants Fund (Fund 1061). This agenda item is a housekeeping item to correct the funding. BACKGROUND AND FINDINGS: Ordinance No. 031962 was approved by City Council on December 17, 2019 to accept and appropriate funds from the Coastal Bend Wellness Foundation in an amount of $22,892.91 for the Red Cord Initiative Diversion Program into the General Fund. The funds should have been appropriated into the Police Grants Fund. This ordinance revises Ordinance No. 031962 that appropriated the funds into the General Fund and appropriates them into the Police Grants Fund. ALTERNATIVES: The alternative would be to leave the funds in the General Fund. However, for grant tracking and reporting purposes, all grant revenue and expenditures should be reported in a grant fund. FISCAL IMPACT The ordinance will correct the funding and appropriation from the original ordinance (#031962) for the Coastal Bend Wellness Foundation grant in an amount of $22,892.91 from the General Fund to the Police Grants Fund. Housekeeping Ordinance to Correct Funding for Police Grant AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting September 22, 2020 Second Reading Ordinance for the City Council Meeting of September 29, 2020 Funding Detail: Fund: 1061 Police Grants Fund Organization/Activity: 821605S Project # (CIP Only): Account: 510200 Overtime 511000 Retirement 520090 Minor Tools and Equipment RECOMMENDATION: Staff recommends approving the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Award Letter Ordinance amending Section 2 of Ordinance No. 031962 to revise an appropriation of funds in the amount of $22,892.91 from the General Fund to the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. Section 2. of Ordinance No. 031962, passed on December 17, 2019 is amended by revising the section to read as follows: “Section 2. That $22,892.91 is appropriated in the No. 1061 Police Grants Fund.” 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 L. Huerta Joe McComb City Secretary Mayor DATE: August 21, 2020 TO: Peter Zanoni, City Manager FROM: Fred Segundo, Director of Aviation FredS@cctexas.com (361) 289-0171 ext. 1213 CAPTION: Ordinance authorizing the City Manager to execute an amendment of the lease with Tailwind CRP, LLC, to provide space for the operation of a news and gift concession at Corpus Christi International Airport in exchange for payment of a percentage of gross sa les revenues or a minimum annual guarantee, whichever is greater; extending the lease expiration date to August 14, 2022; providing for publication; and providing for severance. SUMMARY: Amend agreement by assignment to Tailwind MC, LLC an additional of 999 sq. ft. of retail concessions space to the lease. BACKGROUND AND FINDINGS: On March 26, 2013, the City Council approved Ordinance No. 029776 authorizing a five-year lease agreement with Hudson for operation of a news and gift shop at Corpus Christi International Airport. Hudson’s lease expired on April 30, 2018 and went to a month to month agreement from May 1, 2018 to August 14, 2020. Hudson subsequently terminated their lease on July 20, 2020, and we accepted the termination agreement on August 10, 2020. On August 15, 2013, the City Council approved Ordinance No. 029899 authorizing Tailwind MC, LLC to operate the airport’s restaurant and coffee/snack bar on the concourse. This amendment will extend the current contract terms of Tailwind MC, LLC and add the news and gift shop space for 12 additional months. The terms and conditions remain unchanged at the greater of an annual minimum guarantee of $117,558 or a sum equal to ten percent (10%) of the Tailwind gross receipts, for a term of one (1) year. The current agreement expires August 15, 2021, and this extension will end all three leased spaces on August 15, 2022. We will RFP all three spaces together in early summer of 2021. ALTERNATIVES: RFP space separately - not desirable to have news and gift shop closed. Authorize the amendment of current lease agreement with Tailwind MC, LLC of Wilmington, NC to include approximately 999 square feet of retail, news and gift concessions vacated by Hudson Ltd. on August 21, 2020. AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting September 22, 2020 Second Reading Ordinance for the City Council Meeting September 29, 2020 FISCAL IMPACT: The terms and conditions remain unchanged at the greater of an annual minimum guarantee of $117,558 or a sum equal to ten percent (10%) of the Tailwind gross receipts, for a term of one (1) year. The current agreement expires August 15, 2021, and this extension will end all three leased spaces on August 15, 2022. This is a concession and lease agreement that will continue to provide revenue to the Airport on a monthly basis that’s both fair to the City and Concessionaire. Funding Detail: Fund: 4610 Airport Fund Organization/Activity: 35000 – Airport Administration Mission Element 888 Project # (CIP Only): N/A Account: 320340 - Restaurant Minimum Guarantee RECOMMENDATION: Staff requests approval of Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Amendment to Long Term Lease Agreement Ordinance authorizing the City Manager to execute an amendment of the lease with Tailwind CRP, LLC, to provide space for the operation of a news and gift concession at Corpus Christi International Airport in exchange for payment of a percentage of gross revenues or a minimum annual guarantee, whichever is greater; extending the lease expiration date to August 14, 2022; and providing for severance. WHEREAS, pursuant to Ordinance No. 025091, Host International, Inc., [predecessor-in-interest to World Duty Free Group (“WDFG”), now owned by Dufry AG and managed by The Hudson Group (“Hudson Group”), a wholly owned subsidiary of Dufry AG] entered into an eight-year lease agreement for use of space for a news and gift concession at the Corpus Christi International Airport, which lease commenced November 17, 2002; WHEREAS, subsequent lease amendments and extensions with WDFG continued the lease agreement through August 14, 2018, and which lease thereafter continued on a month-to-month basis until terminated by Hudson Group on July 14, 2020, with move-out occurring on August 21, 2020, and occupancy of the space terminating at midnight on September 14, 2020; and WHEREAS, Tailwind CRP, LLC (“Tailwind”), desires to execute an amendment to Tailwind’s existing lease in order to provide a news and gift concession in the space vacated by WDFG/Hudson Group and to extend their lease term until August 14, 2022. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council authorizes the City Manager, or his designee, to execute a lease amendment with Tailwind CRP, LLC (“Tailwind”), to include additional space at the Corpus Christi International Airport for the operation of a news and gift concession, with the lease payment based on either a percentage of gross revenues or a minimum annual guarantee, whichever is greater, as set out in Tailwind’s current lease. Furthermore, the term of the lease is extended through August 14, 2022. A copy of the lease amendment is attached to this ordinance as Exhibit A and incorporated by reference into this ordinance as if set out here in its entirety. 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. 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, this the ______ day of ___________, 20 20. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Page 1 of 2 FIRST AMENDMENT TO THE LEASE BETWEEN THE CITY AND TAILWIND CRP, LLC STATE OF TEXAS § § COUNTY OF NUECES § This first amendment (“First Amendment”) to the Airport Facilities Lease and Concession Lease (“Lease”) by and between the City of Corpus Christi (“City”) and Tailwind CRP, LLC (“Lessee”). WHEREAS, City and Lessee executed the Lease for the Lessee’s operation of a restaurant and a coffee shop concession (occupying two distinct spaces) at the Airport effective August 15, 2013, for a term of five years with one three-year renewal, with expiration of the Lease to occur August 14, 2021; and WHEREAS, City and Lessee desire to amend the Lease to include the operation of a news and gift shop concession by Lessee in additional leased space at the Airport. NOW, THEREFORE, in consideration of the mutual covenants contained in the Lease and this First Amendment, and subject to Lessee’s compliance with the terms and conditions expressed below, City and Lessee agree as follows: Section 1. The preamble provisions stated above are incorporated by reference into this First Amendment. All capitalized terms and phrases not defined in this First Amendment have the definitions stated in the Lease. Section 2. Lessee, by execution of this First Amendment, is granted by a non-exclusive news and gift shop retail concession to be conducted in 999 square feet of space located post-security (referred to as the “Gift Shop”) as shown in Exhibit A-1, which exhibit is attached to this First Amendment and incorporated by reference into the Lease and this First Amendment as if set out here in its entirety. The Lease term for the Gift Shop is effective on and after October 1, 2020. Section 3. Lessee shall provide, at Lessee’s sole cost and expense and subject to the Director of Aviation’s advance approval consistent with the language in the existing Lease, all necessary improvements, equipment, furniture, and trade fixtures to make the Gift Shop compatible with Lessee’s other leased space in the Terminal at the Airport. Section 4. Section 3.5 of the Lease is modified to add an additional indented paragraph to read as follows: “Gift Shop: open one hour prior to the first scheduled aircraft departure and remain open until the last scheduled aircraft departure” Section 5. Section 5.2.1 is added to the Lease to read as follows: “5.2.1. Notwithstanding the beginning date of the Lease and First Amendment and the term length of the renewal option that was exercised, the Lease terminates at midnight on September 30, 2021.” Section 6. Lessee shall remit a monthly Lease payment in accordance with Section 3.1.1. equal to 12% of the Gross Revenue derived by Lessee from the sale of all retail items in the Gift Shop. The Lease payment for the Gift Shop is in conjunction with the Lease payment due from Lessee of the greater of MAG or percentage of Gross Revenue for the Premises as stated in the Lease. Section 7. All other terms and conditions of the Lease not modified by this First Amendment remain in full force and effect. Page 2 of 2 EXECUTED IN TRIPLICATE ORIGINALS as of the dates set forth below: CITY OF CORPUS CHRISTI By: Name: Title: Date: Approved as to legal form: Elizabeth Hundley Assistant City Attorney on behalf of Miles Risley, City Attorney LESSEE/LESSEE: TAILWIND CRP, LLC By: Name: Title: Date: Attached and Incorporated: Exhibit A-1 Gift Shop Leased Space GIFT SHOP 999.00 SqF SECOND FLOOR PLAN THE SITE (Blow-Up Plan) EXHIBIT A-1 Open to Ground Floor Open to Ground Floor Elevator Lobby Escalators / Stairs TSA Checkpoint TSAEnt. H A L L TSAExit RESTO COFFEESHOP Escalators / Stairs 08-28-2020 DATE: August 18, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond III, AIA, CBO, Director, Development Services AlRaymond@cctexas.com (361) 826 - 3276 CAPTION: Ordinance authorizing an amendment to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend a Grid Main Line between CR-33 and FM-43; and appropriating $20,562.52 from the Water Arterial Transmission and Grid Main Trust Fund to reimburse developer. (District 3) SUMMARY: MPM Development, LP entered into a water arterial transmission and grid main reimbursement agreement to install a 16-inch and a 12-inch master planned grid main line to extend water service to a planned subdivision named Kings Landing. The developer has requested an amendment to the reimbursement agreement to request reimbursement for additional costs associated with the project. BACKGROUND AND FINDINGS: MPM Development, LP requested, and was approved for, a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement for the installation of 5665 linear feet of 16- inch and 376 linear feet of 12-inch master planned water grid main lines. The approved reimbursement amount for the agreement is $154,126.23 under Ordinance 032145 dated 06/23/2020. The developer submitted an amendment request to the water arterial transmission and grid main construction and reimbursement agreement for the additional expense associated with obtaining a performance bond for the project. During the process of acquiring the performance bond for the project, the applicant became aware that there was not enough money authorized in the agreement to cover the cost of Amend Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP to increase the total reimbursement amount in the agreement by $20,562.52 AGENDA MEMORANDUM First Reading Ordinance for September 22, 2020 Second Reading Ordinance for September 29, 2020 construction and the cost of the performance bond. As a result, the applicant has submitted a request for an additional $20,562.52 for this project. City Council gave direction to staff at the August 13, 2019 meeting to reexamine the trust funds and to provide recommendations on policies that govern the priority, order, reimbursement rate and fees charged by the trust funds. City Council requested staff return within 75 days and present their recommendations. Staff conducted detailed research into the trust funds and briefed Council on their background, history and their current operational status as well as briefed Council on the update to the 2019 Alternative Utility Financing Study which ultimately recommended transitioning from trust funds to impact fees. Staff worked with Contracts and Procurement to issue an RFQ to provide Master Plans for the City’s water, wastewater, stormwater and roadway infrastructure and to provide an Impact Fee Study. Once evaluations and interviews are completed, the RFQ should be placed on the City Council Agenda for consideration in late July or early August 2020. ALTERNATIVES: Deny the request and have the developer pay for the performance bond. The applicant submitted their estimated costs for the project and had an opportunity to review the agreement and reimbursement amount, prior to signature, to ensure the submitted costs and reimbursement amount was sufficient. However, this oversite was not realized until the City requested the developer to provide proof of bond per the terms of the agreement. FISCAL IMPACT: If approved, the additional funds requested would be added to the current purchase order (PO) associated with the agreement and would be a debt against the Water Arterial Transmission and Grid Main Trust Fund. The encumbered funds for this project would increase by $20,562.52 and would raise the total reimbursable amount in the agreement to $174,688.75. $154,126.23 is encumbered in the Water Arterial Transmission and Grid Main Fund for this agreement. Currently there are enough funds is the Water Arterial Transmission and Grid Main Trust Fund to cover this additional funding request. FUNDING DETAIL: Fund: 4030 Water Arterial Transmission and Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff Recommends approval of the amendment request for this reimbursement agreement. The developer is seeking reimbursement for the additional expense associated with the performance bond requirement per the terms of the agreement. These costs for securing the performance bond are reimbursable under UDC section 8.5.1 as costs associated with the water line project. LIST OF SUPPORTING DOCUMENTS: Ordinance (with agreement addendum) Presentation Location Map Ordinance authorizing an amendment to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend a Grid Main Line between CR-33 and FM-43; and appropriating $20,562.52 from the Water Arterial Transmission and Grid Main Trust Fund to reimburse developer. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an amendment to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement (“Amendment”) approved by Ordinance 032145, Document number 2020027050, originally dated June 25, 2020, with MPM Development, LP, to include the cost of a performance bond in the reimbursement. SECTION 2. Funding in the amount of $20,562.52 is appropriated from the No. 4030- 21805 Water Arterial Transmission and Grid Main Trust Fund to reimburse the Developer. 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 Amendment to Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement with MPM Development, LP Kings Landing Agreements September 22, 2020 2 Project Map 12-inch Grid Main Line 16-inch Grid Main Line 3 Recommendation Approval The request is in accordance with UDC Section 8.5.1.C.1 Water Trust Fund, Arterial Transmission and Grid Main Extensions 4 Water Master Plan 5 Detailed View 16-inch Grid Main Line 12-inch Grid Main Line 6 Wastewater Master Plan 7 Preliminary Plat DATE: September 4, 2020 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director, Intergovernmental Relations tammye@cctexas.com 361.826.3622 CAPTION: Ordinance authorizing acceptance of a grant totaling $919,500 from the Office of the Governor from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant (DEAAG) to complete the Corpus Christi Army Depot Flight Line Secur ity Enhancement Project, authorizing the execution of the grant agreement, and providing $92,000 as an in-kind contribution for grant administration services. SUMMARY: To receive the Defense Economic Adjustment Assistance Grant (DEAAG) program funds, t he State of Texas requires award recipients to sign Grant Agreements identifying the responsibilities of the recipient and the State. An appropriation of $92,000 will be made from 3542-ST2007A- ITMPCGO to fund the city’s match for the project. Reimbursement grant funds will be deposited into 1072-Community Development Grant Fund for the Corpus Christi Army Depot Flight Line Security Enhancement Project. The City FY 2019-2020 Operating Budget and Capital Improvement Budget adopted by Ordinance 031870 is amended to increase revenues and expenditures. BACKGROUND AND FINDINGS: On April 1, 2020, the City of Corpus Christi was awarded a grant from the State of Texas totaling more than $919,500 to complete the Corpus Christi Army Depot Flight Line Security Enhancement Project. The governor awarded $14.1 Million in grants to 6 communities in this round of DEAAG funding. The Texas Legislature appropriated $30 million in this biennium to the Texas Military Preparedness Commission (TMPC) Defense Economic Adjustment Assistance Grant (DEAAG) fund to assist defense communities that have been impacted by a past or future Base Realignment and Closure action. The Corpus Christi Army Depot (CCAD) is one of 40 tenant commands within Naval Air Station Corpus Christi with more than 75 buildings on the base. Because of the sensitive homeland security activities performed at CCAD, it is imperative to further protect CCAD buildings with Acceptance of 2020 Texas Defense Economic Adjustment Assistance Grant Program in an amount of $919,500 for Corpus Christi Army Depot Flight Line Security Enhancement Project AGENDA MEMORANDUM First Reading for Ordinance for the City Council Meeting of September 22, 2020 Second Reading for Ordinance for the City Council Meeting of September 29, 2020 increased security technology and fencing to limit access to active duty, civilian and contractor personnel. The grant project will construct and stripe a roadway and restripe the helicopter parking and landing areas in the flight line to ensure flight/ground safety and efficient use of available area to meet a wide range of mission requirements. Also, the proposed project is to install the security elements along the flight line with new fencing and gates to impede, channel or stop unauthorized pedestrian and vehicular traffic. The new security enhancements funded by CCAD as match for this project will continue the security improvements of CCAD facilities funded by the 2019 DEAAG-funded project and force protection initiatives funded at Naval Air Station Corpus Christi through the Texas Military Value Revolving Loan Fund, DEAAG and Navy funds. The entire project is an important force protection measure taken to mitigate hostile actions against Department of Defense personnel (to include family members), resources, facilities, and critical information. Improving the safety and security of the flight line is critical as CCAD begins to ramp up its repair and maintenance work on new Army aircraft platforms, such as the UH60V helicopter, and seeks to attract additional workload, such as CH47. The security enhancement initiative, funded in part by DEAAG in 2019 and proposed to continue in this application, ensures the security of key military equipment and personnel. Aged markings and flight line infrastructure degrade CCAD’s ability to ensure safe aircraft and equipment movement and poses a challenge to surging aircraft numbers, if required. In the future, as the Army evaluates locations for additional aircraft workload, issues such as safe movement and security of assets are likely to be essential facility requirements, especially for programs with newer technologies. To adequately prepare for the potential surge in maintenance and repair workload that may come to CCAD in the future, the optimum time to implement the flight line security enhancement project is now in 2020. This project is a continuation of the strong partnership between the City, the Navy and the Army to make security improvement at the base. Perimeter fencing and a commercial vehicle inspection station were funded through a Texas Military Preparedness Commission loan. Security Enclave fencing of CCAD facilities and the extension of a redundant water line into NASCC along Ocean Drive from the university was funded by a previous DEAAG award. The community is comm itted to sustaining and growing the missions of both NASCC and CCAD and staff believes this application will be an important tool to make that happen. PROJECT COST LEVERAGE DOLLARS PERCENTAGE DEAAG $ 919,500.00 30.650 CCAD $ 1,950,000.00 65.000% NASCC $ 38,275.00 1.276% CITY OF CORPUS CHRISTI $ 92,000.00 3.067% The Engineering Department will manage the grant in-house using the $92,000 match from the City but utilize a contractor for the work. The next step is to complete the gifting process to the Navy. The City is required to finish the project two years from the date of award, which was May 15, 2020. ALTERNATIVES: The City Council may choose not to approve the grant agreements, and the TMPC will reallocate the funds to other defense communities in Texas. FISCAL IMPACT: Accepting the grant will provide $919,500 to complete the CCAD Flight Line Security Enhancement Project. The City of Corpus Christi will provide a match of $92,000 which will cover engineering services and grant administration for the project. Funding Detail: Fund: 3542 – 2007A Texas Military Preparedness Commission GO Fund Organization/Activity: 20259-A-3542-EXP Mission Element: 051 Project # (CIP Only): 20259A – DEAAG Flight Line Safety Improvements Account: 550950 Amount: $92,000.00 Fund: 1072 – Community Development Grant Fund Organization/Activity: 870103S – DEAAG Flight Line Safety Project Mission Element: 071 Project # (CIP Only): N/A Account: 550950 Amount: $919,500.00 RECOMMENDATION: Staff recommends approval of grant totaling $919,500 from the Office of the Governor, Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant (DEAAG) to complete the Corpus Christi Army Depot Flight Line Security Enhancement Project, authorizing the City Manager to execute grant agreement, appropriating $919,500 in the 1072-Community Development Grant Fund and providing $92,000 as a city match contribution for grant administration services. LIST OF SUPPORTING DOCUMENTS: 1. Ordinance 2. Award Letter for CCAD project 3. CCAD Grant Agreement Ordinance accepting and appropriating a grant totaling $919,500 from the Office of the Governor from the Texas Military Preparedness Commission’s Defense Economic Adjustment Assistance Grant (DEAAG) to complete the Corpus Christi Army Depot Flight Line Security Enhancement Project, authorizing the execution of the grant agreement, and providing $92,000 as an in-kind contribution for grant administration services. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1: Authorize the execution of all documents necessary to accept and appropriate a grant totaling $919,500 from the State of Texas Office of the Governor from the Defense Economic Adjustment Assistance Grant (DEAAG) Program in 1072-Community Development Grant Fund for the Corpus Christi Army Depot Flight Line Security Enhancement Project and providing $92,000 from 3542-ST2007A-ITMPCGO as an in-kind contribution for grant administration services. That the City FY 2019-2020 Operating Budget and Capital Improvement Budget adopted by Ordinance 031870 is amended to increase revenues by $919,500 and expenditures by 1,011,500 Section 2: A copy of the executed grant shall be filed in the office of the City Secretary. 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 ____________ day of ________________, 2020. ATTEST: __________________________ _________________________________ Rebecca Huerta Joe McComb City Secretary Mayor G OVE R NO R G R E G A B BOTT POST OFFICE BOX 12428AUSTIN,TEXAS 78711512-463-2000(VOICE)DIAL 7-1-1FOR RELAY SERVICES May 15, 2020 Mr. Peter Zanoni City Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78468-9277 Dear Mr. Zanoni: I am pleased to announce that the Texas Military Preparedness Commission (TMPC) in my office is awarding a Defense Economic Adjustment Assistance Grant of $919,500.00 to the City of Corpus Christi to enhance flight line security at Corpus Christi Army Depot. The State of Texas places a high value on military installations and the defense communities that support them. The 15 military installations in Texas have an impact of over $101 billion on the Texas economy. We look forward to watching this project develop and will continue to support the U.S. Army as an instrumental part of the military community in Texas. Please reply to this award letter with a letter accepting or denying the grant award. If the grant award is accepted, TMPC staff will work with the application’s point of contact designee or grant administrator to begin processing the grant award. The reply should be sent to the attention of Keith Graf with TMPC. Thank you for supporting your local military installation. Sincerely, Greg Abbott Governor GA:kgk Page 1 of 27 AGREEMENT FOR THE DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT BETWEEN THE OFFICE OF THE GOVERNOR, TEXAS MILITARY PREPAREDNESS COMMISSION AND CITY OF CORPUS CHRISTI STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT is between the Office of the Governor, Texas Military Preparedness Commission, P.O. Box 12428, Austin, Texas 78711 (“OOG” or “Grantor”), and City of Corpus Christi (“Grantee”). OOG and Grantee are referred to collectively as the “parties.” The parties hereto have severally and collectively agreed and by the execution of this Agreement are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 1. PURPOSE. This Grant is awarded pursuant to Texas Government Code, Chapter 436, which authorizes OOG to administer the Defense Economic Adjustment Assistance Grant (“DEAAG”) program. The DEAAG program provides state funds to defense communities that have been or may be affected by a base realignment and closure action for the purposes of purchasing property, sharing the costs of infrastructure or redevelopment projects, and the purchase or lease of equipment, including equipment for the training of defense workers. SECTION 2. TERM OF AGREEMENT. This Agreement will commence July 1, 2020 and will terminate on May 15, 2022, or upon the completion of the Grant Project as described herein, whichever occurs first, unless terminated earlier pursuant to Section 16 of this Agreement. SECTION 3. PROJECT REQUIREMENTS. Consistent with Section 436.203 of the Texas Government Code, grant proceeds may be used for the purchase of property, new construction, rehabilitation or renovation of facilities or infrastructure, or purchase of capital equipment or facilities insurance, and if applicable, to purchase or lease equipment to train certain workers. Subject to the requirements of applicable law and this Agreement, Grantee may use grant proceeds as cost reimbursement for certain actual, reasonable, and allowable costs that are directly allocable to the Project in accordance with the Grant Project, as further described in Exhibit A (Grant Budget), Exhibit B (Grant Narrative), and the Grantee’s DEAAG Grant Application. SECTION 4. OOG OBLIGATIONS. A. The OOG shall reimburse the Grantee for the actual and allowable allocable costs incurred by Grantee during the term of this Agreement, subject to the requirements and limitations set forth herein. Page 2 of 27 B. OOG shall not be liable to Grantee for any costs incurred by Grantee that are not strictly in accordance with the terms of this Agreement. SECTION 5. MAXIMUM AMOUNT OF GRANT. Notwithstanding any other provision of this Agreement, the total of all grant reimbursement payments and other obligations incurred by OOG under the terms of this Agreement shall not exceed NINE HUNDRED NINETEEN THOUSAND, FIVE HUNDRED DOLLARS. The parties stipulate and agree that any act, action or representation by either party, their agents or employees that purport to increase the liability of the OOG is voidable by the OOG, unless this Agreement is amended to increase the liability of the OOG. SECTION 6. GENERAL REQUIREMENTS APPLICABLE TO THE GRANT. A. Grant funds may be used only for the actual, reasonable, and allowable costs incurred during the term of this Agreement and that are directly allocable to the Project. Grant funds may not be used for the payment of taxes, overtime, overhead, debt repayment, indirect expenses, or administrative expenses. B. All grant funds will be disbursed on a cost reimbursement basis only. Only costs that have been incurred and paid by the Grantee are eligible for reimbursement. Grant funds are not eligible for use to provide an advance payment to a Grantee or sub-grantee. C. In no case shall the payments made to a Grantee exceed the actual, reasonable, and allowable costs that are directly allocable to the Project costs as identified in the Grant Budget, or the Maximum Amount of Grant as set forth in Section 5 of this Agreement. D. Pre-award costs incurred prior to the effective date of the Agreement may be allowable only with the written approval of the OOG and only to the extent that they would have been allowable if they had been incurred after the date of the award. E. All costs must be allowable in accordance with the purposes authorized by Texas Government Code, Chapter 436, the DEAAG Administrative Rules (Title I, Texas Administrative Code, Chapter 4, Subchapter B), this Agreement, the Grant Budget, and other applicable law. F. The grants are subject to the requirements of applicable state law, regulations, and policies, including, but not limited to, Texas Government Code Chapter 783, the administrative rules of the Texas Comptroller of Public Accounts at Title 34, Chapter 20, Subchapter I of the Texas Administrative Code, and the State Uniform Grant Management Standards (UGMS). The UGMS is available for download at: https://comptroller.texas.gov/purchasing/grant-management/. The 2004 version of the UGMS is the current version as of the date of this Agreement, however the UGMS may be updated by the Comptroller of Public Accounts from time-to-time. G. Grantee agrees to comply with the Uniform State Grant Assurances as set forth in Exhibit C. SECTION 7. CONDITIONS PRECEDENT TO REIMBURSEMENT. Grant funds shall be disbursed on a cost reimbursement basis, subject to the terms of this Agreement. All of the Page 3 of 27 following conditions precedent must be met to the satisfaction of OOG prior to any reimbursement payments: A. All costs incurred by Grantee for which Grantee seeks reimbursement must be for the actual, reasonable, and allowable costs that are directly allocable to the Project costs described in the Grant Budget. B. OOG must have received from Grantee a Request for Reimbursement specifying the amount of the Grant being requested, along with invoices showing all such costs. No requests for the reimbursement of expenditures incurred by the Grantee after May 15, 2022 will be considered by OOG. The total amount already disbursed plus the amount requested shall not exceed the Maximum Amount of Grant set forth in Section 5 of this Agreement. C. Grantee must be in compliance with all terms of this Agreement. D. Grantee must have supplied to the OOG all reports or other items that OOG requires or has requested. SECTION 8. STRUCTURE FOR REIMBURSEMENT PAYMENTS. A. Reimbursement Request. The OOG will make a reimbursement payment to the Grantee only in response to an approved Request for Reimbursement from the Grantee for the payment of actual, reasonable, and allowable costs that are directly allocable to the Project. The Grantee’s reimbursement request will be submitted to the OOG in the form and manner as approved by the OOG and will specify the detailed and total expenses for the reimbursement request. All requests for the reimbursement of allowable costs will be submitted to the OOG in accordance with the schedule as set forth in Section 8.C. All reimbursement requests and payment inquiries shall be submitted directly to: Office of the Governor Texas Military Preparedness Commission Attn: Alexandra Taylor P.O. Box 12428 Austin, TX 78711 Alexandra.taylor@gov.texas.gov B. Required Documentation. Each Request for Reimbursement presented must include: (1) identification of the specific OOG Agreement; (2) the Grantee’s federal tax identification number; (3) the name and division of the OOG contact; (4) description of the services/costs/expenses and the dollar amount attributable to each; (5) the name of the entity or person providing the service and the cost(s) charged by such entity or person; and (6) an itemization of charges with sufficient detail to permit the OOG to determine if the costs are allowable. Requests for Reimbursement must include documentation of proof of payment as evidence of actual expenditures. Acceptable proof of payment includes, but is not necessarily limited to, a Page 4 of 27 receipt or other documentation of a paid invoice showing zero balance due, a monthly bank statement evidencing payment of the specific expenditure, copies of endorsed/processed checks, or a printed copy of an electronic payment confirmation evidencing payment of the specific expenditure(s) to which the reimbursement relates. Each item of expenditure shall be specifically attributed to the eligible project cost category as identified in the Grant Budget. By submission of a reimbursement request, Grantee is warranting the following: (1) all invoices have been carefully reviewed to ensure that all invoiced services or goods have been performed or delivered; (2) that the services or goods have been performed or delivered in compliance with all terms of this Agreement; (3) that the amount of each new invoice added together with all previous invoices does not exceed the Maximum Amount of Grant as stated in Section 5 of this Agreement; and (4) the charges and expenses shown on the invoice are reasonable, necessary, and that all supporting documentation is attached. C. Timing of Submission of Request for Reimbursement to the OOG; Close-Out Invoice. Grantee is responsible for submitting bills in an accurate and timely manner, and shall make every reasonable effort to submit quarterly billings to the OOG, which cover the previous quarter’s expenses, so that they are received by the OOG on or before the twentieth (20th) day after the end of each quarter, or if the 20th falls on a weekend or holiday, the next business day. Quarterly reimbursement requests are due: (1) First quarter – December 20; (2) Second Quarter – March 20; (3) Third Quarter – June 20; (4) Fourth Quarter – September 20. The OOG will make all reasonable efforts to promptly process and make payments on properly completed billings. Grantee may submit a final invoice not later than the earlier of (1) forty-five (45) calendar days after termination of this Agreement; or (2) forty-five (45) calendar days after the end of each state fiscal year. D. Final Deadline for Reimbursement Requests. All requests for reimbursement must be received by the OOG no later than June 29, 2022 (i.e., the next business day after forty-five (45) calendar days after termination of this Agreement). An Agreement amendment must be executed by the OOG and the Grantee in order to extend this deadline. Any extension of the deadline is within the sole discretion of the OOG and subject to the availability of appropriated funds. E. Disclosure of Reimbursement Information under the Public Information Act. All reimbursement documentation submitted to the OOG is subject to disclosure under the Texas Public Information Act, Chapter 552 of the Texas Government Code (“the PIA”), whether created or produced by the Grantee or by any third-party. If it is necessary for the Grantee to include proprietary or otherwise confidential information in the documents submitted, that particular information should be clearly identified as such. Merely making a blanket claim that all documents are protected from disclosure because they may contain some proprietary or confidential information is not acceptable, and will not render the whole of the information confidential. Any information not clearly identified as proprietary or confidential is subject to release in accordance with the PIA. Page 5 of 27 F. Right to Request Additional Documentation. Upon the request of the OOG, the Grantee must submit to the OOG any additional documentation or explanation the OOG may require to support or document any requested payment under the Agreement. G. Allowable Costs. The OOG shall reimburse the Grantee only for actual, reasonable, and allowable costs that are directly allocable to the Project as determined by the OOG in accordance with the Texas Government Code, Chapter 436, the DEAAG Administrative Rules (Title I, Texas Administrative Code, Chapter 4, Subchapter B), this Agreement, and the Grant Budget, and in conformity with the UGMS. SECTION 9. BUDGET ADJUSTMENT. Prior written approval from the OOG is required if Grantee anticipates altering the scope of the grant, adding funds to previously un-awarded budget items or categories, changing funds in any awarded budget items or category by more than 10% of the annual budget, or adding new line items to any awarded budget category. SECTION 10. PURCHASE OF EQUIPMENT; MAINTENANCE AND REPAIR; TITLE UPON TERMINATION. Grantee shall not give any security interest or lien or otherwise encumber any item of equipment purchased with grant funds. Grantee shall identify all equipment purchased under this Agreement by appropriate tags or labels affixed to the equipment. Grantee shall maintain a current inventory of all equipment, which shall be available to the OOG at all times upon request, however, as between the OOG and Grantee, title for equipment will remain with Grantee. Grantee will maintain, repair, and protect all equipment purchased in whole or in part with grant funds so as to ensure the full availability and usefulness of such equipment. In the event Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this Agreement, Grantee shall use the proceeds to repair or replace said equipment. Upon termination of this Agreement, title, use, and disposal of equipment shall be in conformity with the UGMS. SECTION 11. REPORTING REQUIREMENTS. A. Until Grantee has submitted a Project Completion Report to OOG, Grantee shall submit a Quarterly Project Status Report to OOG, using the form attached hereto as Exhibit D, no later than twenty (20) calendar days after the end of each calendar quarter summarizing grant expenditures and detailing the progress on grant requirements. B. After Grantee has completed the Grant Project as set forth in this Agreement, but in no case more than one hundred twenty (120) calendar days after termination of this Agreement, Grantee shall submit to OOG a Project Completion Report, using the form attached hereto as Exhibit E, describing all activities performed under this Agreement. Grantee shall provide to OOG a Certification of Delivery, certifying that Grantee has received delivery of all equipment purchased pursuant to this Agreement. C. No later than sixty (60) calendar days after the date on which Grantee submits its Project Completion Report to OOG, Grantee shall provide to OOG a DEAAG Project Impact Report, using the form attached hereto as Exhibit F. A DEAAG Project Impact Report must contain information concerning jobs generated and retained, and individuals trained as a result of the Project. For purposes of this Agreement, job creation, retention, and training rates may be Page 6 of 27 evidenced by satisfactory documentation, such as copies of payroll documents, human resource documents, or training enrollment records. D. Grantee shall provide to OOG additional information regarding the status of the Project at any time upon request from OOG. E. Grantee shall cooperate with OOG and provide all requested assistance to OOG in connection with the preparation of any reports required from time to time to be made by OOG to the Texas Legislature or any relevant governmental entity regarding Grantee, the Grant, the Project, or the Grant Application. F. All reports provided to OOG must be signed by the duly authorized representative of Grantee. G. Failure to Provide Required Reports and Other Documentation. If after a written request by the OOG, Grantee fails to provide required reports, information, documentation, or other information as required by this Agreement, then the OOG may require corrective action or consider this act a possible default under this Agreement. SECTION 12. CORRECTIVE ACTION. A. Failure to Progress with Grant Project. If after written notice by the OOG to the Grantee, Grantee fails to make progress on the grant project, then the OOG may consider this act a possible default under this Agreement. B. Notice of Possible Default. The parties agree to make a good faith effort to identify, communicate, and resolve problems found by either the OOG or Grantee. The OOG, in its sole discretion, will determine whether Grantee has acted or failed to act in such a manner that gives rise to an act of possible default under this Agreement. The OOG shall give written notice to Grantee setting out the circumstances that support the OOG’s determination of possible default. C. Opportunity to Cure. The OOG will give the Grantee at least thirty (30) calendar days to cure the possible default and to provide the OOG sufficient information that supports a finding of cure by the OOG. D. Cure. If the OOG is satisfied that the Grantee has cured the possible default event, the OOG shall give written notice to the Grantee. The OOG will be guided by good faith and reasonableness in determining, in the sole discretion of the OOG, whether the Grantee has cured the possible default. E. Default. If the OOG is not satisfied that the Grantee has cured the possible default, the Grantee shall be in default hereunder, and the OOG shall give written notice to the Grantee declaring such default. Any default may result in termination of this Agreement in accordance with Section 16. F. Corrective Action Plans. If the OOG finds deficiencies in Grantee’s performance under this Agreement, the OOG, at its sole discretion, may impose one or more of the following remedies as Page 7 of 27 part of a corrective action plan: increase monitoring visits; require that additional or more detailed financial or programmatic reports be submitted; require prior approval for expenditures; require additional technical or management assistance or make modifications in business practices; reduce the grant award amount; or terminate this Agreement. The foregoing are not exclusive remedies, and the OOG may impose other requirements that the OOG determines will be in the best interest of the State. G. Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information may result in the OOG, at its sole discretion, placing Grantee on immediate financial hold without further notice to Grantee and without first requiring a corrective action plan. No reimbursements will be processed until the requested information is submitted. If Grantee is placed on financial hold, the OOG, at its sole discretion, may deny reimbursement requests associated with expenses incurred during the time Grantee was placed on financial hold. H. Sanctions. In addition to a financial hold, the OOG, at its sole discretion, may impose other sanctions without first requiring a corrective action plan. The OOG, at its sole discretion, may impose sanctions, including, but not limited to, withholding or suspending funding, requiring return or offset of previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding, terminating this Agreement, or any other appropriate sanction. I. No Waiver. Notwithstanding the imposition of corrective actions, financial hold, or sanctions, Grantee remains responsible for complying with the Agreement terms and conditions. Corrective action plans, financial hold, or sanctions do not excuse or operate as a waiver of prior failure to comply with this Agreement. SECTION 13. NOTICES. Any notice required or permitted to be given under this Agreement by the either party shall be in writing and shall be deemed to have been given immediately if delivered by e-mail. Any notice required or permitted to be given under this Agreement may be given by regular first class mail or e-mail and shall be deemed to have been given on the date of attempted or actual delivery to the recipient if addressed to the receiving party at the address specified in this section: Office of the Governor Texas Military Preparedness Commission Attn: Alexandra Taylor P.O. Box 12428 Austin, TX 78711 Alexandra.Taylor@gov.texas.gov Mr. Peter Zanoni City of Corpus Christi P.O. Box 9277 Corpus Christi, TX 78468 peterz@cctexas.com SECTION 14. GRANTEE CERTIFICATIONS. By executing this Agreement, Grantee hereby makes the following certifications and warranties: A. Delinquent Child Support Obligations. Under Section 231.006(d) of the Texas Family Code, regarding child support, Grantee certifies that the individual or business entity named in this Page 8 of 27 Agreement is not ineligible to receive the specified payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. B. Prohibited Bids and Agreements. Under Section 2155.004 of the Texas Government Code (relating to prohibited bids and agreements), Grantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. C. Gift to Public Servant. Grantee warrants that it has not given, nor does it intend 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 award of this Agreement. D. Former Executive Head and Employees of the Agency. Grantee certifies that this Agreement is compliant, and will remain in compliance during the Agreement term, with the following Sections of the Texas Government Code: Section 669.003 (Contracting with Executive Head of State Agency); Section 572.069 (Prohibiting employment of state officers and employees who participated in the procurement of services); and Section 2252.901 (Contracts with Former or Retired Agency Employees). E. Conflicts of Interest. Grantee certifies that neither it nor the personnel or entities employed in rendering services under this Agreement have, nor shall they knowingly acquire, any interest that would be adverse to or conflict in any manner with the performance of Grantee’s obligations under this Agreement. Grantee has a continual and ongoing obligation to immediately notify the OOG in writing, upon discovery of any actual or potential conflict. F. Corporate Franchise Tax. Grantee certifies that, if applicable, its Texas franchise tax payments are current, or that it is exempt from, or not subject to, such tax. G. No Claims. Grantee certifies that Grantee does not have any potential or existing claims against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas. H. Debt to State. Grantee acknowledges and agrees that, to the extent Grantee owes any debt or delinquent taxes to the State of Texas, any payments Grantee is owed under this Agreement may be applied by the Comptroller of Public Accounts toward any debt or delinquent taxes Grantee owes the State of Texas until the debt or delinquent taxes are paid in full. I. Suspension/Debarment. Grantee certifies that Grantee and Grantee’s principals are, to the best of its knowledge and belief, not on the specially-designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this Agreement. Grantee certifies that it will not knowingly enter into any subcontract with an entity who is, or whose principals are, on the specially designated nationals list or debarred, suspended, declared ineligible, or voluntarily excluded from participation in this Agreement. Grantee will ensure that this section regarding debarment, suspension, ineligibility, and voluntary exclusion, and the specially-designated nationals list without modification in any subcontracts or solicitations for subcontracts. Page 9 of 27 J. Deceptive Trade Practices/Unfair Business Practices. Grantee represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that the Respondent has not been found to be liable for such practices in such proceedings. Grantee certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit, and that such officers have not been found to be liable for such practices in such proceedings. K. False Statements. By signature to this Agreement, Grantee makes all the representations, warranties, guarantees, certifications and affirmations included in this Agreement. If Grantee signs this Agreement with a false statement or it is subsequently determined that Grantee has violated any of the representations, warranties, guarantees, certifications or affirmations included in this Agreement, Grantee shall be in default under this Agreement and the OOG may terminate or void this Agreement for cause and pursue other remedies available to the OOG under this Agreement and applicable law. L. Felony Criminal Convictions. Grantee represents and warrants that Grantee and its employees who will perform services under this Agreement have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Grantee has fully advised the OOG as to the facts and circumstances surrounding the conviction. M. Immigration. The Grantee shall comply with the requirements of the Immigration Reform and Control Acts of 1986 and 1990 (“IRCA”) regarding employment verification and retention of verification forms for any individuals hired on or after November 6, 1986, who will perform any labor or services in the United States of America under this Grant Agreement, if any, and the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (“IIRIRA”) enacted on September 30, 1996. N. U.S. Department of Homeland Security’s E-Verify System. 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 as required by Chapter 673 of the Texas Government Code, to determine the eligibility of: a. all persons employed to perform duties within Texas, during the term of the Grant; and b. all persons employed or assigned by Grantee to perform work pursuant to the Grant Agreement, within the United States of America. If this certification is falsely made, the Agreement may be terminated. O. Certification Concerning Hurricane Relief. The OOG is prohibited from awarding an Agreement to any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with an Agreement involving relief for any disaster as defined by Section 418.004 of the Texas Government Code occurring after September 24, 2005. Under Section 2155.006 of the Texas Government Code, Grantee certifies that it is not ineligible to receive the Agreement and acknowledges that the Agreement may be terminated and payment withheld if this certification is inaccurate. Page 10 of 27 P. Technology Access Clause. If applicable, Grantee will comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 TAC Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. Likewise, if applicable, Grantee shall provide the Department of Information Resources with the URL to its Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration “Buy Accessible Wizard” (http://www.buyaccessible.gov). A company not listed with the “Buy Accessible Wizard” or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the “Buy Accessible Wizard” or obtaining a copy of the VPAT is located at http://www.section508.gov/. Q. Buy Texas. With respect to all services, if any, purchased pursuant to this Agreement, Grantee represents and warrants that it will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and within a comparable period of time when compared to non-Texas products and materials. R. Liability for Taxes. Grantee represents and warrants that it shall pay all taxes or similar amounts resulting from this Agreement, including, but not limited to, any federal, State, or local income, sales or excise taxes of Grantee or its employees. The OOG shall not be liable for any taxes resulting from this Agreement. S. Israel. If the Grantee is required to make a certification pursuant to Section 2271.002 of the Texas Government Code, the Grantee certifies that the Grantee does not boycott Israel and will not boycott Israel during the term of the Agreement. If the Grantee does not make that certification, the Grantee must notify OOG and state why the certification is not required. The term “boycott Israel” as used in this paragraph has the meaning assigned by Section 808.001 of the Texas Government Code. T. Iran, Sudan, or Foreign Terrorist Organization. The Grantee represents that neither the Grantee, nor any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of the Grantee, (i) is an entity listed by the Texas Comptroller of Public Accounts under Sections 2270.0201 or 2252.153 of the Texas Government Code; (ii) constitutes a “scrutinized company” as defined by Section 2270.0001(9) of the Texas Government Code; or (iii) has contracts with or provides supplies or services to a foreign terrorist organization. The terms “foreign terrorist organization” and “designated foreign terrorist organization” have the meanings assigned to them in Sections 2252.151(2) and 2270.0001(3) of the Texas Government Code, respectively. U. Cybersecurity Training Program. To the extent Grantee has access to any state computer system or database and is subject to the provisions of Section 2054.5192 of the Texas Government Code, OOG will require Grantee to complete a cybersecurity training program certified under Section 2054.519 of the Texas Government Code, as selected by OOG. The cybersecurity training Page 11 of 27 program must be completed by Grantee during the term of the Agreement and during any subsequent extension period. Grantee shall verify completion of the program to OOG in writing upon completion of the program. SECTION 15. GENERAL TERMS AND CONDITIONS. A. Independent Contractor. Grantee or Grantee’s employees, representatives, agents, and subcontractors shall serve as an independent contractor in performing the services under this Agreement, and shall not be employees of the OOG or the State of Texas. B. Subcontracting. In the event that the Grantee should determine that it is necessary or expedient to subcontract for any of the performances herein, Grantee understands and agrees that it will be responsible to the OOG for any subcontractor’s performance under this Agreement. In no event shall this section or any other provision of this Agreement be construed as relieving the Grantee of the responsibility for ensuring that performance under this Agreement, and any subcontracts thereto, is rendered in compliance with all of the terms of this Agreement. If Grantee uses a subcontractor for any or all of the work required, the following conditions will apply: (1) The Grantee, in subcontracting for any performances specified herein, expressly understands and agrees that subcontracting will be solely at Grantee’s expense and the OOG shall not be liable in any manner to the Grantee’s subcontractor(s); (2) Grantee will be the sole contact for the OOG; and (3) Pursuant to Chapter 2251 of the Texas Government Code, Grantee will make any payments owed to subcontractors within ten (10) calendar days of Grantee’s receipt of funds from the OOG. C. No Assignment. This Agreement is not assignable by Grantee. Notwithstanding any attempt to assign the Agreement, Grantee shall remain fully liable on this Agreement and shall not be released from performing any of the terms, covenants, and conditions herein. Grantee shall be held responsible for all funds received under this Agreement. D. Records Retention. Records shall be maintained and made available to the OOG or its authorized representatives upon request during the entire performance period of this Agreement and until three (3) years from date of final payment by the OOG for the services provided under this Agreement. In addition, those records relating to any dispute, litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken, shall be maintained and made available to the OOG or its designee until completion of such action and resolution of all issues which arise from it, or until the end of the aforementioned three (3) year period, whichever is later. Failure to provide reasonable access to authorized OOG representatives shall give OOG the right to terminate this Agreement pursuant to Section 16 of this Agreement, or any portion thereof, for reason of default. E. Right to Audit. Grantee will cooperate fully in any review conducted by the OOG or its authorized representatives related to services provided under this Agreement. The OOG has the authority to monitor, inspect, assess, and review the fiscal and contractual performance of the Grantee with respect to the Agreement, including all information related to any services provided under this Agreement or billed to the OOG. Grantee will remedy in a timely manner, any weaknesses, deficiencies, Agreement noncompliance, or audit exceptions found as a result of a review by the OOG or its authorized representatives. Such remedy can include a refund or offset Page 12 of 27 of Agreement payments or any other appropriate actions deemed necessary by the OOG. Acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor’s Office to audit or investigate the expenditure of funds under this Agreement or any subcontract. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Grantee and the requirement to cooperate is included in any subcontract it awards. F. Texas Public Information Act. Notwithstanding any provisions of this Grant Agreement to the contrary, Grantee acknowledges that the State of Texas, OOG, and this Grant Agreement are subject to the PIA. Grantee acknowledges that the OOG will comply with the PIA. Grantee acknowledges that information created or exchanged in connection with this Grant Agreement is subject to the PIA, and 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 the OOG or State of Texas. Grantee will cooperate with the OOG in the production of documents or information responsive to a request for information. Information provided by or on behalf of Grantee under, pursuant to, or in connection with this Grant Agreement that Grantee considers proprietary, financial, or trade secret information (collectively “Confidential Information”) shall be designated as such when it is provided to the OOG or State of Texas or any other entity in accordance with this Grant Agreement. The OOG agrees to notify Grantee in writing within a reasonable time from receipt of a request for information covering Grantee’s Confidential Information. The OOG will make a determination whether to submit a request for a ruling under the PIA to the Attorney General. Grantee agrees to maintain the confidentiality of information received from the OOG or State of Texas during the performance of this Grant Agreement to the extent allowed by the PIA, including personally identifying information, personal financial information, and social security numbers. Grantee will notify the OOG within twenty-four (24) hours of receipt of any third-party requests for information that was provided to the Grantee by the OOG or the State of Texas. G. Media Releases or Pronouncements. Grantee understands that the OOG does not endorse any vendor, commodity good, or service. The Grantee, its employees, representatives, subcontractors, or other agents may not issue any media release, advertisement, publication, or public pronouncement which pertains to this Agreement or the services or project to which this Agreement relates, or which mentions the OOG, without the prior written approval of the OOG. H. Indemnification. TO THE EXTENT ALLOWED BY LAW, GRANTEE WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG, AND ITS OFFICERS AND EMPLOYEES FROM ANY CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, ATTORNEY’S FEES AND COURT COSTS CONNECTED WITH ANY ACTS OR OMISSIONS OF GRANTEE OR ANY AGENT, EMPLOYEE, SUBCONTRACTOR, OR SUPPLIER IN THE EXECUTION OR PERFORMANCE OF THIS AGREEMENT. GRANTEE WILL COORDINATE ITS DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY THE OOG. THIS PARAGRAPH Page 13 of 27 IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE OOG FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE OOG OR ITS EMPLOYEES. I. Intellectual Property. TO THE EXTENT ALLOWED BY LAW, THE GRANTEE SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE OOG, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, GRANTEES, ASSIGNEES, AND/OR DESIGNEES AGAINST ANY CLAIM OF COPYRIGHT, TRADEMARK, OR PATENT INFRINGEMENT, OR OTHER INTELLECTUAL PROPERTY INFRINGEMENT ARISING IN CONNECTION WITH THE PERFORMANCES OR ACTIONS OF GRANTEE PURSUANT TO THIS AGREEMENT. THE GRANTEE SHALL BE LIABLE TO PAY ALL COSTS, DAMAGES, AND ATTORNEYS’ FEES INCURRED BY THE OOG RESULTING FROM SUCH CLAIMS INCLUDING ANY CLAIM FOR THE INFRINGEMENT OF ANY UNITED STATES OR INTERNATIONALLY PROTECTED PATENTS OR COPYRIGHTS ARISING FROM THE USE BY THE GRANTEE OR THE OOG, THE STATE OF TEXAS AND/OR THEIR EMPLOYEES, AGENTS, REPRESENTATIVES, GRANTEES, ASSIGNEES, AND/OR DESIGNEES OF ANY EQUIPMENT, MATERIALS, INFORMATION, OR IDEAS EMPLOYED OR FURNISHED BY THE GRANTEE IN CONNECTION WITH THE PERFORMANCES CALLED FOR IN THIS AGREEMENT J. Taxes/Workers’ Compensation/Unemployment Insurance. GRANTEE IS FULLY RESPONSIBLE FOR ITS OWN FEDERAL, STATE, AND LOCAL TAXES. GRANTEE AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS AGREEMENT, GRANTEE 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 AGREEMENT. GRANTEE AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. THE OOG, THE BANK 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 THE OOG. K. Tax Identification Information Required. As a prerequisite to the OOG’s ability to process any payments to Grantee under this Agreement, Grantee shall provide the OOG with required tax and payee identification information in the form of a completed “Application for Texas Identification Number” (available on the Comptroller of Public Accounts’ website at http://www.window.state.tx.us/taxinfo/taxforms/ap-152.pdf). If Grantee has previously completed the required documentation to obtain a Texas Identification Number (TIN) prior to the effective date of this Agreement, Grantee may satisfy this requirement by providing the OOG with Grantee’s current TIN, name, and address to permit the OOG to verify registration in the TINS System with the Texas Comptroller of Public Accounts. Page 14 of 27 L. Insurance. Unless otherwise noted in this Agreement, and to the extent that Grantee does not have or maintain insurance or does not have or maintain sufficient insurance, Grantee acknowledges and agrees that Grantee will be solely responsible for any losses or damages related to or caused by the Grantee’s performing its duties and obligations under this Agreement. The OOG will have no obligation to reimburse or otherwise pay Grantee for any costs incurred related to any such losses or damages. M. Fraud, Waste and Abuse. Grantee understands that the OOG does not tolerate any type of fraud, waste, or misuse of funds received from the OOG. The OOG’s policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, OOG policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. In the event Grantee becomes aware of any allegation or a finding of fraud, waste, or misuse of funds received from the OOG that is made against Grantee, Grantee is required to immediately notify the OOG of said allegation or finding. Grantee is also obliged to inform the OOG of the status of any on-going investigations regarding allegations of fraud, waste, or abuse. Grantee is expected to report any possible fraudulent or dishonest acts, waste, or abuse to the OOG’s Fraud Coordinator or Ethics Advisor at (512) 463-1788 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin, Texas 78711. N. Saturdays, Sundays, Holidays. If the last or appointed day for the taking of any action or the expiration of any right required or granted in this Agreement is a Saturday or a Sunday or a scheduled State of Texas or national holiday, then such action may be taken or such right may be exercised on the next succeeding business day that is not a Saturday, Sunday, or holiday. A schedule of State of Texas holidays is located at: http://www.hr.sao.texas.gov/Holidays/. O. Applicable Law and Venue. This Agreement is made and entered into in the State of Texas. This Agreement and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Venue for any Grantee-initiated action, suit, or litigation arising out of or in any way relating to this Agreement shall be commenced exclusively in the Travis County District Court or the United States District Court for the Western District of Texas, Austin Division. Venue for any OOG- initiated action, suit, or litigation arising out of or in any way relating to this Agreement may be commenced in a Texas state district court or a United States District Court selected by the OOG 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 as a defense, or otherwise, in any suit, action or proceeding, any claim that the Grantee is not subject to the jurisdiction of the above-named courts; the suit, action or litigation is brought in an inconvenient forum; or the venue is otherwise improper. P. No Waiver of Sovereign Immunity. OOG is immune from suit and from liability. No part Page 15 of 27 of this Agreement, nor the conduct or statement any person, will be construed as a waiver of the doctrines of sovereign immunity and official immunity, or of any of the privileges, rights, defenses, remedies, or immunities available to the OOG or the State of Texas, and their officers, employees, or agents as provided by law. SECTION 16. TERMINATION. A. Convenience. The OOG may, at its sole discretion, terminate this Grant Agreement without recourse, liability, or penalty, against the OOG, upon thirty (30) calendar days’ notice to the Grantee. B. Cause/Default. In the event that Grantee fails to provide the agreed upon services according to the provisions of this Agreement, or fails to comply with any of the terms or conditions of this Agreement, the OOG may, upon written notice of default to Grantee, immediately terminate all or any part of this Agreement. 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 Agreement. C. Rights upon Termination or Expiration. In the event that the Agreement is terminated for any reason, or upon its expiration, the OOG shall be obligated to pay Grantee only for actual allowable costs incurred up to the effective date of termination. Termination is not an exclusive remedy, but will be in addition to any other rights and remedies as provided in equity, by law or under the Agreement. OOG will not be liable to Grantee or to Grantee’s creditors for any costs incurred subsequent to receipt of a Notice to Terminate or any unacceptable or disallowed costs as determined by OOG. D. Notwithstanding any exercise by OOG of its right of early termination pursuant to this section, Grantee shall not be relieved of any liability to OOG for damages due to OOG by virtue of any breach of this Agreement by Grantee. OOG may withhold payments to Grantee until such time as the exact amount of damages due to OOG from Grantee is agreed upon or is otherwise determined. E. In the event Grantee fails to comply with any provision as specified in this Agreement, the Grantee may be liable for damages under this Agreement and barred from applying for or receiving additional funding under the DEAAG program until repayment is made and any other compliance or audit findings are resolved or any issue of non-compliance is cured to the satisfaction of OOG pursuant to this section. F. Grantee shall refund to OOG any sum of money paid to Grantee by OOG, which OOG determines is an overpayment to Grantee, or in the event OOG determines funds spent by Grantee were not an allowable cost of this Project. No refund payment(s) may be made from local, state, or federal grant funds unless statute or regulation specifically permits repayment with grant funds. Such refund shall be made by Grantee to OOG within thirty (30) calendar days after such refund is requested in writing by OOG, or within thirty (30) calendar days of a notice from OOG indicating the request is the result of a final determination that the refund is owed. Page 16 of 27 SECTION 17. AVAILABILITY OF FUNDS. This Agreement is subject to the availability and receipt of funds appropriated by the Texas Legislature that the OOG has allocated to this Agreement. If funds for this Agreement become unavailable during any budget period, the OOG may terminate this Agreement, without penalty, or reduce the amount of this Agreement at the discretion of the OOG. Grantee will have no right of action against the OOG if the OOG cannot perform its obligations under this Agreement as a result of lack of legislative appropriations in amounts sufficient to fund any activities or functions contained within the scope of this Agreement. SECTION 18. MONITORING. OOG or its designee may perform periodic on-site monitoring of Grantee’s compliance with the terms and conditions of this Agreement and of the adequacy and timeliness of Grantee’s performance. After each monitoring visit, OOG will provide Grantee with a written report of the monitor’s findings. If the monitoring report notes deficiencies in Grantee’s performances under the terms of this Agreement, the monitoring report shall include requirements for the timely correction of such deficiencies by Grantee. Failure by Grantee to take action specified in the monitoring report may be cause for termination of this Agreement in accordance with Section 16 of this Agreement. SECTION 19. CONFLICT OF INTEREST A. Grantee shall ensure that no employee, officer, or agent of Grantee shall participate in the selection, award, or administration of a subcontract supported by funds provided hereunder if a conflict of interest, real or apparent, would be involved. Such conflict of interest would arise when: (1) the employee, officer, or agent; (2) any member of his or her immediate family; (3) his or her partner; or, (4) any organization which employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. Grantee shall comply with Texas Local Government Code, Chapter 171. B. No employee, agent, consultant, officer, or elected or appointed official, of either Grantee or of a subcontractor, who exercises or has exercised any functions or responsibilities or is in a position to participate in decision-making or gain inside information in regard to the activities involved in the Project, shall be permitted to have or obtain a financial interest in or benefit from the Project or any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties. SECTION 20. LITIGATION AND CLAIMS A. Grantee shall give OOG immediate notice in writing of any action, including any proceeding before an administrative agency, filed against Grantee arising out the performance of this Agreement. Except as otherwise directed by OOG, Grantee shall immediately furnish to OOG copies of all pertinent papers received by Grantee with respect to such action or claim. Grantee shall notify OOG immediately of any legal action filed against the Grantee or any subcontractor, or of any proceeding filed under the federal bankruptcy code. Grantee shall submit a copy of such notice to OOG within thirty (30) calendar days after receipt. No funds provided under this Agreement may be used in the payment of any costs incurred as the result of any claims, judgments, fines, or settlements. Page 17 of 27 B. OOG and Grantee acknowledge that they are governmental units of the State of Texas and are subject to, and shall comply with, the applicable provisions of the Texas Tort Claims Act, as set out in the Texas Civil Practice and Remedies Code, Section 101.001 et. seq. C. Grantee acknowledges that OOG, the State of Texas, and their employees shall not be held liable for any claims or causes of action whatsoever which may occur in the course of performing the services described in this Agreement, or from the award, cancellation, or withdrawal of this Grant. SECTION 21. NOTICE OF MATERIAL EVENTS. Grantee shall furnish to OOG prompt written notice upon becoming aware or having knowledge of the occurrence of any event or development that has, or would reasonably be expected to have, a material adverse effect on the completion of the Project as described under this Agreement. Under no circumstances shall notice under this section occur more than fifteen (15) calendar days following Grantee receiving knowledge of such event or development. SECTION 22. FORCE MAJEURE. Neither party shall be required to perform any obligation under this 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, flood, natural disaster, or interruption of utilities from external causes. SECTION 23. DISPUTE RESOLUTION A. Informal Meetings. The parties’ representatives shall meet as needed to implement the terms of this Agreement and shall make a good faith attempt to informally resolve any disputes. B. Grantee’s Continued Performance. Grantee shall not be excused from performance during any pending dispute, unless approved in writing by the OOG. SECTION 24. CHANGES AND AMENDMENTS. A. Any alterations, additions, or deletions to the terms of this Agreement shall be by a written amendment executed by both parties. B. During the term of this Agreement, OOG may issue policy directives to establish, interpret, or clarify requirements under this Agreement. Policy directives from OOG shall be binding upon Grantee. SECTION 25. SEVERABILITY. In case any one or more of the parts or provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other parts or provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable parts or provisions had never been contained herein. Page 18 of 27 SECTION 26. ENTIRE AGREEMENT. This Agreement is intended as a full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the 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 Agreement. SECTION 27. CONSTRUCTION. The language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning. The parties acknowledge that each party and its counsel have reviewed this 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 Agreement. Any vague, ambiguous, or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the Agreement. SECTION 28. HEADINGS. The headings of the sections and subsections of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof. SECTION 29. SURVIVAL OF CERTAIN PROVISIONS. Notwithstanding any expiration, termination, or cancellation of this Agreement, the rights and obligations pertaining to repayment of Grant funds or damages, limitation of liability, indemnification, public information, reporting requirements, retention and accessibility of records, audit rights, rights upon termination, and any other provision implying survivability shall remain in effect after this Agreement ends. SECTION 30. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. IN TESTIMONY HEREOF, Grantee and OOG have executed this Defense Economic Adjustment Assistance Agreement in duplicate originals, effective as of the last date contained on the signature lines below. OFFICE OF THE GOVERNOR CITY OF CORPUS CHRISTI _________________________________ ____________________________ Chief of Staff or Designee Peter Zanoni _________________________________ ____________________________ Date Date Page 19 of 27 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND CITY OF CORPUS CHRISTI EXHIBIT A $919,500 Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for actual and allowable allocable costs paid according to the following amounts and budget categories: Budget Category Infrastructure – Purchase of property Infrastructure - Professional & Consultant Services $155,500 Infrastructure – New Construction $720,000 Infrastructure - Rehabilitation and Renovation $44,000 Infrastructure – Capital Equipment1 Infrastructure – Capital Supplies3 Infrastructure – Facilities Insurance Training Equipment2 Training Supplies3 Total $919,500 1 Per UGMS, "Equipment'' means an article of nonexpendable, tangible personal property having a useful life of more than one year and a per unit acquisition cost of $5,000 or more. 2 Id. 3 Per UGMS, items of equipment with a per unit acquisition cost of less than $5,000 are considered to be supplies. Page 20 of 27 GRANT AGREEMENT BETWEEN THE OFFICE OF THE GOVERNOR AND CITY OF CORPUS CHRISTI EXHIBIT B GRANT NARRATIVE UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET MODIFICATIONS, the following narrative provided by Grantee in its DATED grant application applies to this Agreement: The proposed project is to construct and stripe a roadway, restripe the helicopter parking and landing areas, and repair deteriorated pavement in the flight line to ensure flight/ground safety and efficient use of available area to meet a wide range of mission requirements. Also, the proposed project is to install the security elements along the flight line with new fencing and gates to impede, channel or stop unauthorized pedestrian and vehicular traffic. The first part of the project will include work to construct and stripe a new roadway, restripe aircraft parking areas, install one helipad striping, restripe one compass rose and install traffic markings. The requested DEAAG grant for the project includes the following: • approx. 8,000 LF of removal of existing pavement markings; • approx. 40 EA removal of existing traffic markings on the pavement (such as direction arrows and “STOP” markings); • 1 EA design and relocation of oil and water separator; • 1 EA design and relocation of an underground electrical structure; • 1,500 SF of demolition of existing concrete pad in a storage container area; • approx. 18,000 SF of a new 16” reinforced concrete pavement for a 24’ wide roadway; • approx. 6,250 LF of new striping for a 24’ roadway pavement markings; • approx. 40 EA new traffic markings for a 24’ roadway (such as direction arrow and “STOP” markings); • 12 EA removal and 6 EA restriping of aircraft parking markings; • 1 EA removal and new striping of a 100’ x 100’ helipad; • 1 EA removal and restriping of a compass rose (approx. 60’ diameter); • and 20,000 LF of removal and replacement of global joint sealant on the existing pavement. Page 21 of 27 EXHIBIT C UNIFORM STATE GRANT ASSURANCES The Grantee must assure and certify compliance with any and all applicable federal and state statutes, regulations, policies, guidelines and requirements, including, but not limited to, the Uniform Grant Management Standards (UGMS); and Title 1, Part 1, Chapter 4 of the Texas Administrative Code, that govern the application, acceptance and use of Federal and State funds for this project. In instances where multiple requirements apply to a Grantee, the more restrictive requirement applies. By accepting the grant award, the Grantee certifies and assures that it complies and will continue to comply with the following: 1. Grantee possesses legal authority to apply for the grant. A resolution, motion or similar action has been 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 pers on 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. State agencies are not required to adopt a resolution. 2. A grantee must comply with Texas Government Code, Chapter 573, Vernon’s 1994, by ensuring that no officer, employee, or member of the applicant’s governing body or of the applicant’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. 3. A grantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon’s 1994, unless otherwise expressly prohibited by law. 4. A grantee must comply with Texas Government Code, Chapter 551, Vernon’s 1994, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 5. A grantee must comply with Section 231.006, Texas Family Code, which prohibits payments to a person who is in arrears on child support payments. 6. No health and human services agency or public safety or law enforcement agen cy may contract with or issue a license, certificate or permit to the owner, operator or administrator of a facility if the license, permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agen cy. 7. A grantee that is a law enforcement agency regulated by Texas Government Code, Chapter 415, must be in compliance with all rules adopted by the Texas Commission on Law Enforcement Officer Standards and Education pursuant to Chapter 415, Texas Government Code or must provide the grantor agency with a certification from the Texas Commission on Law Enforcement Officer Standards and Education that the agency is in the process of achieving compliance with such rules. 8. 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 local grantees shall maintain an appropriate contract administration system to insure that all terms, conditions. and specifications are met. 9. A grantee must 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 a nd Regulatory Services. Grantees shall also ensure that all program personnel are properly trained and aware of this requirement. 10. Grantees will 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; (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 Page 22 of 27 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. 290 dd-3 and 290 ee-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 seq.), 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 the application. 11. Grantees will 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 sub-agreements. 12. Grantees will 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. 13. Grantees will 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. 14. Grantees will 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 . 15. Grantees will insure that the facilities under its ownership, lease or supervision which shall be utilized in th e accomplishment of the project are not listed on the Environmental Protections 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). 16. Grantees will comply with the flood insurance purchase requirements of 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. 17. Grantees will 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 (Clean Air) Implementation Plans under Section 176(c) of the Clea n 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). 18. Grantees will 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. 19. Grantees will assist the awarding agency in assuring compliance with Section 1 06 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 seq.). 20. Grantees will comply with the Laboratory Animal Welfare Act of 1966 (P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this award of assistance . 21. Grantees will 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. 22. Grantees must 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. 23. Grantees will comply with Public Law 103-277, also known as the Pro-Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. 24. Grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. Page 23 of 27 25. Grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program. 26. The applicant must certify that they are not debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs. Page 24 of 27 EXHIBIT D QUARTERLY PROJECT STATUS REPORT CITY OF CORPUS CHRISTI TMPC GRANT NUMBER: 2020-01-09 Expenditures for Quarter Ending (DATE) Expenditures Description Percentage of Project Completed: Summary of Expenditures to Date: Quarter Ending Expenditures Brief Narrative Explaining Expenditures: Project Status: Grantee’s Duly Authorized Representative: Date: Page 25 of 27 EXHIBIT E PROJECT COMPLETION REPORT CITY OF CORPUS CHRISTI TMPC GRANT NUMBER: 2020-01-09 Locality: DEAAG Grant Number: Percent Completed: The GRANTEE has successfully completed, and in a satisfactory manner, the PROJECT. The purpose of the grant was to GRANT PURPOSE. The total cost for the project is as follows: • Project Total $ • Total $ The following is a brief project scope summary: This is to certify that an inspection of 100% of the completed project described below was conducted on the ___ day of ________, 20__. Contracts were entered into for PROJECT between the GRANTEE and the following subcontractors: [SUBCONTRACTORS.] This is to further certify that any and all Equipment included as part of the grant budget has been purchased with the specified grant purpose, timeline, budget, and all addenda, change orders, and supplemental agreements thereto. NAME OF GRANTEE: _____________________________________________ Signature of Grantee’s Duly Authorized Representative _____________________________________________ Print Name _____________________________________________ Title _____________________________________________Date Page 26 of 27 Exhibit F DEAAG PROJECT IMPACT REPORT Project Name: DEAAG Grant Number: Grantee Name: Address: Telephone: Fax: Contact Person: E-mail: Time Period Covered by Report: to ________ Project Performance Measures: • Create, retain, or train _____ Jobs by the completion of the project • Project Description: • Project Address: Jobs Created Time Period Active Full Time Jobs Created, Retained or Students Trained EX. 01/12 – 03/12 Total Page 27 of 27 Breakdown of Jobs Created Job Type Jobs Created or Retained This Reporting Period Total Jobs Created to Date Direct Permanent Jobs Indirect Permanent Jobs Individuals Trained Total Businesses assisted or created this period: _____________________ Businesses assisted or created to date: _____________________ Project Financial Impact • Narrative summary of Impact: • Update on current Project Status (include curriculum updates): THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF THE GRANTEE. FOR THE GRANTEE: ______________________________ Signature ______________________________ Print Name ______________________________ Title ______________________________ Date Tammy Embrey September 22, 2020 CCAD Flight Line Security Enhancement Project DEAAG Grant Acceptance 1 2 The existing paved roadway on the CCAD Flight Line follows a winding path that causes safety concerns for transport of aircraft, vehicular traffic and airfield operations. Project will: •Construct a new 30 foot wide concrete roadway with 2 twelve foot travel lanes •Remove faded and non-compliant aircraft parking stalls and helipads •Remove and relocate infrastructure in the path of the new roadway •Construct and stripe new aircraft parking, helipads, and other safety measures •CCAD will contribute $1.95 million in security improvements surrounding the hangars and flight line to secure the facility to standards •Address security and safety concerns for the Army to help attract future aircraft platform missions to CCAD DEAAG Project 3 4 5 Project Cost and Leverage PROJECT COST LEVERAGE DOLLARS PERCENTAGE DEAAG $ 919,500.00 30.650% CCAD $ 1,950,000.00 65.000% NASCC $ 38,275.00 1.276% CITY OF CORPUS CHRISTI $ 92,000.00 3.067% AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of September 22, 2020 Second Reading Ordinance for the City Council Meeting of September 29, 2020 ______________________________________________________________________ DATE: September 7, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Business Analysis HeatherH3@cctexas.com (361) 826-3227 CAPTION: Ordinance accepting and appropriating $7,268,376 from the Coronavirus Relief Fund, established by the CARES Act and provided through the State of Texas, for prevention, preparation for, and response to the COVID-19 pandemic SUMMARY: The City of Corpus Christi received $17,960,470 from the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) for Coronavirus Relief Funds (CRF). The City separately allocated and transferred $3,200,000 of the award to Nueces County for expenses related to the public health emergency. In addition, the City and County identified $3,900,000 that will be used for programs and expenses identified by a joint spending plan. This agenda item will appropriate an additional $7,268,376 of the funds for a total appropriation of $10,860,470 to support City expenses and programs related to the public health emergency. 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); Ordinance Appropriating Coronavirus Relief Funds 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. City Council approved the appropriation of the $3,592,094 in June. The City worked with Nueces County to identify the current and expected expenses for the County related to the public health emergency and transferred $3.2M of the grant to the County for these expenses. The City identified current and future expenses of approximately $10.8M related to the public health emergency. The remaining $3.9M of the grant funds will be used to fund expenses and programs identified by both the City and County through a spending plan. 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 City’s entire allocation $17,960,470 less the $3.2M allocated to Nueces County and the $3.9M for future expense 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: 690001F CARES Act CRF Grant Mission Element: n/a Project # (CIP Only): n/a Cost: $7,268,376 RECOMMENDATION: Staff recommends approval of the ordinance to accept and appropriate $7,268,376 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 $7,268,376.00 from the Coronavirus Relief Fund, established by the CARES Act and provided through the State of Texas, 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: The remaining disbursement in the amount of $7,268,376 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 P a g e 1 | 23 CORONAVIRUS RELIEF FUND (CRF) TERMS AND CONDITIONS TEXAS DIVISION OF EMERGENCY MANAGEMENT MAY 11, 2020 P a g e 2 | 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. P a g e 3 | 23 Table of Contents About This 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 P a g e 4 | 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 P a g e 5 | 23 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 to the 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 close-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 Grant Agreement. 1.2 Legal Authority to Apply 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. 1.3 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). 1.4 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. A cost 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 Coronavirus Disease 2019 (COVID-19) 2. 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, P a g e 6 | 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: https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Guidance-for-State-Territorial-Local- and-Tribal-Governments.pdf https://home.treasury.gov/system/files/136/Coronavirus-Relief-Fund-Frequently-Asked-Questions.pdf 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 term s, 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. P a g e 7 | 23 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 of Texas. 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 Non-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 this grant; 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; P a g e 8 | 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, P a g e 9 | 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 or expiration. 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. P a g e 10 | 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 Liability for 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 P a g e 11 | 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 that vendor. 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 Order 13224. 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. P a g e 12 | 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 E-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 Law, 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 Control 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 P a g e 13 | 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, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. 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. 2 Property and Procurement 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 P a g e 14 | 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 of the 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 Under 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. 3 Audit and Records Requirements 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 P a g e 15 | 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 Grant Agreement. 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 https://www.ecfr.gov/cgi-bin/text- idx?tpl=/ecfrbrowse/Title02/2cfr200_main_02.tpl. 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 https://comptroller.texas.gov/purchasing/docs/ugms.pdf.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 of TDEM. 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 P a g e 16 | 23 retention value. 4 Prohibited and Regulated Activities and 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 P a g e 17 | 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. 5 Financial Requirements 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 https://grants.tdem.texas.gov/. 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. P a g e 18 | 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] DATE: September 29, 2020 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police MikeMa@cctexas.com 361-886-2601 Jim Davis, Director of Asset Management JimD@cctexas.com 361-826-1909 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com 361-826-3169 CAPTION: Motion authorizing a two-year service agreement with CAP Fleet Upfitters, LLC, Houston, TX, for a total amount not to exceed $145,274.78 to install retrofitting kits for the secure fit of various equipment in 14 new Ford Utility Vehicles and two Ford F-150s for the Corpus Christi Police Department, with FY 2020 funding available from the Fleet Maintenance Service Fund. SUMMARY: This motion authorizes a two-year service agreement for the installation of retrofitting kits in 14 new Ford Utility Vehicles and two Ford F-150s for the Corpus Christi Police Department (CCPD). Retrofitting kits include emergency accessories and equipment for police marked units and includes lights, full compartment partitions, sirens, push bumpers, and center console keyboard mounting plates. BACKGROUND AND FINDINGS: CCPD is required to purchase this equipment and retrofitting due to the new body style of the 2020 Ford Police Interceptor Utility Units. The equipment from previous units will not fit into this new body style as the vehicle interior is built larger and the existing equipment will not securely fit the new model’s compartments . The two Ford F-150s will Retrofitting for New PD Vehicles AGENDA MEMORANDUM Action Item for the City Council Meeting September 29, 2020 be used in the police department’s K-9 Unit. The equipment from the previous K-9 Units will also not fit into these trucks. All units will include the same equipment. This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with Local and State procurement requirements. ALTERNATIVES: An alternative is to not purchase the vehicles leaving the department with insufficient vehicles requiring the new retrofitting to patrol the streets of Corpus Christi and Canine Officers unable to respond to calls for service requiring a canine. FISCAL IMPACT: The fiscal impact for FY 2020 is an amount of $145,274.78 with funding from the Fleet Maintenance Service Fund. FUNDING DETAIL: Fund: 5110 Fleet Maint Svc Organization/Activity: 40120 Equipment Purchases-Fleet Mission Element: 202 Maintain the Fleet Project # (CIP Only): N/A Account: 550020 Vehicles & Machinery RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year service agreement with CAP Fleet Upfitters, LLC as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Service Agreement City of Corpus Christi Price Sheet Contracts and Procurement Upfitting for New PD Vehicles Senior Buyer: Cindy Ramos BuyBoard 601-19 Qty UOM Unit Price Total 14 EA $ 2,693.69 $ 37,711.66 14 EA $ 0.00 $ 0.00 14 EA $ 0.00 $ 0.00 14 EA $ 0.00 $ 0.00 14 EA $ 0.00 $ 0.00 14 EA $ 0.00 $ 0.00 14 EA $ 0.00 $ 0.00 14 EA $ 0.00 $ 0.00 28 EA $ 71.40 $ 1,999.20 28 EA $ 60.18 $ 1,685.04 14 EA $ 43.61 $ 610.54 28 EA $ 120.54 $ 3,375.12 14 EA $ 5.61 $ 78.54 28 EA $ 82.32 $ 2,304.96 14 EA $ 540.00 $ 7,560.00 14 EA $ 24.71 $ 345.94 14 EA $ 21.47 $ 300.58 14 EA $ 643.30 $ 9,006.20 14 EA $ 909.30 $ 12,730.20 14 EA $ 335.30 $ 4,694.20 14 EA $ 188.30 $ 2,636.20 14 EA $ 279.30 $ 3,910.20 14 EA $ 328.30 $ 4,596.20 14 EA $ 100.00 $ 1,400.00 14 EA $ 2,900.00 $ 40,600.00 14 EA $ 150.00 $ 2,100.00 14 EA $ 295.00 $ 4,130.00 14 EA $ 50.00 $ 700.00 14 EA $ 100.00 $ 1,400.00 14 EA $ 100.00 $ 1,400.00 145,274.78$ Description 48" LEGACY FULLY POPULATED W/SMOKE LENSES W/TAKEDOWNS & ALLEYS (DRIVER SIDE RED/WHITE FRONT; RED/AMBER REAR; PASSENGER BLUE/WHITE FRONT; BLUE/AMBER REAR); CCSRN5 CARBIDE SIREN; SA315P SPEAKER; SAK*; STPKT* 48" WC LEGACY DUO BAR W/SMOKED LENSES - Fully Populated WITH TAKEDOWNS AND ALLEYS CARBIDE SIREN SYS W/ CANPORT SA315P SPEAKER, BLACK PLASTIC STRAPKIT #105 2020+ FORD PIU SA-315 MT KIT EXPLORER DRVR 20+ PI UTILITY CANTROL CONTROLLER 21 PUSH-BUTTON, 4- POSITION SLIDE SWTICH 2020 FORD PIU CARBIDE CANTROL INSTALL KIT ION LIGHT RED/BLUE VERTEX SUPER-LED SPLIT RED/BLU SOLID STATE BRAKE LT. FLASHER INTERSECTOR UNDER MIRROR/SURFACE MOUNT LIGHT W/IN LINE FLASHER, 3 WEDGES, 2 CURVED SURFACE ADAPTORS, 18 LEDS, RED/BLUE Replacement Curved Surface Adaptors for Intersector - 1- Driver & 1-Passenger w/ Mounting Hardware - Universal POWER DISTRIBUTION KIT SHIPPING & HANDLING ALL CAP FLEET INSTALLATIONS COME WITH AGENCY LIFETIME WARRANTY Dual T-Rail Mount 2 Universal XL BLACK EXTINGUISHER BOX WITH YELLOW VELCRO STRAP LABOR SHOP SUPPLIES CAP FLEET WIRING HARNESS #10VS RP C Horizontal Sliding Window Coated Polycarbonate With Vinyl Coated Expanded Metal Window Security Screen Recessed Panel Partition TM (Tall Man) Full REPLACEMENT Transport Seat TPO Plastic With SETINA SMARTBELT SYSTEM Cargo Area Rear Partition #12VS Stationary Window Coated Polycarbonate Window Barrier VS Steel Vertical PB400 VS Bumper Full Bumper Aluminum MPOWER 4" QUICK MOUNT DUAL COLOR RED/BLUE 2020 Ford Interceptor SUV "SHORTY" center console (flip forward lid) INCLUDES ARM REST PAD. Relocates rear a/c and parking brake switch. NOTES: plastix plus est 5851 Summit Remote, 5300 1-PIECE EQUIPMENT MOUNTING BRACKET, 4" MOUNTING SPACE, FITS WHELEN CENCOM,CCSRN,CCSRNTA,MPC03 CAP Fleet Upfitters, LLC GRAND TOTAL Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 9, 2020 SERVICE AGREEMENT NO. 83785 Upfitting for New Police Department Vehicles THIS Upfitting for New Police Department Vehicles Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and CAP Fleet Upfitters, LLC (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Upfitting for New Police Department Vehicles in response to Request for Bid/Proposal No. Buy Board 524-17&601-19/83785 (“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 Upfitting for New Police Department Vehicles (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for two years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to 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 $145,274.78, 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: DocuSign Envelope ID: 106A9D80-38D4-45EC-8118-E33A030FC49C Service Agreement Standard Form Page 2 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: Matthew Cayton Department: General Services Department Phone: 361-826-3877 Email: MatthewC2@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. DocuSign Envelope ID: 106A9D80-38D4-45EC-8118-E33A030FC49C Service Agreement Standard Form Page 3 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. DocuSign Envelope ID: 106A9D80-38D4-45EC-8118-E33A030FC49C Service Agreement Standard Form Page 4 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: Mathew Cayton Title: Vehicle Pool Supervisor Address: 5352 Ayers Street, Building 5, Corpus Christi, Texas 78415 Phone: 361-826-3877 Fax: N/A IF TO CONTRACTOR: CAP Fleet Upfitters, LLC Attn: Zach Cayton Title: Sales Rep Address: 4911 Fulton, Houston, Texas 77009 Phone: 832-203-5658 Fax: N/A DocuSign Envelope ID: 106A9D80-38D4-45EC-8118-E33A030FC49C Service Agreement Standard Form Page 5 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. DocuSign Envelope ID: 106A9D80-38D4-45EC-8118-E33A030FC49C Service Agreement Standard Form Page 6 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. DocuSign Envelope ID: 106A9D80-38D4-45EC-8118-E33A030FC49C Service Agreement Standard Form Page 7 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 1: RFB/RFP No. Buy Board 524-17&601-19/83785 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 106A9D80-38D4-45EC-8118-E33A030FC49C 9/1/2020 General Manager Zach Cayton ATTACHMENT A: SCOPE OF WORK Page 1 of 1 Scope of Work: 1. The Contractor shall supply and install 16 upfitting kits for use in 14ea 2020 Pl Utility and 2ea 2020 Ford F-150’s for the Corpus Christi Police Department to place the units in service at the appropriate time. Upfitting is the term used to describe the installation of accessories and equipment that go in Police Marked units which includes but is not limited to such items as lights, full compartment partitions, sirens, push bumpers, and center console keyboard mounting plates. Please refer to Attachment B for an itemized list of all parts, equipment and services that must be included in the upfitting kits. 2. The installation of the upfitting equipment will be performed offsite in accordance with applicable, current and recognized standards. The Contractor will not need to come onto City property to perform the installation. City staff will provide for the delivery and return of the vehicles selected for upfitting. DocuSign Envelope ID: 106A9D80-38D4-45EC-8118-E33A030FC49C Quote Date Quote # 08/31/2020 CAPQ58785CAP Fleet Upfitters, LLC 4911 Fulton Houston, TX 77009 Phone: 832-203-5658 Ship to: 5352 Ayers St Bldg 5 Corpus Christi, TX 78415 Make : Model :VIN : CCPD FY19 PI UTILITY X19 Email : Salesperson:Year : zcayton@capfleetupfitters.com Name / Address 5352 Ayers St Bldg 5 Corpus Christi, TX 78415 End User: Zach Cayton Part #Qty Description Unit Price Total 2020 FORD PIU X14 BUY BOARD 524-17 CONTRACT # 601-19 ++ LIGHTING ++ LGYSMK48DUOCAR -DE 14 48" LEGACY FULLY POPULATED W/SMOKE LENSES W/TAKEDOWNS & ALLEYS (DRIVER SIDE RED/WHITE FRONT; RED/AMBER REAR; PASSENGER BLUE/WHITE FRONT; BLUE/AMBER REAR); CCSRN5 CARBIDE SIREN; SA315P SPEAKER; SAK*; STPKT* NOTES: LIST PRICE 2777.00 3% OFF $ 2,693.69 $ 37,711.66 GBS8DEDE 14 48" WC LEGACY DUO BAR W/SMOKED LENSES - Fully Populated WITH TAKEDOWNS AND ALLEYS $ 0.00 $ 0.00 CCSRN5 14 CARBIDE SIREN SYS W/ CANPORT $ 0.00 $ 0.00 SA315P 14 SA315P SPEAKER, BLACK PLASTIC $ 0.00 $ 0.00 STPKT105 14 STRAPKIT #105 2020+ FORD PIU $ 0.00 $ 0.00 SAK66D 14 SA-315 MT KIT EXPLORER DRVR 20+ PI UTILITY $ 0.00 $ 0.00 CANCTL7 14 CANTROL CONTROLLER 21 PUSH-BUTTON, 4- POSITION SLIDE SWTICH $ 0.00 $ 0.00 CC5K4 14 2020 FORD PIU CARBIDE CANTROL INSTALL KIT $ 0.00 $ 0.00 IONJ 28 ION LIGHT RED/BLUE NOTES: REAR CARGO SIDE GLASS list price 140.00 $ 71.40 $ 1,999.20 VTX609J 28 VERTEX SUPER-LED SPLIT RED/BLU NOTES: TAIL LIGHTS list price 118.00 49% OFF $ 60.18 $ 1,685.04 SSF5150D 14 SOLID STATE BRAKE LT. FLASHER NOTES: list price 89.00 49% OFF $ 43.61 $ 610.54 ENT2B3J 28 INTERSECTOR UNDER MIRROR/SURFACE MOUNT LIGHT W/IN LINE FLASHER, 3 WEDGES, 2 CURVED SURFACE ADAPTORS, 18 LEDS, RED/BLUE NOTES: list price 287.00 58% OFF $ 120.54 $ 3,375.12 PNT1CRV01 14 Replacement Curved Surface Adaptors for Intersector - 1- Driver & 1-Passenger w/ Mounting Hardware - Universal NOTES: list price 12.00 58% OFF $ 5.61 $ 78.54 EMPS2QMS4J 28 MPOWER 4" QUICK MOUNT DUAL COLOR RED/BLUE NOTES: LIST PRICE 196.00 58% OFF $ 82.32 $ 2,304.96 ++ CONSOLE ++ PP-2020-FINT-SUV- S 14 2020 Ford Interceptor SUV "SHORTY" center console (flip forward lid) INCLUDES ARM REST PAD. Relocates rear a/c and parking brake switch. NOTES: plastix plus est 5851 $ 540.00 $ 7,560.00 WWW.CAPFLEETUPFITTERS.COM Page 1 of 3 ATTACHMENT B: QUOTE/PRICING SCHEDULE DocuSign Envelope ID: 106A9D80-38D4-45EC-8118-E33A030FC49C Quote Date Quote # 08/31/2020 CAPQ58785CAP Fleet Upfitters, LLC 4911 Fulton Houston, TX 77009 Phone: 832-203-5658 Ship to: 5352 Ayers St Bldg 5 Corpus Christi, TX 78415 Make : Model :VIN : CCPD FY19 PI UTILITY X19 Email : Salesperson:Year : zcayton@capfleetupfitters.com Name / Address 5352 Ayers St Bldg 5 Corpus Christi, TX 78415 End User: Zach Cayton Part #Qty Description Unit Price Total 425-6308 14 Summit Remote, 5300 NOTES: list price 41.18 40% OFF $ 24.71 $ 345.94 C-EB40-CCS-1P 14 1-PIECE EQUIPMENT MOUNTING BRACKET, 4" MOUNTING SPACE, FITS WHELEN CENCOM,CCSRN,CCSRNTA,MPC03 $ 21.47 $ 300.58 ++ PRISONER EQUIPMENT ++ PK0419ITU20TM 14 #10VS RP C Horizontal Sliding Window Coated Polycarbonate With Vinyl Coated Expanded Metal Window Security Screen Recessed Panel Partition TM (Tall Man) NOTES: LIST PRICE 919.00 30% OFF $ 643.30 $ 9,006.20 QK2121ITU20 14 Full REPLACEMENT Transport Seat TPO Plastic With SETINA SMARTBELT SYSTEM NOTES: LIST PRICE 1299.00 30% OFF $ 909.30 $ 12,730.20 PK0316ITU202ND 14 Cargo Area Rear Partition #12VS Stationary Window Coated Polycarbonate NOTES: LIST PRICE 479.00 30% OFF $ 335.30 $ 4,694.20 WK0514ITU20 14 Window Barrier VS Steel Vertical NOTES: LIST PRICE 269.00 30% OFF $ 188.30 $ 2,636.20 ++ EXTERIOR ++ BK0534ITU20 14 PB400 VS Bumper Full Bumper Aluminum NOTES: list price 399.00 30% OFF $ 279.30 $ 3,910.20 ++ GUNLOCK ++ GK10342USSCAXL 14 Dual T-Rail Mount 2 Universal XL NOTES: LIST PRICE 469.00 30% OFF $ 328.30 $ 4,596.20 ++ MISC ++ PP EXTINGUISHER BOX 14 BLACK EXTINGUISHER BOX WITH YELLOW VELCRO STRAP NOTES: PLASTIX PLUS EST 5851 BOLT DOWN TO $ 100.00 $ 1,400.00 CSLABOR 14 CUSTOMER SUPPLED PARTS LABOR NOTES: INSTALL CUSTOMER SUPPLIED RADARS, CAMERAS, COMPUTER MOUNTS, RADIOS, AND $ 0.00 $ 0.00 LABOR 14 LABOR $ 2,900.00 $ 40,600.00 SSUPPLY 14 SHOP SUPPLIES $ 150.00 $ 2,100.00 CAPHARNESS 14 CAP FLEET WIRING HARNESS $ 295.00 $ 4,130.00 PDKIT 14 POWER DISTRIBUTION KIT $ 50.00 $ 700.00 SHIP 14 SHIPPING & HANDLING $ 100.00 $ 1,400.00 INSPECT 14 ALL CAP FLEET INSTALLATIONs COME WITH AGENCY LIFETIME WARRANTY $ 100.00 $ 1,400.00 WWW.CAPFLEETUPFITTERS.COM Page 2 of 3 DocuSign Envelope ID: 106A9D80-38D4-45EC-8118-E33A030FC49C Quote Date Quote # 08/31/2020 CAPQ58785CAP Fleet Upfitters, LLC 4911 Fulton Houston, TX 77009 Phone: 832-203-5658 Ship to: 5352 Ayers St Bldg 5 Corpus Christi, TX 78415 Make : Model :VIN : CCPD FY19 PI UTILITY X19 Email : Salesperson:Year : zcayton@capfleetupfitters.com Name / Address 5352 Ayers St Bldg 5 Corpus Christi, TX 78415 End User: Zach Cayton Part #Qty Description Unit Price Total CS_Note 14 ** DISCLAIMER - LABOR PRICING IS ONLY GOOD FOR ALL PRODUCTS AND SERVICES INCLUDED IN THIS $ 0.00 $ 0.00 WWW.CAPFLEETUPFITTERS.COM Page 3 of 3 $ 145,274.78Subtotal This quote is good for 30 days from date of quote. I hereby authorize the install work therein set forth to be done by CAP Fleet Upfitters, together with the furnishing by CAP Fleet Upfitters of the necessary parts and other material for such install and agree that CAP Fleet Upfitters is not responsible for any delays caused by unavailability or delayed availability of parts or material for any reason; that CAP Fleet Upfitters neither assumes or authorizes any other person to assume for CAP Fleet Upfitters any liability in connection with such install; that CAP Fleet Upfitters shall not be responsible for loss or damage to the above vehicle, or articles left therein; in case of fire, theft, any Act of God, or other cause beyond CAP Fleet Upfitters control; that CAP Fleet Upfitters employees may operate the above vehicle on streets, highways, or elsewhere for the purpose of testing and/or inspecting such vehicle. Tax $ 0.00 Grand $ 145,274.78 QUOTES ARE GOOD FOR 30 DAYS. PLEASE SIGN BELOW IF ALL ITEMS & QUANTITIES ARE APPROVED. X DocuSign Envelope ID: 106A9D80-38D4-45EC-8118-E33A030FC49C Page 1 of 3 ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence GARAGE KEEPERS PHYSICAL DAMAGE COVERAGE including: 1.Physical Damage on a Direct Primary Basis Actual Cash Value of Vehicles While in Care, Custody or Control C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II.ADDITIONAL REQUIREMENTS DocuSign Envelope ID: 106A9D80-38D4-45EC-8118-E33A030FC49C Page 2 of 3 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. DocuSign Envelope ID: 106A9D80-38D4-45EC-8118-E33A030FC49C Page 3 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. BOND REQUIREMENTS: No bonds are required, therefore, Service Agreement 83785, Section 5 Insurance; Bonds subsection 5(B), is hereby void. 2020 Insurance Requirements Ins. Req. Exhibit 4-G Contracts for General Services – Services Performed Offsite – Garage Keepers 04/14/2020 Risk Management – Legal Dept. DocuSign Envelope ID: 106A9D80-38D4-45EC-8118-E33A030FC49C Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS Warranty is lifetime and covers the worksmanship (wiring on the aftermarket, and installation of the parts). The manufacture warranty covers the items that are installed in the vehicle. DocuSign Envelope ID: 106A9D80-38D4-45EC-8118-E33A030FC49C Council Presentation 09.29.2020 1 Corpus Christi Police Department Retrofitting of Police Vehicles 2 Corpus Christi Police Department Retrofitting of Police Vehicles Police Interceptor SUV 3 Corpus Christi Police Department Retrofitting of Police Vehicles Light bar and siren Push bumpers 4 Corpus Christi Police Department Retrofitting of Police Vehicles Full compartment partitions 5 Corpus Christi Police Department Retrofitting of Police Vehicles Center console keyboard mounting plates DATE: September 29, 2020 TO: Peter Zanoni, City Manager FROM: Billy Delgado, Emergency Management Coordinator BillyD@cctexas.com (361) 826-1106 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing a two-year service agreement with three one-year options to MPACT Strategic Consulting LLC of Houston, TX, in amount up to $100,000.00 for each year and a total amount not to exceed $500,000.00 including the renewal options for professional services with assistance in disaster recovery and emergency response grant services to be used on an as needed basis, with funding dependent on grant awards. SUMMARY: This motion authorizes a two-year service agreement with MPACT Strategic Consulting LLC to assist with disaster recovery and emergency response grant services to be used on an as needed basis. These services include document review of current City disaster recovery and emergency response practices, analyzing data, and providing consultative services to maximize grant funding awarded to the City from federal and state agencies. BACKGROUND AND FINDINGS: The City of Corpus Christi is a coastal town with a history of being impacted by natural disasters such as hurricanes and coastal flooding. In the past five years, the City has experienced three federally declared disasters that include the 2015 Texas May Flood Event, 2017 Hurricane Harvey, and 2020 COVID-19 pandemic. A potential fourth Disaster Recovery and Emergency Response Grant Services AGENDA MEMORANDUM Action Item for the City Council Meeting September 29, 2020 federally declared disaster could include Hurricane Hanna that is pending presidential confirmation. As a result of these major events, the City is seeking professional consultative services to maximize grant funding awarded to the City from federal and state agencies. This includes document review of current City disaster recovery and emergency response practices. Additionally, after a review of Hurricane Harvey documentation and the City’s close out process, the audit revealed that the City did not maximize receiving grant awards on all available funding. This service agreement will allow the City to maximize on all available resources which will lead to a more efficient recovery efforts. The Contracts and Procurement Department conducted a competitive Request for Proposals process to obtain proposals from qualified firms to provide disaster recovery and emergency response grant services. The evaluation committee included City staff from the City Manager’s Office and the Office of Emergency Management. The City received 11 proposals and evaluated them against the published criteria. The City considered four firms as finalists, interviews were conducted, and pricing was evaluated. The final scores were tabulated for each firm to determine the highest -ranking firm offering the best value to the City. Staff is recommending award to MPACT Strategic Consulting LLC as the highest-ranking firm. MPACT has 13 years of extensive experience providing recovery relief and assisting coastal communities with services throughout disaster events. These professional services will be used on an as needed basis in the event of a disaster emergency. ALTERNATIVES: The City may choose to administer grant services disaster recovery and emergency response grant services; however, with the expert knowledge from MPACT Strategic Consulting LLC, the City will be able to take advantage of all grant services available. FISCAL IMPACT: Funding for professional services with be available through grant funding that is awarded to the City. MPACT Strategic Consulting LLC will be applying for available grants in the event of a disaster and emergency. Funding will be dependent on grants awarded. RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year service agreement with three one-year option years with MPACT Strategic Consulting LLC as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Scoring Sheet RFP 3108 - Disaster Recovery & Emergency Response Grant Services Sr. Buyer: Minerva Alvarado Proposal Evaluation MPACT Strategic Consulting LLC Witt O'Briens Tetra Tech, Inc. Broaddus & Associates H2O Partners Disaster Program & Operations, Inc. iParametrics Ernst & Young, LLP Thompson Consulting Services Plexos Group Brenco LLC Minimum Requirements (Pass/Fail) Required three years in business No outstanding lawsuits during last 5 years No outstanding regulatory issues last 5 years No current litigation with the City during last 5 years References Provided for firm Technical Proposal Technical Proposal (50 points) Firms' Experience (18 pts) Team Experience (18 pts) Understanding of Project Scope (14 pts) Interview (30 points) Firms' Experience (8 pts) Team Identifictgion (10 pts) Understanding of Project Scope (12 pts) Price (20 points)19 20 19 17 95 92 92 87 Pass 40 Pass 43 Pass 41 Pass 45 Pass 44 Pass 48 28 Pass 46 27 Pass 46 26 Pass 47 23 Pass 45 Fail SERVICE AGREEMENT NO. 3108 Disaster Recovery & Emergency Response Grant Services THIS Disaster Recovery & Emergency Response Grant Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ("City") and MPACT Strategic Consulting LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Disaster Recovery & Emergency Response Grant Services in response to Request for Bid/Proposal No. 3108 ("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 Disaster Recovery & Emergency Response Grant 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 two years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department. The parties may mutually extend the term of this Agreement for up to three additional one-year periods ("Option Period(s)"), provided, the parties do so by written amendment prior to the expiration of the original term or the then-current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $200,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the 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 -Federal Funding Page 1 of 8 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41C4-B8EC-EB4ECA2C89FC 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 isresponsible for approval of all phases of performance and operations under thisAgreement, including deductions for non-performance and authorizations forpayment. The City's Contract Administrator for this Agreement is as follows: Yvette Mendoza Executive Department 36 1-826-387 4 YvetteM2@cctexas.com 5.Insurance; Bonds. (A)Before performance can begin under this Agreement, the Cont ractor mustdeliver a certificate of insurance ("COi"), as proof of the required insurancecoverages, 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 intentnot 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 ofthe City Manager's written request. Insurance requirements are as stated inAttachment C, the content of which is incorporated by reference into thisAgreement as if fully set out here in its entirety. (B)In the event a payment bond, a performance bond, or both, are required ofthe Contractor to be provided to the City under this Agreement beforeperformance can commence, the terms, conditions, and amounts required in thebonds and appropriate surety information are as included in the RFB/RFP or asmay be added to Attachment C, and such conten t is incorporated here in thisAgreement by reference as if each bond's terms, conditions, and amounts werefully set out here in its entirety. 6.Purchase Release Order. For multiple-release purchases of Services to beprovided by the Contractor over a period of time, the City will exercise its right tospecify time, place and quantity of Services to be delivered in the followingmanner: any City department or division may send to Contractor a purchaserelease order signed by an authorized agent of the department or division. Thepurchase release order must refer to this Agreement, and Services will not berendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form -Federal Funding Page 2 of 8 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41C4-B8EC-EB4ECA2C89FC 7.Inspection and Acceptance. Any Services that are provided but not accepted bythe City must be corrected or re-worked immediately at no charge to the City. Ifimmediate correction or re-working at no charge cannot be made by theContractor, a replacement service may be procured by the City on the openmarket and any costs incurred, including additional costs over the item'sbid/proposal price, must be paid by the Contractor within 30 days of receipt ofCity's invoice. 8.Warranty. (A)The Contractor warrants that all products supplied under this Agreementare 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 cleartitle to the products and that the products are free of liens or encumbrances. (B)In addition, the products purchased under this Agreement shall bewarranted by the Contractor or, if indicated in Attachment D by themanufacturer, for the period stated in Attachment D. Attachment D is attachedto this Agreement and is incorporated by reference into this Agreement as if fullyset out here in its entirety. (C)Contractor warrants that all Services will be performed in accordancewith the standard of care used by similarly situated contractors performing similarservices. 9.Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/PricingSchedule are estimates only and do not obligate the City to order or accept morethan the City's actual requirements nor do the est imates restrict the City fromordering less than its actual needs during the term of the Agreement and includingany Option Period. Substitutions and deviations from the City's productrequirements or specifications are prohibited without the prior written approval ofthe Contract Administrator. 10.Non-Appropriation. The continuation of this Agreement after the close of anyfiscal year of the City, which fiscal year ends on September 30th annually, is subjectto appropriations and budget approval specifically covering this Agreement asan expenditure in said budget, and it is within the sole discretion of the City's CityCouncil to determine whether or not to fund this Agreement. The City does notrepresent that this budget item will be adopted, as said determination is within theCity Council's sole discretion when adopting each budget. 11.Independent Contractor. Contractor will perform the work required by thisAgreement as an independent contractor and will furnish such Services in its ownmanner 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 -Federal Funding Page 3 of 8 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7B C-7CD3-41C4-B8EC-EB4ECA2C89FC 12.Subcontractors. Contractor may use subcontractors in connection with the workperformed under this Agreement. When using subcontractors, however, theContractor must obtain prior written approval from the Contract Administrator ifthe subcontractors were not named at the time of bid or proposal, as applicable.In using subcontractors, the Contractor is responsible for all their acts andomissions to the same extent as if the subcontractor and its employees wereemployees 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 applicableto all subcontractors and their employees to the same extent as if the Contractorand its employees had performed the work. 13.Amendments and Changes. This Agreement may be amended or modified onlyby written change order signed by both parties. Ch ange orders may be used tomodify quantities as deemed necessary by the City. Any changes that alter themethod, price, or schedule of work must be allowable, allocable, within the scopeof any federal grant or cooperative agreement, and reasonable for thecompletion of the project scope. 14.Waiver. No waiver by either party of any breach of any term or condition of thisAgreement waives any subsequent breach of the same. 15.Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICAtaxes, unemployment taxes and all other related taxes. Upon request, the CityManager shall be provided proof of payment of these taxes within 15 days of suchrequest. 16.Notice. Any notice required under this Agreement must be given by fax, handdelivery, or certified mail, postage prepaid, and is deemed received on the dayfaxed or hand-delivered or on the third day after post mark if sent by certified mail.Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Yvette Mendoza Assistant to Chief of Staff 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-387 4 Fax: n/a IF TO CONTRACTOR: MP ACT Strategic Consulting LLC Attn: Spurgeon Robinson President 4635 Southwest Freeway, Suite 700, Houston, TX 77027 Phone: 866-36 1-7 6 l l ext. 700 Service Agreement Standard Form -Federal Funding Page 4 of 8 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41C4-B8EC-EB4ECA2C89FC Fax: n/a 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (''INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18.Termination. (A)Termination for Cause. The City Manager may terminate this Agreement forContractor's failure to comply with any of the terms of this Agreement. TheContract Administrator must give the Contractor written notice of the breach andset out a reasonable opportunity to cure. If the Contractor has not cured withinthe cure period, the City Manager may terminate this Agreement immediatelythereafter. (B)Termination for Convenience. Alternatively, the City Manager may terminatethis Agreement for convenience upon 30 days advance written notice to theContractor. The City Manager may also terminate this Agreement upon 24 hourswritten notice to the Contractor for failure to pay or provide proof of payment oftaxes as set out in this Agreement. In the event of termination for convenience,the Contractor will be compensated for all Services performed prior to the dateof termination. The City shall have no further obligations to the Contractor. Service Agreement Standard Form -Federal Funding Page 5 of 8 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41 C4-B8EC-EB4ECA2C89FC 19.Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20.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 con sidered 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 prov ision or part had been omitted. 23.Order of Precedence. In the event of any conflicts or incon sistencie s 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 and exhibits; 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. 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 Service Agreement Standard Form -Federal Funding Page 6 of 8 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41C4-B8EC-EB4ECA2C89FC 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. 28.Federal Funding Requirements. This project is subject to the applicable federal contracting requirements of the federal agency providing funding for this Agreement. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as the federal agencies may by appropriate instructions require and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. [Signature Page Follows] Service Agreement Standard Form -Federal Funding Page 7 of 8 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 Service Agreement Standard Form – Federal Funding Page 8 of 8 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _____ Kim Baker Director of Contracts and Procurement Date: APPROVED AS TO LEGAL FORM _________________________________________________ Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 3108 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 Spurgeon Robinson 9/17/2020 President DocuSign Envelope ID: D569E7BC-7CD3-41 C4-B8EC-EB4ECA2C89FC Attachment A: Scope of Work 1.General RequirementsThe Contractor shall assist the City in the process of gaining federal and stateassistance related to Disaster Recovery and Emergency Response GrantServices on an as needed, as directed basis. 2.Scope of WorkThe Contractor shall provide grant services that may inc lude but are notlimited to the following: A.The Contractor's work will include grant administration, audits, andmonitoring. B.The Contractor shall assist the City with the administration of DisasterRecovery and Emergency Response Grant programs with federal andstate agencies to include but not limited to: Federal EmergencyManagement Agency (FEMA), Texas Division of Emergency Management(TDEM), Texas General Land Office (GLO) an d other Federal, State orLocal programs and projects contemplated by Project Worksheets (PWs). C.The Contractor shall attend meetings, as direct ed by the City, with FEMA,TDEM, and other agencies in conjunction with an on behalf of the City. D.The Contractor shall collaborate with the City and other agencies onproject formulation, including damage assessments (field teamassessment of damages including a comprehensive list of damagedstructures, contents, etc.); Information gathering (photo-document damages, gather records, drawings, insurance policies, historicalphotos/videos, etc.); project development (define both small and largeprojects' scope, size, and damages, including cost estimating that will bethe basis of each PW) project submittals (draft and submit small and largeproject PWs to TDEM/FEMA). basis of each PW) project submittals (draftand submit small and large project PWs to TDEM/FEMA). E.The Contractor shall proactively identify opportun ities to maximize PublicAssistance and Post-Disaster Mitigation funding with the current regulatoryframework. F.The Contractor shall provide ongoing guidance to maximize PublicAssistance funding. Page 1 of 3 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41 C4-B8EC-EB4ECA2C89FC G.The Contractor shall coordinate and manage deliverables with variousFederal and state agencies to include TDEM, FEMA, and other agencies. H.The Contractor shall assist with gathering and submitting grants quarterlyreporting to applicable federal and state agencies to include TDEM,FEMA, and /or other Federal, State and Local agencies. I.The Contractor shall generate and submit time extension requests toFEMA and /or other Federal and State grants and TDEM when necessaryso that eligibility is not forfeited. J.The Contractor shall assist with insurance claim submission and tracking inrelation to projects submitted to federal and st ate agencies to avoidduplication of benefits and documents final amount of insuranceproceeds applied to each project. K.The Contractor shall assist in compiling the necessary legal documents forproper filing. L.The Contractor shall advise on required document retention strategies. M.The Contractor shall coordinate with local government staff to obtain allcost and necessary backup documentation to develop, revise, andsubmit PWs. N.The Contractor shall track status of federal and state agenciesreimbursement and serve as a co-liaison between FEMA/other agenciesand local government. 0.The Contractor shall assist in responding to Requests for Information fromFEMA and or other agencies. P.The Contractor shall assist with the submission of appeals Federal, Stateand Local agencies. Q.The Contractor shall provide detailed and periodic management reportson the status of PWs including development, revisions,submissions/approvals, open issues, financial overview, etc. R.The Contractor shall provide finance reports showing the projectedschedule for reimbursement requests and the actual status ofreimbursements received and provide financial documentation for theComprehensive Annual Financial Report (CAFR) audits. Page 2 of 3 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41 C4-B8EC-EB4ECA2C89FC S.The Contractor shall assist with the preparation of public procurementdocumentation and providing additional procurement assistance asneeded. T.The Contractor shall assist with developing program guidelines, policies,procedure, implementation plans, or other pertinent documents. U.The Contractor shall research, develop, and prepare grant applicationsand other applicable public assistance documents. V.The Contractor shall review data and records for compliance withFederal, State or Local requirements. W.The Contractor shall research, monitor, report ing, document, manage,analyze, assess, design, and other work related to disaster recovery,disaster planning, disaster mitigation, and public assistance. X.The Contractor shall advise on the management of the closeout process. Page 3 of 3 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41C4-B8EC-EB4ECA2C89FC CITY OF CORPUS CHRISTI Pricing Form CONTRACTS AND PROCUREMENT DEPARTMENT RFP No. 3108 Disaster Recovery and Emergency Response Management Services DATE: 9/8/2020 MPACT strategic consulting LLC PAGE 1 OF 1 PROPOSER 'ttO"'!IGNATURE 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. •Please note some tasks may be performed on a lump sum basis calculated utilizing hourly rates and actual cost for the related reimbursables. Item Description Hourly Rate 1 Burdened Hourly Rate $135.00 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41 C4-B8EC-EB4ECA2C89FC Attachment C: Insurance and Bond Requirement A.CONTRACTOR'S LIABILITY INSURANCE 1.Contractor must not commence work under this contract until all insurancerequired has been obtained_and such insurance has been approved by the City.Contractor must not allow any subcontractor, to commence work until all similarinsurance required of any subcontractor has been obtained. 2.Contractor must furnish to the City's Risk Manager and Contract Administer one( 1)copy of Certificates of Insurance with applicable policy endorsementsshowing the following minimum coverage by an insurance company(s)acceptable to the City's Risk Manager. The City must be listed as an additionalinsured on the General liability and Auto Liability policies by endorsement, and awaiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project nameand/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material Per occurrence -aggregate change or termination required on all certificates and policies. ERRORS & OMISSIONS $1,000,000 Per Occurrence $1,000,000 Aggregate 3.In the event of accidents of any kind related to this contract, Contractor mustfurnish the Risk Manager with copies of all reports of any accidents within 10 daysof the accident. B.ADDITIONAL REQUIREMENTS 1.Applicable for paid employees, Contractor mu st obtain workers' compensation coverage through a licensed insurance company. The coverage must be writtenon a policy and endorsements approved by the Texas Department of Insurance.The workers' compensation coverage provided must be in statutory amountsaccording to the Texas Department of Insurance, Division of Workers'Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2.Contractor shall obtain and maintain in full force and effect for the duration ofthis Contract, and any extension hereof, at Con tractor's sole expense, insurancecoverage written on an occurrence basis by companies authorized and Page 1 of 3 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41 C4-B8EC-EB4ECA2C89FC admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. 3.Contractor shall be required to submit renewal certificates of insurancethroughout the term of this contract and any extensions within l O days of thepolicy expiration dates. All notices under this Exhibit shall be given to City at thefollowing address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4.Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, and volunteers, as additionalinsureds by endorsement with regard to operations , completed operations, andactivities of or on behalf of the named insured performed under contract with theCity, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply tothe City of Corpus Christi where the City is an additional insured shown on thepolicy; •Workers' compensation and employers' liability policies will provide a waiver ofsubrogation in favor of the City; and •Provide thirty (30) calendar days advance written notice directly to City of any,cancellation, non-renewal, material change or termination in coverage and notless than ten ( l 0) calendar days advance written notice for nonpayment ofpremium. 5.Within five (5) calendar days of a cancellation, non-renewal, material change ortermination of coverage, Contractor shall provide a replacement Certificate ofInsurance and applicable endorsements to City. City shall have the option tosuspend Contractor's performance should there be a lapse in coverage at anytime during this contract. Failure to provide and to maintain the requiredinsurance shall constitute a material breach of this contract. 6.In addition to any other remedies the City may have upon Contractor's failure toprovide and maintain any insurance or policy endorsements to the extent andwithin the time herein required, the City shall have the right to order Contractorto stop work hereunder, and/or withhold any payment(s) which become due to Page 2 of 3 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41 C4-B8EC-EB4ECA2C89FC Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8.It is agreed that Contractor's insurance shall be deemed primary and non contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit 3-L Professional Services -Errors & Omissions 04/14/2020 Risk Management -Legal Dept. Page 3 of 3 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 Attachment D: Warranty Requirement DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 Attachment E: Federal Requirements DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 FR-F01 FR-F02 FR-F03 FR-F04 FR-F05 FR-F06 FR-F07 FR-FOB FR-F09 FR-F10 FR-F11 FR-F12 FR-F13 FR-F14 FR-F15 FEDERAL REQUIREMENTS TABLE OF CONTENTS Access to Records Breach of Contract I Byrd Anti-Lobbying Amendment Clean Air Act and the Federal Water Pollution Control Act Compliance with Federal Law. Regulations, and Executive Orders Contract Work hours and Sarety Standards Act Copeland "Anti-Kickback" Act (Construction Only) Davis-Bacon Act {Construction Only) Debarment and Suspension OHS Seal. Logo and Flags Equal Employment Opportunity (Construction Only) No Obligation by Federal Government Procurement of Recovered Materials Program Fraud and False or Fraudulent Statements or Related Acts Right to Inventions Made Under Contract or Agreement (Not for Public Assistance Contracts) END OF TABLE OF CONTENTS DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID D569E7BC-7CD3-41 C4-B8EC-EB4ECA2C89FC FEDERAL REQUIREMENTS: FR-F01 ACCESS TO RECORDS Access to Records. The following access to records requirements apply to this contract: (1)The Contractor agrees to provide the City, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by an y means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3)The Contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. Reference: OHS Standard Terms and Conditions, v 7 .1, p. 1 (2017) DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 FEDERAL REQUlREMENTS: FR·F02 BREACH OF CONTRACT Any violation or breach of terms of this Contract on the part of the Contractor or its subcontractors may result in the suspension or termination of this Contract or such other action that may be necessary to enforce the rights of the parties of this agreement. City will provide Contractor written notice that describes the nature of the breach and corrective actions the Contractor must undertake in order to avoid termination of the Contract. City reserves the right to withhold payments to Contractor until such time the Contractor corrects the breach or the City elects to terminate the Contract. The City's notice will identify a specific date by which the Contractor must correct the breach. City may proceed with termination of the Contract if the Contractor fails to correct the breach by deadline indicated in the City's notice. The duties and obligations imposed by the Contract documents and the rights and remedies available thereunder are in addition to, and not a limitation of, any dutie s, obligations, rights and remedies otherwise imposed or available by law. 2 CFR § 200 Appendix ll(A) DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 FEDERAL REQUlREMENTS: FR-F03 BYRD ANTI-LOBBYING AMENDMENT Contractors who apply or bid for an award of $100,000 or more shall file the required cer tification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federa l funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. Reference: 31 U.S.C. § 1352 (as amended) DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41 C4-B8EC-EB4ECA2C89FC FEDERAL REQUIREMENTS: FR-F04 CLEAN AIR ACT AND THE FEDERAL WATER POLLUTION CONTROL ACT A Clean Air Act. (1)The Contractor agrees to comply with all applic able standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. §7401 et seq. (2)The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3)The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. B.Federal Water Pollution Control Act. ( 1)The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. §1251 et seq. (2)The Contractor agrees to report each violation to the City and understands and agrees that the City will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (3)The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Reference: 2 CFR § 200, Appendix 11,r (G) DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 FEDERAL REQUIREMENTS: FR-F05 COMPLIANCE WITH FEDERAL LAW. REGULATIO NS. AND EXECUTIVE ORDERS This is an acknowledgement that FEMA financial assistance will be used to fund the cont ract only. The Contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41 C4-B8EC-EB4ECA2C89FC FEDERAL REQUIREMENTS: FR-F06 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT ( 1) Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. {2) Violation: liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph ( 1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1)of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph { 1) of this section. (3)Withholding for unpaid wages and liquidated damages. The City shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime Cont ractor, or any other federally assisted contract subject to the Contract Work Hour s and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined tobe necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph {2) of this section. (4)Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs ( 1 ) through ( 4) of this section. Reference: 29 CFR § 5.5(b) DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 FEDERAL REQUIREMENTS: FR-F07 COPELAND "ANTI-KICKBACK" ACT NOT APPLICABLE TO THIS CONTRACT DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 FEDERAL REQUIREMENTS: FR-F08 DAVIS -BACON REQUIREMENTS NOT APPLICABLE TO THIS CONTRACT DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41 C4-B8EC-EB4ECA2C89FC FEDERAL REQUIREMENTS: FR-F09 DEBARMENT AND SUSPENSION (1)This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals {defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2)The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3)This certification is a material representation of fact relied upon by (insert name of subrecipient). If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to (name of state agency serving as recipient and name of subrecipient), the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. ( 4)The bidder or proposer agrees to comply with the requirements of 2 C.F .R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Reference: 2 CFR part 180, 2 CFR part 3000 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 FEDERAL REQUIREMENTS: FR-F10 DHS SEAL. LOGO AND FLAGS The Contractor shall not use the OHS seal(s), logos, crests, or reproductions of flags or likenesses of OHS agency officials without specific FEMA pre-approval. Reference: OHS Standard Terms and Conditions, v.7.1, p. 5 (2017) DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 FEDERAL REQUIREMENTS: FR-F11 EQUAL EMPLOYMENT OPPORTUNITY NOT APPLICABLE TO THIS CONTRACT DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 FEDERAL REQUIREMENTS: FR-F12 NO OBLIGATI ON BY FEDERAL GOVERNMENT The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, Contractor, or any other party pertaining to any matter resulting from the contract. Reference: FEMA requirement DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41 C4-B8EC-EB4ECA2C89FC FEDERAL REQUIREMENTS: FR-F13 PROCUREMENT OF RECOVERED MATERIALS ( 1)In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i)Competitively within a timeframe providing for compliance with the contract performance schedule; (ii)Meeting contract performance requirements; or (iii)At a reasonable price. (2)Information about this requirement, along with the list of EPA-designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/s mm/comprehensive-procurement-guideline-cpg-program. Reference: 2 CFR § 200.322 and 40 CFR part 247 DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 FEDERAL REQUIREMENTS: FR�F14 PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS RE RELATED ACTS DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DocuSign Envelope ID: D569E7BC-7CD3-41C4-B8EC-EB4ECA2C89FC FEDERAL REQUIREMENTS: FR-F15 RIGHT TO INVENTIONS MADE UNDER CONTRACT OR AGREEMENT NOT APPLICABLE TO THIS CONTRACT DocuSign Envelope ID: 97EB22CE-5B41-49EB-BB12-C1B88C733BC0 DATE: September 29, 2020 TO: Peter Zanoni, City Manager FROM: Tracey Cantu, Interim Director for Parks and Recreation TraceyC@cctexas.com (361) 826-3042 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the purchase of 10 replacement Ford trucks from Silsbee Ford, Silsbee, TX, for a total amount of $355,415.00 to be used by the Parks and Recreation Department in support of park operations, beach lifeguard/first response, Gulf Beach maintenance and park enforcement, beach operations, park construction and Tourist District facility maintenance, with FY 2020 funding available from the General Fund and State Hotel Occupancy Tax Beach Fund. SUMMARY: This motion authorizes the purchase of 10 Ford trucks, which will allow the Parks and Recreation Department to provide better support for park operations, beach lifeguard/first response, Gulf Beach maintenance and park enforcement, beach operations, park construction and Tourist District facility maintenance. BACKGROUND AND FINDINGS: Parks and Recreation currently has a need to replace one F350, two F150, and seven F250 pickup trucks. These units will be used throughout the Parks and Recreation Department’s various divisions to transport tools and personnel to their worksites. The vehicles being replaced have either met their expected service lives of seven years or were formerly used as beach trucks and have significant rust damage . They are replacing the following vehicles: Purchase of 10 Ford Trucks for Park and Recreation AGENDA MEMORANDUM Action Item for the City Council Meeting September 29, 2020 UNIT# YEAR MAKE AGE REASON Retired 2002 F150 18 Exceeded its useful service life. 7832 2002 C2500 18 Fleet deemed unrepairable. 7868 2002 C2500 18 Fleet deemed unrepairable. 2808 2003 E350 17 Fleet deemed unrepairable. 7837 2005 E350 15 Exceeded its useful service life. 7824 2008 F250 12 Fleet deemed unrepairable. 7802 2009 F250 11 Exceeded its useful service life. 2849 2010 F150 10 Exceeded its useful service life. *7809 2012 F150 8 Exceeded its useful service life. *7814 2013 F150 7 Exceeded its useful service life. * Unit #7809 and unit #7814 are both prior Beach Operations vehicles . The expected service life of these vehicles is greatly reduced because of frame and body damage caused from the corrosive environment. The procurement is through the Goodbuy Cooperative. Contracts awarded through the Goodbuy Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. ALTERNATIVES: An alternative is to continue using the older trucks and struggle to meet mission requirements due to the increasing age, and increased maintenance requirements. FISCAL IMPACT: The fiscal impact in FY2020 is an amount of $355,415.00 to be funded from the General Fund and State Hotel Occupancy Tax Beach Fund. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12070 Lifeguard/First Response Mission Element: 142 Prvd recreational, social, cultural prgs & activities Project # (CIP Only): N/A Account: 550020 Vehicles & Machinery Cost: $35,082.50 Fund: 1020 General Fund Organization/Activity: 12940 Beach Operations Mission Element: 141 Manage & maintain Parks & Rec facilities Project # (CIP Only): N/A Account: 550020 Vehicles & Machinery Cost: $103,152.25 Fund: 1020 General Fund Organization/Activity: 12920 Park Construction Mission Element: 141 Manage & maintain Parks & Rec facilities Project # (CIP Only): N/A Account: 550020 Vehicles & Machinery Cost: $69,797.00 Fund: 1020 General Fund Organization/Activity: 12915 Tourist District Mission Element: 141 Manage & maintain Parks & Rec facilities Project # (CIP Only): N/A Account: 550020 Vehicles & Machinery Cost: $24,553.25 Fund: 1020 General Fund Organization/Activity: 12910 Park Operations Mission Element: 141 Manage & maintain Parks & Rec facilities Project # (CIP Only): N/A Account: 550020 Vehicles & Machinery Cost: $53,265.00 Fund: 1032 State HOT Beach Organization/Activity: 13836 Gulf Beach Maintenance Mission Element: 141 Manage & maintain Parks & Rec facilities Project # (CIP Only): N/A Account: 550020 Vehicles & Machinery Cost: $34,782.50 Fund: 1032 State HOT Beach Organization/Activity: 13839 Gulf Beach Park Enforcement Mission Element: 141 Manage & maintain Parks & Rec facilities Project # (CIP Only): N/A Account: 550020 Vehicles & Machinery Cost: $34,782.50 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of 10 Ford trucks from Silsbee Ford as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Item Qty UOM Unit Price Total 1 3 EA 34,782.50 $ 104,347.50 2 1 EA 34,299.75 $ 34,299.75 3 2 EA 34,426.25 $ 68,852.50 4 2 EA 34,898.50 $ 69,797.00 5 1 EA 24,553.25 $ 24,553.25 6 1 EA 53,265.00 $ 53,265.00 7 1 EA 300.00 $ 300.00 $ 355,415.00 City of Corpus Christi Price Sheet Purchase of 10 Ford Trucks Goodbuy 20-8F000-Vehicles Contracts and Procurement Senior Buyer: Cindy Ramos GRAND TOTAL Ford F350 Ext Cab 4x4 Ford F250 Crew Cab Equipment Description Silsbee Ford Ford F150 Crew Cab 4x4 Ford F250 Crew Cab 4x4 Ford F250 Ext Cab Ford F150 Reg Cab COOP Fee DATE: September 29, 2020 TO: Peter Zanoni, City Manager FROM: Eyvon McHaney, Director of Human Resources EyvonMc@cctexas.com (361) 826-3315 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing Amendment No. 1 to the FY 2020 Service Agreement with stHealth Benefit Solutions, LLC, dba Stealth Partner Group, Dallas TX, in an amount not to exceed $58,000.00, increasing the total contract amount from $2,500,000.00 to $2,558,000.00, due to an unanticipated increase in number of employees in the self -funded stop loss insurance program, with FY 2020 funding available from the Employee Health Citicare Fund. SUMMARY: This motion authorizes an amendment to the FY 2020 Service Agreement with stHealth Benefit Solutions, LLC, dba Stealth Partner Group in an amount not to exceed $58,000.00 due an unanticipated increase in number of employees in the self -funded stop loss insurance program. BACKGROUND AND FINDINGS: The City pays stop loss coverage for every “life” covered by BlueCross and BlueShield on our health insurance plan. The coverage pays for any claim(s) that exceed $250,000.00 by reimbursing us for those cost. The City had an increase in the number of lives covered by the plan for FY 2020 due to an increase number of new FTEs that were added in the fiscal year. There were 59 new FTE’s added, and with a Per Employee Per Month (PEPM) cost of $80.84 we will need to add an additional $58,000.00. This request to amend the contract is to ensure that all the lives are covered through the final month Amendment No. 1 to Stop Loss Insurance Service Agreement AGENDA MEMORANDUM Action Item for the City Council Meeting September 29, 2020 of September 2020 in the contract. ALTERNATIVES: An alternative is to keep the current contract value and risk not being able to cover all the lives for the final month of the contract. FISCAL IMPACT: The fiscal impact for FY 2020 is an amount not to exceed $58,000.00 with funding available from the Employee Health Citicare Fund. FUNDING DETAIL: Fund: 5610 EmpHth Citicare Organization/Activity: 40600 Citicare Mission Element: 213 Health Benefits Programs Project # (CIP Only): N/A Account: 537385 Stop Loss Premium-Active RECOMMENDATION: Staff recommends approval of this motion authorizing Amendment No. 1 to Service Agreement 2255 with stHealth Benefit Solutions, LLC, dba Stealth Partner Group as presented. LIST OF SUPPORTING DOCUMENTS: Amendment Service Agreement Amendment City of Corpus Christi Contracts and Procurement Date: August 11, 2020 Service Agreement No.: 2255 – Stop Loss Insurance Reference: SA 2255 Amendment No. 1 Service Agreement Current Not to Exceed Value: $2,500,000 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and stHealth Benefit Solutions, LLC, dba Stealth Partner Group, hereinafter referred to as the Contractor, do hereby make and enter into this amendment (the “Amendment”) which, together with the Service Agreement No. 2255 (the “Agreement”) and all other duly executed amendments, constitutes the entire agreement between the City and the Contractor. I. Section 3. Compensation and Payment of the Agreement is amended, effective through the end date as follows: Increases the value of the Agreement by an amount not to exceed $58,000 due to the unanticipated number of employees and their families enrolled in the City’s health benefits program, therefore the revised value of this Service Agreement is not to exceed $2,558,000. The Contractor and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. ______________________ __________ Harley Barnes Jr. Date Patner stHealth Benefit Solutions, LLC, dba Stealth Partner Group _______________________ _________ Kim Baker Date Director of Contracts and Procurement City of Corpus Christi, Texas APPROVED AS TO LEGAL FORM: _______________________________ Assistant City Attorney Date DocuSign Envelope ID: 216DC314-FBAA-4CEF-89ED-A77F3471B7AD 8/28/2020 SERVICE AGREEMENT NO. 2255 STOP LOSS INSURANCE THIS Stop Loss Insurance Service Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and stHealth Benefit Solutions, LLC, dba Stealth Partner Group ("Stealth") and Sun Life Assurance Company of Canada ("Sun Life") (collectively, "Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Sun Life has bid to provide Stop Loss Insurance in response to Request for Bid/Proposal No. 2255 {"RFB/RFP"), which RFB/RFP incl udes the required scope of work and all specifications and which RFB/RFP and the Sun Life's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits l and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE. City and Contractor agree as follows: 1.Scope. Sun Life will provide Stop Loss Insurance and Stealth will provide Stop Loss Insurance services (collectively, the "Services"} in accordance with the terms of the Stop Loss policy referenced in the Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2.Term. This Agreement is for One Year, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or Purchasing Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-yearr periods ("Option Period(s)"), provided, the parties do so in writing and prior to the expiration of the original term or the then current Option Period. The City's extension authorization must be executed by the City Manager or designee. 3.Compensation and Payment. This Agreement is for an amount not to exceed $2,500,000.00, subject to approved extensions and changes. The City is required to make the premium payments required by the Stop Loss policy. 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 Pagel of 8 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: 5. Rosa Medina Human Resources Phone: {361) 826-3306 Emai: Rosam@cctexas.com 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 p1 >rchase 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 8 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 addi tional 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 Dis 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.Qualify/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10.Non�Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11.Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own Service Agreement Standard Form Page 3 of 8 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: Rose Medina Title: Interim Director of Human Resources Address: 1201 Leopard St. Corpus Christi, Texas 78401 Phone: (361) 826-3306 Fax: (361) 826-3322 Service Agreement Standard Form Page 4 of 8 IF TO STEALTH: stHealth Benefit Solutions, LLC dba Stealth Partner Group Attn: Bonnie Hardesty Senior Account Executive 5949 Sherry Lane, Sutie 1170. Dallas, Texas 75225 Phone: (214) 453-1944 Fax: (214) 453-1992 IF TO SUN LIFE: Stop Loss Sun Life Financial One Sun Life Executive Park Wellesley Hills, MA 02481 17.SUN LIFE AND STEALTH SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE Cl1Y OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES'J 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 AU. EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE our OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE STEALTH OR SUN LIFE OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCTi OR F AULT Of EITHER STEALTH OR SUN LIFE OR THEIR RESPECTIVE EMPLOYEES OR AGENTS. STEAl.H AND SUN LIFE MUSTi AT THEIR OWN EXPENSE, INVESTIGATE AU. CLAIMS AND DEMANDS, ATTEND TO THEIR SETilEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY 10 THE CITY ATTORNEY, AND PAY AU CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES Of ANY KIND ARISING OR RESULTING FROM ANY SAID LJABILITY, DAMAGE, LOSS, CLAIMS. DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF STEALTH AND SUN UFf UNDER THIS SECTION SHAU. SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. STEAILTH SHALL NOT PROVIDE INDEMNIFICATION FOR SUN LIFE'S ACTIONS AND SUN LIFE SHALL NOT PROVIDE INDEMNFHCATUON FOR ST/EAU.TH'S ACTIONS • Service Agreement Standard Form Page 5 of 8 18.Termination. (A)The City Manager may terminate this Agreement for Contractor's failure to co mply 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 pay ment by the City. 20.Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 21.Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreemen t that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22.Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A.this Agreement (excluding attachments and exhibits}; B.its attachments; C.the bid solicitation document including any addenda (Exhibit 1 ); then, D.the Contractor's bid response (Exhibit 2). The Stop Loss policy shall govern the terms of the insurance provided by Sun Life. Service Agreement Standard Form Page 6 of 8 23.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 24.Governing law. Contrac tor 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 shall be a state or federal court located in Texas. 25.Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 26.Specific Terms and Conditions. A set of Specific Terms and Conditions has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the SeNices. [Signature Page Follows] Service Agreement Standard Form Page 7 of 8 CONTRACTOR STl·!E.L\LTH,NE�OLU�'lONS LLC OBA STEALTH PARTNER GROUP Signature: _1_ j_\ __ ·-�=------------- Printed Name: __ H_a_rl_e�y_B_a_r_n_es_J_r _______ _ Title: Partner Date: 9/23/2019 SUN LIFE ASSURANCE COMPANY O. CANADA _.✓.--/�/ /- / Signature: ----.. :Je�LVi;>"(.,_ --� �,,,, i' /. --- /"'"' / , -./ .... / ,, / Printed Name: _/<:' f :-,i._,,i3,:.0·,1/'e-;,n c Date: ---------- CIT . OF CORPUS CHRl'-':Ti Kim Baker Director of Contracts and Procurement Date: __ q..;__ __ z__;s--:.__.'__,c_l q-+-----ATTEST K ��t±:� REB CCA HUERTA CITY SECRETARY . ··•1JROV -"" ·1·11 I --•Ai f'()0 M· u �lJ Vi:� Assistant City A Horney ,t1,.H-1Jched end lncorpr.Jrtr!·ed by Reterer;ce:;� ttachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance ancl Bond Requirements1-\Hachment D: Warranty Requirements Attachment E: Specific Terms and Conditions tnc:orpor,Jte-d t. y R '."'.fe, (!:nee Jniy:hhibit 1 : RFB/RFP \\lo. 2255 E)(hibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form I' ;1 ,'1 ,., • .-"'l \ IA /11\, \.A-i.-n-,�AU I ttU�11..1.., ,, '1 ') f I 1 '· ' -�j "' ,,....,..., I/---,;(..:.,1 -;:,,....,__. [·--1, y \..� • -,. ·pr/f£ ------S�F.'.".'."CR.U�. :::,.,_"."'.��..,:- Page B of 8 Attachment A a Scope of Work 1 .1. Background The City of Corpus Christi (City) has been administering a self-funded plan for more than ten years. The medical claims are currently administered by BlueCross BlueShield of Texas and the Pharmacy Benefit Manager (PBM) is CVS Caremark. The City has an onsite Wellness Clinic at City Hall in conjunction with Concentra under a contract that will continue until 2022. Developing a broader primary care presence is a goal of the City including targeting chronic disease states and comorbidities among their population. The group that will be covered consists of all eligible employees and at the current time there are 2,784 active employees and 117 pre-65 retirees. 1.2. General Requirements A Contractor will provide stop loss insurance. B.Contractor must maintain a rating financially sound with an AM Best rating of A or higher. C.Contractor must implement the plan(s) with an effective date of October 1, 2019. D.The City or its agent reserves the right to audit the Contractor's performance by reviewing pertinent records and documentation, including clinical records, subject to appropriate confidentiality requirements. E.The stop loss insurance is for claims incurred in the 24-month period and paid in the 12-month period immediately preceding the end date of the contract period. The Contractor agrees to provide specific stop loss protection to the policyholder for a catastrophic loss per individual claimant with an attachment point of $250,000 and unlimited maximum and covers both medical and prescription claims. F.Contractor must maintain the contract pricing through the duration of the contract. G.See additional reference information concerning current Stop Loss in Attachment A-1 . Page 1 Attachment Am 1 · CURRENT STOP LOSS Stoc Loss 10/1/2018-9/30/2019 Soecific Deductible $250,000 Soecific Contract Tvpe 24/12 Specific Coverage Med/Rx Specific Rates Single $36.27 Family $88.85 Composite $61.54 Aggreaate Corridor N/A Aaaregate Contract N/A Aggregate Coveraaes N/A AggreQate Premium N/A Agpreoate Factors N/A Individuals Subject to Adjusted 1018-01 @ $650,000 Specific Deductible 1018-02 @ $400,000 1018--03 @ $350,000 Page 2 Attachment B )chedule of Pricing Dan Harlow 5949 Sl1erry Lane, suite 1170 Dallas, TX 75225 (214)453-1943 �,r--stea Ith ... PARTNER GROUP dharlow@stealtl1partnergroup.com GROUP: EFFECTIVE DA TE: City of Corpus Christi October 1, 2019 ·S-$ ¾if?frt, ;+3 SPECIFIC STOP LOSS CARRIER: Carrier Rating: TPA: PPO Network: UR Vendor: PBM: Specific Benefits Included: Plan Lifetime Maximum: Specific Lifetime Max/mum Reimbursement: Individual Specific Deductible: Specific Contract: 1472 1064 2536 Monthly Specific Premium Annual Specific Premium % Difference $ EE Only $ Family $ Corn poslte $ $ $ -"->fl ... current Renewal US Fire US Fire A A BCBS BCBS BCBS BCBS BCBS BCBS CVS Caremark CVS Caremark Med+ Rx Med+ Rx Unlimited Unllmlted Unlimited U11llmlted 260,000 $ 250,000 24112 24112 36.27 88.86 58.33 147,925.84 1,775,110.06 Option 1 Option 2 Option 3 Sun Life Sun Life Sun Lite A+ A+ A+ BCBS BCBS BCBS seas BCBS BCBS BCBS BCBS BCBS CVS Caremark CVS Caremark CVS Caremark Med•• Rx Med+ Rx Mad+ Rx Unlimited Unlimited Unllmltact Unlimited Unlimited Unlimited $ 250,000 $ 350,000 $ 450,000 24112 24/12 24/12 s 45.30 $ 27.41 $ 18.27 $ 130,00 $ BS,46 $ 62.51 $ 80,84 �62.18 $ 36.83 $ 206,001.60 $ 132,340.96 $ 93,404.08 $ 2,460,019.20 $ 1,686,091.62 $ 1,120,848.96 38,58% •10.64% -36.86% Disctosur,;; srstl.Js FIRM Throug/1 9/25 i=ll?M Tlimugh 9/26 FIRM rl!rough 9/25 l.:iSCt'.:l ·J016,01 @$D501� ..•..•...•. -�---··-·--···-···-·········· .•...•••.•.... -101s.02@ �4�0i� ··················-·············-······· nnc!uded wl 10·1 s,03 @lS'.���!�..................... 50% Rate C!p ........... -. No NOit/ Luscl's uk' r-:enowal lffi?m5iil97"<£ii" 9 ±5 tc·IP?t?Priiil&Af½WMiA¼!bt:e' : &±U fr£E@li!....:1WiiEf::€S!�'"'D'iSS:ii!l"ff&':i3'i553S:e:e!fF!ctr1W'TE':?OZP"i?4S5B'i5WB TOTAL REINSURANCE ·exPENSE Annual Fixed Premium % Difference Maximum Cost Liability % Difference $ l""•tet=lf;r"?JF!EF'Mi ffi ..:. $ �3'"\'$'11""'Wl1Ti':'nteF:-:"i'f3'Ii!l e&r# % %Mi Commissions: 0.0% 1,775,110.08 1,775,110,08 -.. Page 1 $ $ 2,460,019.20 $ 38,58¾ 2,460,019.20 $ 38.58% lnr.ludedw/ 50% Rate Cap 1,588,091.52 $ ·10.54% 1,588,091,62 $ •10.64¾ Included w/ 60%RateCap 1,120,848.96 •36.86% 1,120,848.96 -36,86¾ 012212019 Dan Harlow 5949 Sl1erry Lane, Suite 1170 Dallas, TX 75225 (214) 453-1943 dharlow@stealthpartnergroup.com GROUP: EFFECTIVE DATE: City of Corpus Christi October 1, 2019 SPECIFIC STOP l..OSS CARRIER: carrier Rating: TPA: PPO Network: UR Vendor: PBM: Speclf/o Benefits Included: Plan Lifetime Maximum: Specific Lifetime Maximum Reimbursement: Individual Specific Deductible: Specific Contract: 1472 1064 2536 Mont111y Specific Praml um Annual Specific Premium % Difference 0/sdosuvrJ Sfc,1iw.1· Lua·ars Current US Fire A BCBS BCBS BCBS CVS Caremark Med+ Rx Unlimited Unlimited 260,000 $ 24112 EE Only $ 36.27 Family $ 88,86 Renewal US Fire A BCBS BCBS BCBS CVS Caremark Med+ Rx Unlimited Unlimited 250,000 24/12 $ $ $ Option 1 Sun Life A+ BCBS BCBS sees CVS Caremark Med+ Rx Unlimited Unlimited 250,000 $ 24/12 43,94 $ 126.10 $ Composite $ 58,33 • , u,�, • •7g_ ,f,f � $ 147,925.84 • , .. "'" "" • •·1tto,00·1.,go � $ 1,776,110.08 ·J 010-0i @ $6501� •;o•rn.02@ $•1001< $ 2,386,218.62 $ 34.43% FU?M ihro11gh 9/25 'r'Sf�g1th Option 2 Option 3 Sun Life Sun Life A+ A+ BCBS BCBS BCBS BCBS aces BCBS CVS Caremark CVS Caremark Mod+ Rx Med+ Rx Unllmltea Unlimited Unlimited Unlimited 350,000 $ 450,000 24/12 24112 26.59 $ 17.72 83.87 $ 60.63 50,62 $ 35,73 128,370.73 $ 90,601.96 1,640,448.77 $ 1,087,223.49 -13.22% -38.75¾ FIRM T/Jroug/1 9/26 FIRM ThrOtJ[J/1 9/215 ......• ·-io111-03.W �)sBoo·, .............................................................................................................................................................................................. . No Ne1, Lasors at J�enew�11 Mot lncludeU f'3i'i'!iE£,i:: �,s•,i5R¥Azf .± Rfr'i .fbm?Ytj ,:-" 5k & �5f:9¥fi19-?'iSf£?5fi?i5fl�'½'Ei1SFWaP""r?ffi:5'ffillB'1?"1�1UqSQ'RB!'B3ETGZ□ Tm:WFl2iYPHBiVP . •' . ' . . . --TOTAL REINSURANCE EXPENSE Annual Fixed Premium % Difference Maximum Cost Liability % Difference -3'7S315W5S� Commissions: 0.0% ...,,,. 1,776,110.08 $ 1,775,110.08 'ffWi:5PZSZiSF?!iFi515"5 Page 2 $ 2,366,218.62 $ 34.43% 2,386,216.62 $ 34.43% No! Included 1,540,448.77 ·13.22% 1,540,448.77 $ -13.22% u. Not Included -- 1,087,223.49 ·38,75% 1,087,223.49 -38.76% 8/2212019 I. A. B. Attachment C EXHIBIT INSURANCE REQUIREMENTS CONTRACTOR'S LIABILITY INSURANCE 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. Contractor must furnish to the City's Risk Manager and Director Human Resources, 2 copies of Certificat es of Insurance (COT) 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 30-written day notice of cancellation, required on all certificates or by applicable policy endorsements Commercial General Liability including: 1.Commercial Broad Form 2.Premises - Operations3.Products/ Completed Operations4.Contractual Liability 5.Independent Contractors 6.Personal Injury-Advertising Injury PROFESSIONAL LIABILITY (Errors and Omissions) Svvi U.(e-Se I+ .-f\-�t,re� �,·s rr(sl(_ CRIME/EMPLOYEE DISHONESTY Contractor shall name the City of Corpus Christi, Texas as Loss Payee MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Per occurrence -aggregate $1,000,000 Per Occmrence $1,000,000 Per Claim (Defense costs not included in face value of the policy) If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. $1,000,000 Per Occurrence 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 l O 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, bycompanies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VTI. 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: D. City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following reqlllired provisions: e 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; a 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; s Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and (ii 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 (I 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. F.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy end orsements 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 perfonnance 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. Reg. Exhibit 3-J Professional Ser vices -Financial or Insurance Services -Modified to Delete Auto and Workers Comp 09/17/2019 Risk Management - Legal Dept. Attachment C -Bond Requirements Section 5. Insurance; Bonds Subsection {B} is null for this Service Agreement. Attachment D -Warranty Section 8. Warranty Subsections (A), (B} and (C)are null to this Service Agreement. Attachment E -Specific Terms and Conditions l . Access to Information. If the City needs access to information in the Contractor's possession, for purposes other than an audit, but in order to administer the Plan, Contractor will provide it to the City if it is legally permissible, the information relates to Contractor's services under the Agreement, and the City provides reasonable advance notice and an explanation of the need for such information. 2.Confidentiality. Each party may have access to information that is conf idential to the other party. Neither party will disclose the other party's confidential information to any third p arty or use the other party's confidential information for any purpose other than for the purposes of this Agreement, except as may be required by law or valid government or court order, which may include Texas Public Information Act (Ch. 552). The Contractor shall any information, other than that information covered by HIPAA, that the Contractor considers confidential or proprietary. If the City receives a valid request under the Texas Public Information Act for any in fo rmation marked confidential or proprietary by the Contractor, the City shall request an opinion from the Texas Attorney General's Office as its ability to withhold the information from public inspection. The City shall inform the Contractor of the request in accordance with the Texas Public Information Act and inform the Contractor of its right to submit arguments to the Texas Attorney General's Office regarding the confidentiality of the confidential or proprietary information. 3.Records. The Contractor will keep all records relating to the Services provided under the Agreement for as long as it is required to do so by law. In no event shall the Contractor fail to keep the records for at least the term of the Agreement and 12 months following the termination of the Agreement. DATE: September 29, 2020 TO: Peter Zanoni, City Manager FROM: Peter Collins, Director of Information Technology PeterC@cctexas.com (361) 826-3735 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing Amendment No. 1 to the Service Agreement for the Purchase of Phase 2 Radios for Public Safety with Dailey and Wells Communications, Inc. for a total not to exceed of $4,157,814.20 increasing the service agreement value to a total not to exceed of $7,724,846.40 for Harris Public Safety communication radios, with an effective date on or after October 1, 2020 with funding in an amount of $1,395,563.07 requested in the FY 2021 Adopted Budget through the Information Technology Fund. SUMMARY: This motion authorizes an amendment to the current service agreement with Dailey and Wells Communications, Inc. for communication radios for Public Safety and Public Service communications for the additional term and the cost of $4,186,689.20 for the phase 2 increase of additional radios and a credit of $28,875.00 for installation that was removed from phase 1 for a total amendment of $4,157,814.20 . The purchase includes 365 handheld portable radios, 408 mobile radios that are installed in the vehicles and 81 mobile radios that are installed at facilities. This item will satisfy the City’s goal to replace all public safety radios. BACKGROUND AND FINDINGS: The additional radios are 5+ years old and will replace existing Harris EDACS radio system in various departments within the City. They include Fire, Solid Waste, Police, Utilities, Airport, Streets, Parks & Rec, Fleet, Gas, Municipal Court, Code Enforcement, and Parking Control. Amendment No. 1 Purchase of Communication Radios for Public Safety AGENDA MEMORANDUM Action Item for the City Council Meeting September 29, 2020 The existing Harris EDACS radio system is approaching end-of-life with limited manufacturer support available. Support will become increasingly more difficult in 2020, with heavy reliance on used and salvaged spare parts. It will be necessary to upgrade our radios to ensure availability of a reliable public safety radio system. Public Safety Radio system is the most important system for Public Safety and Public Service communications. A functional radio system enables Public Safety to respond to emergencies as quick as possible. Public Safety emergencies can unfold quickly, and Public Safety must be prepared to respond to fires, floods, active shootings, accidents, family violence, medical and weather emergencies. A Public Safety Radio system also enables City departments to support public safety and perform their daily tasks in a timely manner. The EDACs/P25 equipment for this system falls under L3 Harris Corporation intellectual property rights and the proprietary protocols represent a patent, copyright, or secret process. Therefore, these radios are only available from the manufacturer, L3 Harris Corporation. Dailey and Wells Communications, Inc. has a local service center which has serviced the Harris radios for over 30 years. Also, Dailey and Wells Communications, Inc. provided a 26% discount on the radio upgrades. ALTERNATIVES: An alternative would be not to upgrade the communication radios; however, a public safety radio system is a lifeline for all first responders and for those who are served which could be the difference between life and death. FINANCIAL IMPACT: The fiscal impact for phase 2 in FY 2021 is an amount not to exceed $1,395,563.07, from the Information Technology Fund with the remaining cost of $2,791,126.13 to be budgeted in future years at a zero % interest rate through the annual budget process . Funding Detail: Fund: 5210 Info Tech Organization/Activity: 40430 IT Network Services Mission Element: 241 Prvd Suprt Technology Infrast. Project # (CIP Only): N/A Account: 520100 Computer equip & Software Noncaptl RECOMMENDATION: Staff recommends approval of this motion authorizing A mendment No. 1 to Service Agreement Purchase of Radios for Public Safety with Dailey and Wells Communications, Inc. for the purchase of additional communication radios for Public Safety and Public Service as presented. LIST OF SUPPORTING DOCUMENTS: Amendment No. 1 Original Agreement Page 1 of 3 Amendment City of Corpus Christi Contracts and Procurement Department Date: September 29, 2020 Agreement No: 2659-Purchase of Radios for Public Safety Reference: SA 2659 Amendment No. 1 Service Agreement Current Value $3,567,032.20 The CITY OF CORPUS CHRISTI, TEXAS, hereinafter referred to as the City, and Dailey and Wells Communications, Inc., hereinafter referred to as the Contractor, do hereby acknowledge this amendment of the Purchase of Radios for Public Safety Agreement (the “Agreement”). I. Section 1, Scope, of the Agreement is hereby deleted in its entirety and replaced with the following language. “Contractor will provide Purchase of Radios for Public Safety (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A for Phase I and in Attachment A-1 for Phase II, the content of each amendment is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2.” II. The first sentence of Section 2, Term, of the Agreement is hereby deleted in its entirety and replaced with the following language. “This Agreement is for four years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Department.” III. Section 3, Compensation and Payment, of the Agreement is hereby deleted in its entirety and replaced with the following language. The purpose of this amendment is to account for a credit in the amount of $28,875.00 for work that was completed by the City and the add additional compensation in the amount of $4,186,689.20 for additional radios being purchased as part of Phase II. “3. Compensation and Payment. This Agreement is for an amount not to exceed $7,724,846.40. Payment will be made for Services completed and accepted by the City, subject to receipt of an acceptable invoice. All pricing for Phase I will be in accordance with Attachment B, which is attached hereto and incorporated by reference as if laid out here in its entirety. All pricing for Phase II will be in accordance with Attachment B-1, which is attached hereto and incorporated by reference as if laid out here in its entirety. DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010 Page 2 of 3 The payment for Phase I in the amount of $3,538,157.20, at 0% interest, will be paid in three payments, in accordance with the following Phase I payment schedule: November 22, 2019 - $1,189,010.73 – already paid October 1, 2020 - $1,189,010.73 October 1, 2021 - $1,160,135.74 The payment for Phase II in the amount of $4,186,689.20, at 0% interest, will be paid in three payments, in accordance with the following Phase II payment schedule: 30 days after City Council approval - $1,395,563.07 October 1, 2021 - $1,395,563.07 October 3, 2022 - $1,395,563.06 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” IV. Section 10, Non-appropriation, of the Agreement is hereby amended to add the following sentence at the end of the paragraph. “In the case of City’s exercise of this clause, the City will forfeit any funds paid to Contractor prior to date of termination as liquidated damages and promptly return to Contractor any and all equipment provided by Contractor to City.” IV. Attachment A-1: Phase II Scope of Work, which is attached hereto and incorporated by reference as if laid out in its entirety herein, is hereby added to the Agreement. The purpose of this amendment is to define the items to be purchased in Phase II. V. The payment schedule provided at the bottom of page 2 of Attachment B, Pricing Schedule, to the Agreement is hereby amended as follows. The purpose of this amendment is to show the credit in the amount of $28,875.00 for certain programming of the Phase I radios that was performed by City staff. “November 22, 2019 - $1,189,010.73 – already paid October 1, 2020 - $1,189,010.73 October 1, 2021 - $1,160,135.74 DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010 Page 3 of 3 VI. Attachment B-1: Phase II Pricing Schedule, which is attached hereto and incorporated by reference as if laid out in its entirety herein, is hereby added to the Agreement. The purpose of this addition is to lay out the pricing of the Phase II radio purchase that is being added as part of this Amendment. VII. Attachment C, Insurance and Bond Requirements, is hereby deleted in its entirety and replaced with the attached Attachment C: Insurance and Bond Requirements, which is attached hereto and incorporated by reference as if laid out in its entirety herein. The purpose of this amendment is to remove insurance requirements that are no longer needed. The Contractor and the City agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement and will acknowledge future renewals in this same manner to the extent that such acknowledgement is needed for documentation purposes. __________________________ ___________ Name Date Title: _________________________________ Dailey and Wells Communications, Inc. __________________________ ___________ Kim Baker Date Director of Contracts and Procurement City of Corpus Christi, Texas APPROVED AS TO LEGAL FORM: ______________________________________ Assistant City Attorney Date For City Attorney DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010 VP sales 9/9/2020 Page 1 of 2 Attachment A-1: Phase II Scope of Work 1. The Contractor shall provide 121 of XL-200P Portable Full Keypad, 700/800. 2. The Contractor shall provide 244 of XL-200P Portable Full Keypad, 700/800, C1D1. 3. The Contractor shall provide 19 of Base Station, W/ External Power Supply XG-75M Mobile, Scan Model,Front Mount, 764/870MHz, EDACS / P25 PHASE II. 4. The Contractor shall provide 6 XG-75M Mobile, Scan Model, Remote Mount, Dual Head, 764 / 870MHz, EDACS P25 PHASE II. 5. The Contractor shall provide 43 of XG-75M Mobile, Scan Model, Front Mount, 764 / 870MHz, EDACS / P25 PHASE II. 6. The Contractor shall provide 19 of CS7000 CONTROL STATION, LOCAL CONTROL, 764-870MHz, EDACS / P25 PHASE II. 7. The Contractor shall provide 585 of PORTABLE RADIO ACCESSORIES (Batteries). 8. The Contractor shall provide a feature upgrade for multi-key encryption and a quantity of 452 of a feature upgrade for P25 Trunking. 9. The Contractor shall ship radio equipment to the Dailey-Wells Corpus Christi facility for inventory and deployment. 10. The Contractor shall install all work at 321 John Sartain St., Corpus Christi, TX 78401. (Corpus Christi Police Department) 11. The Contractor shall conduct his work during normal business hours. 12. The Contractor shall install XG-75 mobile radios. 13. The Contractor shall develop XL/XG radio personalities with Corpus Christi. 14. The Contractor shall program the portable and mobile radios consistent with system database of users with Corpus Christi approved personality. 15. The Contractor shall enter the defined User ID for the radios during programming. DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010 Page 2 of 2 16. The Contractor shall ensure that all the provided radios will be capable of both EDACS and P25 operation to enable a smooth and seamless migration to P25 systems. 17. The Contractor shall ensure that each radio includes the P25 phase 2 feature license and single-key AES encryption for operating on the fully deployed P25 system. DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010 DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010 DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010 DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010 DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010 DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010 Attachment C: Insurance and Bond Requirements I. CONTRACTOR’S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Broad Form 2. Premises – Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate WORKERS’S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010 C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010 • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit 7-D IT Contracts – Hardware Installation 06/08/2020 Risk Management – Legal Dept No bonds are required for this Service Agreement. DocuSign Envelope ID: 325C4F66-5C77-47D0-8EC0-97402949B010 Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form July 11, 2019 SERVICE AGREEMENT NO. 2659 Purchase of Radios for Public Safety THIS Purchase of Radios for Public Safety Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Dailey and Wells Communications, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Purchase of Radios for Public Safety in response to Request for Bid/Proposal No. 2659 (“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 Purchase of Radios for Public Safety (“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-years 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 $3,567,032.20, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City’s discretion, be allocated for use in the next option period. Invoices will be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form July 11, 2019 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City’s Contract Administrator for this Agreement is as follows: Peter Collins IT Department 361-826-3735 PeterC@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form July 11, 2019 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form July 11, 2019 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City’s sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Peter Collins Interim Director of Information Technology 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3735 Fax: n/a IF TO CONTRACTOR: Dailey and Wells Communications, Inc. Attn: Edward Martinez Major Accounts Representative 3440 E. Houston St., San Antonio, TX 78219 Phone: 361-548-5660 Fax: 210-893-6702 Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form July 11, 2019 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City Manager may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The Contract Administrator must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form July 11, 2019 20. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 21. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 22. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 23. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute . 24. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 25. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Attachment A: Scope of Work 1.The Contractor shall provide 585 XL-200 (XL-PFM1M) portable radios for Police Department. 2.The Contractor shall provide 185 XL-200 (XL-PFM1M-C1D2) portable radios with Haz Loc feature for Fire Department. 3.The Contractor shall provide 40 XG-75 (MAMW-SDMXX) mobile radios for Police and Fire Department. 4.The Contractor shall ship radio equipment to the Dailey-Wells Corpus Christi facility for inventory and deployment. 5.The Contractor shall install all work at 321 John Sartain St., Corpus Christi, TX 78401. (Corpus Christi Police Department) 6.The Contractor shall conduct his work during normal business hours. 7.The Contractor shall install 40 XG-75 mobile radios. 8.The Contractor shall develop XL/XG radio personalities with Corpus Christi. 9.The Contractor shall program the portable and mobile radios consistent with system database of users with Corpus Christi approved personality. 10. The Contractor shall enter the defined User ID for the radios during programming. 11. The Contractor shall program all portables and mobiles for P25 operation. 12. The Contractor shall ensure that all the provided radios will be capable of both EDACS and P25 operation to enable a smooth and seamless migration to P25 systems. 13. The Contractor shall ensure that each radio includes the P25 phase 2 feature license and single-key AES encryption for operating on the fully deployed P25 system. Page 1 of 1 DAILEY AND WELLS COMMUNICATIONS, INC. To:Peter Collins From: Edward Martinez For:City of Corpus Christi IT Major Accounts Representative Phone:361-826-3735 Dailey-Wells Communications Date:1-Oct-19 361-548-5660 Cell email peterc@cctexas.com 210.893.6702 Fax emartinez@dwcomm.com XL-200P PORTABLE, FULL KEYPAD, 700/800 Item Part # Description Qty. Unit List Disc. % Unit Sale Ext Sale POLICE DEPARTMENT PORTABLE RADIOS 1 XL-PFM1M PORTABLE,XL-200P,FULL,MIDNT BLK,US 585 2,900.00$ 26%2,146.00$ 1,255,410.00$ 2 XL-PL4L FEATURE, SINGLE BAND, 7/800 585 0.01$ 100%-$ -$ 3 XL-PL4F FEATURE,P25 PHASE 2 TDMA 585 250.00$ 26%185.00$ 108,225.00$ 4 XL-PL9E FEATURE, SINGLE-KEY AES ENCRYPTION 585 0.01$ 0%0.01$ 5.85$ 5 XL-PL4U FEATURE, SINGLE-KEY DES ENCRYPTION 585 0.01$ 0%0.01$ 5.85$ 6 XL-P25ED FEATURE PACKAGE, P25 AND EDACS TRUNKING 585 2,000.00$ 26%1,480.00$ 865,800.00$ 7 XL-PA3V BATTERY,LI-ION,3100 MAH 585 150.00$ 26%111.00$ 64,935.00$ 8 XL-NC8F ANTENNA,WHIP,1/4 WAVE,762-870MHZ 585 35.00$ 26%25.90$ 15,151.50$ 9 XL-AE2V SPEAKER MIC, REVO NC2, C1D2 585 190.00$ 26%140.60$ 82,251.00$ 10 XL-HC4K CASE,LEATHER,PREMIUM,BELT LOOP,D-SWIVEL 585 145.00$ 26%107.30$ 62,770.50$ 11 XL-CH4X CHARGER,1-BAY 585 150.00$ 26%111.00$ 64,935.00$ TOTAL FOR RADIO PACKAGE:5,820.03$ 4,306.82$ 12 DWC-Labor Radio Programming 585 37.50$ 0%37.50$ 21,937.50$ 13 DWC-Shipping Shipping / Handling 585 12.10$ 0%12.10$ 7,078.50$ Sub Total 2,548,505.70$ XL-200P PORTABLE, FULL KEYPAD, 700/800 UL HAZ LOC C1D1 Item Part # Description Qty. Unit List Disc. % Unit Sale Ext Sale FIRE DEPARTMENT PORTABLE RADIOS 1 XL-PFM1M PORTABLE,XL-200P,FULL,MIDNT BLK,US 185 2,900.00$ 26%2,146.00$ 397,010.00$ 2 XL-PL4L FEATURE, SINGLE BAND, 7/800 185 0.01$ 100%-$ -$ 3 XL-PL4F FEATURE,P25 PHASE 2 TDMA 185 250.00$ 26%185.00$ 34,225.00$ 4 XL-PL9E FEATURE, SINGLE-KEY AES ENCRYPTION 185 0.01$ 0%0.01$ 1.85$ 5 XL-PL4U FEATURE, SINGLE-KEY DES ENCRYPTION 185 0.01$ 0%0.01$ 1.85$ 6 XL-P25ED FEATURE PACKAGE, P25 AND EDACS TRUNKING 185 2,000.00$ 26%1,480.00$ 273,800.00$ 7 XS-PA2A BATT, LION, 3100, HAZLOC RADIO ULC1D2 185 225.00$ 26%166.50$ 30,802.50$ 8 XL-NC8F ANTENNA,WHIP,1/4 WAVE,762-870MHZ 185 35.00$ 26%25.90$ 4,791.50$ 9 XL-AE2W SPEAKER MIC, 500F, XL-200P 185 399.00$ 26%295.26$ 54,623.10$ 10 XL-HC4K CASE,LEATHER,PREMIUM,BELT LOOP,D-SWIVEL 185 145.00$ 26%107.30$ 19,850.50$ 11 XL-CH4X CHARGER,1-BAY 185 150.00$ 26%111.00$ 20,535.00$ TOTAL FOR RADIO PACKAGE:6,104.03$ 4,516.98$ 12 DWC-Labor Radio Programming 185 37.50$ 0%37.50$ 6,937.50$ 13 DWC-Shipping Shipping / Handling 185 12.10$ 0%12.10$ 2,238.50$ Sub Total 844,817.30$ Portable Radios Extended Total 3,393,323.00$ 3440 E. Houston St., San Antonio, TX 78219 Fed Tax ID: 74-1873279 Dailey and Wells Communications, Inc. Confidential 10/2/2019 Page 1 Attachment B: Pricing Schedule XG-75M Mobile, Scan Model, Remote Mount, 764/870MHz, Item Part Number Description Qty.Unit List Disc. %Unit Sale Ext Sale POLICE DEPARTMENT MOBILE RADIOS 1 MAMW-SDMXX MOBILE,XG-75M/M7300,764-870MHZ,HALF DPLX 16 2,300.00$ 26%1,702.00$ 27,232.00$ 2 MAMW-NPL3R Feature,Max(1024+) System/Groups 16 0.01$ 0%0.01$ 0.16$ 3 MW-PL4F Feature, P25 Phase 2, TDMA 16 250.00$ 26%185.00$ 2,960.00$ 4 MW-PL9E FEATURE, SINGLE-KEY AES ENCRYPTION 16 0.01$ 0%0.01$ 0.16$ 5 MW-PL4U Feature, Single-Key DES Encryption 16 0.01$ 0%0.01$ 0.16$ 6 MW-P25ED FEATURE PACKAGE,P25 TRUNKING & EDACS 16 1,600.00$ 26%1,184.00$ 18,944.00$ 7 MAMW-NCP9E CONTROL UNIT, CH-721, SCAN, REMOTE MOUNT 16 720.00$ 26%532.80$ 8,524.80$ 8 MAMW-NZN7R ACCESSORIES,XG-75M/M7300 REMOTE MOUNT 16 360.00$ 26%266.40$ 4,262.40$ 9 MAMW-NMC7Z MICROPHONE,STD,STRAIGHT CONNECTOR 16 80.00$ 26%59.20$ 947.20$ 10 AN-225001-001 Antenna,Element,700/800 3dB 16 90.00$ 26%66.60$ 1,065.60$ 11 AN-125001-002 Antenna,Base,Standard Roof Mnt Low Loss 16 80.00$ 26%59.20$ 947.20$ TOTAL FOR RADIO PACKAGE:5,480.03$ 4,055.23$ 12 DWC-Labor Radio Programming 16 37.50$ 0%37.50$ 600.00$ 13 DWC-Labor Mobile Radio Installation 16 235.00$ 0%235.00$ 3,760.00$ 14 DWC-Shipping Shipping/Handling 16 15.00$ 0%15.00$ 240.00$ Sub Total 69,483.68$ XG-75M Mobile, Scan Model, Remote Mount, 764/870MHz, Item Part Number Description Qty.Unit List Disc. %Unit Sale Ext Sale FIRE DEPARTMENT MOBILE RADIOS 1 MAMW-SDMXX MOBILE,XG-75M/M7300,764-870MHZ,HALF DPLX 24 2,300.00$ 26%1,702.00$ 40,848.00$ 2 MAMW-NPL3R Feature,Max(1024+) System/Groups 24 0.01$ 0%0.01$ 0.24$ 3 MW-PL4F Feature, P25 Phase 2, TDMA 24 250.00$ 26%185.00$ 4,440.00$ 4 MW-PL9E FEATURE, SINGLE-KEY AES ENCRYPTION 24 0.01$ 0%0.01$ 0.24$ 5 MW-PL4U Feature, Single-Key DES Encryption 24 0.01$ 0%0.01$ 0.24$ 6 MW-P25ED FEATURE PACKAGE,P25 TRUNKING & EDACS 24 1,600.00$ 26%1,184.00$ 28,416.00$ 7 MAMW-NCP9E CONTROL UNIT, CH-721, SCAN, REMOTE MOUNT 24 720.00$ 26%532.80$ 12,787.20$ 8 MAMW-NZN7R ACCESSORIES,XG-75M/M7300 REMOTE MOUNT 24 360.00$ 26%266.40$ 6,393.60$ 9 MAMW-NMC7Z MICROPHONE,STD,STRAIGHT CONNECTOR 24 80.00$ 26%59.20$ 1,420.80$ 10 AN-225001-001 Antenna,Element,700/800 3dB 24 90.00$ 26%66.60$ 1,598.40$ 11 AN-125001-002 Antenna,Base,Standard Roof Mnt Low Loss 24 80.00$ 26%59.20$ 1,420.80$ TOTAL FOR RADIO PACKAGE:5,480.03$ 4,055.23$ 12 DWC-Labor Radio Programming 24 37.50$ 0%37.50$ 900.00$ 13 DWC-Labor Mobile Radio Installation 24 235.00$ 0%235.00$ 5,640.00$ 14 DWC-Shipping Shipping/Handling 24 15.00$ 0%15.00$ 360.00$ Sub Total 104,225.52$ P.O TBD Mobile Radios Extended Total 173,709.20$ Bill to: City of Corpus Christi Overall Total 3,567,032.20$ Accounts Payable PO Box 9277 SPECIAL TERMS:Payment 1 Due Nov.22, 2019:1,189,010.73$ Corpus Christi TX 78469-9277 Dailey-Wells Payment for $3,567,032.20 with 0%Payment 2 Due Oct 1, 2020:1,189,010.73$ interest to City detailed on separate agreement Payment 3 Due Oct 1, 2021:$ 1,189,010.74 Ship To:City of Corpus Christi with the following paymment schedule: $ 3,567,032.20Police Department Pricing: Valid until November 30, 2019 321 John Sartain St 5th Floor Corpus Christi TX 78401 Dailey and Wells Communications, Inc. Confidential 10/2/2019 Page 2 Attachment C: Insurance and Bond Requirements A.CONTRACTOR’S LIABILITY INSURANCE 1.Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. 2.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of cancellation, non-renewal, material change or termination required on all certificates and policies. Bodily Injury and Property Damage Per occurrence - aggregate ERRORS & OMMISSIONS $1,000,000 Per Occurrence $1,000,000 Aggregate CYBER LIABILITY $1,000,000 Per Occurrence $1,000,000 Aggregate COMMERCIAL GENERAL LIABILITY including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $1,000,000 Aggregate AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $1,000,000 Combined Single Limit Page 1 of 3 WORKERS’S COMPENSATION (All States Endorsement if Company is not domiciled in Texas) Employers Liability Statutory and complies with Part II of this Exhibit. $500,000/$500,000/$500,000 3.In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. B.ADDITIONAL REQUIREMENTS 1.Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers’ Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. 2.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3.Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and Page 2 of 3 •Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. 5.Within five (5) calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this contract. 8.It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2019 Insurance Requirements Ins. Req. Exhibit 7- I - IT Contracts – Software Support, Configuration, Implementation and Maintenance - Hardware Installation – Auto Liability 05/01/2019 Risk Management – Legal Dept. No bond is required for this service agreement. Page 3 of 3 U.S. EQUIPMENT WARRANTY A.Harris Corporation, a Delaware Corporation, through its Communication Systems Segment (hereinafter “Seller”) warrants to the original purchaser for use (hereinafter “Buyer”) that Equipment manufactured by or for the Seller shall be free from defects in material and workmanship and shall conform to its published specifications. With respect to all non-Seller Equipment, Seller gives no warranty, and only the warranty, if any, given by the manufacturer shall apply. Rechargeable batteries are excluded from this warranty and are warranted under a separate Rechargeable Battery Warranty (ECR-7048). B.Seller’s obligations set forth in Paragraph C below shall apply only to failures to meet the above warranties occurring within the following periods of time from date of sale to the Buyer and are conditioned on Buyer’s giving written notice to Seller within thirty (30) days of such occurrence: 1.for fuses and non-rechargeable batteries, operable on arrival only 2.for service parts, ninety (90) days 3.for mobile and portable radios (“Subscriber Units”), twenty-four (24) months 4.for Unity® model Subscriber Units, thirty-six (36) months 5.for radio accessories, one (1) year 6.for all other equipment of Seller’s manufacture, one (1) year C.During the Warranty Period, if Hardware fails to meet the foregoing warranties, Seller shall, at its option, correct the failure by: (1) repairing defective or damaged parts or Hardware, or (2) making available any necessary repaired or replacement parts, or (3) by providing new or refurbished parts or new or refurbished equipment. Seller will be responsible for shipping charges incurred in returning repaired parts, replacement parts, or hardware to Buyer. All warranty work must be conducted during normal business hours at Seller’s place of business. Any repaired or replacement parts or Hardware furnished hereunder shall be warranted for the remaining unexpired portion the original Warranty Period of that part or Hardware. The original Warranty Period shall not be extended. Where such failure cannot be corrected by Seller’s commercially reasonable efforts, Seller will refund to Buyer the fees paid for the parts or Hardware less depreciation. D.Seller’s obligations under Paragraph C shall not apply to any Equipment, or part thereof, which (i) has been modified or otherwise altered other than pursuant to Seller’s written instructions or written approval or, (ii) is normally consumed in operation or, (iii) has a normal life inherently shorter than the warranty periods specified in Paragraph B, or (iv) is not properly stored, installed, used, maintained or repaired, or, (v) has been subjected to any other kind of misuse or detrimental exposure, or has been involved in an accident. E.The preceding paragraphs set forth the exclusive remedies for claims based upon defects in or nonconformity of the Equipment, whether the claim is in contract, warranty, tort (including negligence), strict liability or otherwise, and however instituted. Upon the expiration of the warranty period, all such liability shall terminate. The foregoing warranties are exclusive and in lieu of all other warranties, whether oral, written, expressed, implied or statutory. NO IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE SHALL APPLY. IN NO EVENT SHALL THE SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES. THIS WARRANTY APPLIES ONLY WITHIN THE UNITED STATES. HARRIS CORPORATION Communication Systems Segment 221 Jefferson Ridge Parkway Lynchburg, VA 24501 1-800-368-3277 HARRIS CORPORATION Communication Systems Segment 1680 University Avenue Rochester, NY 14610 1-585-244-5830 © 2019 Harris Corporation. All rights reserved. ECR-7047W 01/19 www.harris.com Attachment D: Warranty Requirements Page 1 of 1 AGENDA MEMORANDUM Action Item for the City Council Meeting of September 8, 2020 DATE: August 18, 2020 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Bill Mahaffey, Director of Gas Operations BillM@cctexas.com (361) 826-1801 Kim Baker, Director of Contracts and Procurement kimb2@cctexas.com (361) 826-3169 CAPTION: Motion awarding a three year Master Services Agreement for professional engineering design services to Binkley & Barfield, Inc., Corpus Christi, Texas for the design of a New Gas Transmission Main extending service to Annaville and Calallen in an amount up to $300,000 with two one-year renewal options to be administratively authorized for up to $100,000 per year for a total amount not to exceed $500,000, located in Council District 1, with funding available from the Gas Capital Reserve fund. SUMMARY: This motion awards a Master Services Agreement (MSA) to Binkley & Barfield, Inc to perform professional engineering design services like preparing construction drawings, site investigation, coordination with regulatory agencies like Texas Department of Transportation for permits, cost estimation to support the New Gas Transmission Main capital improvement project which will extend existing City gas distribution system to the Annaville and Calallen areas. BACKGROUND AND FINDINGS: The Engineering Services Department does not currently have an MSA for projects on the New Gas Transmission Main. Any previous work was done internally by the City in-house crew. Additionally, small contracts are issued when services are required that sometimes cause delays. This MSA will create an efficient mechanism to track the Citywide gas transmission main projects. The capital improvement plan for the New Gas Transmission Main consists of installing Master Service Agreement New Gas Transmission Main approximately 35,000 linear feet of high-pressure mains varying in size from 4 to 16 inches. The gas mains are installed by City crews that will extend the existing City’s gas distribution system to the Annaville and Calallen areas. Connecting the two systems will provide increased reliability and capacity of gas to the Annaville and Calallen area. The MSA with Binkley and Barfield, Inc. shall support the New Gas Transmission Main project by performing professional engineering services as required. The scope of services include, but are not limited to: site investigations, design drawings for new gas infrastructure, coordination with regulatory agencies analysis with recommendations developing project scopes, cost estimating, design and constructability peer review, cost and schedule controls, design management, and other support services as required by the City’s Gas Department. The MSA contract is for a three-year term with two one-year administrative renewal options. Individual task orders will be issued in an amount up to $300,000 for the first year and in an amount up to $100,000 per year for the two one-year options, and not to exceed a total amount of $500,000. Task orders will be administratively approved. COMPETITIVE SOLICITATION PROCESS Binkley & Barfield, Inc. was selected in March 2020 under RFQ 2667. New Gas Transmission Main was one of eight Professional Engineering Services projects announced under this RFQ. Two firms submitted for the New Gas Transmission Main project. Binkley & Barfield, Inc. was the highest ranked firm. The selection committee consisted of representatives from the Gas Department and Engineering Services. Firms were ranked based on five factors: 1) 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 would require Engineering Services to advertise, solicit, and award multiple smaller contracts significantly impacting cost and schedule of the New Gas Transmission Main project. FISCAL IMPACT: The fiscal impact for FY 2020 is an amount of $300,000 to be funded through Gas Capital Reserve fund. Specific funding details will be determined at the time a task order is issued. Funding Detail: Funding will be at the task order level and these services will be charged against the benefiting projects. RECOMMENDATION: Staff recommends approval of this motion to award this MSA to Binkley & Barfield, Inc. in an amount up to $300,000 for a three-year term and two one-year renewal options up to $100,000 per year to be administratively authorized for a total amount not to exceed $500,000. LIST OF SUPPORTING DOCUMENTS: MSA for Professional Services Location and Vicinity Map 37 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES NEW GAS TRANSMISSION MAIN VICINITY MAP NOT TO SCALE PROJECT NUMBER: E12131 LOCATION MAP NOT TO SCALE PROJECT LOCATION PROJECT LOCATION N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES NEW GAS TRANSMISSION MAIN AERIAL MAP NOT TO SCALE PROJECT NUMBER:E12131CLARKWOOD RD.PROJECT LOCATION LE O P A R D S T . L E X ING TON B L VD . AGNES ST. 358CORPUS CHRISTI INTERNATIONAL AIRPORT 37 RFQ 2667 Professional Engineering Services - New Gas Transmission Main Project Procurement Officer: Clarissa Johnson Proposal Evaluation Binkley & Barfield Urban Engineering Minimum Qualifications Pass / Fail Pass Pass No outstanding regulatory issues References provided for firm Required forms provided: Disclosure of Interest Form , Business Designation and Ethical Behavior Form Technical Proposal Technical Proposal (100 points) Firm's Experience and Qualifications of Firm (20 Points) Experience and Qualifications of the Project Manager and Key Staff (20 Points) Project Approach/Management Plan (20 Points) Respondent Capacity (20 Points) Respondent Past Performance (20 Points) Total Points 90.7 86.3 Pass Pass Page 1 of 2 Page 1 Rev. 20-5 SERVICE AGREEMENT NO. 3040 Project No. E12131 – New Gas Transmission Main 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 Binkley & Barfield, Inc. 921 North Chaparral Street, Suite 211, Corpus Christi, Texas 78401, Nueces County, Texas (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER ..................................................................................... 2 ARTICLE II COMPENSATION ................................................................................................. 3 ARTICLE III QUALITY CONTROL PLAN .................................................................................. 4 ARTICLE IV INSURANCE REQUIREMENTS ........................................................................... 4 ARTICLE V INDEMNIFICATION .............................................................................................. 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 5 ARTICLE VII TERMINATION OF AGREEMENT ....................................................................... 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT ......................................................................... 6 ARTICLE IX OWNER REMEDIES ............................................................................................ 6 ARTICLE X CONSULTANT REMEDIES .................................................................................. 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ............................................................... 7 ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................ 9 EXHIBITS DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 Page 2 Rev. 20-5 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. DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 Page 3 Rev. 20-5 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 $300,000.00. 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. DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 Page 4 Rev. 20-5 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. DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 Page 5 Rev. 20-5 ARTICLE VI – TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task 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 three years beginning on the Effective Date, unless extended by authority of the City Manager or designee. The Agreement may be renewed for up to two one-year renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration 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. DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 Page 6 Rev. 20-5 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. DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 Page 7 Rev. 20-5 9.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings, specifications or other documents prepared by the Consultant to the extent that the financial losses are greater than the City would have originally paid had there not been defects, errors and omissions in the documents. 9.2 The City may assert a claim against the Consultant’s professional liability insurance as appropriate when other remedies are not available or offered for design deficiencies discovered during and after Project construction. 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 DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 Page 8 Rev. 20-5 days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request for remedy or (iii) request Alternative Dispute Resolution. 11.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall proceed diligently with performance of the Agreement and City shall continue to make payments in accordance with this Agreement. 11.2 Alternative Dispute Resolution 11.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and 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 DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 Page 9 Rev. 20-5 it is not clearly and unambiguously waived by state law. ARTICLE XII – MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 Page 10 Rev. 20-5 signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. 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. CITY OF CORPUS CHRISTI BINKLEY & BARFIELD, INC. ________________________________ ________________________________ Michael Rodriguez (Date) Youssef Laham, PE (Date) Chief of Staff Sr. Vice President 921 North Chaparral Street, Suite 211 Corpus Christi, Texas 78401 YL@binkleybarfield.com ojuria@binkleybarfield.com APPROVED AS TO LEGAL FORM ________________________________ Assistant City Attorney (Date) for City Attorney DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 6/23/2020 Page 11 Rev. 20-5 ATTEST _______________________________ Rebecca Huerta, City Secretary DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 Master Services Agreement EXHIBIT A SCOPE OF SERVICES This project consists of installing approximately 35,000 feet of high-pressure mains varying in size from 4 to 16 inches. This will connect existing City distribution system to the Annaville/Calallen distribution system. Connecting the two system will increase reliability and capacity to Annaville/Calallen area. This project will be completed by City crews. DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 Binkley & Barfield, Inc. | Registration No. F-257 • 1710 Seamist Drive - Houston, Texas 77008 • Tel: 713.869.3433 | Fax: 713.869.6702 • www.BinkleyBarfield.com May 26, 2020 Mr. J. H. Edmonds, P.E. Director of Engineering Services City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78469-9277 SUBJECT: RE: Proposal for Master Service Agreement (MSA) - Exhibit B Binkley & Barfield, Inc. (BBI) New Gas Transmission Line City Project No. E12131 Dear Mr. Edmonds: Binkley & Barfield, Inc. (BBI) is pleased to present this proposal for a standard 3-year term, Master Service Agreement (MSA) in connection with the City of Corpus Christi, Professional Engineering Services for Various Projects (RFQ No. 2667) for an amount not to exceed of $300,000. BBI has been selected to perform professional consulting services for the New Gas Transmission Main (Category III, Project 2). This project is within the City of Corpus Christi limits, and services provided will be in accordance with City of Corpus Christi standards. This proposal serves as Exhibit ‘B’ for the contract. Purpose of Services The purpose of the project is to connect City gas distribution system to the Annaville/Calallen distribution system. The two systems will increase reliability and capacity to Annaville/Calallen area. Scope of Work This project consists of installing approximately 35,000 feet of high-pressure gas mains varying in size from 4 to 16 inches. These new mains are to connect the existing City distribution system to the Annaville/Calallen distribution system, and the project construction will be completed by City crews. Per the MSA, the City and the Gas Department will issue task-based directives regarding the location and limits of work for surveying and design. The duration of the contract work provided is on-going for a 3-year term, and subject to renewal for two 1-year terms, for a total of 5-years. BBI is to provide professional consulting services consistent with the City of Corpus Christi MSA contract, by Task, for the following services: •A field site investigation of the project limits will be performed. •Surveying services within project limits, or specific task (TBD) •Construction Staking, as needed •Utility coordination, as needed EXHIBIT B Page 1 of 3 DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 Page 2 •SUE services, compliant with Levels B, C, and D (Level A recommendations)(TBD) •Produce signed and sealed plan and profile drawings by a registered engineer in the State of Texas for permitting through multiple agencies •Documentation and forms required for State and Local government permitting •Attend meetings with the city Project Manager and Gas to confirm and coordinate the requirements of the project and Tasks, as needed •Coordinate with the Project Manager, and the City, as required •All changes or revisions in the submittal to be revised by BBI, unless warranted. All documents to be submitted in City-preferred format. •Prepare complete design package utilizing MicroStation or AutoCAD •Develop Traffic control plans as needed •Provide As-built or Record Drawings, as needed The City is to provide BBI the following services, by task: •Project coordination of each Task consisting of limits and scope of work •Provide Task limits of work •Provide recommendations for SUE Services complying with Level A, as needed •Submittal review meeting for feedback Exclusions Other services not specifically listed herein but are deemed necessary to complete the Tasks will be performed based on a negotiated, lump sum fee. Schedule This project is a 3-year base contract of $300,000 with two (2) 1-year renewals. Work for this MSA contract will be completed by Task, as directed by City, and subject to the days from the issuance of a Notice-to- Proceed (NTP) to completion and approval of final deliverables. Compensation Services will be provided on a Time and Materials (T&M) or a lump sum basis, which will be billed through task authorizations. Negotiated fees will be authorized through multiple task authorizations detailing the scope of work and the schedule for a total not-to-exceed contract amount, as shown below. The proposal fees for this contract are for a total not-to-exceed amount of $300,000 for an initial 3-year term, with two optional one year renewals. For services provided on a T&M basis, monthly invoices will be provided by the Engineer based on actual working hours and associated expenses at agreed upon hourly rates. The Director of Engineering Services Department is responsible for approving task orders to the Engineer and approving daily/weekly/monthly hours. The Engineer is required to submit a detailed and approved man-hour breakdown accompanying with monthly invoices to Engineering Services for payment. EXHIBIT B Page 2 of 3 DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 EXHIBIT B Page 3 of 3 DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 Classification Unit Billable Rate Principal Hour $254.70 Sr. Project Manager Hour $206.40 Project Manager Hour $180.00 Structural Engineer Hour $180.00 Construction Manager Hour $180.00 Sr. Project Engineer Hour $151.20 Project Engineer Hour $128.70 Field Engineer Hour $139.50 Electrical & Instrumentation Engineer Hour $151.20 Engineer Technician Hour $126.00 EIT II Hour $116.10 Graduate Engineer/EIT I Hour $101.70 Structural Inspector Hour $116.10 Construction Observer/Sr. Inspector III Hour $116.10 Construction Observer/Inspector II Hour $107.10 Construction Observer/Inspector I Hour $88.20 Sr. Designator (Lead SUE Worker)Hour $97.20 Designator (SUE Worker)Hour $83.70 Sr. Utility Coordinator Hour $140.40 Utility Coordinator Hour $122.40 Sr. Electrical Designer Hour $132.30 Sr. CADD/Designer Hour $125.10 CADD/Designer Hour $113.40 CADD Technician Hour $92.70 Sr. Clerical/Administrator/Document Specialist/Recordkeeper Hour $79.20 Clerical/Administrator Hour $73.80 Binkley & Barfield, Inc. 2020 Billable Rates by Classification 1.After 2020, maximum rates can be determined by using an annual escalation rate of 5% or will be renegotiated. 2.Subconsultant, reproduction, delivery, and other associated expenses shall be reimbursed at cost plus 10%. 3.Mileage shall be reimbursed at the current federal rate as published by the IRS. Direct Expenses Revised: 6/3/2020 EXHIBIT B-1 Page 1 of 1 DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE. FAILURE TO COMPLY WILL RESULT IN DELAYED PAYMENT OF INVOICES. If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit CPage 1 of 1DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 1 Exhibit D Page 1 of 3 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, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2.Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 2 Exhibit D Page 2 of 3 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 DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 3 Exhibit D Page3 of 3 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. DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 EXHIBIT F Page 1 of 22 DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 3.Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4.Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” o r “provide.” F.Contract Documents are written in modified brief style: 1.Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2.Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3.Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G.Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H.Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I.Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B.Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1.Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. EXHIBIT F Page 8 of 22 DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E.Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F.Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 – RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor’s Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer’s Responsibilities A.Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1.Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2.Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3.Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B.Designer may take the following action in processing Record Data: 1.File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2.Reject the Record Data for one of the following reasons: a.The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop EXHIBIT F Page 20 of 22 DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 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: A707ECAF-F470-44F4-ABAC-F897F9D02136 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 DocuSign Envelope ID: A707ECAF-F470-44F4-ABAC-F897F9D02136 AGENDA MEMORANDUM Action Item for the City Council Meeting of September 29, 2020 DATE: August 31, 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 CAPTION: Motion awarding a Master Services Agreement for General Civil Engineering Projects to Freese and Nichols, Inc. and Hanson Professional Services, Inc. both from Corpus Christi, Texas, in an amount up to $500,000 for a two-year term with each firm, with projects located Citywide, with FY 2021 funding available from the Utility Capital Program and Bond Program. SUMMARY: This motion approves a Master Services Agreement (MSA) to perform as-needed General Civil Projects in Engineering Services Department with Freese and Nichols, Inc., and Hanson Professional Services, Inc. The MSAs will address all aspects of civil engineering projects like street and roadway design, drainage design, site investigation, surveying, cost and schedule controls, and other projects. This will be a Master Service Agreement (MSA) with individual task orders with one or more consultants. BACKGROUND AND FINDINGS: Currently, the Engineering Services Department issues small contracts when project design services are required and does not have an MSA for General Civil Engineering Projects. This MSA will be available to all City of Corpus Christi (City) Departments and will address all aspects of civil engineering projects like street and roadway design, drainage design, site investigation, surveying, cost and schedule controls, analysis with recommendation of project scope, cost estimating, design and constructability peer review. Utilizing this MSA allows for expedited delivery of capital projects and provides a cost savings to the City based on negotiated rates for a larger volume of work. Individual task orders will be negotiated and Master Services Agreement General Civil Projects in Engineering Services Department approved administratively to meet the project requirements. COMPETITIVE SOLICITATION PROCESS Freese and Nichols, Inc., and Hanson Professional Services, Inc., were selected for this service in March 2020 under RFQ 2667. General Civil Projects in Engineering Services Department was one of eight categories of projects announced under the RFQ. Seven firms submitted for the General Civil projects and the top two were selected and contract rates were negotiated for these on call services. Freese and Nichols, Inc., and Hanson Professional Services, Inc., were the two highest ranked firms. The selection committee consisted of representatives from Engineering Services. Firms were ranked based on five factors: 1) 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 Engineering Services having to advertise, evaluate, and award a contract for each project requiring professional civil engineering services which may cause delays to the projects. FISCAL IMPACT: The fiscal impact for FY 2021 is an amount of $500,000 to be funded through the FY2021 Utility Capital Program and Bond Program Funds. 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 Freese and Nichols, Inc., and Hanson Professional Services, Inc., in the amount of $500,000 per firm for a two-year term. The services are planned to start in October 2020 with completion at the end of one year or depletion of contract capacity. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Evaluation Matrix Contract 37 37 181 77 N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Professional Civil Engineering Services Project Number: 20M0002LOCATION MAP NOT TO SCALE CITYWIDE PROJECT N CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES Professional Civil Engineering Services Project Number: 20M0002AERIAL MAP NOT TO SCALE CITYWIDE PROJECT RFQ 2667 Professional Engineering Services - General Civil Projects in Engineering Services Procurement Officer: Clarissa Johnson Proposal Evaluation Consor Engineers, LLC Freese & Nichols Halff Associates Hanson Professional Services HDR Engineering Lockwood Andrews & Newnam Munoz Engineering Minimum Qualifications Pass / Fail No outstanding regulatory issues References provided for firm Required forms provided: Disclosure of Interest Form , Business Designation and Ethical Behavior Form Technical Proposal Technical Proposal (100 points) Firm's Experience and Qualifications of Firm (20 Points) Experience and Qualifications of the Project Manager and Key Staff (20 Points) Project Approach/Management Plan (20 Points) Respondent Capacity (20 Points) Respondent Past Performance (20 Points) Total Points 82.3 94.3 81.7 89.3 86.7 83.3 80.7 PASSPASSPASSPASSPASSPASSPASS Page 1 of 2 Page 1 Rev. 20-5 SERVICE AGREEMENT NO. 3048 GENERAL CIVIL PROJECTS IN ENGINEERING SERVICES DEPARTMENT PROJECT NO. 20M0002 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 Hanson Professional Services, Inc., 4501 Gollihar Road. Corpus Christi, Texas 78411 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER ..................................................................................... 2 ARTICLE II COMPENSATION ................................................................................................. 3 ARTICLE III QUALITY CONTROL PLAN .................................................................................. 4 ARTICLE IV INSURANCE REQUIREMENTS ........................................................................... 4 ARTICLE V INDEMNIFICATION .............................................................................................. 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 5 ARTICLE VII TERMINATION OF AGREEMENT ....................................................................... 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT ......................................................................... 6 ARTICLE IX OWNER REMEDIES ............................................................................................ 6 ARTICLE X CONSULTANT REMEDIES .................................................................................. 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ............................................................... 7 ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................ 9 EXHIBITS DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 Page 2 Rev. 20-5 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. DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 Page 3 Rev. 20-5 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 $500,000.00. 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. DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 Page 4 Rev. 20-5 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. DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 Page 5 Rev. 20-5 ARTICLE VI – TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task 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 TWO years beginning on the Effective Date, unless extended by authority of the City Manager or designee. The Agreement has ZERO/NULL renewal years. 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 DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 Page 6 Rev. 20-5 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 DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 Page 7 Rev. 20-5 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. DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 Page 8 Rev. 20-5 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. DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 Page 9 Rev. 20-5 ARTICLE XII – MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 Page 10 Rev. 20-5 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. CITY OF CORPUS CHRISTI ________________________________ Michael Rodriguez (Date) Chief of Staff HANSON PROFESSIONAL SERVICES, INC ________________________________ James Messmore, (Date) Senior Vice-President 4501 Gollihar Road Corpus Christi, Texas 78411 JMessmore@hanson-inc.com APPROVED AS TO LEGAL FORM ________________________________ Assistant City Attorney (Date) for City Attorney ATTEST ______________________________ Rebecca Huerta, City Secretary DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 9/9/2020 Master Services Agreement EXHIBIT A SCOPE OF SERVICES The project provides the City with specialized expertise with technical, structural and civil issues related to infrastructure and right-of-way. 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 constructability peer review, cost and schedule controls, design management, and other support services as required by the City. The Consultant should demonstrate experience with infrastructures such as piers, streets, retaining walls and slope stability, small buildings such as maintenance buildings, irrigation systems, etc. EXHIBIT A PAGE 1 OF 1 DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 EXHIBIT B PAGE 1 OF 1 DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE. FAILURE TO COMPLY WILL RESULT IN DELAYED PAYMENT OF INVOICES. If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit CPage 1 of 1DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 1 Rev 01/20 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, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2.Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must EXHIBIT D PAGE 1 OF 3 DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 2 Rev 01/20 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 EXHIBIT D PAGE 2 OF 3 DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 3 Rev 01/20 applicable endorsements to City. City shall have the option to suspend Consultant's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 1.8 In addition to any other remedies the City may have upon Consultant's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Consultant to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Consultant hereunder until Consultant demonstrates compliance with the requirements hereof. 1.9 Nothing herein contained shall be construed as limiting in any way the extent to which Consultant may be held responsible for payments of damages to persons or property resulting from Consultant's or its subcontractor’s performance of the work covered under this agreement. 1.10 It is agreed that Consultant's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. 1.11 It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. EXHIBIT D PAGE 3 OF 3 DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 EXHIBIT “E” Page 1 of 2 SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known)N/A 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name TitleN/A 3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or CommitteeN/A 4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi whoworked on any matter related to the subject of this contract and has an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name ConsultantN/A DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 EXHIBIT “E” Page 2 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a.“Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.” g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 EXHIBIT F Page 1 of 22 DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 3.Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4.Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” o r “provide.” F.Contract Documents are written in modified brief style: 1.Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2.Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3.Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G.Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H.Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I.Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B.Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1.Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. EXHIBIT F Page 8 of 22 DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E.Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F.Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 – RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor’s Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer’s Responsibilities A.Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1.Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2.Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3.Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B.Designer may take the following action in processing Record Data: 1.File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2.Reject the Record Data for one of the following reasons: a.The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop EXHIBIT F Page 20 of 22 DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 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 DocuSign Envelope ID: 30DF9E57-0571-48D1-930D-6CDDE7877BE2 Page 1 Rev. 20-5 SERVICE AGREEMENT NO. 3047 GENERAL CIVIL PROJECTS IN ENGINEERING SERVICES DEPARTMENT PROJECT NO. 20M0002 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 Freese and Nichols, Inc., 800 North Shoreline Boulevard, Suite 1600N Corpus Christi, Texas 78401 (Consultant). TABLE OF CONTENTS ARTICLE NO. TITLE PAGE ARTICLE I PROJECT TASK ORDER ..................................................................................... 2 ARTICLE II COMPENSATION ................................................................................................. 3 ARTICLE III QUALITY CONTROL PLAN .................................................................................. 4 ARTICLE IV INSURANCE REQUIREMENTS ........................................................................... 4 ARTICLE V INDEMNIFICATION .............................................................................................. 4 ARTICLE VI TERM; RENEWALS; TIMES FOR RENDERING SERVICE ................................. 5 ARTICLE VII TERMINATION OF AGREEMENT ....................................................................... 5 ARTICLE VIII RIGHT OF REVIEW AND AUDIT ......................................................................... 6 ARTICLE IX OWNER REMEDIES ............................................................................................ 6 ARTICLE X CONSULTANT REMEDIES .................................................................................. 7 ARTICLE XI CLAIMS AND DISPUTE RESOLUTION ............................................................... 7 ARTICLE XII MISCELLANEOUS PROVISIONS ........................................................................ 9 EXHIBITS DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF Page 2 Rev. 20-5 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. DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF Page 3 Rev. 20-5 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 $500,000.00. 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. DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF Page 4 Rev. 20-5 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. DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF Page 5 Rev. 20-5 ARTICLE VI – TERM; RENEWALS; TIMES FOR RENDERING SERVICE 6.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date). 6.2 This Agreement shall be applicable to Task 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 TWO years beginning on the Effective Date, unless extended by authority of the City Manager or designee. The Agreement has ZERO/NULL renewal years. 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 DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF Page 6 Rev. 20-5 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 DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF Page 7 Rev. 20-5 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. DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF Page 8 Rev. 20-5 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. DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF Page 9 Rev. 20-5 ARTICLE XII – MISCELLANEOUS PROVISIONS 12.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this Agreement to any other person and/or party without the prior written consent of the other party, except for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of the termination of the partnership or joint venture, this contract will inure to the individual benefit of such partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance of receipt by the Consultant without written consent of the City. The City will not pay the fees of expert or technical assistance and consultants unless such employment, including the rate of compensation, has been approved in writing by the City. 12.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all information in whatsoever form and character produced and/or maintained in accordance with, pursuant to or as a result of this Agreement, including contract documents (plans and specifications), drawings and submittal data. Consultant may make a copy for its files. Any reuse, without specific written verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposure to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be signed and sealed by a professional engineer prior to re-use of modified plans. 12.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license; and performed as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect. 12.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or certification(s) at meetings of any official nature concerning the Project, including scope meetings, review meetings, pre-bid meetings and preconstruction meetings. 12.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall be that of independent contractor. City may explain to Consultant the City’s goals and objectives in regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or in what manner these goals and objectives are to be met. 12.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated Agreement between City and Consultant and supersedes all prior negotiations, representations or agreements, either oral or written. This Agreement may be amended only by written instrument signed by both the City and Consultant. 12.7 No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity other than the City and Consultant. Neither the City nor Consultant intends to create third party beneficiaries by entering into this Agreement. 12.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. 12.9 Certificate of Interested Parties. Consultant agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf_info_form1295.htm. The form must then be printed, signed and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF Page 10 Rev. 20-5 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. CITY OF CORPUS CHRISTI FREESE AND NICHOLS, INC. ________________________________ ________________________________ Michael Rodriguez (Date) Ron Guzman, PE (Date) Chief of Staff Principal/Vice President 800 N. Shoreline Boulevard, Suite 1600N Corpus Christi, TX 78401 (361)561-6520Office ron.guzman@freese.com APPROVED AS TO LEGAL FORM ________________________________ Assistant City Attorney (Date) for City Attorney ATTEST _______________________________ Rebecca Huerta, City Secretary DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 9/10/2020 Master Services Agreement EXHIBIT A SCOPE OF SERVICES The project provides the City with specialized expertise with technical, structural and civil issues related to infrastructure and right-of-way. 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 constructability peer review, cost and schedule controls, design management, and other support services as required by the City. The Consultant should demonstrate experience with infrastructures such as piers, streets, retaining walls and slope stability, small buildings such as maintenance buildings, irrigation systems, etc. EXHIBIT A PAGE 1 OF 1 DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF ATTACHMENT CO Hourly Rate Professional - 1 107 Professional - 2 130 Professional - 3 146 Professional - 4 169 Professional - 5 197 Professional - 6 225 Construction Manager - 1 85 Construction Manager - 2 111 Construction Manager - 3 131 Construction Manager - 4 164 CAD Technician/Designer - 1 91 CAD Technician/Designer - 2 117 CAD Technician/Designer - 3 145 Corporate Project Support - 1 87 Corporate Project Support - 2 105 Corporate Project Support - 3 139 Intern/ Coop 53 Senior Advisor 175 Rates for In-House Services and Equipment Mileage Bulk Printing and Reproduction Standard IRS Rates B&W Color Small Format (per copy)$0.10 $0.25 Technology Charge Large Format (per sq. ft.) $0.00 per hour Bond $0.25 $0.75 Glossy / Mylar $0.75 $1.25 Vinyl / Adhesive $1.50 $2.00 Mounting (per sq. ft.)$2.00 Binding (per binding)$0.25 OTHER DIRECT EXPENSES: These rates will be adjusted annually in February. 1022015 Position Other direct expenses are reimbursed at actual cost times a multiplier of 1.05. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from the FNI office. For other miscellaneous expenses directly related to the work, including costs of laboratory analysis, test, and other work required to be done by independent persons other than staff members, these services will be billed at a cost times a multipler of 1.05. For Resident Representative services performed by non-FNI employees and CAD services performed In-house by non-FNI employees where FNI provides workspace and equipment to perform such services, these services will be billed at cost times a multiplier of 2.0. This markup approximates the cost to FNI if an FNI employee was performing the same or similar services. FREESE AND NICHOLS, INC. RATES Compensation to FNI for Basic Services in Attachment SC shall be computed on the basis of the following Schedule of Charges. If FNI sees the Scope of Services changing so that Additional Services are needed,including but not limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the following Schedule of Charges.ot limited to those services described as Additional Services in Attachment SC, FNI will notify OWNER for OWNER's approval before proceeding. Additional Services shall be computed based on the following Schedule of Charges. EXHIBIT B PAGE 1 OF 1 DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF Sample form for: Payment Request AE Contract Revised 02/01/17 COMPLETE PROJECT NAME Project No. XXXX Invoice No. 12345 Invoice Date 01/01/2017 Total Current Previous Total Remaining Percent Basic Services:Contract Amd No. 1 Amd No. 2 Contract Invoice Invoice Invoice Balance Complete Preliminary Phase $1,000.00 $0.00 $0.00 $1,000.00 $0.00 $1,000.00 $1,000.00 $0.00 100.0% Design Phase $2,000.00 $1,000.00 $0.00 $3,000.00 $1,000.00 $500.00 $1,500.00 $1,500.00 50.0% Bid Phase $500.00 $0.00 $250.00 $750.00 $0.00 $0.00 $0.00 $750.00 0.0% Construction Phase $2,500.00 $0.00 $1,000.00 $3,500.00 $0.00 $0.00 $0.00 $3,500.00 0.0% Subtotal Basic Services $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services: Permitting $2,000.00 $0.00 $0.00 $2,000.00 $500.00 $0.00 $500.00 $1,500.00 25.0% Warranty Phase $0.00 $1,120.00 $0.00 $1,120.00 $0.00 $0.00 $0.00 $1,120.00 0.0% Inspection $0.00 $0.00 $1,627.00 $1,627.00 $0.00 $0.00 $0.00 $1,627.00 0.0% Platting Survey TBD TBD TBD TBD TBD TBD TBD TBD TBD O & M Manuals TBD TBD TBD TBD TBD TBD TBD TBD TBD SCADA TBD TBD TBD TBD TBD TBD TBD TBD TBD Subtotal Additional Services $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Summary of Fees: Basic Services Fees $6,000.00 $1,000.00 $1,250.00 $8,250.00 $1,000.00 $1,500.00 $2,500.00 $5,750.00 30.3% Additional Services Fees $2,000.00 $1,120.00 $1,627.00 $4,747.00 $500.00 $0.00 $500.00 $4,247.00 10.5% Total of Fees $8,000.00 $2,120.00 $2,877.00 $12,997.00 $1,500.00 $1,500.00 $3,000.00 $9,997.00 23.1% Notes: A PURCHASE ORDER NUMBER MUST BE INCLUDED ON ALL INVOICES AND INVOICE CORRESPONDENCE. FAILURE TO COMPLY WILL RESULT IN DELAYED PAYMENT OF INVOICES. If needed, update this sample form based on the contract requirements. If applicable, refer to the contract for information on what to include with time and materials (T&M).Exhibit CPage 1 of 1DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 1 Exhibit D Page 1 of 3 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, required on all certificates or by applicable policy endorsements Bodily Injury and Property Damage Per occurrence - aggregate Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence $2,000,000 Aggregate AUTO LIABILITY (including) 1. Owned 2.Hired and Non-Owned 3. Rented/Leased $500,000 Combined Single Limit PROFESSIONAL LIABILITY (Errors and Omissions) $1,000,000 Per Claim If claims made policy, retro date must DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 2 Exhibit D Page 2 of 3 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 DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 3 Exhibit D Page3 of 3 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. DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF EXHIBIT “E” Page 1 of 2 SUPPLIER NUMBER __________ TO BE ASSIGNED BY CITY PURCHASING DIVISION CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with “NA”. See reverse side for Filing Requirements, Certifications and definitions. COMPANY NAME: P. O. BOX: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 2.Partnership 3.Sole Owner4.Association 5.Other____________________________________ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1.State the names of each “employee” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Job Title and City Department (if known)N/A 2.State the names of each “official” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name TitleN/A 3.State the names of each “board member” of the City of Corpus Christi having an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name Board, Commission or CommitteeN/A 4.State the names of each employee or officer of a “consultant” for the City of Corpus Christi whoworked on any matter related to the subject of this contract and has an “ownership interest”constituting 3% or more of the ownership in the above named “firm.” Name ConsultantN/A DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF EXHIBIT “E” Page 2 of 2 FILING REQUIREMENTS If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, you shall disclose that fact in a signed writing to the City official, employee or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: DEFINITIONS a.“Board member.” A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. “Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. “Employee.” Any person employed by the City of Corpus Christi, Texas either on a full or part- time basis, but not as an independent contractor. d.“Firm.” Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e.“Official.” The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f.“Ownership Interest.” Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. “Constructively held” refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements.” g. “Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF Excerpt from FORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to design services Table of Contents Page Article 1 – Definitions and Terminology ....................................................................................................... 2 Article 2 – Preliminary Matters ..................................................................................................................... 8 Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8 Article 4 – Commencement and Progress of the Work ................................................................................ 9 Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9 Article 6 – Bonds and Insurance ................................................................................................................. 10 Article 7 – Contractor’s Responsibilities ..................................................................................................... 10 Article 8 – Other Work at the Site ............................................................................................................... 10 Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10 Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11 Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13 Article 12 – Change Management .............................................................................................................. 13 Article 13 – Claims ....................................................................................................................................... 14 Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16 Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16 Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16 Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16 Article 18 – Suspension of Work and Termination ..................................................................................... 16 Article 19 – Project Management ............................................................................................................... 16 Article 20 – Project Coordination ................................................................................................................ 16 Article 21 – Quality Management ............................................................................................................... 17 Article 22 – Final Resolution of Disputes .................................................................................................... 17 Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17 Article 24 – Document Management .......................................................................................................... 17 Article 25 – Shop Drawings ......................................................................................................................... 17 Article 26 – Record Data ............................................................................................................................. 20 Article 27 – Construction Progress Schedule .............................................................................................. 21 Article 28 – Video and Photographic documentation ................................................................................ 21 Article 29 – Execution and Closeout ........................................................................................................... 21 Article 30 – Miscellaneous .......................................................................................................................... 22 EXHIBIT F Page 1 of 22 DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 3.Perform or provide means to furnish and install specified services, materials, or equipment, complete and ready for their intended use. 4.Perform or provide the specified services, materials, or equipment complete and ready for intended use if the Contract Documents require specific services, materials, or equipment, but do not expressly use the words “furnish,” “install,” “perform,” o r “provide.” F.Contract Documents are written in modified brief style: 1.Requirements apply to all Work of the same kind, class, and type even though the word “all” is not stated. 2.Simple imperative sentence structure is used which places a verb as the first word in the sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or similar words include the meaning of the phrase “The Contractor shall...” before these words. 3.Unless specifically stated that action is to be taken by the OPT or others, it is understood that the action described is a requirement of the Contractor. G.Words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with this recognized meaning unless stated otherwise in the Contract Documents. H.Written documents are required where reference is made to notices, reports, approvals, consents, documents, statements, instructions, opinions or other types of communications required by the Contract Documents. Approval and consent documents must be received by Contractor prior to the action or decision for which approval or consent is given. These may be made in printed or electronic format through the OPT’s project management information system or other electronic media as required by the Contract Documents or approved by the OAR. I.Giving notice as required by the Contract Documents may be by printed or electronic media using a method that requires acknowledgment of the receipt of that notice. ARTICLE 2 – PRELIMINARY MATTERS ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE 3.01 Intent B.Provide equipment that is functionally complete as described in the Contract Documents. The Drawings and Specifications do not indicate or describe all of the Work required to complete the installation of products purchased by the Owner or Contractor. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Designer through the OAR. 3.02 Reference Standards Comply with applicable construction industry standards, whether referenced or not. 1.Standards referenced in the Contract Documents govern over standards not referenced but recognized as applicable in the construction industry. EXHIBIT F Page 8 of 22 DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF Submit any requested deviation that requires a change in Contract Price or Contract Times as a Change Proposal for approval prior to resubmitting the Shop Drawing. E.Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the Shop Drawing process is closed. F.Information that is submitted as a Shop Drawings that should be submitted as Record Data or other type of document, or is not required may be returned without review, or may be deleted. No further action is required and the Shop Drawing process for this document will be closed. ARTICLE 26 – RECORD DATA 26.01 Work Included 26.02 Quality Assurance 26.03 Contractor’s Responsibilities 26.04 Record Data Requirements 26.05 Special Certifications and Reports 26.06 Warranties and Guarantees 26.07 Record Data Submittal Procedures 26.08 Designer’s Responsibilities A.Record Data will be received by the Designer, logged, and provided to Owner as the Project record. 1.Record Data may be reviewed to see that the information provided is adequate for the purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may be rejected as unacceptable. 2.Record Data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. 3.Contractor’s responsibility for full compliance with the Contract Documents is not relieved by the review of Record Data. Contract modifications can only be approved by a Modification. B.Designer may take the following action in processing Record Data: 1.File Record Data as received if the cursory review indicates that the document meets the requirements of Paragraph 26.02. Document will be given the status of “Filed as Received” and no further action is required on that Record Data. 2.Reject the Record Data for one of the following reasons: a.The document submittal requirements of the Contract Documents indicate that the document submitted as Record Data should have been submitted as a Shop EXHIBIT F Page 20 of 22 DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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: 7D7DC809-1CF7-4E8A-9C05-C843501919FF 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 DocuSign Envelope ID: 7D7DC809-1CF7-4E8A-9C05-C843501919FF DATE: September 29, 2020 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, Director of Planning and Environmental Services DanielMc@cctexas.com (361) 826-7011 Kim Baker, Director of Contracts and Procurement KimB2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing an interlocal cooperation agreement with Texas A & M University- Corpus Christi (TAMUCC) in the amount not to exceed $150,499.58 for air quality monitoring service through December 31, 2021, effective upon issuance of a notice to proceed, with funding available in the No. 1071 Community Enrichment Grant fund. SUMMARY: This motion authorizes an interlocal cooperation agreement with TAMUCC to conduct air quality monitoring services. BACKGROUND AND FINDINGS: On May 12, 2020, the City Council approved a State Funded Grant Agreement with the Texas Commission of Environmental Quality (TCEQ) for air quality planning activities in areas considered to be near non-attainment for the ozone standard under the Federal Clean Air Act Amendments of 1990. The activities may include without limitation identifying, inventorying, and monitoring of current pollution levels; modeling future pollution levels and the identification and quantifications of potential pollution reduction through voluntary control. These activities will be consistent with TCEQ monitoring, inventory, and modeling approaches and infrastructure, and conduct air quality planning activities in the Coastal Bend Region. Air Quality Monitoring Service AGENDA MEMORANDUM Action Item for the City Council Meeting September 29, 2020 TAMUCC has been a partner with the City’s air quality planning activities for the Coastal Bend Region through the TAMUCC’s Pollution Prevention Partnership program. An interlocal agreement with the university will utilize research groups to collaborate with the City to accomplish tasks and submit air monitoring data to TCEQ. ALTERNATIVES: An alternative to conduct air quality monitoring would be to solicit firms to competitively bid these tasks. FISCAL IMPACT: There will be no fiscal impact for the General Fund in FY 2020. Funding is provided by the TCEQ Grant Agreement for staff administrative time and subcontractor services. Funding Detail: Fund: 1071 Community Enrichment Grants Organization/Activity: TCEQ 20-21 806069S Mission Element: 074 Environ & Regulatory Review Project # (CIP Only): n/a Account: 30000 Professional Services RECOMMENDATION: Staff recommends approval of this motion authorizing a n interlocal cooperation agreement with Texas A&M Corpus Christi as presented. LIST OF SUPPORTING DOCUMENTS: Interlocal Cooperation Agreement Resolution authorizing an interlocal cooperation agreement with Texas A & M University-Corpus Christi in the amount not to exceed $150,499.58 for air quality monitoring service through December 31, 2021, effective upon issuance of a notice to proceed, with funding available in the No. 1071 Community Enrichment Grant fund. Be it resolved by the City Council of the City of Corpus Christi, Texas: SECTION 1. That the City Manager or designee is authorized to execute an Interlocal Cooperation Agreement in an amount not to exceed $150,499.58 with Texas A&M University – Corpus Christi for air quality monitoring service. A copy of the agreement is on file in the Office of the City Secretary. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI _____________________________ ____________________________ Rebecca Huerta Joe McComb City Secretary Mayor 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 _______________________ DocuSign Envelope ID: DB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 INTERLOCAL COOPERATION AGREEMENT BETWEEN TEXAS A & M UNIVERSITY -CORPUS CHRISTI AND THE CITY OF CORPUS CHRISTI WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 DocuSign Envelope ID: 085939B9-BF6D-4C5D-9F40-4B2D5AE47E31 quality planning activities and projects that the City, in cooperation with its partners, will complete by December 31, 2021 (and possibly later if the Grant is extended based on authority received from the Texas Legislature to carry forward near non-attainment contract related monies from the 2015-2016 biennium into the 2016-2017 biennium) detailed in a Work Plan approved by the TCEQ, which is attached hereto as Exhibit A and incorporated by reference as if laid out here in its entirety; WHEREAS, TAMUCC has received a copy of TCEQ Contract No. 582-20-11981, including the Work Plan, and agrees that it can perform the work in accordance with the Work Plan; and WHEREAS, the technical support contemplated by this Agreement is of mutual interests and benefit to T AMUCC and City; it will further the status the instructional and research objectives of TAMUCC, in a manner consistent with its status as an agency of the State of Texas; and it will help the City accomplish objectives of its "Ozone Advance Intergovernmental Agreement" with the United States Environmental Protection Agency ("EAP") and TCEQ; NOW, THEREFORE, the parties hereto agree as follows; 1.GRANT SUBCONTRACT. Both the City and TAMUCC acknowledge that this Agreement is a subcontract to the City's Grant from TCEQ (TCEQ Contract No. 582-20-11981) and that the terms and conditions of the Grant control the administration and execution of this contract. a.The TCEQ Grant No. 582-20-11981 is incorporated into this Agreement by reference and is available upon request. A copy of TCEQ Contract No. 582-20- 11981 has been provide to T AMUCC. b.In the event any provision of this Agreement conflicts with terms of the Grant, the terms of the Grant control the administration and execution of this Agreement. c.TAMUCC agrees to comply with all requirements imposed by TCEQ that are applicable to subcontractors. d.TAMUCC agrees to conduct all of its activities in compliance with the terms of the Grant, and not to take any action that would cause or contribute to the City defaulting upon the terms of the Grant. e.TAMUCC shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services and other work furnished by TAMUCC under this Agreement. T AMUCC must perform the work in conformity with the standards and guidance documents provided by the TCEQ, the City and TCEQ may withhold reimbursement for costs of non-conforming work. DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 DocuSign Envelope ID: OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 2.STATEMENT OF WORK. TAMUCC agrees to use its best efforts to execute theWork Plan document, as provided in Exhibit A that describes down to the tasklevel (Task 3) the projects in support of the State Implementation Plan (SIP)development process and other types of air quality planning activities andprojects that the City, in cooperation with its partners, will complete by December31, 2021 as described in the Rider 7 Funding Request work Plan for a Corpus ChristiPollution Prevention Partnership and Educational Outreach Program, AttachmentB to TCEQ Contract No. 582-20-11981. 3.PRINCIPAL INVESTIGATORS. The program will be supervised by Dr. J. DavidFelix, of the Department of University Outreach. If, for any reason, Dr. Felix isunable to continue to serve as Principal Investigator, and a successor acceptableto both TAMUCC and the City is not available, the Agreement shall be terminatedas provided in paragraph 7. 4.PERIOD OF PERFORMANCE. The program shall be conducted from theexecution date of the contract through December 31, 2021. 5.PRICE AND PAYMENT.As compensation for the performance of the Agreement, the City agrees to reimburse TAMUCC up to $150,499,58 for expenses authorized under the Grant. a.This agreement is funded exclusively from funds made available to the City by the Grant. The City's obligation is limited by the provisions of the Grant. The City is not liable to make payment to TAMUCC, if funding is not available from TCEQ through the Grant. Payments may not exceed $150,499.58 from the execution of this Agreement to December 31, 2021. b.All contractual expenditures reimbursed with funds provided under this Agreement shall meet all procurement laws and regulations applicable to TAMUCC and the Uniform Grant Management Administration and the Uniform Grants Management Standards. Note that competitive bidding will generally be required for contracts with entities other than local governments and state and federal agencies. Note also that the Common Rule of 0MB Circular A-102, as adopted in the UGMS, precludes the use of the cost plus a percentage of cost of contracting. c.Any payment made by either the City or TAMUCC for any of the services provided pursuant to this Agreement shall be made out of current revenues available to such parties as required by the lnterlocal Cooperation Act. All funding obligations of TAMUCC and the City under this Agreement are subject to the appropriation of funds by each entity in its annual budget. d.TAMUCC shall forward any proposed sub-agreement providing for the performance of services under this Agreement to the City prior to execution of the sub-agreement. Neither the City's nor TCEQ's failure to question a sub- DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 DocuSign Envelope ID: OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 agreement nor its subsequent withdrawal of any questions raised regarding sub agreement shall in any way imply the City's or TCEQ's approval of the sub agreement's purpose or method of procurement of the sub-agreement. Further, the terms of this provision do not in any way restrict the City's and TCEQ's rights under this Agreement or the Grant to subsequently refuse reimbursement for expenses incurred pursuant of the sub-agreement. TAMUCC may require a bid bond to protect the local and state interests by assuring that the bidder will, upon acceptance, execute all required contractual documents within the time period specified. e.Invoices for compensation shall be submitted to the following address: City of Corpus Christi Attn: Sharon Bailey Lewis P.O. Box 9277 Corpus Christi, TX 78469-9277 6. DELIVERABLES. The deliverables required under this Agreement are specified in Exhibit A the Work Plan. 7.TERMINATION. Performance under this Agreement may be terminated by the City upon sixty days' written notice. Performance may be terminated by TAMUCC, if circumstances beyond its control preclude continuation of the Program. Upon termination, TAMUCC will be reimbursed for costs and non cancelable commitments incurred in the performance of the program, that are reimbursable under the Grant. However, reimbursement may not exceed the total estimated cost specified in paragraph 5. 8.INSURANCE. The City understands that TAMUCC is a Texas governmental entity subject to certain liability limitations under the law. Accordingly, the City will accept a self-insurance letter from TAMUCC for the insurance requirements under this Agreement. Before performance by any subcontractors can begin under this Agreement, TAMUCC must deliver a certificate of insurance ("COi") for the subcontractors, as proof of the required insurance coverages, to the City. 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 the attached Exhibit B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 9.INTELLECTUAL PROPERTY. a.Royalties and patent fees. TAMUCC shall pay all license fees, royalties and assume all costs incident to the use or possession in performance of the Work or incorporation in Work of any Intellectual Property. DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 DocuSign Envelope ID: OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 b.Disclosure of Intellectual Property Produced during the Work. TAMUCC shall promptly notify the City and TCEQ of all Intellectual Property that TAMUCC or TAMUCC's employees, subcontractors, or subcontractor's employees may produce, either solely or jointly with others during the course of Work. In addition, TAMUCC shall promptly notify the City and TCEQ of all intellectual property which TAMUCC may acquire in connection with the performance of the work. Any notification under this paragraph shall contain sufficient technical detail to convey a clear understanding of the intellectual property, and shall identify any publication, sale, public use, or impending publication. Promptly upon request TAMUCC shall supply additional information as the City and TCEQ may request. c.Failure to Protect Intellectual Property. If TAMUCC fails to protect any intellectual property produced in the course of performing the work, the City and TCEQ shall have full authority to protect, assume and retain all intellectual property rights in any and all intellectual property. d.Non-Interference with Intellectual Property Rights of City and TCEQ. TAMUCC agrees that its agents and its employees shall not in any manner use, sell, distribute, disclose or otherwise communicate any portion of intellectual property owned by or licensed to the City or TCEQ, except in the course of performing the work, unless TAMUCC has independent intellectual property rights to the intellectual property. e.Grant license. With respect to any intellectual property as is (i) incorporated in the work ( other than intellectual property for which the City and TCEQ already possess equal or greater intellectual property right by virtue of this Agreement or otherwise) or (ii) produced by T AMUCC or T AMUCC 's employees, subcontractors, or subcontractor's employees during the course of performing the work, TAMUCC hereby grants to the City and TCEQ (i) a nonexclusive, perpetual, irrevocable, enterprise-wide license to reproduce, publish, or otherwise use the intellectual property and associated use documentation, and (ii) a nonexclusive, perpetual irrevocable enterprise-wide license to authorize others to reproduce, publish, or otherwise use Intellectual property for the City's and TCEQ's purposes. f.Modification; Derivative Works. The City and TCEQ shall have the right at their own discretion, to independently modify any intellectual property to which license is granted for the City and TCEQ's own purposes and use, through the services of its own employees or independent contractors. The City and TCEQ shall own all intellectual property right to the modifications. TAMUCC shall not incorporate any modifications into its intellectual property for distribution to third parties unless it first obtains a license from the City or TCEQ. g.Compliance with Applicable Laws and Regulations, TAMUCC shall comply with all laws and regulations relating to intellectual property. h.Warranties relating to Intellectual Property Rights. TAMUCC represents and warrants to the City and TCEQ that TAMUCC will not infringe any intellectual DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 DocuSign Envelope ID: OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 property right of any third party. TAMUCC further represents and warrants to the City and TCEQ that in the course of performing the work it will not use or possess any intellectual property owned by a third party without paying any required royalty or patent fees. TAMUCC warrants that it has full title in and ownership of intellectual property and any enhancements, updates or other modifications, or that it has full power and authority to grant all licenses granted in this Agreement, and that the licensed used by the City and TCEQ will in no way constitute an infringement or other violation of any intellectual property right of any third party. The TAMUCC warrants th.at it shall have, throughout any applicable license term under this Agreement, free and clear title to, or the right to possess, use, sell, transfer, assign, license, or sublicense products that are licensed or provided to the City and TCEQ by TAMUCC. Ex cept as permitted in this Agreement and the Grant, T AMUCC shall not create or permit the creation of any lien, encumbrance, or security interest in the work or any part thereof, or any product licensed or provided to the City and TCEQ for which title has not yet passed to the City and TCEQ, without prior written consent of the City and TCEQ. TAMUCC represents and warrants to the City and TCEQ, that neither it nor any other company or individual performing work is under any obligation to assign or give to any third party any intellectual property rights granted or assigned to the City and TCEQ, or reserved by the City and TCEQ, under this Agreement and the Grant. 9_ RELEASE OF INFORMATION. TAMUCC shall acknowledge the City and TCEQ, the T AMUCC investigator, the nature of the program, and the dollar value of the Agreement in TAMUCC records and reports. Any reports and other documents completed as part of this Agreement, other than documents prepare d exclusively for internal organizational use by TAMUCC, shall carry the following notation on the front cover or title page. "PREPARED IN COOPER ATION WITH TEXAS COM MISSION IN ENVIRON MENTAL QUALITY AN D THE CITY OF CORPUS CHRISTI" 10.TITLE TO EQUIPMENT. Subject to the obligations and conditions set forth in this Agreement and the Grant, title to all equipment acquired under this Agreement shall vest, upon acquisition or construction, in TAMUCC. a.TAMUCC agrees to conduct physical property inventories, to maintain property records and necessary control procedures, and to provide adequate maintenance with respect to all equipment acquired under this Agreement. b.TAMUCC may develop and use its own property management system which must conform to all applicable State and Local laws, rules and regulations. If an adequate system for accounting for personal property owned by TAMUCC or its subcontractors is not in place or currently in use, T AMUCC shall contact the State of Texas Comptroller of Public Accounts and request the State Property Accounting User's Guide (#96-418) and the State Property Class Code List. DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 DocuSign Envelope ID: OB593989-BF6D-4C5D-9F40-482D5AE47E31 TAMUCC agrees to use these as guides for establishing a property management sys tem. c.Property records must be maintained that include a description of the property, a serial number or other identification number, the source of property, who hold title, the acquisition date, and the cost of the property, percentage of federal participation in the cost of 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. d.A physical inventory of all equipment acquired or replaced with funds provided under this Agreement having an initial purchase price of One Thousand Dollars ($1,000) or more, shall be conducted no less frequently than once every two years and the results of the inventories reconciles with the appropriate property records. Property control procedures utilized by TAMUCC shall include adequate safeguards to prevent loss, damage, or theft of acquired property. Any loss, damage or theft shall be investigated. T AMUCC agrees to develop and carry out a program of property maintenance as necessary to keep both originally acquired and any replaced property in good condition, and to utilize proper sales procedures to ensure the highest possible return, in the event the equipment is sold. e.Use of Equipment Acquired with Funds Provided Under this Agreement. 1)Equipment shall be used by TAMUCC or its subcontractors in the program or project for which it was acquired as long as needed, whether or not the project program continues to be supported by state funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a federal or state agency. 2)TAMUCC or its subcontractors shall also make equipment available for use on other projects or programs currently or previously supported by the federal or state government, providing the use will not interfere with the work on the projects or program for which it was originally acquired. First preferences for other use shall be given to other programs or projects supported by the awarding agency. 3)When acquiring replacement equipment, TAMUCC or its subcontractors may use the equipment to be replaced as a trade-in or sell the property and use the proceeds to offset the cost of the replacement property, subject to the approval of the awarding agency. f.Disposition of Equipment Acquired with Funds Provided Under this Agreement. When the original or replacement equipment is no longer needed for the original project or program or for other activities currently or previously supported by a federal or state agency, disposition of the equipment may be made as follows: DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 DocuSign Envelope ID: OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 1)Equipment with a current per-unit fair market value of less than $1000 maybe retained, sold or otherwise disposed of with no further obligation to the TCEQ.Methods used to determine per-unit fair market value must be documented, kepton the file and made available to the TCEQ upon request. 2)Equipment with a current per-unit fair market value of $1,000 or more mustbe disposed of as follows: a)Prior to the termination date of this Agreement, T AMUCC and itssubcontractors must notify the TCEQ. TCEQ may require TAMUCC orsubcontractors to transfer title and possession to the equipment to the TCEQ or athird party named by the TCEQ or may alternatively authorize disposition by sale,transfer or in another manner. b)If, within six years of the initiation date of the Agreement, equipment is soldor transferred, TAMUCC must remit to TCEQ a share of the proceeds from the sale,provided the fair market, per-unit value of the property at the time of the sale isin excess of one thousand dollars ($1,000). The TCEQ's share of the sale proceedsshall be the same percentage as was the funding provided under this Agreementthat enabled the original purchase in question. 11.NOTICES. All notices to the parties under this Agreement shall be in writingand sent to the names and address stated below. Either party to the Agreementmay change the name and address by notice to the other in accordanceherewith, and any change shall take effect immediately upon receipt of thenotice. TAMUCC Texas A&M University -Corpus Christi 6300 Ocean Drive, NRC #2200 Corpus Christi, TX 78412 Attn: J. David Felix Ph.D. Telephone: (361) 825-4180 City of Corpus Christi City of Corpus Christi Attn: Sharon Bailey Lewis P.O. Box 9277 Corpus Christi, TX 78469 Telephone: (361) 826-4066 Fax: (361) 826-3200 DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 DocuSign Envelope ID: OB5939B9-BF6D-4C5D-9F40-4 B205AE4 7E31 12.Export Administration. a.It is understood that TAMUCC is subject to United States laws and regulations controlling the export of technical data, computer software, laboratory prototypes and other commodities, and that its obligations under this Agreement are contingent upon compliance with applicable United States export laws and regulations. Furthermore, it is understood that the transfer of certain technical data and commodities may require a license from one or more agencies of the United States Government. b.Both T AMUCC and City hereby agree and warrant that the program and development contemplated under this Agreement, and any exchange of technical data, computer software or other commodities resulting from this Agreement, shall be conducted in full compliance with the export control laws of the United States. 13.LIABILITY. IT IS UNDERSTOOD THAT THE CITY SHALL NOT BE LIABLE FOR ANY CLAIMS AGAINST TAMUCC, ITS EMPLOYEES, OR THIRD PERSONS, OTHER THAN CITY'S EMPL OYEES, FOR DAMAGE RESULTING FROM OR ARISING OUT OF THE ACTIVITIES OF TAMUCC PERSONNEL UNDER THIS AGREEMENT, AND TAMUCC AGREES, TO THE EXTENT PERMITTED BY SECTION 49, ARTICLE Ill OF THE CONSTITUTION OF THE STATE OF TEXAS, TO HOLD CITY HARMLESS FROM ANY AND ALL CLAIMS. IT IS ALSO UNDERST OOD THAT TAMUCC SHALL NOT BE HELD LIABLE FOR ANY CLAIMS AGAINST CITY'S EMPLOYEES, OF DAMAGE RESULTING FROM OR ARISING OUT OF ACTIVITIES OF THE CITY OR ITS EMPLOYEES, AND CITY AGREES, TO THE EXTENT PERMITTED BY SECTION 49, ARTICLE Ill OF THE CONSTITUTION OF THE STATE OF TEXAS, TO HOLD TAMUCC HARMLESS FROM ANY AND ALL CLAIMS. 14.INDEPENDENT CONTRACTOR. For the purpose of the Agreement and all services to be provided under this Agreement, the parties shall be, and shall be deemed to be, independent contractors and not agents or employees of the other party. Neither party shall have authority to make any statements, representations or commitments of my kind, or to take any action which shall be binding on the other party, except as may be explicitly provided for in this Agreement or authorized in writing. 15.AMENDMENTS AUTHORIZED. a.The representatives who were authorized to sign this Agreement are authorized to execute minor amendments to this Agreement, such as changes in deadlines and minor changes in the scope of work. b.Any amendments to this Agreement resulting from amendments to the Grant that increases the scope of work under this Agreement due to TCEQ's award of additional funding to the City as a result of the work plan prepared by TAMUCC under this Agreement must be authorized by the City Council and the funds appropriated before an amendment to this Agreement is executed. DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 DocuSign Envelope ID: OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 c.Any amendments to this Agreement increasing or decreasing the amount the City is obligated to pay TAMUCC by more than $25,000 must be authorized by the City Council before an amendment to this Agreement is executed. 16.SEVERABILITY. If any of the provisions of the Agreement in the application thereof to any person or circumstance, is rendered or declared illegal for any reason, or shall be invalid or unenforceable, the remainder of the Agreement and the application of the provisions to other persons or circumstances shall not be affected thereby, but shall be enforced to the greatest extent allowed by applicable law. The City and TAMUCC agree that this Agreement shall be reformed to replace the stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 17.DISPUTE RESOLUTION PROCESS. a.To the extent applicable, the dispute resol ution procedures provided in Chapter 2260 of the Texas Government Code will be used to resolve contract claims under this contract. b.If the Chapter 2260 procedures are utilized both parties agree the TCEQ may intervene in the proceedings as an interested party. c.The Director of Procurement and Disbursements, TAMUCC, is designated as the officer designated under §2260.052, Texas Government Code, to examine claims and counterclaims, negotiate, and resolve any claims on behalf of TAMUCC. 18.VENUE. TAMUCC acknowledges and agrees that because this Agreement has been executed, and will be administered in Nueces County, Texas, the Agreement is to be performed in Nueces County. TAMUCC acknowledges an agrees that any permissible cause of action involving this Agreement will arise solely in Nueces County. If a legal action relating to this claim is permissible and there are two or more counties or proper venue under the rules of mandatory, general, or permissive venue and one of the counties is Nueces County, T AMUCC agrees to venue in Nueces County. This provision does not waive the City's sovereign immunity. 19.MISCELLANEOUS. This Agreement constitutes the entire agreement between the parties relative to the subject matter and may only be modified or amended by a written agreement signed by both parties. It shall be construed in accordance with the laws of the State of Texas. 20.AUTHORIZATION OF GOVERNING BODIES. The individuals executing this Agreement certify that this interlocal agreement has been authorized by the DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 DocuSign Envelope ID: OB5939B9-BF6D-4C5D-9F40-4B2D5AE47E31 Governing Body for their entity, as required by Section 791, Texas Government Code. 21.NO WAIVER OF IMMUNITY. No party hereto waives or relinquishes anyimmunity or defense on behalf of itself, its officer s, employees and agents as aresult of its execution of this Agreement and performance of the covenantscontained herein. DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their authorized representative. Texas A&M University – Corpus Christi Mayra Hough Director of Sponsored Research Date: __________________________________________ CITY OF CORPUS CHRISTI Kim Baker Director of Contracts and Procurement Date: ATTEST: _______________________________________________ Rebecca Huerta Date City Secretary APPROVED AS TO LEGAL FORM: _________________________________________________ Assistant City Attorney Date DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 9/8/2020 1 August 2020 Corpus Christi Air Monitoring and Ozone Status (2020-2021) Project Coordinator J. David Felix Assistant Professor of Environmental Chemistry Center for Water Supply Studies Department of Physical and Environmental Sciences Texas A&M University – Corpus Christi 6300 Ocean Drive, Corpus Christi, TX 78412 Project Overview: The Texas Commission on Environmental Quality (TCEQ) is supporting air quality monitoring by the Performing Party, the City of Corpus Christi, as part of Rider 7 State and Local Air Quality Planning Program. The project tasks include assessing the current condition of instrumentation at four air quality monitoring sites, monitoring air quality components and generating a conceptual ozone model. Dr. J. David Felix (TAMU-CC) and his research group will be collaborating with the City of Corpus Christi to accomplish these tasks and submit air monitoring data to TCEQ. The work plan is presented below as three primary tasks: Title Start Finish Task 1 Assess current condition of air monitoring instrumentation Sept 2020 Oct 2020 Task 2 Monitor ambient air quality Sept 2020 Dec 2021 Task 3 Create conceptual ozone model Dec 2020 Dec 2021 Task 1: Assess condition of current air monitoring instrumentation The four proposed air monitoring sites (Figure 1) are not currently operating and the status of the instrumentation (Table 1) is unknown. Dr. Felix has been in communication with sales representatives and technicians at the associated instrument companies and has discussed troubleshooting and restart procedures for idle instrumentation. Depending on the condition of the instrumentation, replacement parts and/or new instrumentation will be ordered. Dr. Felix has received quotes from respective companies (Table 2). Total Cost for Task 1: $85,037.58 (*This cost is based on all instrumentation being replaced so this cost is extremely variable depending on instrumentation condition.) Task 1 Deliverables DateQAPP preparation and submission Aug/Sept 2020Assessment of current condition of instrumentation sites Aug/Sept 2020Order replacement parts and/or replacement instrumentation Aug/Sept 2020Install new parts/instrumentation Sept/Oct 2020 DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 2 August 2020 Figure 1. Air monitoring sites to be maintained in the Corpus Christi urban airshed as part of this project (green circles), current operational ozone sites (yellow circles) and current operational VOC site (blue circle). Table 1. Air monitoring sites and equipment to be checked/operated. Location Instrumentation Instrumentation status Holly Road site (CAMS 660) Teledyne API 400E ozone analyzer, F460 wind sensors, Coastal environmental Atmospheric Temperature/Relative Humidity (AT/RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Unknown Aransas Pass site (CAMS 659) Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Temperature/Relative Humidity (AT/RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Unknown Violet site (CAMS 664) Teledyne API 400E ozone analyzer, RM young wind sensors, Coastal environmental Atmospheric Temperature/Relative Humidity (AT/RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Unknown Odem site (CAMS 686) Teledyne API 400E ozone analyzer, F460 wind sensors, Coastal environmental Atmospheric Temperature/Relative Humidity (AT/RH) sensor, Zeno 3200 datalogger, and Enfora wireless modem. Unknown Table 2. Costs for potential air monitoring instrumentation replacements. Quantity Company Instrument Measurement/Purpose Price 1 Teledyne Model N500 CAPS True NO2/NOX/NO Analyzer NOx measurements $15,506.20 1 Teledyne Model T400 UV Absorption O3 Analyzer Ozone measurements $9,206.20 1 Teledyne Model T701 Zero Air System Produces clean air for calibration $7,354.50 1 Teledyne Model T700U Dynamic Dilution Calibrator Calibrate all NOx and O3 monitors $20,764.00 1 Campbell Sci HygroVUE5-10-PT Relative Humidity and Temperature measurement $315.44 1 Campbell Sci RAD06 Shield for hygrovue5 sensor $120.00 DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 3 August 2020 1 Campbell Sci HYGROVUE10-10-PT Relative Humidity and Temperature measurement $402.40 1 Campbell Sci RAD10E Shield for hygrovue10 sensor $172.80 1 Campbell Sci HMP155A-L10-PT Relative Humidity and Temperature measurement $751.90 1 Campbell Sci RAD14 Shield for hmp155A sensor $206.40 1 Campbell Sci 03002-L10-PT Wind Sentry Set Wind speed and direction measurement $677.98 1 Campbell Sci CM220 Mounting kit for 03002 or 05108 $33.60 1 Campbell Sci 05108-L10-PT Wind Monitor-HD Relative Humidity and Temperature measurement $1,347.10 1 Campbell Sci WINDSONIC1-L10-PT 2-D Sonic Wind Sensor Relative Humidity and Temperature measurement $1,135.50 1 Campbell Sci 34244 MetSENS-Series or Windsonic-Series Mounting Mounting kit for WINDSONIC1-L10-PT $64.32 Task 2: Ambient Air Monitoring There are currently only two stations in the Corpus Christi airshed monitoring ozone levels (CAMS004, 0021). At these sites, recent daily data from June 2020 (Figure 2) indicates the airshed is in attainment according to the 8-hour ozone standard (70 ppb) set by the EPA but daily maximums did exceed this limit. While planned industrial and port growth in the region will be beneficial to the regional economy, it will inevitably increase ozone precursors. Therefore, it is vital to determine current ozone dynamics while Corpus Christi is within attainment to understand how increasing precursors may jeopardize this attainment status. This project will monitor ambient ozone concentrations at four additional air monitoring sites (CAMS659, 660, 664, 686). Relative humidity, temperature, and wind speed/direction will also be measured at each site and NOx concentrations will be measured at one site (CAMS660). NOx and VOCs are primary ozone precursors but the relationship between these precursors and ozone formation is not linear (Figure 3). Despite these direct impacts on ozone formation, the Corpus Christi airshed does not currently have a NOx monitoring station while it has five centrally located VOC monitoring stations (1 AutoGC, 1 TNMOC, 4 canister) (Figure 2). Depending on atmospheric conditions, ozone formation can be almost exclusively controlled by NOx and mostly independent of VOCs. However, there are also conditions where ozone formation can increase with VOC concentrations while not increasing or even decreasing with increasing NOx. Due to this nonlinear chemistry between precursors and product, determining whether ozone formation in an air shed is “NOx or VOC sensitive” has proven difficult. Preliminary passive ambient NO2 measurements conducted by the Dr. Felix’s group have suggested the Corpus Christi airshed is NOx sensitive but continuous NOx monitoring is necessary to determine if the airshed is in a “NOx or VOC sensitive” regime. The NOx data provided by this project along with currently available VOC data will help determine if stakeholders should focus resources on future NOx or VOC controls to mitigate ozone increases. Dr. Felix’s group in collaboration with the City of Corpus Christi will maintain the monitoring sites and compile ozone, ozone precursor, and atmospheric condition data sets which will support the conceptual ozone model produced in Task 3. Total Cost for Task 2: $15,000 (gas calibrants, maintenance, parts) DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 4 August 2020 Figure 2. Current daily average and maximum ozone levels at operational Corpus Christi monitoring sites. Note daily maximums exceed the 8-hour EPA standard. Task 2 Deliverables Date Instrument maintenance and calibration Sept 2020 to Dec 2021 Quarterly data reports Quarterly by the 30th ofDec, Mar, June, & Sept Final data report Dec 2021 Task 3: Create Conceptual Ozone Model Dr. Felix’s research group will report atmospheric conditions and chemical precursor concentrations associated with high or standard exceeding ozone measurements in the Corpus Christi airshed. Atmospheric conditions (i.e. wind direction, wind speed, relative humidity, temperature) will be obtained directly at each site while precursor data (i.e. NOx and VOC) will be obtained from the nearest monitoring site. The conceptual ozone model will be developed through the following investigations and analyses: •Evaluate wind speeds, wind directions, relative humidity and temperature associated with background and high ozone events to determine the local conditions and sources associated with high/low ozone levels •Determine diurnal and seasonal trends associated with background and high ozone levels •Develop 24-hour air mass back trajectories using NOAA HYSPLIT software to DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 5 August 2020 determine source regions likely to affect local area ozone. •Perform weekday vs. weekend analysis to evaluate the potential effectiveness of reduced levels of local industrial and mobile source activity •Address additional relevant questions listed in Section 11.1.1 of EPA’s ozone modeling guidance document, Guidance on the Use of Models and Other Analyses to Demonstrating Attainment of Air Quality goals for Ozone, PM2.5, and Regional Haze. •Investigate ozone and precursor trends and determine the annual frequency of high ozone days •Create ozone isopleth (Figure 3) by plotting ozone concentrations vs. available NOx(CAMS0660) and VOC (CAMS1024) concentration data in order to determine NOx vs. VOC limited scenarios in the Corpus Christi airshed Total Cost of Task 3: $50,462 (This is the Felix Group budget and is inherent in all tasks) Total Cost All Tasks: $150,499.58 Figure 3. General isopleth depicting the relationship between ozone concentrations and its precursors, VOC and NOx. Isopleths can be used to determine if an airshed is VOC or NOx limited in relation to potential for increased ozone levels (NRC 1991). Task 3 Deliverables Date Preliminary conceptual model updates with quarterly reports Quarterly by the 30th of December, March, June, & September Final conceptual model with final report December 2021 DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 6 August 2020 Preliminary Felix Group Budget Budget Category Cost Salary / Wages $22,198 Principal Investigator (176 hours @ $44.31) and Graduate Assistant (1068 hours @ $13.26) Fringe Benefits $7,146 Travel $6,000 Supplies $2,000 Equipment Contractual Construction Other (Tuition) $9,384 Indirect Costs (10%) $3,734 Total $50,462 Budget Justification 1. Salaries, Wages and Fringe Benefits for Personnel One month of salary based on 8.33% annual effort for Dr. Felix is requested ($7,798). Dr. Felix will provide logistical support for all instrumentation assessment and air monitoring. He will also train and supervise graduate students and prepare quarterly and final reports. Graduate Research Assistant (GRA) ($14,400) support is required to cover salary for one MS student during 12 months of the project. The student will be involved in collecting, processing, and analyzing the data under the supervision of the Dr. Felix. Fringe benefits are calculated at the TAMU-CC rates of 18.2% for faculty (the PIs) and 10.7% for students (GRA and USR). Insurance benefits are calculated at the Texas A&M System rate of $746 per month for faculty (PI) and $412 per month for students (GRA). Total Salaries and Wages: $22,198 Total Fringe Benefits: $7,146 2. Domestic Travel Monitoring site and training travel ($6000): Travel funds are requested for Dr. Felix and the GRA to visit the monitoring sites for regular calibration and maintenance needs. The instrument company Teledyne offers training courses on their NOx and ozone analyzers. Travel funds are requested for the GRA to attend these training sessions to become an expert in instrumentation troubleshooting. This would ultimately save money on in-field tech support or instrument refurbishment and supply valuable training for a graduate student who will be seeking future employment in the air quality field. 3.Supplies ($2,000): Data backup and IT support. 4.Other: Graduate Student Tuition ($9,384): Funds are requested to cover tuition and fees for the GRA for two of the three semesters covering the duration of the project. 5. Indirect Costs (10%) ($3,734) Total: $50,462 DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 7 August 2020 Reference: National Research Council. Rethinking the Ozone Problem in Urban and Regional Air Pollution. National Academy Press, Washington, D.C., 1991. DocuSign Envelope ID: FD94A2D9-DAE6-43F0-9745-72FB0820DD28 City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Air Quality Monitoring Item Description Qty Price Extended Price 1 Air Monitoring Instrumentation 1 $85,037.58 $85,037.58 2 Ambient Air Monitoring 1 $15,000.00 $15,000.00 3 Create Conceptual Ozone Model 1 $50,462.00 $50,462.00 $150,499.58 TAMUCC Corpus Christi, TX Total DATE: August 18, 2020 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond@cctexas.com (361) 826-3575 CAPTION: Resolution authorizing an amendment to the Participation Agreement with MPM Development, LP to construct two C-3 collector streets associated with a planned residential subdivision known as Kings Landing; and appropriating $30,788.37 to reimburse developer. (District 3) SUMMARY: MPM Development, LP entered into a developer participation agreement to construct two C-3 collector streets associated with the planned subdivision named Kings Landing. The developer has requested an amendment to the participation agreement to request reimbursement for additional costs associated with the project. BACKGROUND AND FINDINGS: The Developer, MPM Development, LP, was approved for a developer participation agreement for the oversizing construction of two new C-3 collector streets. The approved amount in the agreement is $1,539,418.28 under Resolution 032120 dated 5/19/20. The developer submitted an amendment request to the cost estimate associated with the participation agreement for the additional expense associated with obtaining a performance bond for the project. During the process of acquiring the performance bond for the project, the applicant became aware that there was not enough money authorized in the agreement to cover the cost of construction and the cost of the performance bond. As a result, the applicant has submitted a request for an additional $30,788.37 for this project. ALTERNATIVES: Amend Participation Agreement with MPM Development, LP to increase the total reimbursement amount in the agreement by $30,788.37 AGENDA MEMORANDUM Resolution for the City Council Meeting September 29, 2020 Deny the request and have the developer pay for the performance bond. The applicant submitted their estimated costs for the project and had an opportunity to review the agreement and reimbursement amount, prior to signature, to ensure the submitted costs and reimbursement amount was sufficient. However, this oversite was not realized until the City requested the developer to provide proof of bond per the terms of the agreement. FINANCIAL IMPACT: If approved, the additional funds requested would be added to the current purchase order (PO) associated with the agreement and would be a debt against the 2016 Developers Participation Bond. The encumbered funds for this project would increase by $30,788.37 and would raise the total reimbursement amount to $1,570,206.65. $1,539,418.28 is encumbered in the 3702 Developer Participation Bond 16 fund for this agreement. Currently there are enough funds in the Bond 16 to cover this additional funding request. Funding Detail: Fund: 3702 (Developer Participation Bond 2016) Organization/Activity: 20269-3702-EXP Mission Element: 052 Project # (CIP Only): 20269 (Iron Throne Drive & Drogon Street) Account: 550910 RECOMMENDATION: Staff Recommends approval of the amendment request for this participation agreement. The developer is seeking reimbursement for the additional expense associated with the performance bond requirement per the terms of the agreement. LIST OF SUPPORTING DOCUMENTS: Resolution (with agreement addendum) Presentation Certification of Funds Location Map Resolution authorizing an amendment to the Participation Agreement with MPM Development, LP to construct two C-3 collector streets associated with a planned residential subdivision known as Kings Landing; and appropriating $30,788.37 to reimburse developer. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute an amendment to the Participation Agreement (“Amendment”) attached hereto, with MPM Development, LP, to include the cost of performance bond insurance. 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 NIXON M. WELSH, P.E., R.P.L.S. Email: NixMW@aol.com BASS WELSH ENGINEERING TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi, TX 78466-6397 3054 S. Alameda St. 18068-PCE- OVERWIDTH 03/18/2020 COST OF 50'BB STREET NEGLECTING WALKS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 8" PCCP 28345 SY 69.00 1,955,805.00 2 8" LIME STABILIZED SUBGRADE TO 2'BC 30612 SY 8.00 244,896.00 3 EXCAVATION TO 2' BC 30612 SY 2.50 76,530.00 SUBTOTAL $2,277,231.00 DEVELOPER PORTION OF COST OF 28'BB STREET NEGLECTING WALKS ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 2" HMAC 13605 SY 18.00 244,890.00 2 6" CRUSHED LIMESTONE BASE TO 2'BC 18140 SY 15.00 272,100.00 3 8" LIME STABILIZED SUBGRADE TO 2'BC 18140 SY 8.00 145,120.00 4 6" CURB & GUTTER 10204 LF 13.50 137,754.00 4 EXCAVATION TO 2' BC 18140 SY 2.50 45,350.00 SUBTOTAL $845,214.00 CITY PORTION EQUALS DIFFERENCE IN CONSTRUCTION COST 1,432,017.00 7.5% ENGINEERING, SURVEYING, & TESTING 107,401.28 TOTAL AMOUNT REIMBURSABLE $1,539,418.28 KING'S LANDING UNIT 1 PRELIMINARY COST ESTIMATE C-3 COLLECTOR STREETS IN LIEU OF 28' RESIDENTIAL STREETS Page 1 of 1 Exhibit 3 Participation Agreement City Council September 29, 2020 Amendment to Participation Agreement with MPM Development LP. 2 Project Map 3 Approval The request submitted by the applicant is in accordance with UDC Section 8.4. Recommendation 4 Urban Transportation Plan Drogon Street Iron Throne Drive DATE: September 16, 2020 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director Intergovernmental Relations tammye@cctexas.com 361-826-3622 CAPTION: Resolution opposing Texas Windstorm Insurance Association rate increase. SUMMARY: The Texas Windstorm Insurance Association (TWIA) is holding a meeting of the actuarial committee on Tuesday, September 22, to consider recommending a rate increase to the full TWIA Board. A special board meeting to consider a rate increase will likely occur in October to consider the recommendations of the Actuarial committee. This resolution will allow the City of Corpus to be prepared for that meeting with a formal resolution from Council opposing a rate increase. BACKGROUND AND FINDINGS: The 86th Texas Legislature passed HB 1900 which created a Legislative Funding Oversight Committee to study TWIA's rate adequacy. It is premature for TWIA to be proposing rate increases for residential and commercial policies before T exas Department of Insurance implements these important statutory changes. As TWIA began to set rates for 2021, they convened the actuarial committee to review the rate adequacy study before the study was complete. At the August board meeting, TWIA voted not to raise rates until the full rate adequacy study could be completed with a direction to revisit rates at that time. Rate uncertainty is unsettling at best for TWIA policy holders during this unprecedented COVID-19 pandemic. Now that the rate adequacy study has been completed, TWIA is now conside ring a rate increase for 2021 based on that study. Resolution to oppose a Texas Windstorm Insurance Association increase AGENDA MEMORANDUM Action Item for the City Council Meeting September 29, 2020 ALTERNATIVES: The council can pass the resolution, or the Council can choose to take no action at this time. FISCAL IMPACT: No financial impact to the city. RECOMMENDATION: Staff recommends adoption of this resolution which will send an official message from the City of Corpus Christi to TWIA to refrain from raising rates at this time. LIST OF SUPPORTING DOCUMENTS: Council Resolution opposing TWIA rate increase 09162020 Resolution Opposing Texas Windstorm Insurance Association Rate Increase WHEREAS, the City of Corpus Christi strives to encourage economic development and improve the quality of life for residents and businesses in the City; WHEREAS, Hurricane Harvey made landfall as a Category 4 hurricane on the Texas coast on Friday, August 25, 2017, and battered and drenched Texas for days before finally moving out of the state. Hurricane Harvey was the first major hurricane to make landfall along the Middle Texas Coast since Hurricane Celia in 1970; WHEREAS, Governor Greg Abbott first issued a disaster declaration on Aug. 23, 2017, for Aransas, Austin, Bee, Brazoria, Calhoun, Chambers, Colorado, DeWitt, Fayette, Fort Bend, Galveston, Goliad, Gonzales, Harris, Jackson, Jefferson, Jim Wells, Karnes, Kleberg, Lavaca, Liberty, Live Oak, Matagorda, Nueces, Refugio, San Patricio, Victoria, Waller, Wharton, and Wilson counties; WHEREAS, more than three years after the storm, many of the Hurricane Harvey disaster declared communities are struggling to rebuild; WHEREAS, Hurricane Hanna made landfall on the south Texas Coast on Saturday July 25, 2020; WHEREAS, the City of Corpus Christi faces an economic crisis driven by the COVID-19 pandemic along with the downturn of the oil and gas industry. Our small businesses have been greatly impacted by the recession and we have seen a loss of jobs in our communities; WHEREAS, the 86th Texas Legislature did act by passing HB1900, which creates a Legislative Funding Oversight Committee to study TWIA's rate adequacy; WHEREAS, the Legislative Oversight Committee must be appointed and given time to act before TWIA activates a new rate increase; WHEREAS, the TWIA Board of Directors voted for no rate increase at its August 2020 meeting; and WHEREAS, there are sufficient premiums, assessments, and reinsurance to cover potential TWIA liabilities for 2021; NOW THEREFORE BE IT RESOLVED, THAT THE CITY OF CORPUS CHRISTI continues its opposition to proposed increases in windstorm insurance rates and encourages the TWIA Board of Directors to recognize that a TWIA rate increase on top of the economic recession caused by the COVID-19 pandemic would be devastating to our regional economy and the entire Texas Coast. Vote NO RATE HIKE for 2021. 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 DATE: September 25, 2020 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Business Analysis Heatherh3@cctexas.com 361-826-3227 CAPTION: Resolution approving a transfer of allocation of $200,000 from the City of Corpus Christi’s $17,960,470 Coronavirus Relief Fund, established by the CARES Act, to Nueces County for expenses specifically for public messaging related to the prevention, preparation for, and response to the COVID-19 public health emergency. SUMMARY: The City of Corpus Christi received an allocation of up to $17,960,470 from the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) for Coronavirus Relief Funds (CRF) through the State of Texas. Per Section 1.7 of the CARES Act, Jurisdictional Cooperation of the Coronavirus Relief Fund Terms and Conditions, a city can yield any portion of its allocated funds to the county within which it exists. This agenda item will yield a portion of the City of Corpus Christi’s allocated funds to Nueces County. By doing so, the funds will be deobligated from the City in the eyes of Texas Department of Emergency Management (TDEM), and Nueces County will then be responsible for the proper use and compliance of the funds. BACKGROUND AND FINDINGS: The CARES Act established the Coronavirus Relief Fund (CRF) and appropria ted $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 CRF may only be used to cover costs that: 1. Are necessary expenditures incurred due to the public health emergency with Approving a transfer of allocation of $200,000 from the City’s Coronavirus Relief Fund to Nueces County for expenses in support of public messaging related to the COVID-19 public health emergency AGENDA MEMORANDUM Action Item for the City Council Meeting September 29, 2020 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 one of 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, and 6. Any other COVID-19 related expenses reasonably necessary to the function of the government that satisfy the CRF’s eligibility criteria The State of Texas included additional regulations to the counties and municipalities that received the allocation through the State, 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 guidance encourages cities and counties to work together to address expenses that cross jurisdictional lines. Nueces County has identified existing and potential allowable COVID-19 related costs in excess of their $830,665 CRF allocation from the State of Texas and has requested for the City of Corpus Christi to transfer a portion of the City’s allocation to Nueces County. An allocation amount of $3.2 million was calculated by taking Nueces County’s expenses in support of the public health emergency for the five month period from March through July 2020 of $2,013,082 and doubling it in anticipation of expenses for the remaining five months of the year. Nueces County’s total estimated expenses of $4,026,164 reduced by the $830,665 that the County was originally allocated by the State of Texas for a total request of $3,195,499 – rounded to $3,200,000. The City Council approved this allocation to the County in August. With the $3.2 million allocation to the County and the City’s expected costs totaling $10.8 million by December 30, 2020, there is an amount of $3.9 million remaining from the City’s $17.9 million allocation for additional assistance and future costs. The City and County will continue to discuss opportunities for assistance and future costs and then decide on a spending plan which may required future Council action. Nueces County has requested an additional $200,000 in support of public messaging for the public health emergency. The City will have input on and approval of the final messaging, and the $200,000 will come from the $3.9 million that remain in the City’s allocation. The allocation of funds from the City to the County is allowable under Section 1.7 of the CARES Act, Jurisdictional Cooperation of the Coronavirus Relief Fund Terms and Conditions, which states that a city can yield any portion of its allocated funds to the county within which it exists. If the City yields any portion of the funds to the Nueces County, the funds will be deobligated from the City and then allocated to the County. The County must spend the funds according to the regulations specified in the CARES Act. ALTERNATIVES: The City could choose not to allocate the requested amount or allocate a lesser amount to the County. FISCAL IMPACT: If the allocation for a portion of the CRF funds is transferred to Nueces County, then the City’s allocation of up to $17,960,470 will be reduced to $14,560,470. This also reduces the amount for the 75% and 25% split for reimbursement. Based on the new total of $14,560,470 up to 100% of the amount can be used for expense categories one, two, and three above, and up to 25%, or $3,640,118 can be used for categories four, five, and six. Funding Detail: Fund: 1063 Emergency Management Grant Fund Organization/Activity: 690001F CARES Act CRF Grant Mission Element: N/A Project # (CIP Only): N/A RECOMMENDATION: City staff recommends approving the transfer of allocation in the amount of $200,000 from the City’s allocation from the State of Texas of Coronavirus Relief Funds established by the CARES Act to Nueces County for expenses in support of public messaging related to the prevention, preparation for, and response to the COVID-19 public health emergency. LIST OF SUPPORTING DOCUMENTS: Resolution Page 1 of 2 Resolution approving a transfer of allocation of $200,000 from the City of Corpus Christi’s $17,960,470 Coronavirus Relief Fund, established by the CARES Act, to Nueces County for expenses specifically for public messaging related to the prevention, preparation for, and response to the COVID-19 public health emergency. WHEREAS, the federal Coronavirus Aid, Relief, and Economic Security (CARES) Act established the Coronavirus Relief Fund (CRF), which fund is administered by the Texas Department of Emergency Management; WHEREAS, the City of Corpus Christi’s CRF allocation is up to $17,960,470 for expenses related to the prevention, preparation for, and response to the COVID -19 public health emergency; WHEREAS, the City may yield any portion of its CRF allocation and previously allocated $3,200,000 in CRF funding; WHEREAS, the City desires to approve a second transfer of a portion of the City’s CRF allocation to Nueces County for qualified county-incurred expenses specifically for public messaging related to the COVID-19 public health emergency based on a shared understanding and agreement that the City will have input on and final approval of the final public message(s). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: The City Council approves a transfer allocation of $200,000 from the City of Corpus Christi’s $17,960,470 Coronavirus Relief Fund, established by the CARES Act, to Nueces County for qualified county-incurred expenses specifically for public messaging related to the prevention, preparation for, and response to the COVID-19 public health emergency, with Nueces County agreeing to allow the City of Corpus Christi to have input on and approval of the final public message(s); and further authorizes the City Manager, or his designee, to execute all documents necessary to complete the allocation. PASSED AND APPROVED on the ______ day of _________________, 2020: Joe McComb Roland Barrera Rudy Garza Paulette M. Guajardo Gil Hernandez Page 2 of 2 Michael Hunter Ben Molina Everett Roy Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Joe McComb City Secretary Mayor Copyright © 2020 Accenture All rights reserved. | 1 NUECES HEALTH REGION COVID-19 PUBLIC HEALTH MESSAGING September 25, 2020 NUECES HEALTH REGION PUBLIC HEALTH MESSAGING REQUIREMENTS OPTION 1: ESTIMATED DURATION 8 WEEKS •Deliver an effective communications & media strategy to include: •Messaging prioritization workshop •Audience prioritization (up to 3 priority segments), and key messaging development mapped to audiences •Digital Media strategy (channel, audience targeting, and media plan) •Development of creative briefs •Management of in-market calendar and reporting •Week 10 wrap and reporting on analytics, insights, and handoff •Creative development of up to 40 pieces of content total, including up to 15 translated to Spanish •Up to 25 pieces of social content (paid or owned) •2-4 flyers •Website copy for 1 page •Up to 5 search copy •Digital media execution to manage media plan, includes setting up campaigns, monitoring performance for real-time optimization, and analytics. Includes pass-thru expense for advertising buy 8-Week Estimates Include: •Translation fees if any •Imagery for creative content (stock, created, custom) •Include pass-through advertising budget for digital channels only such as Facebook, Instagram, and Twitter. •Media in market week 3 and wrap up in week 7 for wrap up reporting and insights •Creative does not include animation or video production Option 2: Full Strategy & Creative Quick Start Option Estimated duration 4 weeks Includes communications & media strategy with creative development of up to 15 pieces (i.e. social, flyers, web copy, influencer scripts, and translation to Spanish) Copyright © 2020 Accenture All rights reserved. | 3 PUBLIC HEALTH MESSAGING OPTIONAL ADD-ONS Additional Optional Add-Ons Local Media Support •Create messages and support media relations for Annette Rodriguez, Nueces County Public Health Director •Local news briefings for Annette Rodriguez with content strategy •Assistance with Public Health Department Coronavirus Press Conference content Sentiment Analysis Platform Monthly fee for use of a Sentiment Analysis tool Sentiment Analysis Mgt & Insights •Configuration, Management & Insights for localized COVID-19 tracking •Identify expertise on COVID Sentiment Analysis Video Production Up to 5 short form animated videos DATE: September 16, 2020 TO: Pater Zanoni, City Manager FROM: Kevin Norton, Director of Water Utilities KevinN@cctexas.com (361) 826-1874 CAPTION: Ordinance to adopt the City of Corpus Christi Water Conservation Plan revised 2020 edition and revising City Code of Ordinances Section 55-150 (a) regarding adoption of revised plan with the addition of an explanation of the Model Industrial Water Conservation Plan and other adjustments updating information. SUMMARY: The purpose of this item is to adopt the City of Corpus Christi Water Conservation Plan revised 2020 edition and to provide public comment. The revised 2020 edition includes editorial changes, 2019 data updates, and a model industrial water conservation plan that can be used as a guideline tool by any industry that is required to submit a water conservation plan to the Texas Commission on Environmental Quality. BACKGROUND AND FINDINGS: The Water Conservation Plan (WCP) is a guidebook and reference manual for the City of Corpus Christi Water Utilities Department and its partners and customers. The City of Corpus Christi Water Utilities has been in operations for over 100 years and serves approximately 500,000 residents and customers in the Coastal Bend Region. The City’s mission is to effectively manage the City’s water supply, production, and distribution system through the operation and maintenance of the water supply system to meet water supply needs, to provide safe drinking water, to review design and construction of water facilities that will ensure water system quantity and reliability to meet projected growth, and to identify and meet consumer needs and expectations. Water Utilities has a well-established conservation program. The City was the first in Texas to develop a Drought Contingency Plan in 1986, which served as a guide for state officials. Since 1988 there has been a conservation team of professionals developing and implementing outreach programs to help reduce water waste and improve efficiency. Conservation outreach includes Amendment to Chapter 55 Code of Ordinances, Article XII, Water Conservation Plan AGENDA MEMORANDUM First Reading Ordinance for City Council Meeting of September 29, 2020 Second Reading Ordinance for City Council Meeting of October 13, 2020 everything from school education to the Xeriscape Garden. The purpose of the WCP is to ensure long-term water security and efficiency for the residents and businesses served by the City of Corpus Christi. Long term planning and management is critical so that supplies of water will always meet or exceed the demands of the Coastal Bend customers. With the addition of the model industrial water conservation plan, the WCP can be used by industries who are required to submit individual water conservation plans to the Texas Commission on Environmental Quality to document and highlight best management practices that could be implemented in their organizations. As a water supplier, the City of Corpus Christi is required to have a plan that adheres to Title 30, of the Texas Administrative Code (TAC) Chapter 288 (30 TAC § 288) and updated every five years or if needed. This WCP contains all of the provisions required in 30 TAC § 288, including conservation plans for municipal users, wholesale providers, and a model Industrial water conservation plan. The WCP revised 2020 edition include the following changes and other editorial changes: o Chapter 1 o Section 1.4- Added an explanation of the Model Industrial Water Conservation Plan. o Chapter 2 o Section 2.2 – Modified explanation to most up to date information on Aquifer Storage and Recovery (ASR) and desalination projects and corrected the link to Region N webpage o Section 2.4 – Updated with 2019 treated water information o Section 2.5 – Updated the miles of pipe to most current information o Chapter 3 o Section 3.1 – Updated all populations to most current 2020 population o Section 3.2 – Updated water diversion amounts with 2019 amounts o Section 3.4 – Updated treated water demands with 2019 demands o Section 3.5 – Updated Finished Water Production graph with 2019 information o Section 3.6 - Updated percentage for industrial city water use o Chapter 4 o Section 4.2 – updated all tables to most current 2019 information (i.e. gallons per capita day, water loss, targets and goals) o Chapter 5 o Section 5.6.1 - Changed to most current 2019 information o Section 5.6.8 - Changed titles of water conservation staff members o Section 5.7.1 - Removed Major Rivers program from the list o Section 5.11-Added date and information on Water Conservation Plan implementation o Chapter 6 o Section 6.1 – Changes to wording o Section 6.2 – Changed goals of wholesale costumer consumptions to most current 2019 information o Section 6.5 – Changed contractual requirements to most current 2020 information o Appendix A o Changed all tables and information to most current 2019 information o Appendix F o Added Appendix F In addition the following sections of the City Code of Ordinance, Chapter 55, Article XII Water Resource Management, Section 55-150 (a) will be revised to replace the Water Conservation Plan approved on May 28, 2013 with the Water Conservation Plan Revised 2020 edition as follows: Sec. 55-150. - Scope, purpose, authorization, and definitions. (a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan approved on May 28, 2013 Revised 2020 edition, and the Drought Contingency Plan Revised 2018 edition, approved January 30, 2018, as amended by ordinance, a true copy of each which is on file in the office of the city secretary, is have been adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. ALTERNATIVES: NA FINANCIAL IMPACT: NA RECOMMENDATION: Staff recommends approval of the City of Corpus Christi Water Conservation Plan revised 2020 edition and Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Revised City Code of Ordinance, Chapter 55, Article XII Water Resource Management Corpus Christi Water Conservation Plan 2020 Edition Ordinance to adopt the City Of Corpus Christi Water Conservation Plan Revised 2020 Edition and revising the City Code of Ordinances Section 55-150 (a) regarding Adoption of Revised Plan with the addition of an explanation of the Model Industrial Water Conservation Plan and other adjustments updating information. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi hereby adopts the City of Corpus Christi Water Conservation Plan Revised 2020 edition, which is attached and incorporated as Exhibit A. The 2020 edition replaces the prior edition of the Water Conservation Plan. SECTION 2. That City Code of Ordinances, Chapter 55, Article XII Water Resource Management, Section 55-150 (a) is revised to replace the Water Conservation Plan approved on May 28, 2013 with the Water Conservation Plan Revised 2020 edition as follows: Sec. 55-150. - Scope, purpose, authorization, and definitions. (a)Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan approved on May 28, 2013 Revised 2020 edition, and the Drought Contingency Plan Revised 2018 edition, approved January 30, 2018, as amended by ordinance, a true copy of each which is on file in the office of the city secretary, is have been adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. SECTION 3. This Ordinance takes effect upon publication. 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 ____________ day of ________________, 2020. ATTEST: _______________________ ______________________________ Rebecca Huerta Joe McComb City Secretary Mayor This page was intentionally left blank Water Conservation Plan 2020 City of Corpus Christi, Texas This page was intentionally left blank Water Conservation Plan 2020 City of Corpus Christi, Texas Table of Contents i Table of Contents 1.Introduction ........................................................................................................................................... 1 1.1 Background of the Water Utilities Department ................................................................ 1 1.2 Purpose of the Plan .......................................................................................................... 1 1.3 P ublic Involvement ...................................................................................................... 2 1.4 Organization of the Water Conservation Plan .................................................................. 2 2.Supply Profile ......................................................................................................................................... 3 2.1 Supply Sources ................................................................................................................. 3 2.2 Potential Future Sources (Undeveloped Sources) ............................................................ 5 2.3 Water Customers ............................................................................................................. 6 2.3.1 Wholesale Customers................................................................................................... 6 2.3.2 Retail Customers ............................................................................................................ 6 2.4 Water Treatment Plant .................................................................................................... 6 2.5 Distribution ...................................................................................................................... 7 2.6 Master Meter ................................................................................................................... 7 2.7 Wastewater Utility Profile ................................................................................................ 7 3.Demand Profile ....................................................................................................................................... 7 3.1 Current Population ........................................................................................................... 8 3.2 Raw Water Diversions ...................................................................................................... 8 3.3 Other Raw Water Demands ............................................................................................. 9 3.4 Treated Water Demands ................................................................................................ 10 3.5 Seasonal Demands ......................................................................................................... 11 3.6 Projected Populations and Demands ............................................................................. 12 4.Goals .................................................................................................................................................... 12 4.1 Benefits of Conservation ................................................................................................ 12 4.2 Water Planning/Conservation Goals and Objectives ...................................................... 13 4.3 Five and Ten-Year Quantifiable Conservation Goals ....................................................... 13 4.4 Schedule for Implementing Plan .................................................................................... 15 5.Water Conservation Practices ............................................................................................................... 16 5.1 Water Conservation Measures ....................................................................................... 16 5.2.1 Prohibition on Wasting Water ................................................................................. 17 5.2.2 Irrigation Timing ......................................................................................................... 17 5.2.3 Restaurant Water Saving .......................................................................................... 17 5.3 Future Updates to Codes................................................................................................ 17 5.4 La ndscaping Sta ndard................................................................................................ 19 Table of Contents ii 5.5 Rebates and Incentive Programs .................................................................................... 19 5.5.1 Plum bers to Peo ple .................................................................................................... 19 5.5.2 Rainwater Harvesting ................................................................................................ 19 5.5.3 Irrigation Con sultation Program ............................................................................. 19 5.6 City-led Water Conservation Programs .......................................................................... 20 5.6.1 Use of Reclaimed Water ........................................................................................... 20 5.6.2 I mproveme nts in City-owned Pr operties ............................................................... 20 5.6.3 Ide nti fying and Repa iring Leaks .............................................................................. 21 5.6.4 Park Water Cons ervation .......................................................................................... 21 5.6.5 Metering All Connections .............................................................................................. 22 5.6.6 Record Management ..................................................................................................... 23 5.6.7 System Water Audit and Water Loss ........................................................................... 23 5.6.8 Water Conservation Staff .............................................................................................. 23 5.7 Education ....................................................................................................................... 24 5.7.1 Sch ool E ducation ........................................................................................................ 24 5.7.2 Public I nfor mation ..................................................................................................... 25 5.7.3 Water-Wise Land scape Design and Cons ervation Program ............................... 27 5.8 Water Conservation Pricing ........................................................................................... 28 5.9 Coordination with Region N (Coastal Bend) Regional Water Planning Group ................ 28 5.10 Method to Monitor the Effectiveness of Conservation Measures .................................. 29 5.11 Means of Implementation and Enforcement ................................................................. 29 5.12 Reservoir System Operating Plan ................................................................................... 29 6.Wholesale Customer Conservation ....................................................................................................... 29 6.1 Introduction ................................................................................................................... 29 6.2 Wholesale Customer Targets and Goals ......................................................................... 29 6.3 Metering, Monitoring, and Records Management ......................................................... 30 6.4 Leak Detection and Repair ............................................................................................. 30 6.5 Contractual Requirements ............................................................................................. 31 Appendices A.Water and Wastewater Utility Profile B.TCEQ 2001 Agreed Order C.Corpus Christi Water Rates D.Reservoir Operating Plan E. ARTICLE_XII._Water_Resource_Management F.Model Industrial Water Conservation Plan 1 Water Conservation Plan 1.Introduction This Water Conservation Plan (WCP) is a guidebook and reference manual for the City of Corpus Christi Water Utilities, its partners and customers. This chapter outlines the background of the City of Corpus Christi’s Water Utilities, the purpose and reasoning of the WCP, expected results, and an overview of its layout and organization. 1.1 Background of the Water Utilities Department The City of Corpus Christi Water Utilities has been in operation for over 100 years. It serves nearly 500,000 residents in Corpus Christi and the Coastal Bend Region. Its mission is to effectively manage the City's water supply, production, and distribution system through the operation and maintenance of the water supply system in order to meet water supply needs; to provide safe drinking water; to review design and construction of water facilities that will ensure water system quantity and reliability to meet projected growth; and to identify and meet consumer needs and expectations. The Water Utilities supplies water for municipal and industrial use in a seven-county service area. Major raw (untreated) water customers include municipalities such as Alice Water Authority, Beeville W ater Supply District, City of Mathis, and San Patricio Municipal Water District and industries such as Celanese and Flint Hills Resources. Treated water customers include Nueces County Water Improvement District No. 4 (Port Aransas), San Patricio Municipal Water District, South Texas Water Authority, and the Violet Water Supply Corporation. The Water Utilities operates a water laboratory and water maintenance activity that oversees the repair and replacement of transmission and distribution water lines. The Water Utilities also has a well-established conservation program. The City was the first in Texas to develop a Drought Contingency Plan in 1986, which served as a guide for state officials. Since 1988 there has been a conservation coordinator and/or team of professionals developing and implementing outreach programs to help reduce water waste and improve efficiency. Conservation outreach includes everything from school education to the Xeriscape Garden and is explained in detail in Chapter 5. 1.2 Purpose of the Plan The purpose of this WCP is to ensure long-term water security and efficiency for the residents and businesses served by the City of Corpus Christi Water Utilities. This long-term planning and management is critical so that supplies of water will always meet and exceed the demands of Coastal Bend customers. It allows water supplies to be sustainable as the region grows. Short- term water security and planning during dry times is explained in a separate Drought Contingency Plan, which can be found in the City Water Utilities website . 2 As a water supplier, the City of Corpus Christi’s Plan must adhere to Title 30 of the Texas Administrative Code (TAC) Chapter 288 (30 TAC § 288). This Plan contains all the provisions required in 30 TAC § 288 including conservation plans for municipal users, wholesale providers, a model plan for industrial users, and a drought contingency plan. General and specific goals of the Plan are explained in Chapter 4. 1.3 P ublic Involvement The City provided citizens opportunity to learn about the plan during the Council meeting on September 29, 2020, citizens were also given an opportunity to become informed, ask questions, and provide feedback about the plan. The notice was posted on the official electronic bulletin board in the atrium of Corpus Christi City Hall. 1.4 Organization of the Water Conservation Plan This revised WCP is organized in a way to make information easy to find and understand. This Plan is a separate document from the Drought Contingency Plan (DCP). The chapters guide the reader through the most important issues and are shown below. Supporting documents are in the appendix section to assist the reader in understanding the plans contents. •Chapter 1: Introduction – the basics of the Water Utilities Department, purpose of the Plan, and organization of the Plan. •Chapter 2: Supply Profile – details of the supply of the Water U tilities Department including the water sources, distribution system, and water treatment plant. •Chapter 3: Demand Profile – details of the current customer population and demand, and estimated projections of future population and demands. Demands are provided in totals and divided into sectors. •Chapter 4: Goals – benefits of conservation; overall water planning and conservation goals; quantifiable five- and ten-year conservation goals and water loss goals based on per capita consumption. •Chapter 5: Water Conservation Practices – efforts that encourage and/or enforce the conservation of water, or that increase the efficiency of water use. •Chapter 6: Wholesale Costumer Conservation – goals that the City encourages its wholesale customers to adopt. •Appendices: include the Utility Profile, Summary of Texas Commission on Environmental Quality (TCEQ) 2001 Agreed Order, Water Rates, Reservoir Operating Plan, Water Resource Management Code of Ordinance, and Model Industrial Water Conservation Plan. •Note: Model Industrial Water Conservation Plan – This water conservation model highlights best management practices that could be implemented for industrial customers who are required to submit an individual water conservation plan to the TCEQ. 3 2.Supply Profile This Chapter explains the four sources from which the City gets water supply to its customers in the Coastal Bend region. In addition to the supply sources, the distribution system, water treatment plant, and the wastewater utility profile are briefly explained. 2.1 Supply Sources The City of Corpus Christi Water Utilities obtains its raw water solely from surface water sources. These surface water bodies are Lake Corpus Christi, Choke Canyon Reservoir, Lake Texana and the Colorado River of each of these water bodies are explained below. Lake Corpus Christi Lake Corpus Christi is a water storage reservoir located approximately 33 miles northwest of the City. It was completed on April 26, 1958 with the dedication of the Wesley Seale Dam. When full, the lake level is 94 feet above sea level and has a capacity of 256,339 acre-feet (83.5 billion gallons). The surface area of the reservoir is 19,748 acres (30.8 mi2). Lake Corpus Christi is part of the Nueces River Basin (or watershed). It receives inflow from the Nueces, Frio, and Atascosa Rivers. Inflow from the Frio River also goes through the Choke Canyon Reservoir. Supply in Lake Corpus Christi relies on rainfall in the Nueces/Frio River basins. These two watersheds covers a combined area of 16,764 square miles and reach as far north as Rocksprings in Edwards county, and west close to Eagle Pass in Maverick County. Choke Canyon Reservoir Choke Canyon Reservoir is located approximately 70 miles northwest of Corpus Christi. It has a capacity of 662,821 acre-feet (215 billion gallons). When it is full, the water level is 220.5 feet above sea level, and the surface area is 25,989 acres (39.7 mi2). The United States Bureau of Reclamation financed, designed, and built the reservoir, which was dedicated on June 8, 1982. The City operates and maintains the facility. Choke Canyon Reservoir receives inflow from the Frio River Watershed. This watershed covers an area of 5,529 square miles from Three Rivers in the south to Kerr County in the north. Water from the reservoir travels down into the Frio River, which flows into the Nueces River and then Lake Corpus Christi. 4 Lake Texana The third surface source of water for the City is Lake Texana in Jackson County, located approximately 90 miles northeast of Corpus Christi. When full, the lake has a capacity of 161,085 acre-feet (52.5 billion gallons) and the water level is 44 feet above sea level. Its surface area when full is 9,727 acres (15.2 mi2). Lake Texana was formed with the completion of the Palmetto Bend Dam in 1980 by the U.S. Bureau of Reclamation. It is on the Navidad River, which is part of the Lavaca River Basin and mainly flows through Lavaca and Jackson Counties. The Lake is currently owned and operated by the Lavaca-Navidad River Authority (LNRA). The City contracted 41,840 acre-feet from LNRA in the 1990s after a severe drought between 1993 and 1996. During that time, Nueces River Basin stream-flows were the lowest recorded, even lower than the much-remembered 1950s Drought. The City is currently contracted to divert 31,440 acre-feet after the LNRA recalled 10,400 acre-feet. The City of Corpus Christi, the City, the Nueces River Authority, the Port of Corpus Christi, and the Lavaca-Navidad River Authority worked together to deliver water via a new pipeline from Lake Texana to the City. The 101-mile-long pipeline was named for the late Mary Rhodes, mayor of Corpus Christi from 1991 to 1997, in recognition of her special contribution to the development of water resources for the residents and industries of the Coas tal Bend. The pipeline came online in September 1998. It pumps water through a 64- inch pipeline from Lake Texana directly to the O.N. Stevens Water Treatment Plant in Calallen. Approximately 40 to 70 percent of the water used by Corpus Christi comes from Lake Texana through the Mary Rhodes Pipeline. Colorado River On September 22nd, 1992 the City of Corpus Christi entered into a contract with the Garwood Irrigation Company to purchase a portion of the Garwood’s watertight. The City can purchase up to 35,000 acre-foot per year of the168,000 acre-foot per year. In 2010 the City of Corpus Christi began the initial steps of planning and designing Mary Rhodes Pipeline Phase II and construction of the 42-mile pipeline started in April 2014. The project consisted of a pipeline, a pump station, and a sedimentation basin that starts at the Colorado River near Bay City and connects to Phase I of the pipeline at Lake Texana. A map of the regional water supply system and watershed is shown in Figure 2.1. 5 Figure 2.1. Map of the Coastal Bend Regional Water Supply, including the three surface water supply reservoirs 2.2 Potential Future Sources (Undeveloped Sources) To meet the demands of a growing community, the City has been taking steps to ensure future water supplies. The City is involved with the Corpus Christi Aquifer Storage and Recovery Conservation District (CCASRCD). This groundwater conservation district was formed in 2005 by the 79th Texas Legislature and is: “…dedicated to protecting groundwater supplies within the District, developing and maintaining an aquifer storage and recovery program, providing the most efficient use of groundwater resources to supplement existing supplies, while controlling and preventing waste of groundwater.” The CCASRCD explored the possibility of using groundwater aquifers as storage for extra supply for the City. During wetter-than-normal years, the City would pump excess, partially- treated water into the aquifer storage area, which is not subject to water loss from evaporation. Water from the storage area could then be used during drought periods. A similar 6 project by the San Antonio Water System stores over 90,000 acre-feet of water as an emergency supply. The City of Corpus Christi is also working on activities for a procurement of a Seawater Desalination project with a base design output from 20 MGD (million gallons a day) expandable to 30 MGD located on the Corpus Christi Inner Harbor while simultaneously working on acquiring permits for a future plant in the La Quinta Channel area in the Coastal Bend. Other potential sources of water supply are still being researched and explored. A detailed list of water management solutions for the Coastal Bend Region can be found in the Region N Regional Water Plan, located at: https://www.twdb.texas.gov/waterplanning/rwp/regions/n/index.asp 2.3 Water Customers The City has both wholesale and retail customers who purchase water from the supply system. 2.3.1 Wholesale Customers The wholesale customers are water utilities or businesses who purchase the water in bulk, and then bill their own respective customers. The City provides both raw and treated water to wholesale customers. Those wholesale customers receiving raw water can pump it directly from the source or divert from the Mary Rhodes Pipeline. The following wholesale customers receive raw water: Alice, Beeville, Mathis, Robstown, and San Patricio Municipal Water District (MWD). In addition, Celanese, and Flint Hills Resources receive raw water, but are industrial, not wholesale customers. Those utilities/companies have their own water treatment facilities. Other wholesale customers purchase the water from the City after it has been treated at the O.N. Stevens Water Treatment Plant (explained in next section). These customers include: Port Aransas, San Patricio MWD, South Texas Water Authority, and Violet Water Supply. 2.3.2 Retail Customers The remaining customers receive their water directly from the City. These retail customers are billed individually. They receive their water after it has been treated at the the O.N. Stevens Water Treatment Plant. 2.4 Water Treatment Plant The O.N. Stevens Water Treatment Plant, located in Calallen, is the only water treatment facility for the City. All raw water is pumped directly to the Plant from either the Nueces River intake, or via the Mary Rhodes Pipeline. Once in the Plant, Nueces River water is blended with water from the pipeline and then treated to meet TCEQ drinking water standards. After being treated to potable standards, large master pumps help to distribute water into the City and to its wholesale water customers. 7 Approximately 23 billion gallons of water are treated each year. The O. N. Stevens Water Treatment Plant has a rated capacity of 167 MGD, well above the current peak summer demand of around 100 MGD. 2.5 Distribution The Water Utilities Department has an extensive distribution network that transports water from the O.N. Stevens Water Treatment Plant throughout the City to every customer, both individual and wholesale. The Water Utilities Department operates five pumping stations and four elevated storage tanks and maintains over 1,700 miles of potable water pipeline. 2.6 Master Meter In order to keep track of diverted water, the City uses a series of Master Meters from its points of diversion. The City itself uses meters to track water use from the Nueces River system and Mary Rhodes Pipeline. In addition, City staff keeps monthly records through meters of seven other wholesale and industrial customers who divert raw water from City’s water supply. 2.7 Wastewater Utility Profile The Utility Profile, a detailed summary of the City's water and wastewater systems is included in Appendix A. 3.Demand Profile This chapter explains demands placed on the City’s water supply system. Water demand is a measure of how much water is being used. Knowing current demand is critical for the City’s daily operations. Projecting future demands helps City workers plan for future growth. The region’s population provides the basis of its water demands. Therefore, this chapter will provide an overview of current population figures of Corpus Christi and the Coastal Bend Region. The water demands in the Coastal Bend area are complex because of the various customers that the City serves. Besides its own retail customers in and around Corpus Christi, the City provides wholesale water to utilities that serve 18 other cities and 2 businesses. These people and businesses have their own unique water demands. In addition, there are other demands on the supply system, including evaporation from the reservoirs and environmental inflows into the Nueces Bay and Delta. Because the demands on the supply system are so complex, the next sections are divided as follows: Section 3.2 will discuss demands based on raw water diversions, or water taken directly from the supply source. Section 3.3 will include evaporation and environmental inflows. Section 3.4 will discuss demand on treated water, or water that is consumed in the City. This section will also look at demand based on customer type. Section 3.5 will discuss seasonal demand, 8 including summertime peaks. In Section 3.6, projected demands and populations will be discussed. 3.1 Current Population According to the Texas demographic Information the population of the Water Utilities Department’s total customer area was close to a half a million people. The majority of this was in the City of Corpus Christi with a population of 325,406. The other 20 cities that depend on Corpus Christi for their water, and their estimated 2020 populations, are show in Table 3.1. Table 3.1 Estimated 2020 populations for the cities in the Coastal Bend serviced by the City of Corpus Christi Water Utilities Department. City Population (2020) City Population (2020) Alice 18,591 Kingsville 24,959 Aqua Dulce 889 Mathis 4,623 Aransas Pass 7,957 Odem 2,392 Banquete 389 Port Aransas 4,277 Beeville 12,489 Portland 18,418 Bishop 3,006 Riviera 648 Driscoll 745 Robstown 11,107 Fulton 1,601 Rockport 10,969 Gregory 1,998 Taft 2,798 Ingleside 9,990 Three Rivers 1,990 3.2 Raw Water Diversions The raw water demand is the amount of water taken directly (diverted) out of the water supply system. It provides the most basic view of demand on the system and gives an overview of where the water is going. As was explained in Chapter 2, the City has several raw water customers in addition to diverting its own water. After raw water has been diverted from either the Nueces River System or Mary Rhodes Pipeline, it is pumped to a water treatment plant. All of the raw water customers have their own water treatment facilities, which clean and disinfect the water before sending it to their customers. Each have their own demands, based on retail customer characteristics (Treated water demands are explained in Section 3.4). In 2019, the total amount of raw water diverted from the City’s water supplies for consumption was 103,984 acre-feet (approximately 33.9 billion gallons). This included water from the Nueces River System, Lake Texana and Colorado. The raw water demands of each customer from the Nueces River System are shown below in Table 3.2. 9 Table 3.2 Raw water demands (diversions) in 2019 from Nueces River System by customer (acre- feet and million gallons). Raw Water Customer Diversion Amount (ac-ft) Diversion Amount (MG) Alice 6,273 2,044 Beeville 4,212 1,373 Mathis 802 261 Celanese 1,486 484 Flint Hill Resources 3,658 1,192 San Patricio MWD 11,503 3,748 Corpus Christi 30,409 9,909 The raw water demands of the San Patricio MWD and Corpus Christi from Mary Rhodes Pipeline are shown below in Table 3.3. Table 3.3. Raw water demand (diversions) in 2019 from Mary Rhodes Pipeline by Customer (acre-ft and million gallons). Raw Water Customer Diversion Amount (ac-ft) Diversion Amount (MG) San Patricio MW D 10,794 3,517 Corpus Christi 34,767 11,329 In 2019, the City of Corpus Christi received 56% of its raw water from the Nueces River System and 44% from the Mary Rhodes Pipeline. 3.3 Other Raw Water Demands One uncontrolled demand of water placed on the supply system is evaporation. As mentioned in Chapter 2, the two reservoirs of the Nueces River supply system cover a large surface area of 45,186 acres when full. Because of this large area, combined with high evapotranspiration rates, water loss to evaporation is high, especially in recent hot, dry years. Another raw water demand is environmental flow. After the impoundment of Choke Canyon Reservoir in 1982, freshwater flowing in the Nueces River Delta decreased dramatically. In order to maintain an ecosystem balance in the Delta, the City worked with TCEQ, the Nueces River Authority, and the City of Three Rivers to develop an Agreed Order in 1995. This document, revised in 2001, outlines required monthly freshwater inflows by the City into the Delta (Table 3.4). The 2001 Agreed Ordered is included in Appendix B. 10 Table 3.4. Target Inflows to Nueces Bay from the 2001 Agreed Order (*When lake levels are above 70%) Month Target Inflows (ac-ft) Month Target Inflows (ac-ft) January 2,500 July 6,500 February 2,500 August 6,500 March 3,500 September 28,500 April 3,500 October 20,000 May 25,500 November 9,000 June 25,000 December 4,500 3.4 Treated Water Demands In 2019, the Corpus Christi Utility Business Office billed a total of 67,635 ac-ft (approximately 24 bil gal) of water, coming from the O.N. Stevens Water Treatment Plant in Calallen. Separating treated demand by customer class, industrial customers represent the highest demand. Of the 67,635 ac-ft billed usage in 2019, industrial customers used just over 33,000 ac-ft or 49 percent of the total. Residential customers consumed 21,610 ac-ft, representing 32 percent of the total. See Figure 3.4 below. Figure 3.4. Treated Water Use by Customer Class In 2019, there was approximately 110,217 treated water connections. These connections can be divided into the customer classes of residential, multi-family, commercial, industrial, wholesale, and institutional. Figure 3.4.1. shows a breakdown of connections by customer type. Both Institutional (1,307 connections) and industrial (31 connections) customers have so few connections that they constitute a small portion of the total connections. Residential Single-Family customers make up the largest percentage of connections with over 90 percent. 32% 4% 15% 49% Residential Institutional Commercial Industrial 11 Figure 3.4.1 Connections by Customer 3.5 Seasonal Demands Seasonal demands by customers lead to “peak demands.” These peak demands put the most amount of stress on operations, including distribution and treatment. It is extremely important that peak demand for the city remains under 167 million gallons per day, which is the maximum volume that the O.N. Stevens Water Treatment Plant can treat. Figure 3.5 below shows daily treatment plant production volumes for each month of 2019 as minimums, maximums, and averages. The maximum values of each month (in green) represent the peak demand volume for that month. 2019 was a dry year, maximum production never reached above 100 MGD. Figure 3.5. Daily production volumes of the O.N. Stevens Water Treatment Plant, showing seasonal demand as minimums, maximums, and averages for each month of 2019. 92% 1%7% Residential Institutional Commercial Industrial 0 10 20 30 40 50 60 70 80 90 100 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2019 Finished Water Min Daily Prod Max Daily Prod Average Daily Prod Daily Finished Water Production in Million Gallons Per Day 12 3.6 Projected Populations and Demands The Texas Water Development Board estimates population projections for regional water planning groups. For Corpus Christi, they estimate that the population could reach 403,638 by the year 2060. This increase in population will result in an increase in water demand. The TWDB estimates that municipal water demand (residential and commercial) for Corpus Christi will increase 40% by 2060, reaching 86,962 ac-ft per year. These projections are for the City of Corpus Christi only. Other cities that rely on Corpus Christi for water will also have increases in population and demand, resulting in an even higher demand on the supply system. However, these projections only factor in a minor decrease in per capita water use from conservation measures. A more aggressive conservation program could help municipal demand level off or decrease, even with an increase in population. A goal of 1% annual reduction in municipal consumption (greater than the 0.9% population growth) would defer the need for additional supplies. This goal, along with others, is explained next in Chapter 4. Projecting industrial consumption, which comprises over 40% of the City’s water use, is challenging considering the large volumes that one additional customer can demand. The Region N Water Planning Group projects treated industry water demand could increase by 5,422 acre-feet by 2060. Other industrial demands are expected to increase by 29,000 acre- feet by 2060. 4.Goals This Chapter explains the water conservation goals of the City. These goals are what the City aims to achieve by the implementation of this Plan. Included in these goals are both qualitative goals and measurable, quantifiable goals. Before these goals are discussed, the first section (4.1) explains the benefits of conservation. This will give reason and justification for the City’s conservation efforts and provide a driving factor for the goals. 4.1 Benefits of Conservation There are several benefits to having a strong conservation program for Corpus Christi. These benefits not only include maintaining the City’s water supply, but also include saving the City and residents money by deferring capital expenses. Other benefits may be more difficult to quantify or may take years to materialize, but that does not lessen their importance. Each benefit of conservation listed below will help the City of Corpus Christi grow and thrive at a sustainable rate. The benefits of conservation include: •Sustainable Water Supply – By reducing per capita water use, the City can grow without compromising supplies for future generations. •Reduces Peak Demand – Peak demand puts the most stress on the Water Utilities Department’s operations. Conservation measures would help to reduce this peak demand. 13 • Reduces Energy Costs – The City spends a significant portion of its electric bill on moving water through its distribution system. Conservation would reduce the amount of water pumped, thus reducing electric costs. • Reduces Wastewater Costs – Less water being used by customers equals less wastewater that needs to be treated. Having less wastewater will save the City in treatment costs. 4.2 Water Planning/Conservation Goals and Objectives The main, overall goal of this Plan is to reduce total per capita consumption by one percent annually over the next decade. This goal uses the 2019 figure of 201 gallons per capita per day (gpcd) as the benchmark for reduction. Another related goal is to reduce summertime peak demand. To achieve these goals, the City has several specific conservation objectives. Those objectives include: • Reduce water loss by one percent annually • Educate the public on water conservation practices • Educate the public on the City’s water resources • Implement incentive and/or rebate programs to encourage conservation • Convert some drought restrictions into regular conservation measures • Adopt new water conservation regulations • Enforce the conservation regulations • Implement conservation measures at City-owned facilities 4.3 Five and Ten-Year Quantifiable Conservation Goals As mentioned in the previous section, the goal of the Plan is to decrease total per capita water consumption by one percent each year. To track the progress of the goal, the City records the gpcd every year and sets five and ten year goals. The gpcd is measured by taking the volume of water produced by the O.N. Steven W ater Treatment Plant, excluding water sold to treated wholesale customers, and dividing it by the permanent population and then dividing it by 365 days. Because industry uses close to 50% of the treated water, Corpus Christi’s gpcd is greater than most Texas cities. In addition, there is high variability in annual consumption due to changes in weather. Residents tend to use much more water in dry years to keep landscape vegetation alive. The total gpcd, residential gpcd, and water loss are show in Tables 4.1-4.3 below. The five and ten year goals listed below in Table 4.4, and are based on a 1% annual reduction from the 2019 consumption of 201 gpcd. 14 Table 4.1. Total Gallons Per Capita Per Day (gpcd) in 2019 Total System Input in Gallons Water Produced + Wholesale Imported - Wholesale Exported Retail Population¹Total GPCD (System Input / Retail Population) / 365 23,980,034,792 326,554 201 ¹Retail Population is the total permanent population of the service area, including single family, multi-family, and group quarter populations Table 4.2. Residential Gallons Per Capita Per Day (gpcd) in 2019 Residential Use in Gallons (Single Family + Multi-family) Residential Population²Residential GPCD (Residential Use / Residential Population) / 365 7,041,510,000 326,554 59 ²Residential Population is the total residential population of the service area, including only single family and multi-family populations Table 4.3. Total Water Loss Per Capita Per Day (gpcd) in 2019 Total Water Loss in Gallons Apparent + Real = Total Water Loss Retail Population Water Loss GPCD³Water Loss Percent 1,770,594,834 326,554 15 7.38% ³(Total Water Loss / Residential Population) / 365 = Water Loss GPCD (Total Water Loss / Total System Input) *100 = Water Loss Percentage Table 4.4. Targets and Goals Achieve Date Target for Total GPCD Current Total GPCD Target for Residential GPCD Current Residential GPCD Target for Water Loss GPCD Current Water Loss GPCD Target for Water Loss Percentage Current Water Loss Percentage Five-year Target Date 2024 195 201 60 59 13 15 6.67 % 7.38 % Ten-year Target Date 2029 184 201 56 59 12 15 6.52 % 7.38 % 15 4.4 Schedule for Implementing Plan In order to achieve the targets and goals of the plan, the City will use the schedule below in Table 4.5 to gradually introduce new or strengthen existing conservation measures and programs. These programs will utilize all and possibly additional measures as detailed in Chapter 5. The measures aim to reduce per capita water use through changes in habit, improvements in efficient devices, decreases in water waste, and smart planning. This schedule is not all inclusive and is a living document and is therefore subject to change. Conservation Measures Purpose Target Date Plumbers to people Reduce leaks in homes of lower income residents Planning School education Educate youth about water resources and the importance of conservation Ongoing Public information Educate the public about water conservation through several media outlets Ongoing Xeriscape education Educate the public about Xeriscaping through the Xeriscape garden, fliers and the annual symposium Ongoing Use of Reclaimed Water Reduce potable demand by increasing the number of golf courses parks etc. that are using reclaimed water for irrigation Ongoing System Water Audit and Water Loss Identifying areas of water loss to target remediation efforts Annually Park Water Conservation Reduce consumption by the City by improving irrigation Ongoing Prohibition on wasting water Reduce consumption by prohibiting the wasting of water regardless of drought conditions Ongoing Irrigation Timing Reduce evaporative loss and waste by prohibiting sprinkler irrigation between 10am and 6pm regardless of drought conditions Ongoing Restaurant water saving Reduce water waste by requiring restaurants to only serve water upon request Ongoing Rainwater harvesting rebate Reduce potable demand by encouraging rainwater harvesting Ongoing Changes to Unified Development Code Make change in the UDC to include certain requirements in new construction for rainwater harvesting condensate collection car washes cooling towers, laundry facilities and site appropriate turf grass Ongoing 16 5.Water Conservation Practices Water conservation is any practice that reduces the use of water, whether through changes or improvements in the efficiencies of water devices. Reducing the use of water reduces the stress placed on water supplies and their ecosystems. It also frees up water supplies to allow for population and economic growth without having to search for “new” water. Conservation is a cost-effective and commonsense approach to ensuring a sustainable water supply for generations to come. The City has a long-standing commitment to promoting water conservation in the community. It has adopted several practices, ranging from public education to conservation pricing, that encourage a reduction in excessive water use. As was mentioned in Chapter 4 (Goals), the long term goal of the conservation program is to reduce per capita water use by one percent per year over the next decade. This Chapter highlights all of the ways that the City intends to reach that goal. Chapter 5 begins with conservation measures (5.2). These are regulated best-management practices that are in effect year-round, regardless of the drought condition or the levels of the City’s reservoirs. Section 5.3 explains planned changes to development and building codes that would make buildings and landscapes more water efficient, while Section 5.4 explains the current code related to landscaping. Section 5.5 explains Rebates and Incentives, which include Plumbers to People, Rainwater Harvesting Rebate, and an Irrigation Consultation Program. Section 5.6 discusses City-led Programs, including reclaimed water use, improvements to City-Owned properties, park water conservation, metering, system audits, and a water conservation staff. This is followed by Section 5.7 which highlights the educational efforts by the City, including both schools and public programs, and Section 5.8 on water conservation pricing. The last two parts of Section 5 explain coordination with the Region N Water Planning Group, methods to monitor the effectiveness of the various conservation practices, and means of implementation and enforcement. 5.1 Water Conservation Measures As water demands increase and water supplies become less available, it is critical that water conservation measures become regular, year-round best management practices. They are common sense approaches that reduce water waste and improve efficiency. This section lists those water conservation measures that are regulated and enforceable. They are the only measures in the WCP that are enforceable. The Water Resource Management Ordinance (Section 55) gives the City the authority to enforce these measures and is included in Appendix A. Explanations of each of these conservation measures are shown in the next page. 17 5.2.1 Prohibition on Wasting Water Under the Prohibition on Wasting Water Conservation Measure, it is unlawful to wastewater. Actions leading to the wasting of water are prohibited and will be enforced. No person shall: 1.Allow water to run off property into gutters or streets. 2.Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out- of-repair water closets, underground leaks, defective or leaking faucets and taps. 3.Allow water to flow constantly through a tap, hydrant, valve, or otherwise by any use of water connected to the City water system. 4.Use any non-recycling decorative water fountain. 5.Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public right-of-ways; 6.Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. 5.2.2 Irrigation Timing Landscape irrigation is most efficient during early-morning or nighttime hours, when there is less potential for evaporation from the sun. This conservation measure prohibits irrigation by spray or sprinklers between the hours of 10 am and 6 pm. It is still permissible to water by hand or by drip irrigation at any time of the day. 5.2.3 Restaurant Water Saving Under this conservation measure, commercial dining facilities must only serve water upon request. In addition, any hand-held dish-rinsing wand must have an automatic shut-off. 5.2.4 Conservation Measures When the combined storage in the Choke Canyon/Lake Corpus Christi reservoir system falls below 40% of the total system storage capacity, the City of Corpus Christi shall issue public notice advising and informing the water users of the region of voluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40% and/or 30% of the total system storage capacity. 5.3 Future Updates to Codes Additional water conservation practice that will help to conserve water in the long term is updates and improvements to codes. The City has adopted several codes for development and construction, which are updated on a regular basis. There are several codes which could be 18 updated or amended to include requirements for water conservation. A list of potential updates to codes is included below. The process of updating these codes is ongoing and will be included in the WCP as an amendment when complete. These bulleted items are proposed updates only and are listed here as a placeholder. • Car Wash Water Conservation – Many commercial car washes in the region do not recycle water in their operations. Under this proposed measure, new car washes using an automatic system would need to reuse a minimum of fifty (50) percent of water from vehicle rinses in subsequent washes. All car washes that are self-service would be required to have spray wands that do not emit more than three (3) gallons of water per minute. • Water Saving Plumbing Fixtures – This proposed conservation measure would require plumbing fixtures to meet or exceed the standards set by the WaterSense label of the Environmental Protection Agency (EPA). The fixtures would include gravity flush toilets, bathroom aerators, showerheads, and urinals. This measure would apply to new plumbing installations • Laundry Facility Conservation – Under this proposed measure, any new installation of a coin-operated washing machine would have to meet or exceed the standards for the most current Energy Star label of the EPA and Department of Energy. This measure applies to any location that may have a coin operated facility, such as laundromats, apartment communities, or university residential buildings. • Cooling Tower Recycling –This proposed conservation measure would require newly constructed cooling towers to utilize recycled water for a minimum of four (4) cycles. • Rainwater Harvesting –This proposed conservation measure would require any new building construction with a minimum roof surface area of ten-thousand (10,000) square feet to install a rainwater collection system. The stored water could be used for non-potable indoor use and/or outdoor irrigation. • Condensate Collection –Under this proposed measure, any new commercial building with an air conditioning system would be required to divert and collect the condensate water. This water could be used in cooling tower operation or landscape irrigation. • Xeriscape Landscaping –This proposed measure would allow xeriscaping as an option for landscaping in any residential neighborhood or subdivision, regardless of deed restrictions. It also would require homebuilders and/or developers who are constructing new, single-family residential homes to offer a xeriscaping option. • Turfgrass Species Requirement–This proposed conservation measure would promote the use of turfgrass appropriately suited for a particular site in order to save on irrigation water. For any new construction, the turfgrass species/variety installed on a property would have to be chosen from a list of approved species. In addition, irrigated turfgrass would not be able to exceed 50% of the landscaped area. 19 5.4 La ndscaping Sta ndard The City adopted a Landscaping Standard as part of its Unified Development Code (Section 7.3 of the UDC). This standard requires landscape plantings within commercial developments to enhance the beauty of the City. The ordinance assigns points to the various plant materials. To encourage the use of water-wise landscaping, drought-tolerant and low-water-use species are assigned a higher point value. To comply, a landscape design must surpass an established threshold number of points, which is achieved more easily with the water-wise and drought- tolerant plants. 5.5 Rebates and Incentive Programs This section explains the programs that the City offers or plans to offer to provide assistance to customers who wish to implement water conserving practices. These programs include the Plumbers to People program and is planning an Irrigation Consultation Program. Additional rebate and incentive options are being researched. 5.5.1 Plum bers to Peo ple Plumbers to People would be an affordability program to provide plumbing assistance to low- income residential customers seeking to repair plumbing fixtures in their homes. The intent of the program is two-fold: (1) to eliminate the cycle of uncollected high water bills resulting from water leaks; (2) to promote water conservation. Persons eligible for the program must contact the Utility Business Office (UBO) to identify their eligibility for the program. Eligibility is based on the individual's income limits and need for assistance. The UBO office arranges for a contracted plumber to do repairs at the individual’s home. The plumber will fix minor leaks or other issues, then send a report and invoice back to the UBO office. 5.5.2 Rainwater Harvesting The City has developed a rainwater harvesting program. Under this program, customers of the Water Utilities will be eligible to purchase a rain barrel from the City. 5.5.3 Irrigation Con sultation Program The City plans to develop an Irrigation Consultation Program to reduce water waste and improve efficiency on large, existing irrigation systems. The service will be free to commercial sites and would provide feedback to property owners about how they can make meaningful changes to their irrigation system. It would begin with a consultation request from the property owner of a large irrigation system. The Water Utilities Department will coordinate a consultation with a contracted, licensed irrigator for that property. The licensed irrigator would perform a thorough inspection of the irrigation system’s performance. 20 A report with recommendations would be provided to the property owner and the Water Utilities Department. The recommendations may include ways that the property owner can drastically reduce water consumption. The Water Utilities Department will analyze each report and may provide assistance with the recommended changes, depending on the cost and benefits. One year after the inspection, a follow-up would be performed to see if recommendations were implemented and determine how much water consumption was decreased. 5.6 City-led Water Conservation Programs This section explains the programs that the City has initiated in order to improve its own efficiency and promote conservation to its residents. These programs include the use of reclaimed water, improvements in City-owned properties, park water conservation, accurate water metering, and a system to audit water loss. It also includes the use of a permanent, full- time water conservation staff. 5.6.1 Use of Reclaimed Water Reclaimed water by definition is, "domestic or municipal wastewater which has been treated to a quality suitable for a beneficial use, pursuant to the provisions of this chapter and other applicable rules and permits" (30 TAC §210.3(24)). The City currently has five reclaimed water use customers and recognizes that the direct use of reclaimed water is an effective method of reducing potable water usage. Corpus Christi reclaimed water is used primarily for irrigating recreational tracts. Historically, Corpus Christi began its reuse program in the early 1960s when it began delivering reclaimed effluent to its first customer, the Gabe Lozano Golf Course. Over the next several decades, the City acquired additional reuse customers which include other golf courses, parks, and recreational areas. In 2019, the City supplied 5 million gallons of reclaimed water to its irrigation customers, saving an estimated 100% of the same amount in potable water. To facilitate expansion of its reuse program in the future, the City will identify and rank industrial, commercial, and institutional (ICI) customers according to volume of water use, and investigate the feasibility of using reclaimed water. The City will also investigate reuse opportunities within its own accounts or with third parties outside its service area. The City owns several public areas that are candidates for reuse. 5.6.2 I mproveme nts in City-owned Pr operties In order to be a representative of its conservation message, the City has pushed for increased Xeriscape landscaping of City-owned properties. This includes water-wise landscaping at the Water Utilities Department building, and the Xeriscape Design Garden and Learning Center adjacent to the Museum of Science and History in downtown Corpus Christi (see Section 21 5.6.3). The Water Utilities Department will encourage the future conversion of City landscaping to more water-wise design. In addition, the City has been proactive in replacing out-dated, inefficient plumbing fixtures in its buildings. The City plans to install a rainwater harvesting system at the Water Utilities building to be used for on-site irrigation. 5.6.3 Ide nti fying and Repa iring Leaks The Water Utilities Department has a full team of employees committed to identifying and repairing leaks in the water distribution system throughout the City. A crew of round-the-clock responders follow the procedure below to find and fix a leak: 1.The initial responder, called a first responder is sent to the location to identify and mark the priority of the leak. Response time can be 30 minutes to an hour. 2.On site crews may need to close valves to isolate the leaking line. Line locates are called in to mark all other utility lines in the area of the leak prior to repairs. Depending on the severity of the leak these locates can take up to approx. 24 hours 3.After line locates are complete, Distribution Leak crews respond to the leak and make all needed repairs. 4.After repairs are complete, the dirt and dressing crews back fill the area and replace grass as needed. 5.6.4 Park Water Cons ervation The City of Corpus Christi Parks and Recreation Department manages golf courses, large City-wide parks, recreation centers, decorative fountains, public swimming pools, and close to 200 neighborhood parks, some with irrigated athletic fields. Because many of the parks in the City require irrigation, it is critical that proper conservation measures are in place so the City demonstrates and promotes those measures to the public. The Water Utilities Department works with the Parks and Recreation Department to implement several water conservation practices within the park system. Some of these measures include: 1.Converting manual irrigation systems to automatic irrigation systems. 2.Including the park properties in the water system audit. 3.Voluntarily adopting landscape ordinance provisions of the Corpus Christi Zoning Ordinance (explained in Section 5.2.12). 4.Replacing several spray irrigation heads with drip irrigation. Some of the conservation measures that the City is pursuing for the future include: 1.Updating automatic irrigation systems with a “smart” Baseline Controller, which can remotely control up to 50 irrigation zones with 10 different programs. These include moisture sensors in the soil. 22 2.Implementing an irrigation consultation program to target specific areas where water efficiency improvements can be made. 3.Converting turfgrass species to more site-appropriate varieties to reduce water use. To track the progress of water conservation in the parks, the Water Utilities Department will gather the following: 1.Water savings resulting from the offset of potable water use by irrigating with reclaimed wastewater. 2.Water savings attributable to the repairs of leaks 3.Changes to irrigation systems, retrofits, or upgrades; regular leak detection; maintenance policies, and estimated water savings from conservation practices. 4.Estimated water savings attributable to changes implemented. 5.Costs of repairs, equipment upgrades, or new equipment installed. The Water Utilities Department will evaluate data from sites before and after significant irrigation system changes or upgrades. The City maintains performance measure software to monitor the progress of leaks repaired. The Maximo software will identify individual categories to estimate the volume of water savings attributable to repairs of leaks. 5.6.5 Metering All Connections Metering is a critical aspect in water conservation. It provides a method for customers to relate their water usage to their utility bill. For the City, meters help keep track of water use in order to target areas of inefficiency or locate areas where there may be potential leaks. New technology allows the city to track water use remotely and alert employees when there are spikes in water use among customers. The following elements are part of the City’s on-going metering program: 1.Required metering of all connections. 2.A policy for installation of adequate, proper-sized meters as determined by a customer's current water use patterns. 3.Direct utility metering of each duplex, triplex, and four-plex unit, whether each is on its own separate lot or there are multiple buildings on a single commercial lot. 4.Metering of all utility and publicly owned facilities. 5.Use of construction meters and access keys to account for water used in new construction. 6.Implementation of the State requirements in HB 2404, passed by the 77th Legislature Regular Session and implemented through Texas Water Code 13.502, which requires all new apartments be either directly metered by the utility or submetered by the owner. 7.Regular replacement of 5/8” and 3/4” meters after 15 years of service. 8.An accounting of water savings and revenue gains through the implementation of 23 the Water Utilities Department's meter repair and replacement procedures. Each year the Water Utilities Department estimates its annual water savings from the program. Savings can be estimated based upon a statistical sample analyzed as part of the meter repair and replacement program. The City maintains a meter replacement policy based upon a customer's concern about the accuracy of their meter. Annual records of replaced meters are maintained through the City's Maximo software. Meter replacement takes precedence over meter repair due to the cost of repairing old meters. The City has improved efficiency and cut water loss by purging old meters and converting standard meters to automated meter reading (AMR.). The AMR program is a metering system that remotely records usage and accurately integrates that data into the billing system. Around 99 percent of the City's water meters have been installed with the AMR, benefiting the City by improving meter accuracy and reducing the cost of reading meters manually. 5.6.6 Record Management The City has a system of record management to classify customers by sector for billing purposes and to keep track of water consumption by class. The billing system has the ability to categorize customers into sectors that can be summarized into those required by the Texas Water Development Board and the Texas Commission on Environmental Quality. These sectors include: residential (including single-family and multi-family); commercial; institutional; industrial; and wholesale (the City does not have any agricultural customers). 5.6.7 System Water Audit and Water Loss As with any aging infrastructure system, the City does have water loss between the treatment plant and the point of use. In order to reduce this water loss, the City performs an annual system water audit. This estimate of system water efficiency is achieved by comparing the quantity of water delivered to the treatment plant, potable water produced, and water sold. The Water Utilities Department tracks numerous leak detection and repair activities and is able to evaluate its success using the asset management software to compile and track work orders. Using this data from the audit, the City is able to focus on specific areas where improvements in efficiency can be achieved. 5.6.8 Water Conservation Staff The Water Utilities Department has two staff members who coordinate and implement water conservation programs for the City and its service area. These employees include the Water Resource Manager and the Utilities Compliance Superintendent. They are critical to ensuring the success of the City’s overall conservation program. The Water Resource Manager is responsible for planning conservation programs; public relations; seeking and identifying new opportunities in conservation and water supply; program analysis; contributions as a member of regional workgroups (BBACS, GMAs, Region N, Nueces Feasibility, CCASRCD); assistance with educational/promotional material; 24 planning Irrigation Consultation Program; meetings with stakeholders; assistance with marketing strategies for conservation programs; assistance with annual conservation budget; preparation and submittal of annual conservation status reports to Water Utilities Department management. The Utilities Compliance Superintendent is responsible for implementing conservation programs; conservation education and marketing; coordinating with other departments and wholesale customers; coordinating programs within the Water Utilities Department; development of marketing strategies for conservation programs; management of consultants, and contractors, when appropriate; preparation of annual conservation budget. This conservation team takes part in several educational events and programs, which are explained in detail in section 5.7. 5.7 Education One of the most effective ways to improve conservation and water-use efficiency is through education. The Water Utilities Department is very active in educating its customers and has several programs to do so. The Water Utilities Department has two purposes for its educational programs: to disseminate information and to change behavior. Information dissemination is education that makes the public aware of something timely, such as a current drought stage and its implications. A change in behavior occurs when education teaches the public practices that should be permanently adopted. Behavioral changes take place over a longer span of time than information dissemination, but both purposes are critical to a well-informed public. This section highlights the educational programs that the Water Utilities Department plans, manages, and implements. These programs include school education, public information, and the water- wise landscape and conservation program. 5.7.1 Sch ool E ducation School education programs increase the viability of water conservation efforts, enhance the utility's public image, contribute to the attainment of Texas state education goals by students, and increase customer goodwill. The message conveyed by students to their families based upon greater knowledge of water sources and conservation can lead to behavioral changes resulting in both short- and long-term water savings. The Water Utilities Department offers various educational programs to all grade levels throughout the City of Corpus Christi. These programs include: •Learning to be Water Wise – This program is used in 5th grade classrooms to connect science, math, language arts, and social studies with water conservation activities. Boxed kits, which include a toilet water displacement bag, toilet leak detector tablets, showerhead and faucet aerators, and instructions for repairing common toilet leaks, are given to each student. 25 •Water Source Book – The Water Source Book, developed by the Water Environment Federation, reinforces water resource issues with hands-on classroom activities and experiments for grades 6 through 8. The classroom activities feature water, wastewater, and stormwater experiments. This book is provided by the City to all local school resource libraries. Continuing education workshops introduce local classroom teachers to the Water Source Book. Teachers can utilize this teaching aid to satisfy certain TEKS objectives as established by the Texas Education Agency. •Coastal Bend Teacher Resource – the City Water Utilities Department sponsors events, which brings environmental resources to teachers throughout the Texas Education Agency Region 2 area. The City Water Utilities Department also participates in annual event, offering valuable opportunities and resources for teachers, students and the general public. •Xeriscape Learning Center and Design Garden – Adjacent to the Corpus Christi Museum of Science and History, Water Utilities has an educational gazebo targeted to children, featuring various showcases and an 8-foot interactive topographic map of the Nueces River Basin. The touch of a button activates lights and sound to explain the area's water resources. Displays throughout the Xeriscape Learning Center and Design Garden are used as teaching tools for children and adults. •Other educational materials – The Water Utilities Department keeps a stock of Splash Activity Book, My Book About Water and How to Use it Wisely , and The Story of Drinking Water. Spanish material is also available upon request. The Water Utilities Department continues to offer the programs mentioned above, being sure to stay up-to-date on any changing information related to water. They also continue to stay connected to local schools in order to identify any new potential opportunities. To keep track of the impact of these various programs, the Water Utilities Department records: •The number of presentations made •The number and type of curriculum materials developed and/or provided •The number and percent of students reached by presentations and by curriculum •Annual budget related to conservation. 5.7.2 Public I nfor mation The Water Utilities Department employs several types of media resources and modes of mass communication to present a compelling and consistent message about the importance of conservation and water use efficiency. The overall goal of the public information program is to raise awareness among customers of the regional water resources and the importance of conservation. The public information is also used to convey urgent messages, such as those about drought or emergencies. Each year, the Water Utilities Department mails a Consumer Confidence Report to every customer. This report is available 26 online to anyone including new customers. It explains water quality and provides details to customers where they can get more information on water conservation. The W ater Utilities Department employs the following methods to raise water resources awareness and to instill the importance of conservation in the community: • Multi-tiered media campaign – Annual television, radio, and print campaigns promoting water use efficiency. Agreements with radio and television stations provide for matching airtime for each ad purchased by the City. • Billboard advertisement – Ads on billboards, bus benches, and other public spaces are used to promote water conservation and water quality. • Website – The department's W ater Conservation website includes tips on outdoor and indoor conservation, Xeriscape landscaping, irrigation regulations, and educational materials for youth. • Printed brochures – The City provides the public with printed brochures on various topics ranging from Xeriscaping to indoor water conservation. They are produced by several entities, including the W ater Utilities Department, the Texas W ater Development Board, and Texas A&M AgriLife Extension and are available at multiple City locations and programs. • School Education – Programs targeted to grade schools . • Xeriscape Learning Center and Design Garden – As part of the Corpus Christi Museum of Science and History, the Xeriscape Corpus Christi Steering Committee, in partnership with the City, maintains a Xeriscape demonstration garden with more than 100 plant varieties. Within the garden an educational gazebo, The W ater Story Exhibit, showcases an 8-foot interactive topographic map of the Nueces River Basin. A second gazebo named the Learning Center features practical landscape ideas and photographs. Educational Walk 'n' Talk Tours are held annually to enhance public education. • City Call Center and Request Line – The City's Call Center (361 826-CITY) was created to encourage customers to report water line breaks and to request service calls. Customers may also utilize a dedicated Water Hotline number (361 826-1600) to request water conservation kits and other information. To track the progress and effectiveness of this educational effort, the W ater Utilities Department tracks the following information when possible: • Number of activities, pieces of information distributed, and number of customers at an activity or program; • Number of public school children who received instruction in water resources or water conservation; • Number of news programs or advertisements that featured the water conservation message and how many customers had the opportunity to receive each message; • Total budget by category for public information; and • Results of annual or biannual customer survey and/or focus groups to 27 determine the reach and impact of the program. Water savings due to public information efforts are difficult to quantify. Water savings for other public information programs that result in specific actions by customers, such as changes in irrigation scheduling or reduction in water waste occurrences, may be quantified through surveys or analysis of water waste reporting in future years. 5.7.3 W a t e r -W i s e L a n d sca p e D e s i g n a n d C o n s erv a t i o n P r o g r a m The use of water for outdoor irrigation can often account for over 50% of a customer’s consumption. The purpose of this program is to decrease both peak summertime water consumption and overall water use through the installation of water-wise landscapes at residential and commercial properties, and through improved efficiency of existing landscapes. Water-wise landscaping involves not only plant selection, but continued attention to appropriate irrigation and landscape maintenance. The program is multifaceted, implemented through a landscape standard (Section 5.4), school education (Section 5.7.1), public outreach (Section 5.7.2), and city-implemented measures (Section 5.6). Below are some public-outreach programs explained in more detail that specialize in water-wise landscaping or emphasize the importance of using less outdoor water. • Xeriscape To-Go: Planning and Designing a Gardener's Dream – This brochure, available in both print and online and was designed to educate local residents on how to design and maintain a water-wise garden. It features a list of plants suitable for the Coastal Bend and an explanation of the seven principles of Xeriscaping. • Purple W ater-Wise Plant Labels – A brochure produced in cooperation with Xeriscape Corpus Christi, commercial nurseries, and Texas A&M AgriLife Extension to bring public awareness to lists of plants that are proven performers in the Coastal Bend since 2004. W ater-wise plants are labeled with purple tags at commercial nurseries for easy identification. Purple labels are affixed to water- wise and drought-tolerant plants offered at retail nurseries. To encourage the seven principles of Xeriscape landscaping, the non-profit organization, Xeriscape Corpus Christi, was formed. The organization built and maintains a demonstration Xeriscape garden at the Museum of Science and History. The steering committee's members include the City of Corpus Christi Water Utilities Department, Public Works Department, Park and Recreation Department, Nueces County Master Gardeners, and Texas A&M AgriLife Extension of Nueces County. 28 5.8 Water Conservation Pricing One of the most effective methods to influence water consumption is through changes in price structure. Water conservation pricing is a type of structure that promotes conservation by making the water rate higher as consumption increases. Another term for this type of structure is increasing block rate. The City has an increasing block rate structure for residential customers which is not “promotional.” It ensures that residents receive their most basic needed water at a reasonable price, which covers the fixed costs of the Water Utilities Department. They are billed on actual metered water use. As consumption goes into discretionary amounts, the price per gallon increases, resulting in a higher bill. A copy of the current water rate structure is attached as Appendix C. At least annually, the Water Utilities Department staff will review consumption patterns (including seasonal use) and the income and expense levels to determine if the conservation rates are effective. They then make appropriate, regular rate structure adjustments as needed. In the past, such studies resulted in an elimination of the decreasing block rate for industrial accounts and increasing block rates for residential customers. In order to further encourage conservation, the Water Utilities Department will examine the follow potential pricing measures: 1.Seasonal rates to reduce peak demands during summer months. 2. Increasing block rates for other customer classes. 3.Restructuring of commercial rate structure to an increasing block rate. The successful transition to a new rate structure will include public input and a process to educate the community about the new rate structure. Public involvement in the development and implementation of conservation rates helps to assure that the goals of the conservation pricing initiatives are met and accepted by local constituents. Public meetings, advisory groups, and public announcements are among ways to generate public involvement. 5.9 Coordination with Region N (Coastal Bend) Regional Water Planning Group The service area of the City of Corpus Christi is located within the Coastal Bend, designated as Region N Planning area, and the City has provided a copy of its Water Conservation and Drought Contingency Plan to the Coastal Bend Regional Water Planning Group (RWPG). The Region N Planning Group was initially appointed by the Texas Water Development Board (TWDB), under the authority of Senate Bill 1, and includes representatives from 12 interests including the public, counties, municipalities, industries, agriculture, the environment, small businesses, electric-generating utilities, port authorities, river authorities, water districts, and water utilities from across the region. This Plan is consistent with the City's role as a leader in water supply planning in Region N, and meets the standards for water conservation planning in TAC Chapter 288. 29 5.10 Method to Monitor the Effectiveness of Conservation Measures The best way to monitor to the effectiveness of the conservation measures of this chapter is to track the per capita water use. As was mentioned in Chapter 4, the goal of this Plan is to reduce per capita water use (gcpd) by one percent each year over the next decade. Successful water conservation measures will result in a reduction of that per capita water use. Because water use can vary each year due to weather conditions, the City will consider rainfall amounts when analyzing water use. 5.11 Means of Implementation and Enforcement This Water Conservation Plan was approved by the Corpus Christi City Council on September 29, 2020. The passage of this W CP provides the W ater Utilities the authority and guidance to implement the included conservation measures and programs. The W ater Resource Management Ordinance provides the legal authority for the City of Corpus Christi to enforce certain conservation measures and all drought contingency measures. A copy of the Water Resource Management Ordinance (Section 55) is attached as a supporting document. 5.12 Reservoir System Operating Plan Because all customers rely on the reservoir systems for their supplies, they are subject to the Reservoir Operating Plan. A copy of this is included in Appendix D. 6. Wholesale Customer Conservation 6.1 Introduction The City of Corpus Christi serves four wholesale customers with treated water and seven wholesale customers with raw water. As part of the Water Conservation Planning Process, it is important to keep customers informed of the City’s decision making processes. This chapter explains the conservation goals that the City encourages its wholesale customers to adopt. Though wholesale customers outside of city limits are not legally bound b y the ordinances of Corpus Christi, the City requires the wholesale customers to adopt conservation measures outlined in the Plan. It helps to ensure the region’s water security and also ensures that customers, both inside and out of the City, are treated equitably. Section 6.5 explains the contractual requirements between the City and its wholesale customers. 6.2 Wholesale Customer Targets and Goals The best way to reduce water waste and increase conservation is to set targets and goals. As was mentioned in Chapter 4, the City of Corpus Christi has set a water conservation goal of one percent annual reduction in consumption. This amounts to 184 gpcd in 2029. The City, 30 though it has no authority to require it, suggests to each its wholesale customers to also try to achieve a one percent annual reduction in consumption. The Coastal Bend Regional Water Planning Group recommends consumption reductions and they are shown below in Table 6.1. The gpcd of wholesale customers is shown with 5- and 10-year consumption goals. Though the group’s targets are not as aggressive as the City’s, they still help in conserving the region’s water supplies. Table 6.1 Wholesale Customer Consumption and Goals of Regional Water Planning Group (gcpd) Wholesale Customer 5 – Year Goal 10 –Year Goal Alice Water Authority 176 173 Beeville Water Supply District 110 100 Nueces County WCID 4 (Port Aransas) 396 376 San Patricio Municipal Water District 141 134 South Texas Water Authority 145 140 6.3 Metering, Monitoring, and Records Management The City meters all water diverted from the raw water supply to its wholesale customers. The City also meters all treated water delivered to its wholesale customers. By contrast, these meters are calibrated on a semiannual basis, and must be accurate within 2 percent. The meters are read on a monthly basis for billing purposes. A summary report is prepared, which aggregates all meter readings from wholesale raw water meters, wholesale treated water meters, and all retail customers, as well as the readings from the meters at the intake to the O. N. Stevens Water Treatment. 6.4 Leak Detection and Repair The treated water wholesale customers are supplied from portions of the City's distribution system. The meter location is the point of sale at which the water enters the customer's system. From there, it is the customer's responsibility to operate and maintain. The portions of the City's distribution system that serve these wholesale customers are subject to the same leak detection and repair program described Section 5.4.5, System Water Audit and Water Loss. All raw water delivery systems to the wholesale customers are owned and operated by those customers. Therefore, they are responsible for any leak detection and repair programs as well as for unaccounted-for water. Wholesale customers are encouraged to voluntarily report their results to the City in order to promote cooperative efficiency efforts. In addition, wholesale customers are encouraged to keep their water loss rates below ten percent. 31 6.5 Contractual Requirements The City has in place valid contracts with various wholesale customers including raw water contracts with municipal water suppliers: Alice Water Authority, Beeville Water Supply District, City of Mathis, and San Patricio Municipal Water District. Treated water customers includ e Nueces County Water Improvement District No. 4 (Port Aransas), San Patricio Municipal W ater District, South Texas Water Authority, and the Violet Water Supply Corporation. Industrial wholesale customers include Celanese and Flint Hills Resources. All of these contracts contain language related to water use restrictions in drought situations. Each contract has a section requiring the customer to accept shortages in supply, should natural or unforeseen circumstances prevent the City from delivering the water. With the exceptions of the Beeville Water Supply District and San Patricio Municipal Water District contracts, the contracts further stipulate that should there be a shortage in the basic supply of water which requires the restriction or curtailing of any consumer of water within the city limits of Corpus Christi, that the wholesale customer limit and restrict all of its customers to the same extent. The San Patricio Municipal Water District has the discretion to either implement water conservation and drought measures similar to those imposed by the City or to reduce the water it takes from the City's water supply system. If the district elects to reduce the amount of water it takes from the City's water supply system, the reductions are based on the average deliveries for the same month of the year over the three previous years. The percent of the reduction is based on the available water in the City's reservoir system. The required decrease in the amount of water that can be taken is 10% when the reservoirs fall below 40% (Stage 1), 20% when the reservoirs fall below 30% (Stage 2), 30% when the reservoirs fall below 20% (Stage 3), and Stage 4 would be an emergency condition such as a system outage or contamination event separate from lake levels. In the most recent contract with San Patricio Municipal Water District, language concerning year-round water conservation is included. As the need to renegotiate other contracts arises, the City will include contract language requiring conformance with applicable state and federal regulations concerning water conservation. The City will require in every wholesale water supply contract entered into or renewed after official adoption of this Plan (by either ordinance, resolution, or tariff), including any contract extension, that each successive wholesale customer develop and implement a water conservation plan and drought contingency plan or water management measures using the applicable elements in this Plan and City’s Drought Contingency Plan (City Ordinance 55-151). If the customer intends to resell the water, the contract between the initial supplier and customer must provide that the contract for the resale of the water must have water conservation and drought contingency requirements so that each successive customer in the resale of the water will be required to implement water conservation measures and drought contingency measures in accordance with the provisions of this Plan and the Drought Contingency Plan. This page was intentionally left blank Appendix A This page was intentionally left blank UTILITY PROFILE FOR RETAIL WATER SUPPLIER Page 1 of 13 Last Name: Utilities Compliance Superintendent Maria 20207 1947, 2345, 2464-A, 3214-C, 5434-F, 5655, 5736 Corona TX1780003 CONTACT INFORMATION Name of Utility: Public Water Supply Identification Number (PWS ID): Certificate of Convenience and Necessity (CCN) Number: Surface Water Right ID Number: Wastewater ID Number: Contact: First Name: Title: Address: City: Zip Code: Telephone Is this person the designated Conservation Coordinator? Email: Date: Email Yes No Regional Water Planning Group: Groundwater Conservation District: Our records indicate that you: Received financial assistance of $500,000 or more from TWDB Have 3,300 or more retail connections Have a surface water right with TCEQ A.Population and Service Area Data •Current service area size in square miles: N 10554 City of Corpus Christi 205 Corpus Christi State: TX mariacr@cctexas.com 8/27/2019 2726 Holly Rd 78413 Zip+4: Number: 3618261826 UTILITY PROFILE FOR RETAIL WATER SUPPLIER Page 2 of 13 2.Historical service area population for the previous five years, starting with the most current year. Year Historical Population Served By Retail Water Service Historical Population Served By Wholesale Water Service Historical Population Served By Wastewater Water Service 2019 326,554 0 2018 325,733 0 2017 324,074 0 2016 320,435 229,565 2015 320,231 180,000 3.Projected service area population for the following decades. Year Projected Population Served By Retail Water Service Projected Population Served By Wholesale Water Service Projected Population Served By Wastewater Water Service 2030 362,388 565,243 362,388 2040 381,044 589,035 381,044 2050 391,967 607,332 391,967 2060 400,094 621,759 400,094 2070 405,536 632,862 405,536 4.Described source(s)/method(s) for estimating current and projected populations. Attached file(s): File Name File Description TWDB supplied pop_Region_N_2021_plan.xlsx 2021 Regional Water Plan Population Projections UTILITY PROFILE FOR RETAIL WATER SUPPLIER Page 3 of 13 B.System Input System input data for the previous five years. Total System Input = Self-supplied + Imported – Exported Year Water Produced in Gallons Purchased/Imported Water in Gallons Exported Water in Gallons Total System Input Total GPCD 2019 22,038,810,651 0 436,220,522 22,475,031,173 201 2018 24,053,096,907 0 1,284,475,258 22,768,621,649 192 2017 22,903,189,691 0 1,344,741,237 21,558,448,454 182 2016 25,064,414,141 0 1,327,069,388 23,737,344,753 203 2015 23,269,618,947 15,099,738,852 12,668,445,835 25,700,911,964 220 Historic Average 23,465,826,067 3,019,947,770 3,412,190,448 23,248,071,599 200 C.Water Supply System 1. Designed daily capacity of system in gallons 120,000,000 2. Storage Capacity 2a. Elevated storage in gallons: 5,000,000 2b. Ground storage in gallons: 8,600,000 UTILITY PROFILE FOR RETAIL WATER SUPPLIER Page 4 of 13 D. Projected Demands 1. The estimated water supply requirements for the next ten years using population trends, historical water use, economic growth, etc. Year Population Water Demand (gallons) 2020 332,709 34,122,925,486 2021 337,367 34,426,619,523 2022 342,090 34,733,016,437 2023 346,879 35,042,140,283 2024 351,736 35,354,015,332 2025 356,660 35,668,666,068 2026 361,653 35,986,117,196 2027 366,716 36,629,520,542 2028 371,850 36,955,523,275 2029 382,335 37,284,427,432 2030 416,439 40,610,198,359 2. Description of source data and how projected water demands were determined. The population projections were estimated with a 0.0892% population growth. Water Demand was projections were estimated with 0.0892% UTILITY PROFILE FOR RETAIL WATER SUPPLIER Page 5 of 13 E. High Volume Customers 1. The annual water use for the five highest volume RETAIL customers. Customer Water Use Category Annual Water Use Treated or Raw Valero Corporation Industrial 5,238,887,000 Treated Citgo Corporation Industrial 1,359,335,000 Treated Flint Hills Resources Industrial 1,191,964,548 Raw Lyondell Besell Industrial 1,774,217,000 Treated Corpus Christi Cogeneration Industrial 590,475,000 Treated 2. The annual water use for the five highest volume WHOLESALE customers. Customer Water Use Category Annual Water Use Treated or Raw San Patricio Municipal Water District Municipal 7,265,639,154 Raw City of Alice Municipal 2,044,012,513 Raw City of Beeville Municipal 1,372,501,548 Raw South Texas Water Authority Municipal 546,900,000 Treated Nueces County WCID #4 Municipal 334,332,000 Treated F. Utility Data Comment Section Additional comments about utility data. UTILITY PROFILE FOR RETAIL WATER SUPPLIER Page 6 of 13 Section II: System Data A. Retail Water Supplier Connections 1. List of active retail connections by major water use category. Water Use Category Type Total Retail Connections (Active + Inactive) Percent of Total Connections Residential - Single Family 100,282 90 % Residential - Multi-Family 1,148 1 % Industrial 27 0.02 % Commercial 7,612 7 % Institutional 1,245 1.1 % Agricultural 0 0.00 % Total 110,314 100.00 % 2. Net number of new retail connections by water use category for the previous five years. Net Number of New Retail Connections Year Residential - Single Family Residential - Multi-Family Industrial Commercial Institutional Agricultural Total 2018 2017 2016 2015 2014 UTILITY PROFILE FOR RETAIL WATER SUPPLIER Page 7 of 13 B.Accounting Data The previous five years’ gallons of RETAIL water provided in each major water use category. Year Residential - Single Family Residential - Multi-Family Industrial Commercial Institutional Agricultural Total 2019 5,651,208,796 1,390,300,939 10,875,599,656 3,336,176,829 785,524,431 0 22,038,810,651 2018 5,546,113,000 1,362,233,000 11,148,298,000 3,471,732,000 1,546,572,000 0 23,074,948,000 2017 6,034,448,450 1,494,068,000 8,188,363,000 3,043,424,000 678,662,000 0 19,438,965,450 2016 5,589,095,000 1,591,016,000 10,794,585,000 3,077,473,000 606,886,000 0 21,659,055,000 2015 6,058,677,000 1,655,549,000 10,927,064,000 3,150,832,000 928,322,000 0 22,720,444,000 C.Residential Water Use The previous five years residential GPCD for single family and multi-family units. Year Residential - Single Family Residential - Multi-Family Total Residential 2019 30 29 59 2018 33 33 66 2017 32 32 64 2016 30 31 61 2015 33 33 66 2014 52 21 73 Historic Average 36 30 66 UTILITY PROFILE FOR RETAIL WATER SUPPLIER Page 8 of 13 D.Annual and Seasonal Water Use 1.The previous five years’ gallons of treated water provided to RETAIL customers. Month Total Gallons of Treated Water 2019 2018 2017 2016 2015 January 1,645,700,000 1,739,185,225 1,799,185,225 1,817,185,225 1,769,185,225 February 1,488,988,768 1,432,185,225 1,628,185,225 1,747,185,225 1,469,185,225 March 1,729,265,346 1,786,185,225 1,771,185,225 1,722,185,225 1,804,185,225 April 1,707,664,225 1,757,185,225 1,804,185,225 1,573,185,225 1,894,185,225 May 1,857,007,342 2,029,185,225 1,968,185,225 1,694,185,225 1,960,185,225 June 1,942,713,283 2,178,185,225 1,912,185,225 1,755,185,225 2,003,185,225 July 2,296,315,566 2,143,185,225 2,174,185,225 1,991,185,225 2,198,185,225 August 2,425,930,079 2,192,185,225 2,131,185,225 2,078,185,225 2,311,185,225 September 1,954,393,912 1,770,185,225 1,854,185,225 1,859,185,225 2,038,185,225 October 1,935,354,061 1,770,185,225 1,854,185,225 1,751,185,225 1,923,185,225 November 1,724,464,548 1,640,185,225 1,832,185,225 1,635,185,225 1,855,185,225 December 1,767,234,042 1,673,185,225 1,726,185,225 1,665,185,225 1,870,185,225 Total 22,475,031,173 22,111,222,700 22,455,222,700 21,289,222,700 23,096,222,700 UTILITY PROFILE FOR RETAIL WATER SUPPLIER Page 9 of 13 2.The previous five years’ gallons of raw water provided to RETAIL customers. Month Total Gallons of Raw Water 2019 2018 2017 2016 2015 January 174,510,000 115,828,400 184,678,400 96,608,900 45,776,200 February 133,850,000 150,378,000 147,539,000 68,863,800 143,190,200 March 125,150,000 135,481,000 187,304,000 114,625,900 100,729,600 April 105,880,000 181,971,500 153,458,360 120,504,600 73,477,016 May 72,450,000 184,758,200 143,048,640 94,475,200 125,432,194 June 98,440,000 60,706,000 36,786,400 53,759,600 55,820,390 July 143,880,000 120,239,019 60,681,400 183,442,900 148,819,200 August 171,430,000 99,710,406 103,786,000 119,090,200 158,387,000 September 164,520,000 67,777,008 90,382,900 79,231,000 130,416,700 October 172,940,000 153,475,821 146,291,000 145,655,397 145,981,248 November 149,260,000 104,272,320 93,214,400 136,531,569 29,978,292 December 163,990,000 119,913,168 103,185,400 126,756,039 37,147,014 Total 1,676,300,000 1,494,510,842 1,450,355,900 1,339,545,105 1,195,155,054 3.Summary of seasonal and annual water use. Summer RETAIL (Treated + Raw) Total RETAIL (Treated + Raw) 2019 7,078,708,928 24,151,331,172 2018 6,794,211,100 23,605,733,542 2017 6,418,809,475 23,905,578,600 2016 6,180,848,375 22,628,767,805 2015 6,875,582,265 24,291,377,754 2014 7,104,872,381 39,969,442,019 Average in Gallons 6,674,864,719.20 26,880,179,944.00 UTILITY PROFILE FOR RETAIL WATER SUPPLIER Page 10 of 13 E.Water Loss Water Loss data for the previous five years. Year Total Water Loss in Gallons Water Loss in GPCD Water Loss as a Percentage 2019 1,770,594,834 15 7.38 % 2018 1,968,883,749 17 8.65 % 2017 1,945,982,363 16 9.02 % 2016 1,679,428,947 14 7.08 % 2015 2,597,051,964 22 10.10 % Average 1,992,388,371 17 8.45 % F.Peak Day Use Average Daily Water Use and Peak Day Water Use for the previous five years. Year Average Daily Use (gal) Peak Day Use (gal) Ratio (peak/avg) 2019 61,502,348 69,099,887 1.1235 2018 64,673,242 73,850120 1.1419 2017 65,494,735 69769668 1.0653 2016 61,996,624 67183134 1.0837 2015 66,551,719 74734589 1.1230 G.Summary of Historic Water Use Water Use Category Historic Average Percent of Connections Percent of Water Use Residential - Single Family 5,775,908,449 90.92 % 25.63 % Residential - Multi-Family 1,498,633,388 1.04 % 6.30 % Industrial 10,386,781,931 0.02 % 49.34 % Commercial 3,215,927,566 6.90 % 15.16 % Institutional 909,193,286 1.12 % 3.55 % Agricultural 0 0.00 % 0.00 % UTILITY PROFILE FOR RETAIL WATER SUPPLIER Page 11 of 13 H. System Data Comment Section Attached file(s): File Name File Description Section III: Wastewater System Data A. Wastewater System Data 1. Design capacity of wastewater treatment plant(s) in gallons per day: 2. List of active wastewater connections by major water use category. Water Use Category Metered Unmetered Total Connections Percent of Total Connections Municipal 95,638 0 95,638 92.89% Industrial 14 0 14 0.01% Commercial 6,644 0 6,644 6.45% Institutional 657 0 657 0.64% Agricultural 0 0 0 0% Total 102,953 0 102,953 100% 3. Percentage of water serviced by the wastewater system: 42,700,000 UTILITY PROFILE FOR RETAIL WATER SUPPLIER Page 12 of 13 4.Number of gallons of wastewater that was treated by the utility for the previous five years. Month Total Gallons of Treated Water 2019 2018 2017 2016 2015 January 812,260,000 850,000,000 749,000,000 861,000,000 809,000,000 February 726,370,000 724,000,000 693,000,000 721,000,000 738,000,000 March 771,710,000 831,000,000 892,000,000 946,000,000 1,070,000,000 April 803,420,000 757,000,000 770,000,000 806,000,000 1,045,000,000 May 914,150,000 795,000,000 857,000,000 1,054,000,000 1,325,000,000 June 838,350,000 1,030,000,000 878,000,000 898,000,000 937,000,000 July 808,670,000 967,000,000 820,000,000 833,000,000 888,000,000 August 795,930,000 834,000,000 783,000,000 866,000,000 824,000,000 September 823,980,000 1,358,000,000 829,000,000 852,000,000 836,000,000 October 800,470,000 978,000,000 828,000,000 807,000,000 917,000,000 November 795,990,000 889,000,000 765,000,000 770,000,000 833,000,000 December 824,620,000 794,000,000 878,000,000 767,000,000 820,000,000 Total 9,715,920,000 10,807,000,000 9,742,000,000 10,181,000,000 11,042,000,000 5.Could treated wastewater be substituted for potable water? Yes No UTILITY PROFILE FOR RETAIL WATER SUPPLIER Page 13 of 13 B.Reuse Data 1.Data by type of recycling and reuse activities implemented during the current reporting period. Type of Reuse Total Annual Volume (in gallons) On-site Irrigation Plant wash down Chlorination/de-chlorination Industrial Landscape irrigation (park,golf courses) 5,858,863 Agricultural Discharge to surface water Evaporation Pond Other Total 5,858,863 C.Wastewater System Data Comment Additional comments and files to support or explain wastewater system data listed below. This page was intentionally left blank Appendix B This page was intentionally left blank ''frkXAS NATURAL RESOURCE CONSERVATION COMMISSION acre-feet ofwater to Nueces Bay and/or the Nueces Delta,by a combination of releases and spills, together with diversions and return flows noted below,should be accomplished;and that during periods when the reservoir system contains less than 70 percent storage capacity,reductions in releases an"d spill?,along with diversions artd return flows,are appropnate in that a satisfactory level of marine harvest will be sustained·and the.ecological health of the receiving estuaries will be maintained. The Commission finds that return flows,other than to Nueces Bay and/or the Nueces Delta, that are delivered to Corpus Christi Bay and other receiving estuaries are currently in the assumed amount of 54,000 acre-feet per annum (per calendar year),and that they shall be credited at this amount until such time·as it is shown that actual return flows to Corpus Christi Bay and other receiving estuaries exceed 54,000 acre-feet per annum. The Commission finds that by contractual relationships,the City of Corpus Christi is the managing entity for operating the Reservoir System. The Commission finds that the Motion by the City of Corpus Christi and Nueces River Authority to Amend this Agreed Order is reasonable and should be granted.Benefits ofthe proposed diversion project and operating changes will include increased water supply,increased reservoir storage levels,increased positive flow events for Rincon Bayou and the upper Nueces Delta, increased sources of nitrogen for the upper delta,and lower salinitylevels in the upper delta. When the Commission ases the word "release"in this Order,release means spills,inflow passage,intentional releases,and return flows;provided,however,under this Order no release from storage is required to meet conditions ofthis Order. By consenting to the issuance ofthis Agreed Order,no party admits or denies any claim,nor waives \vith respect to any subsequent proceeding any interpretation or argument which may be contrary to the provisions of this Agreed Order. Nnw,THEREFORE,BE IT ORDERED BY THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION THAT:"I 1..a;The City ofCorpus Christi,as operator of the Choke:Canyon.(Lake "Corpus Christi "reservoirs "(the "Reservoir.System'i),shall provide not less than 151,000 ac::re.:[eet of . water per annum (per Galeridar year)for the estuaries by a combination of releases ana spills from the Reservoir System at Lake Corpus Christi Dam and return flows .to Nueces and Corpus Christi Bays and other receiving estuaries (including such credits as may be appropriate for diversion of river flows and/or return flows to the Nueces Delta and/or Nueces Bay),as computed and to the extent provided for herein. b..When water impounded in the Reservoir System is greater than or equal to 70 percent of storage capacity,a target amount of 138,000 acre-feet is to be delivered to Nueces Bay and/or the Nueces Delta by a combination ofreleases,and spills from Page 2 of 11 the Reservoir System as well as diversions and return flows.In accordance with the monthly schedule and except as provided othenvise in this Agreed Order,target inflows to Nueces Bay andlor the Nueces Delta shall be in the acre-foot amounts as follow:· January 2,500 Jilly 6,500 February 2,500 August 6,500 March 3,500 September 28,500 April 3,500 October 20,000 May 25,500 November .9,000 June 25,500 December 4,500 It is expressly provided,however,that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts,as calculated in Subparagraph d. c.When water impounded in the Reservoir System is less than 70 percent but greater than or equal to 40 percent ofstorage capacity,a targeted amount of97,000 acre-feet is to be delivered to Nueces Bay andlor the Nueces Delta by a combination of releases and spills from the Reservoir System as well as diversions and return flows . .In accordance with the monthly schedule and ~xcept as provided otherwise in this Agreed·Order,targetinflo.ws to Nueces Bay andlor the Nueces Delta shall be in the· acre-foot amounts as follows:.... January 2,500 July·4,500 February 2,500 August 5,000 March 3,500 September 11,500 April 3,500 October 9,000 . May 23,500 November 4,000 June 23,000 December 4,500 It is expressly provided,however,that releases from Reservoir System storage shall not be required to satisfy the above targeted inflow amounts as calculated in Subparagraph d... d.The amounts ~f~ate~required in subparag(aphs tb.and 1.~.will ~on,slst ofr~turn flows,and intentional diversions,as well as spills and releases from the Reservoir System as defined in this subparagraph.For purposes of compliance with monthly targeted amounts prescribed above,the spills and releases described in this paragraph shall be measured at the U.S.Geological Survey stream monitoring station on the Nueces River at Calallen,Texas (USGS Station No.08211500).Any inflows, including measured wastewater effluent and rainfall runoffmeeting lawful discharge standards which are intentionally diverted to the upper Nueces Delta region,shall be credited toward the total inflow amount delivered to Nueces Bay andlor the Nueces Page 30f 11 Delta.Inflow passage from the Reservoir System for the purpose ofcompliance with the monthly targeted amounts prescribed in subparagraphs l.b.and 1.c.shall in no case exceed the estimated inflow to Lake Corpus Christi as if there were no impoundment ofinflo\vs at Choke Canyon Reservoir.The estimated i:q.flow to Lake Corpus'Christi as if there \.vere no impouridinent of inflows at Choke.Canyon Reservoir shall be computed as the sum ofthe flows measlired at the U.S.Geological Survey(USGS)STREANIFtOWGAGINGSTATIONSONTHENuecesRivernear Three Rivers (USGS No.082,10000),Frio River at Tilden,Texas (USGS No. 08206600),and San Miguel Creek near Tilden,Texas (USGS No.08206700)less computed releases and spills from Choke Canyon Reservoir. e.The passage of inflow necessary to meet the monthly targeted allocations may be distributed over the calendar month in a manner to be determined by the City.Relief from the above requirements shall be available under subparagraphs (1)or (2)below and Section 2.(b)and 3.(c)at the option of the City of Corpus Christi.However, passage of inflow may only be reduced under one ofthose subparagraphs below,for any given month. (1)Inflows to Nueces Bay and/or the Nueces Delta in excess of the required monthly targeted amount may be credited for up to fifty (50)percent of the targeted requirement for thefoUowing month,based on the amount received. (2)When the mean salinity in Upper Nueces Bay (Lat.2r 51 '02",Long.97°28'52")for a 10-day period,ending at any time during the calendar month for which the reduction of the passage of inflow is sought,is below the SUB*,pass through of inflow from the reservoir system for that same calendar month may be reduced as follows: (a)For any month other than May,June,September and October,if 5 parts per thousand (ppt)below the SUB for the month,a reduction of 25%of the current month's targeted Nueces Bay inflow; (b)If 10 ppt below the SUB for the month,a reduction of 50 %of the current month's targeted Nueces Bay inflow'except that ,credit under thIs provision is limited to 25'%during'the'm6nths of May,June, September and October;, .' *"SUB"means "salinity upper bounds"as set forth more specifically in Section 3.b. (c)If 15 ppt below the SUB for that month,a reduction of75%of the current month's targeted Nueces Bay inflow. Page 4 of 11 £The City of Corpus Christi shall submit monthly reports to the Commission containing daily inflow amounts provided to the Nueces Estuary in accordance with this Agreed Order through releases,spills,return flows and other freshwater inflows. .. ,2.a: , Certificate holders are to provide in any future contracts'Of any amendments,'. modifications or changes to existing contracts the condition that all wholesale, customers and any subsequent wholesale customers shall develop and have in effect a water conservation and drought managementplan consistent with Commission rule. The City of Corpus Christi shall solicit from its customers and report to the Commission annually the result ofconservation under the City's plan,the customers' plans,and the feasibility of implementing conservation plans and programs for all users of water from the reservoir system.This report shall be submitted with the Certificate Holder's annual water use report as provided by 31 T.A.C.§295.202. b.The Certificate Holders may reduce targeted Nueces Bay inflows during times of prolonged drought in accordance with this subparagraph 2.. .; (1)When the combined storage in the Choke Canyon/Lake Corpus Christi reservoir systerp.(Reservoir System Storage)falls below 50%of the total system storage capacity,the City of Corpus Christi shall issue public notice advising"and informing the water ,users of the region of voluntary conservation measUres that are reqllested irrimediatelyand required drought management measures to be taken should the R~servoir System ~St-orage.fan ' to under 40%and/or 30%of total system:storage ,capacity.To the'extent of its legal authority,the City of Corpus Christi shall require its wholesale customers to issue public notice advising and informing the water users ofthe region ofvoluntary conservation measures that are requested immediately and required drought management measures to be taken should the Reservoir System Storage fall to under 40%andlor 30%of total system storage capacity. (2)In any month when Reservoir System Storage is less than 40%,but equal to or greater than 30%of total,system storage capacity,the City of Corpus Christi shall implement time of day outdoor watering restrictions and shall redllce targeted inflows to Nueces Bay to 1,200 acre-feet per nion~h.(1,200' acre-feetper month represents the quantity otwater that is the medi'al1 inflow into Lake Corpus Christi during the drought ofrecord).Time of day outdoor watering restrictions prohibit lawn watering between the hours of 10:00 o'clock a.m.and 6:00 o'clock p.m.and are subject to additional conditions as described in the City of Corpus Christi's approved "Water Conservation and Drought Contingency Plan ("Plan")."To the extent ofits legal authority, the City ofCorpus Christi shall require its wholesalecustomers to implement time of day outdoor watering restrictions similar to those ofthe City. Page 5 of 11 (3)In any month when Reservoir System Storage is less than 30%oftotal system storage capacity,the City of Corpus Christi shall implement a lawn watering schedule in addition to time of day outdoor watering restrictions (see .sllbp'aragraph 2.b.(2))and'shall suspend thepassage of inflo\v from'the .. Reservoir System for targeted inflows to Nueces Bay.However,return flows directed into Nueces Bay amVor the Nueces Delta shall continue.The lawn watering schedule shall allow customers to water lawns no oftener than every five days,subject to the time of day restrictions described in subparagraph 2.b.(2)and any additional conditions as described in the City's Plan. ... (4)Certificate Holders'may implement whole or partial suspension of the passage of inflow through the reservoir as described above when the City implements,and requires its customers to implement,water conservation and drought management measures at diminished Reservoir System levels,as set forth in subparagraphs b.(2)and b.(3). c.For purposeS of this Agreed Order,Reservoir System storage capacity shall be determined by the most recently completed bathymetric survey ofeach reservoir.As of 2001,completed bathymetric surveys of each reservoir repons conservation storage capacitiesof695,271 acre-feet (below 220.5 feet mean sea level)for Choke Canyon Reservoir (Volumetric'Survey of Choke Canyon Reservoir,TWDB .' September 23,1993)and 241,241 acre-feet (below 94 feet"mean sea level)for Lake Corpus Christi (Regional Water Supply Planning StudY-Phase I Nueces River Basin, HDR,December,1990)..'. d.Percentage ofthe Reservoir System capacity shall be determined on a daily basis and shall govern,in part,the inflow to be passed through the reservoir during the remaining days of the month.. e.Within the first ten days ofeach month,the City ofCorpus Christi shall submit to the Commission a monthly report containing the daily capacity ofthe Reservoir System in percentages and mean sea levels as recorded for the previous month as well as reservoir surface areas and estimated inflows to Lake Corpus Christi assuming no . .impoundment of inflows at Choke Canyon·Reservoir.The rep'ort shall indicate .which gages or measuring devices were used to detertnine Reservoir System capacity . a~destimate inflows to Lake Corpus Christi.. . f.Concurrent with implementing subparagraphs 2.b.(1)through 2.b.(3),the City shall proceed to:. 1.Acquire land rights to properties necessary to re-open the Nueces River Overflow Channel and make the Nueces River Overflow Channel and Rincon Bayou Overflow Channel permanent features ofthe Rincon Bayou Diversion; Page 6 of 11 2.Construct and operate a conveyance facility to deliver up to 3,000 acre-feet per month of required Reservoir System "pass-throughs"directly from the Calallen Pool into the Upper RinconBayou by use of one or two of the five ..authorized poihts of diversion under Certificate of Adjudication No.2464, being the existing Scm Patricio Municipal Water District point of diversion and/or a point on the North bank onhe Calailen Pool located at Latitude 27.8823 oN,Longitude.~7.6254 oW,also be·aring S 27°24'W,4,739 feet from the southwest comer ofthe J.H.W.Ottman Survey,Abstract No.212, San Patricio County,Texas,where the water will be pumped at the maximum rate of 45,000 gprri;and 3.Implement an on-goingmonitoririg and assessment program designed to· facllitate an "adaptive management"program for freshwater inflows into the Nueces Estuary. 4.Constmction necessary to implement subparagraph 2.f.1.shall be accomplished by December 31,2001 and work necessary.to accomplish subparagraph 2.f.2.shall be accomplished by December 31,2002. 5.In the event the City fails·to timely complete the work set forth in subparagraphs 2.£1.and 2.f.2.,this anlendment shall automatically terminate and the provisions of the Agreed Order of Apri128,1995 shall be reinstated and ·become operative despite this amendment;unless tneExecutive Director· grants a modification after considering the recommendations of the Nueces Estuary Advisory Council. .. g.The Executive Director is delegated authon tyto make modifications to subparagraph 2.f.,after considering the recommendations ofthe Nueces Estuary Advisory Council. However,changes may be made through this process only with the City's consent if the changes result/in increased costs to the City. lfthe Executive Direct()r makes modifications to subparagraph 2.f.as authorized in this paragraph,any affected person may file with the chief clerk a motion for reconsideration oftheExecutiveDirectot's action no later.than 23 days after the date ·the Executive Director mails notice ofthe modification to the City.This motion shall .. be considered under the provisions·of 30·'rexasAdministrative Code §50.39(d)and· (eY· h.The City shall obtain all necessary permits from the Commission before beginning these projects.The deadlines set out above include time necessary to apply for,. process and,if necessary,complete hearings on these permits. 3.a.The City of Corpus Christi,with the assistance and/or participation of federal,state .and local entities,shall maintain a monitoring program to assess the effect of this r-; " Page 7 of 11 operating plan on Nueces Bay.The cornerstone ofthis program is the development of a salinity monitoring program.The program shall include at least two monitoring stations,one in upper Nueces Bay (Lat.27°51 '02",Long.97°28'52")and one inmid .Nueces Bay (Lat.27°51'25",Long.9r25'28")with the capability of providing' .continuous salinity and/or conductivity-data,tempeniture;pH,and dissolved oxygen ..' levels.Additional stations may be established at the recommendation of the Advisory Council (continued b~paragraph 4 ofthis Agreed Order)to assess inflow' effects throughout the esttlarine system,but the City shall not be obligated to establish such additional stations except to the extent authorized by its City Council. b.The City of Corpus Christi or its designated representatives shall monitor salinity levels in Upper and Mid-Nueces Bay.The lower (SLB)and upper (SUB)salinity bounds (in parts per thousand-ppt)developed for application ofthe Texas Estuarine Mathematical Programming Model and considered appropriate for use herein,are as follows: SLB SUB SLB SUB January 5 30 July 2 25 February 5 30 August 2 25 March 5 30 September 5 20 April 5 30 .October .5 30 May 1 20 November 5 30 June 1 20 .December 5 30 c.When the average salinity for the third week (the third week includes the seven days from the 15th through 21st)of any month is at or below the subsequent month's estaplishedSLB for upper Nueces Bay (Lat.27°51'02",Long.9r28'52"),noreleases from the Reservoir System to satisfy targeted Nueces Bay inflow mounts shall be required for that subsequent month. d.All data collected as a result ofthe monitoring program required by paragraph 3 of this Agreed Order shall be submitted monthly to ~he Commission within the first ten days of the immediately following month.The Nueces Estuary Adviso'ry Council shall study the feasibility'~f developing a method of.gtanting credits for .inflows' which exceed the -required amounts'to replace the credits that are set out in suoparagraph l.e;(l)and make recommendations to the Commission for possible implementation.That method shall have as its goal the maintenance of the proper ecological environment and health of related living marine resources and the provision ofmaximum reasonable credits towards monthly inflow requirements. 4.a.To assist the Commission in monitoring implementation of this Order a,nd making recommendations to the Commission relating to any changes to this Agreed Order and the establishment of future operating procedures,the Nueces Estuary Advisory Page Bof 11 Council shall be continued.Its members shall include,but are not limited to a qualified representative chosen by each of the·following entities or groups:the Executive Director ofthe Texas Natural Resource C~nservation Commission,whose representative shall serve as chair~he Texas Water Development Board;the Texas Parks and Wildlife Dep'artment;the TexasDepartment ofHealth;the General La~d Office;·the holders of Certificate of Adjudication No.21-3214 (theCities-ofCorpus Christi and Three Rivers and the Nueces River Authority;the University of Texas Marine Science Institute;Tex"as A&M .University -Corpus Christi;Save Lake Corpus Christi;Corpus Christi Chamber of Commerce;the City of Mathis;Coastal Bend Bays and .Estuaries Program,Inc.;a commercial bay fishing group;a conservation group (e.g.-the Sierra Club and the Coastal Bend Bays Foundation); wholesale water suppliers who are customers of the Certificate Holders (e.g.,the South Texas Water Authority and the San Patricio Municipal Water District);the Port of Corpus Christi Authority;arid a representative of industry..The representatives should have experience and knowledge relating to current or future water lise and management or enviromnental and economic needs of the Coastal Bend area. b.No modification shall be made to this Order without the unanimous consent of the .Certificate Holders,except to the extent provided by law. .'.' c.Matters ·to be studied by the Nueces Estuary Advisory Council.andupon which the Executive DireCtor shall certify recommendations to the Commission:shaH include~· but are not limited to: (1)the effectiveness of the inflow requirements contained in ~his Agreed Order on Nueces Estuary and any recommended changes;'. (2).the effect of the releases from the Reservoir System upon the aquatic and wildlife habitat and other beneficial and recreational uses of Choke Canyon Reservoir and Lake Corpus Christi; (3)the development and imp lemeritation ofa short and long-term regional water management plan for the CoastalBend Area; (4)the salinity level to he applied in Paragraphs 1.~.and 3;c.,at which targeted. inflows in the subsequent month may be suspended; (5)the feasibility of discharges at locations where the increased biological productivity justifies an inflow credit computed by multiplying the amount of discharge by a number greater'than one;and developmept of a methodology for granting credits for inflows which exceed the required amount to replace the credits that are set out in subparagraph l.e.That me.thodology shall have as its goal the maintenance of the proper ecological Page 9 of 11 environment and health ofrelated living marine resources and the provision of maximum reasonable credits towards monthly inflow requirements;and, (6)..any othermatter pertinent to the conditions contained in this Agreed Order. Page 10 of11. 5.This Agreed Order shall remain in effect until amended or superseded by the Commission. Issued·date:APR :05 2001·TEXAS NATURAL RESOURCE CONSER:VATION COMMISSION Page 11 of 11 This page was intentionally left blank Appendix C This page was intentionally left blank Meter Size Minimum Meter Size Minimum 5/8" X 3/4" Residential $12.92 5/8" X 3/4"Residential $15.51 5/8" X 3/4"Commercial 12.92 5/8" X 3/4"Commercial 15.51 1". . . . . . . . . . . . .19.39 1". . . . . . . . . . . . .23.26 1 1/2". . . . . . . . . . . . .32.31 1 1/2". . . . . . . . . . . . .38.77 2". . . . . . . . . . . . .64.60 2". . . . . . . . . . . . .77.52 3". . . . . . . . . . . . .103.36 3". . . . . . . . . . . . .124.04 4". . . . . . . . . . . . .206.72 4". . . . . . . . . . . . .248.07 6". . . . . . . . . . . . .323.00 6". . . . . . . . . . . . .387.60 8" or larger . . . . . . . . . . . . .646.00 8" or larger . . . . . . . . . . . . .775.20 PER 1,000/GALLONS PER 1,000/GALLONS First 2,000 Gallons Minimum First 2,000 Gallons Minimum Next 4,000 . . . . . . . . . .$6.46 Next 4,000 . . . . . . . . . .$2.49 Next 9,000 . . . . . . . . . .7.42 Next 9,000 . . . . . . . . . .3.10 Over 15,000 . . . . . . . . . .8.09 Over 15,000 . . . . . . . . . .3.92 First 2,000 Gallons Minimum First 2,000 Gallons Minimum Over 2,000 . . . . . . . . . .$7.17 Over 2,000 . . . . . . . . . .$3.36 Minimum Minimum Minimum Minimum First 10,000,000 Gallons $24,202.00 First 10,000,000 Gallons $40,382.00 Over 10,000,000 . . . . . . . . . . . . .5.90 Over 10,000,000 . . . . . . . . . . . . .2.20 First 2,000 Gallons $Minimum First 2,000 Gallons $Minimum Over 2,000 . . . . . . . . . . . . .8.09 Over 2,000 . . . . . . . . . . . . .3.92 Metered at the site of treatment Water delivered through City facilities First 2,000 Gallons Minimum First 2,000 Gallons Minimum Over 2,000 . . . . . . . . . .$1.464 Over 2,000 . . . . . . . . . .$2.096 Effective January 1, 2020 First 2,000 Gallons Minimum Raw water rate payers ICL &OCL $1.070/TGAL Over 2,000 . . . . . . . . . .$3.45 Raw water non rate payers ICL & OCL $1.111/TGAL Monthly charge for Raw Water (includes Raw Water Supply Dev)Golf Course/Athletic Field Iirrigation Residential Residential CITY OF CORPUS CHRISTI UTILITY BUSINESS OFFICE UTILITY RATE SCHEDULE WATER SERVICE Effective January 1, 2020 MINIMUM MONTHLY CHARGE (FOR FIRST 2,000 GALLONS) INSIDE CITY LIMITS OUTSIDE CITY LIMITS MONTHLY VOLUME CHARGES PER 1,000 GALLONS (above the minimum level) INSIDE THE CITY LIMITS OUTSIDE THE CITY LIMITS Agency for Resale Commercial Agency for Resale Commercial Large Volume-Large Volume- Residential Irrigation (Water on separate meter)Residential Irrigation (Water on separate meter) This page was intentionally left blank Appendix D This page was intentionally left blank OPERATIONS PLAN FOR THE LAKE CORPUS CHRISTI-CHOKE CANYON RESERVOIR SYSTEM The following operations plan for the Lake Corpus Christi –Choke Canyon Reservoir water system provides for the two reservoirs to be operated as a regional water supply with primary purpose to be furnishings a dependable supply to the people in the Coastal Bend area. The plan also recognizes the need for the recreational facilities for public use and the Texas Water Commission adjudicated water permit which requires a minimum flow of 151,000 acre-feet of water annually to bays and estuaries from return flows, spills, or fresh water releases from Lake Corpus Christi once Choke Canyon Reservoir fills. The Plan consists of four phases of operation depending on the water levels in the two reservoirs. PHASE I - This phase applies only to the initial filling period of Choke Canyon Reservoir. It is necessary that this reservoir be filled at the earliest opportunity so that all structures and mechanical equipment can be tested. Initial filling of the reservoir also triggers the requirement that minimal flows be made available for bays and estuaries. 1.During the initial period, only the releases requires required by agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department, varying between 15 and 33 cubic feet per second depending on the reservoir level, will be made unless Lake Corpus Christi elevation falls below elevation 86 feet. 2.If water user demand is less than 200,000 acre-feet annually and Lake Corpus Christi is at elevation 86 feet, water will be released from Choke Canyon to maintain this elevation until Choke Canyon Reservoir falls to elevation 184 feet. 3.When Lake Corpus Christi has fallen to elevation 86 feet and Choke Canyon has fallen to elevation 184 feet, Lake Corpus Christi will be allowed to drop to elevation 76 feet, at which time water will be released from Choke Canyon to allow user’s intake structures at Lake Corpus Christi to be used. 4.Should water user demand excess 200,000 acre-feet annually, the water level of Lake Corpus Christi will be allowed to drop to elevation 76 feet prior to releases from Choke Canyon Reservoir. PHASE II - This phase applies after Choke Canyon Reservoir is filled and water user demand is less than 150,000 acre-feet annually. 1.A minimum of 2,000 acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between City of Corpus Christi and the Texas Parks and Wildlife Department. 2.Whenever Lake Corpus Christ water surface falls to elevation 88 feet and Choke Canyon Reservoir surface elevation is above 204 feet, releases will be made from Choke Canyon Reservoir to maintain Lake Corpus Christi surface at elevation 88 feet. 3.Whenever Lake Corpus Christi water surface is at or below elevation 88 feet and Choke Canyon Reservoir surface elevation is below 204 feet, the Choke Canyon release for the current month is made equal to the Lake Corpus Christi release from the preceding month. This minimizes drawdown at Lake Corpus Christi for recreation purposes and promotes a more constant quality of water by mixing Choke Canyon Reservoir releases with Lake Corpus Christi content. PHASE III - This phase applies after Choke Canyon Reservoir is filled and water user demand is between 150,000 and 200,000 acre-feet annually. During this period, water release plan prepared by the Bureau of Reclamation will be followed to produce a dependable yield of 252,000 acre-feet. 1.A minimum of 200,000 acre-feet per month will be releases from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. 2.Whenever Lake Corpus Christi water surface is at or below elevation 88 feet, and the ratio of Choke Canyon Reservoir content to Lake Corpus Christi content (both at the end of the preceding month) exceeds the corresponding ratio with 6-foot drawdown at both reservoirs, the Choke Canyon Reservoir release for the current month is made equal to the Lake Corpus Christi release during the preceding month. This equalizes drawdown at the two reservoirs for recreation purposes and promotes a more constant quality of water by mixing Choke Canyon Reservoir releases with Lake Corpus Christi content. PHASE IV - This phase applies after Choke Canyon Reservoir is filled, water user demand exceeds 200,000 acre-feet annually, and developed long-term supply is less than 300,000 acre- feet annually. 1.A minimum of 2,000 acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. 2.In order to provide maximum dependable yield from the two reservoirs, the water level in Lake Corpus Christi will be allowed to drop top elevation 74.0 feet (Ordinance Changed #022661) before water is released from Choke Canyon Reservoir in excess of the 2,000 acre-feet per month requirement. When the elevation of Choke Canyon Reservoir drops to 155 feet, Lake Corpus Christi will be lowered to its minimum elevation. LAKE CORPUS CHRISTI-CHOKE CANYON RESERVOIR STATISTICAL DATA Water Elevation Minimum Functional Capacity, Acre-Feet* When Full, Feet Elevation, Feet Lake Corpus Christi 272,000 94.0 76.0 Choke Canyon Reservoir 692,000 220.5 147.5 Intake Structure Elevations of Customers Withdrawing Water Directly from Lake Corpus Christi: Elevation, Feet City of Mathis 73.0 Beeville Water Authority 74.0 Alice Water Authority 67.0 City of Corpus Christi 55.0 Annual Lake Corpus Christi Withdrawals: Fiscal Year Total Withdrawn From Lake, Acre-Feet 1975-76 · · · · · · · · · · ·· 86,416 1976-77 · · · · · · · · · · · · 86,408 1977-78 · · · · · · · · · · · · 101,596 1978-79 · · · · · · · · · · · · 96,029 1979-80 · · · · · · · · · · · · 106,851 1980-81 · · · · · · · · · · · · 104,657 1981-82 · · · · · · · · · · · · 107,002 1982-83 · · · · · · · · · · · · 107,348 1983-84 · · · · · · · · · · · · 119,701 1984-85 · · · · · · · · · · · · 90,226 1985-86 · · · · · · · · · · · · 105,469 *1 acre-foot = 325,850 gallons This page was intentionally left blank Appendix E This page was intentionally left blank ORDINANCE TO ADOPT THE CITY OF CORPUS CHRISTI WATER CONSERVATION PLAN REVISED 2020 EDITION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi hereby adopts the City of Corpus Christi Water Conservation Plan Revised 2020 edition, which is attached and incorporated as Exhibit A. The 2020 edition replaces the prior edition of the Water Conservation Plan. SECTION 2. That City Code of Ordinances, Chapter 55, Article XII Water Resource Management, Section 55-150 (a) is revised to replace the Water Conservation Plan approved on May 28, 2013 with the Water Conservation Plan Revised 2020 edition as follows: Sec. 55-150. - Scope, purpose, authorization, and definitions. (a) Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan approved on May 28, 2013 Revised 2020 edition, and the Drought Contingency Plan Revised 2018 edition, approved January 30, 2018, as amended by ordinance, a true copy of each which is on file in the office of the city secretary, is have been adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. SECTION 3. This Ordinances takes effect upon publication. 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 ____________ day of ________________, 2020. ATTEST: _____________________________________________________ Rebecca Huerta Joe McComb City Secretary Mayor ARTICLE XII. - WATER RESOURCE MANAGEMENT[7] Footnotes: --- (7) --- Editor's note— Ord. No. 24396, § 1, adopted Mar. 20, 2001, amended art. XII, in its entirety, to read as herein set out. Former art. XII pertained to similar subject matter. See the Code Comparative Table. Sec. 55-150. - Scope, purpose, authorization, and definitions. (a)Scope. There is hereby established a City of Corpus Christi Water Conservation Plan and Drought Contingency Plan. The City of Corpus Christi Water Conservation Plan approved on May 28, 2013 and the Drought Contingency Plan Revised 2018 edition, approved January 30, 2018, as amended by ordinance, a true copy of which is on file in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs. (b)Declaration of policy. (1)It is hereby declared that the general welfare requires that the water resources available to the city be put to the maximum beneficial use to the extent to which they are capable, and that the waste or unreasonable use, or unreasonable method of use of water be prevented, and the conservation of such water is to be extended with a view to the reasonable and beneficial use thereof in the interests of the people of the area served by the city's water resources and for the public welfare. (2)In making decisions under this article concerning the allocation of water between conflicting interests, highest priority will be given to allocation necessary to support human life and health; i.e., the minimum amount of water necessary for drinking, prevention of disease, and the like. Second highest priority will be given to allocations which will result in the least loss of employment to persons whose income is essential to their families. (c)Authorization. The city manager, or his designee, upon the recommendation of the assistant city manager, public works and utilities, is hereby authorized and directed to implement the applicable provisions of this article upon their determination that such implementation is necessary to protect the public welfare and safety. (d)Definitions. The following terms used in this article are defined as follows: (1)"City manager" means the city manager or the city manager's designee. (2)"Drip irrigation" means an irrigation system that applies water at a controlled low-flow levels directly to the soil. (3)"Fountain" means an artificially created jet or stream of water; a structure, often decorative, from which a jet or stream of water issues. (4)"Industrial customers use of water for processing" means the use of water in processes designed to convert materials of lower value into forms having greater usability. (5)"Non-essential purpose" means water uses that are not essential or not required for the protection of public health, safety and welfare. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013; Ord. No. 030545, § 1, 7-14-2015; Ord. No. 031355, § 1, 1-30-2018; Ord. No. 031533, § 1, 9-11-2018) Sec. 55-151. - Water conservation measures at all times. (a)The following measures are year-round water conservation best management practices that are in effect at all times, regardless of the reservoir levels or drought contingency levels: (1)Prohibition on wasting water: Actions leading to wasting of water are prohibited and will be enforced. No person shall: a.Allow water to run off property into gutters or streets. b.Permit or maintain defective plumbing in a home, business establishment or any location where water is used on the premises. Defective plumbing includes out-of-repair water closets, underground leaks, defective or leaking faucets and taps. c.Allow water to flow constantly through a tap, hydrant, valve, or otherwise by any use of water connected to the city water system. d.Use any non-recycling decorative water fountain. e.Allow irrigation heads or sprinklers to spray directly on paved surfaces such as driveways, parking lots, and sidewalks in public rights-of-way. f.Operate an irrigation system at water pressure higher than recommended, causing heads to mist, or to operate with broken heads. (2)Time of irrigation: Irrigation by spray or sprinklers is prohibited between the hours of 10:00 a.m. and 6:00 p.m. It is still permissible to water by hand or by drip irrigation at any time of day, unless the city enters Reservoir System Stage 3. However, the use of water is permitted at any hour for short periods of time for testing related to the installation, maintenance, and repair of sprinkler systems. (3)Restaurant water saving: Commercial dining facilities must only serve water upon request. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24726, § 1, 1-8-2002; Ord. No. 026235, § 1, 4-26- 2005; Ord. No. 026542, § 1, 11-15-2005; Ord. No. 028141, § 1, 4-28-2009; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 031355, § 1, 1-30-2018) Sec. 55-152. - Drought management: Reservoir system stages. (a)The level of reservoir system severity determines the extent of potential water use restrictions that shall be implemented. Following are the levels of reservoir system in the form of stages: (1)Stage 1: Mild water shortage watch. (2)Stage 2: Moderate water shortage condition. (3)Stage 3: Critical water shortage condition. (4)Stage 4: Emergency water shortage condition. (b)Criteria for initiation and termination of reservoir system response stages: (1)The city manager, or designee, shall monitor water supply and/or demand conditions on a weekly basis and shall determine when conditions warrant initiation or termination of each stage, that is, when the specified "triggers" are reached. However, the city manager, in the exercise of the city manager's discretion, may initiate or terminate any stage when the city manager deems necessary at any particular time. (2)The triggering criterion to be monitored for determining reservoir system response stages is the combined reservoir storage levels of Choke Canyon Reservoir and Lake Corpus Christi. (3)Whenever any of the stages listed below are triggered, the city manager shall publish a public notice of the particular stage, in the daily newspaper of general circulation in Nueces County. (4)To the extent of city's legal authority, the city manager shall require the city's raw water and wholesale treated water customers to issue public notice advising their water customers of conservation and drought management activities consistent with the stages listed below. (c)The triggering criterions are as follows: (1)Stage 1 - Mild water shortage watch: Requirements for initiation - The combined storage level for Choke Canyon Reservoir and Lake Corpus Christi declines to below forty (40) per cent. Requirement for termination - Stage 1 of the plan may be rescinded when the combined storage level increases above fifty (50) per cent. (2)Stage 2 - Moderate water shortage condition: Requirements for initiation - The combined storage levels declines to below thirty (30) per cent. Requirement for termination - Stage 2 of the plan may be rescinded when the combined storage level increases above forty (40) per cent. Upon termination of Stage 2, Stage 1 becomes operative. (3)Stage 3 - Critical water shortage condition: Requirements for initiation - The combined storage levels of Choke Canyon Reservoir and Lake Corpus Christi declines to below twenty (20) per cent. Requirement for termination - Stage 3 of the plan may be rescinded when the combined storage level increases above thirty (30) per cent. Upon termination of Stage 3, Stage 2 becomes operative. (4)Stage 4 - Emergency water shortage condition: Requirements for initiation - When the city manager, or designee, determines that a water supply emergency exists based on: •A major water line breaks, or pump or system failures occur, which causes unprecedented loss of capability to provide water service; or •Water production or distribution system limitations; or •Natural or manmade contamination of the water supply source occurs. Requirement for termination - The emergency water shortage condition may be rescinded when the city manager, or designee, deems appropriate. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 1, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015; Ord. No. 031160, § 1, 5-30-2017; Ord. No. 031355, § 1, 1-30-2018) Sec. 55-153. - Drought management: Reservoir system best management practices per stage. (a)In order to achieve water use reductions, a series of best management practices will be enacted and enforced at each reservoir system stage. These best management practices (BMP) are listed below by stage. During Stages 1, 2, and 3, requests for exceptions may be presented to the director of water operations or his designee. (b)Stage 1 response - Mild water shortage watch. (1)Target: During Stage 1, achieve a ten (10) per cent reduction in daily treated water demand relative to treated water demand with the water use restrictions below. (2) The best management practices for supply management: The city will also do the following during Stage 1: a. Use more repair crews if necessary to allow for a quicker response time for water-line leak repair; and b. City crews (water and other departments) begin monitoring customers' compliance with Stage 1 restrictions during the course of their daily rounds. (3) The following water use restrictions shall apply to all persons during Stage 1: a. Irrigation of landscaped areas with hose-end sprinklers or automatic irrigation systems shall be limited to once per week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day in accordance with drought contingency plan. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand- held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the director of water operations or his designee for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system must apply for a permit from the city water department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b. Use of water from hydrants shall be limited to firefighting, related activities, or other activities necessary to maintain public health, safety and welfare, except that use of water from designated fire hydrants for construction purposes may be allowed under special permit from the City of Corpus Christi Water Department. c. Use of water for the irrigation of golf course greens, tees, and fairways is prohibited except on designated watering days. However, if the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure, the facility shall not be subject to these regulations. d. The use of water to maintain integrity of building foundations is permitted on any day at any time only by use of hand-held hose or drip irrigation. e. Except for immediate fire protection or flushing of water lines, the use of water from a hydrant is only allowed with a permit granted by the director of water operation or his designee and a construction meter obtained from the utility business office. (c) Stage 2 response - Moderate water shortage conditions . (1) Target: During Stage 2, achieve a fifteen (15) per cent reduction in total daily treated water demand relative to treated water demand with the water use restrictions below. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 1, the city will also do the following during Stage 2: a. Eliminate the flushing of water mains unless required for decontamination and/or public safety; and b. Review customers' water usage for compliance based on the previous month's water use and notify violators verbally or in writing as the situation dictates. (3) Water use restrictions for demand reduction: All requirements of Stage 1 shall remain in effect during Stage 2 except as modified below: a.Irrigation of landscaped areas shall be limited to once every other week. The watering schedule will be determined by the city manager or designee. Customers will be made aware of their designated watering day. However, irrigation of landscaped areas is permitted on any day if it is by means of a hand-held hose (with positive shutoff nozzle), a faucet filled bucket or watering can of five (5) gallons or less, or drip irrigation system with a positive shutoff device. Exceptions for this restriction may be permitted, upon review and approval by the director of water operations or his designee, for the following uses: new plantings (for up to sixty (60) days), vegetable gardens, athletic playing fields, and botanical gardens. In addition, this restriction does not apply to customers irrigating with well water or an aerobic septic system. Customers irrigating with well water or an aerobic septic system shall still apply for a permit from the city water department to be prominently posted on the premises within two (2) feet of the street number located on the premises. b.The watering of golf course fairways with potable water is prohibited. The watering of greens and tees are limited to once every other week unless the golf course utilizes a water source other than that provided through City of Corpus Christi Water Department infrastructure or done by means of hand-held hoses, hand-held buckets, or drip irrigation. (4)During Stage 2, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: a.For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (d)Stage 3 response - Critical water shortage conditions. (1)Target: During Stage 3, achieve a thirty (30) per cent or greater reduction in daily treated water demand relative to treated water demand with the water use restrictions below. An additional surcharge will be added to each utility bill during Stage 3 water shortage conditions to discourage discretionary water use, as described in section 55-154 for retail customers and section 55-159 for wholesale customers. (2)Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 2, the city will also do the following during Stage 3: •Upon written notice, disconnect the water meters of willful violators if absolutely necessary to prevent the deliberate wasting of water. (3)Water use restrictions for demand reduction: All requirements of Stages 1 and 2 shall remain in effect during Stage 3 except as modified below: a.Irrigation of landscaped areas shall be prohibited at all times. b.Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle not occurring on the premises of a commercial car wash and not in the immediate interest of public health, safety, and welfare is prohibited. c.The filling, refilling, or adding of water to swimming pools, wading pools, and jacuzzi-type pools, and water parks (unless utilizing water from a non-city alternative source) is prohibited. d.The use of water to maintain the integrity of a building foundation is still permitted on the designated Stage 2 watering day and shall be done by hand or drip irrigation method. e.All fountains shall only operate to circulate water in order to maintain equipment. f.The use of water for construction purposes from designated fire hydrants with a special permit will continue with a ten (10) per cent surcharge added to the water rate. (4)During Stage 3, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: a. No application for new, additional, expanded, or increased-in-size water service connections, meters, service lines, pipeline extensions, mains, or water service facilities of any kind shall be approved, and time limits for approval of such applications are hereby suspended for such time as this drought response stage shall be in effect. b. For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (e) Stage 4 response - Emergency water shortage conditions. (1) Target: During Stage 4, achieve a fifty (50) per cent or greater reduction in daily treated water demand relative to treated water demand with the below water use restrictions. Surcharges and reduced allocations are enforceable during Stage 4 water shortage conditions, as described in section 55-154. During emergency conditions such as system outage, supply source contamination, or supply sources draining empty, alternative water sources and/or alternative delivery mechanisms may be necessary with prior approval of the city manager. For emergency water shortage conditions associated with contamination of Nueces Basin stored supplies, the city, under the city manager's direction, will cease pumping from the Nueces River and will contact the LNRA to identify additional, temporary water that may be available from Lake Texana on a short-term basis to meet essential water needs. For emergency water shortage conditions associated with contamination of Lake Texana supplies, the city, under the city manager's direction, will cease pumping from the Mary Rhodes Pipeline. (2) Best management practices for supply management: In addition to the best management practices for supply management listed under Stage 3, the city will also do the following: • Call the ten (10) largest water customers in the area affected by the emergency condition, and if necessary, use runners in key areas to begin spreading the message of a major outage. (3) Water use restrictions for demand reduction: During Stage 4, all requirements of Stages 1, 2, and 3 shall remain in effect except as modified below: a. Irrigation of landscaped areas is absolutely prohibited. b. Use of water to wash any motor vehicle, motorbike, boat, trailer, or other vehicle is absolutely prohibited. c. Associated uses of water not related to business process which are discretionary, such as equipment washing, shall be deferred until the Stage 5 emergency has been terminated. (4) During Stage 4, the following measures are optional water use restrictions that may be implemented by the city manager, or designee, with city council approval, as conditions warrant: For residential and multi-unit customers, a drought surcharge of up to and including one hundred (100) per cent of the total monthly water bill over the monthly allocation may be added to the customers' bill to deter discretionary water use. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 2, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 030545, § 1, 7-14-2015; Ord. No. 031160, § 1, 5-30-2017; Ord. No. 031355, § 1, 1-30-2018) Sec. 55-154. - Surcharges for reservoir system stages 2, 3 and 4, and service measures. (a) General. (1)The surcharges established herein are solely intended to regulate and deter the use of water during a period of serious drought in order to achieve necessary water conservation. The city council expressly finds that the drought poses a serious and immediate threat to the public and economic health and general welfare of this community, and that the surcharges and other measures adopted herein are essential to protect said public health and welfare. (2)This section, and the surcharges and measures adopted herein are an exercise of the city's regulatory and police power, and the surcharges and connection fees are conservation rates intended to meet fixed costs as a result of lost revenue. (3)With city council approval, the city manager or designee is authorized to determine trigger points and surcharges during Stages 2, 3 and 4 emergency water shortage conditions. (4)In this section, institutional customer means city utility customer which operates as a not-for- profit entity. (5)A customer may appeal an allocation or drought surcharge triggering point established under this section to the director of water operations or his designee on grounds of unnecessary hardship through the process outlined in section 55-155. (6)Reservoir system surcharge funds will first be applied towards annual debt service payments and operating and maintenance expenses of the water department as reflected in the city operating budget to offset revenue loss due to drought conditions. Additional funds will be reported to city council for city council direction. (b)Residential water customers, who are not billed through a master water meter. (1)A monthly base amount of three thousand (3,000) gallons shall be established as a trigger point for each customer. Water consumption up to and including this amount will not include a drought surcharge. (2)Above the three thousand (3,000) gallon monthly consumption trigger point, with city council approval, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (c)Residential customers who are billed from a master water meter. (1)Once Stage 1 condition has been declared, property managers of multi-tenant units shall notify the city director of water operations of number of residential units in their facility for determination of allocations. Until so notified, the city shall calculate the allocation based on two (2) residential units per master water meter. A monthly base amount of three thousand (3,000) gallons shall be established as a trigger point for each residential unit. (2)When consumption for the month is less than or equal to three thousand (3,000) gallons times the number of residential units, there will be no surcharge. (3)With city council approval, when consumption is above the three thousand (3,000) gallons times the number of units, a drought surcharge shall be added up to and including one hundred (100) per cent of the customer's total monthly water bill over the allocation. (d)Commercial or institutional customer. (1)A monthly water usage allocation shall be established by the city manager or designee for each commercial or institutional customer. (2)Method of establishing allocation: a.When the combined reservoir capacity is less than twenty (20) per cent of total capacity (Stage 3), the commercial or institutional customer's allocation shall be ninety (90) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 1 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly average for the period for which there is a record shall be used for any monthly period for which no history exists. c. Provided, however, a customer, ninety (90) per cent of whose monthly usage is less than six thousand (6,000) gallons, shall be allocated six thousand (6,000) gallons. d. The city manager shall give best effort to see that notice of each commercial or institutional customer's allocation is mailed to such customer. e. If, however, the customer does not receive such notice, it shall be the customer's responsibility to contact the city' utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. f. Upon request of the customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager: 1. If one (1) nonresidential customer agrees to transfer part of its allocation to another nonresidential customer; or 2. If other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (e) Industrial customers, who use less than one hundred thousand (100,000) gallons of water per day for processing. (1) A monthly water usage allocation shall be established by the city manager or designee for each industrial customer, which uses less than one hundred thousand (100,000) gallons of water per day for processing (e.g., an industrial customer). (2) Method of establishing allocation. a. When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is less than twenty (20) per cent of total capacity (Stage 3), the industrial customer allocation shall be ninety (90) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 1 condition. b. If the customer's billing history is shorter than twelve (12) months, the monthly allocation shall be one-twelfth of ninety (90) per cent of the customer's maximum annual contracted amount until twelve (12) months of billing history are established. However, if the industrial customer does not have a water contract and does not have at least twelve (12) months of billing history, then the new industrial customer will provide data regarding expected water use and city will determine allocation based on ninety (90) per cent of expected use to determine initial allocation until twelve (12) months of billing history are established. c. The city manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the city utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3.The customer has shut down or significantly reduced the production of a major processing unit. 4.The customer has previously implemented significant permanent water conservation measures. 5.The customer agrees to transfer part of its allocation to another industrial customer. 6.Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (f)Commercial customers, institutional customers, and industrial customers who use less than one hundred thousand (100,000) gallons of water per day for processing shall pay the following reservoir system surcharges: (1)Customers whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons per month: a.Five dollars ($5.00) per one thousand (1,000) gallons for the first one thousand (1,000) gallons over allocation. b.Eight dollars ($8.00) per one thousand (1,000) gallons for the second one thousand (1,000) gallons over allocation. c.Sixteen dollars ($16.00) per one thousand (1,000) gallons for the third one thousand (1,000) gallons over allocation. d.Forty dollars ($40.00) for each additional one thousand (1,000) gallons over allocation. (2)Customers whose allocation is twenty-one thousand (21,000) gallons per month or more: a.One (1) times the block rate for each one thousand (1,000) gallons in excess of the allocation up through five (5) per cent above allocation. b.Three (3) times the block rate for each one thousand (1,000) gallons from five (5) per cent through ten (10) per cent above allocation. c.Five (5) times the block rate for each one thousand (1,000) gallons from ten (10) per cent through fifteen (15) per cent above allocation. d.Ten (10) times the block rate for each one thousand (1,000) gallons more than fifteen (15) per cent above allocation. e.The surcharges shall be cumulative. f.As used herein, "block rate" means the charge to the customer per one thousand (1,000) gallons at the regular water rate schedule at the level of the customer's allocation. (g)Industrial customers, who use one hundred thousand (100,000) gallons or more of water per day for processing. (1)A monthly water usage allocation shall be established by the city manager or designee for each industrial customer, which uses water for processing (e.g., an industrial customer). (2)Method of establishing allocation. a.When the combined reservoir capacity of Choke Canyon Reservoir and Lake Corpus Christi is less than thirty (30) per cent of total capacity (Stage 2), the industrial customer allocation shall be eighty (80) per cent of the customer's usage for the corresponding month's billing period during the previous twelve (12) months prior to the implementation of Stage 1 condition. b.If the customer's billing history is shorter than twelve (12) months, the monthly allocation shall be one-twelfth of eighty (80) per cent of the customer's maximum annual contracted amount until twelve (12) months of billing history are established. However, if the industrial customer does not have a water contract and does not have at least twelve (12) months of billing history, then the new industrial customer will provide data regarding expected water use and city will determine allocation based on eighty (80) per cent of expected use to determine initial allocation until twelve (12) months of billing history are established. c. The city manager shall give his best effort to see that notice of each industrial customer's allocation is mailed to such customer. d. If, however, the industrial customer does not receive such notice, it shall be the customer's responsibility to contact the city utilities billing office to determine the allocation, and the allocation shall be fully effective notwithstanding lack of receipt of written notice. e. Upon request of the industrial customer or at the initiative of the city manager, the allocation may be reduced or increased by the city manager, if: 1. The designated period does not accurately reflect the customer's normal water usage because customer had to shut down a major processing unit for overhaul during the period. 2. The customer has added or is in the process of adding significant additional processing capacity. 3. The customer has shut down or significantly reduced the production of a major processing unit. 4. The customer has previously implemented significant permanent water conservation measures. 5. The customer agrees to transfer part of its allocation to another industrial customer. 6. Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. (h) Industrial customers using one hundred thousand (100,000) gallons or more of water per day for processing shall pay the following drought surcharges: (1) Customers whose allocation is eighty thousand (80,000) gallons per month or more: a. Three (3) times the block rate for each one thousand (1,000) gallons in excess of the allocation up through five (5) per cent above allocation. b. Six (6) times the block rate for each one thousand (1,000) gallons from five (5) per cent through ten (10) per cent above allocation. c. Nine (9) times the block rate for each one thousand (1,000) gallons from ten (10) per cent through fifteen (15) per cent above allocation. d. Twelve (12) times the block rate for each one thousand (1,000) gallons more than fifteen (15) per cent above allocation. e. The surcharges shall be cumulative. f. As used herein, "block rate" means the charge to the customer per one thousand (1,000) gallons at the regular water rate schedule at the level of the customer's allocation. (i) Nonresidential customer is billed from a master meter. (1) When a nonresidential customer is billed from a master meter which jointly measures water to multiple residential dwelling units (for example: apartments, mobile homes), the customer may pass along any surcharges assessed under this plan to the tenants or occupants, provided that: a. The customer notifies each tenant in writing: 1. That the surcharge will be passed along. 2. How the surcharge will be apportioned. 3. That the landlord must be notified immediately of any plumbing leaks. 4. Methods to conserve water (which shall be obtained from the city). b. The customer diligently maintains the plumbing system to prevent leaks. c. The customer installs water saving devices and measures (ideas for which are available from the city) to the extent reasonable and practical under the circumstances. (j) For residential customers, the following measures come into effect after city council approves a drought rate surcharge; for nonresidential customers, these measures come into effect at Stage 3. Water service to the customer may be terminated under the following conditions: (1) Monthly residential water usage exceeds trigger point by four thousand (4,000) gallons or more two (2) or more times (which need not be consecutive months). (2) Monthly water usage on a master meter which jointly measures water usage to multiple residential dwelling units exceeds trigger point by four thousand (4,000) gallons times the number of dwelling units or more two (2) or more times (which need not be consecutive months). (3) Monthly nonresidential water usage for a customer whose allocation is six thousand (6,000) gallons through twenty thousand (20,000) gallons exceeds its allocation by seven thousand (7,000) gallons or more two (2) or more times (which need not be consecutive months). (4) Monthly nonresidential water usage for a customer whose allocation is twenty-one thousand (21,000) gallons or more exceeds its allocation by fifteen (15) per cent or more two (2) or more times (which need not be consecutive months). (5) For residential customers and nonresidential customers, after the first disconnection, water service shall be restored upon request for a fee of fifty dollars ($50.00). (6) For such customers, after the second disconnection, water service shall be restored within twenty-four (24) hours of the request for a fee of five hundred dollars ($500.00). (7) If water service is disconnected a third time for such customer, water service shall not be restored until the city re-enters a level of water conservation less than Stage 2. For master meter customers, the service restoration fees shall be the same as above times the number of dwelling units. (8) The city manager is directed to institute written guidelines for disconnection of water service under this provision, which will satisfy minimum due process requirements, if any. (k) It shall be a defense to imposition of a surcharge hereunder, or to termination of service, that water used over allocation resulted from loss of water through no fault of the customer (for example, a major water line break) for the following conditions: (1) The customer shall have the burden to prove such defense by objective evidence (for example, a written certification of the circumstances by a plumber). (2) A sworn statement may be required of the customer. (3) This defense shall not apply if the customer failed to take reasonable steps for upkeep of the plumbing system, failed to reasonably inspect the system and discover the leak, failed to take immediate steps to correct the leak after discovered, or was in any other way negligent in causing or permitting the loss of water. (l) When this section refers to allocation or water usage periods as "month," monthly," "billing period," and the like, such references shall mean the period in the city's ordinary billing cycle which commences with the reading of a meter one (1) month and commences with the next reading of that meter which is usually the next month. (1) The goal for the length of such period is thirty (30) days, but a variance of two (2) days, more or less, will necessarily exist as to particular meters. (2) If the meter reader system is prevented from timely reading a meter by any obstacle which is attributable to the customer, the original allocation shall apply to the longer period without modification. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013; Ord. No. 031355, § 1, 1-30-2018; Ord. No. 031533, § 2, 9-11-2018) Sec. 55-155. - Requests for exemptions and variances. (a) The director of water operations or his designee, may, in writing, grant a temporary variance to any of the provisions for water users found in this article XII upon determination that failure to grant such variance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance. (b) A person requesting an exemption or variance from the provisions of this article shall file request on city-provided application for exemption/variance with the city water department within five (5) days after a particular reservoir system response stage has been invoked. All request forms shall be reviewed by the director of water operations or his designee, and shall include the following: (1) Name and address of the water user(s). (2) Purpose of water use. (3) Specific provision(s) of the ordinance from which the water user is requesting relief. (4) Detailed statement as to how the specific provision of the ordinance adversely affects the water user or what damage or harm will occur to the water user or others if water user complies with this plan. (5) Description of the exemption or variance requested. (6) Period of time for which the exemption or variance is sought. (7) Alternative water use restrictions or other measures the water user is taking or proposes to take to meet the intent of this plan and the compliance date. (8) Other pertinent information; or as required on permit application. (c) No exemption nor variance shall be retroactive or otherwise justify any violation of this article occurring prior to the issuance of the exemption/variance. (d) All requests for variances/exemptions shall be reviewed and determined within three (3) business days of receipt of complete application. (e) The director of water operations or his designee shall consider requests of water users for special consideration to be given as to their respective particular circumstances and is hereby authorized to, in special cases, grant such variance from the terms of this plan if such compliance would cause an emergency condition adversely affecting the public health, sanitation, or fire protection for the public or person requesting such a variance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of this plan will result in unnecessary hardship, and so that the spirit of this plan shall be observed and substantial justice done. (f) Should a permit for special exception be granted, it shall be in effect from the time of granting through the termination of the then current stage, unless revoked by the director of water operations for noncompliance; provided, that the permit is prominently posted on the premises within two (2) feet of the street number located on the premises. (g) A person denied request for permit or exception from these rules may appeal the decision to the assistant city manager for public works, utilities and transportation by submitting written request for appeal to the assistant city manager within five (5) business days from issuance of denial. The decision of the assistant city manager shall be final. (h)Violations of any permit condition may be enforced under section 55-156. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 3, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013; Ord. No. 031355, § 1, 1-30-2018) Sec. 55-156. - Violations, penalties, and enforcement. (a)A violation under this article is a class C misdemeanor. Any person that violates any provision of this article shall be subject to a fine of not more than five hundred dollars ($500.00) per violation per day. The culpable mental state required by V.T.C.A., Penal Code § 6.02 is specifically negated and dispensed with and a violation of this article is a strict liability offense. (b)The commission of a violation of each provision, and each separate violation thereof, shall be deemed a separate offense, in and upon conviction thereof, shall be fined as hereinabove provided. (c)If any person or a second person in the same household or premises, is found guilty of a second violation of this article, the water superintendent shall be authorized to discontinue water service to the premises where such violation occurs. (d)Cases filed under this section shall be expedited and given preferential setting in municipal court before all other cases. (e)Any person whose name is on file with the utilities billing office as the customer on the water account for the property where the violation occurs or originates shall be presumed to be the violator, and proof that the violation occurred on said premises shall constitute prima facie evidence that the customer committed the violation, but said customer shall have the right to show that he did not commit the violation. (f)If any person fails to respond to a citation or summons issued for a violation of this article within the time allowed, upon receipt of notice from the director or a judge of the municipal courts, the water superintendent is authorized to discontinue water service to the premises where such violation occurs. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-157. - Effluent distribution; permit and regulations. (a)Upon implementation of the City of Corpus Christi Water Conservation Plan as provided in this section, the city may make available effluent water discharged from its sewage treatment plants for the purpose of watering lawns, grass, and other plants, dust control and similar uses. (1)Such effluent water shall be made available only under the terms and conditions herein provided and only to such persons as are duly permitted as distributors as provided in this section. (2)The city shall be under no obligation to provide such effluent and reserves the right to discontinue such service at any time and to limit the volume and to establish or alter loading procedures and/or locations as necessary for the efficient administration of the wastewater division. (b)No effluent distribution permit shall be issued except upon application filed with the wastewater division of the city. Every such application shall contain the following information: (1)Name of applicant. (2)Name of authorized representative (e.g., president of corporation; partner, etc.) if applicant is other than an individual. (3) Business address and phone number. (4) Residence address and phone number of authorized individual representative. (5) Description of each vehicle and container unit to be used in the transportation or distribution of effluent water, including the make, year, model, type, weight and gross vehicle weight, container capacity in gallons, vehicle registration number, and the state safety inspection certificate number and expiration date. (6) Names and driver's license number of every proposed driver of such vehicles. (7) Statement of previous use of container units and any proposed use after or concurrently with such units use for effluent distribution. (8) Statement of the proposed uses of any effluent water, including whether the use is proposed for residential, commercial, or industrial purpose. (c) Upon the filing of the required application, and payment of the permit fee specified herein for each container unit, the wastewater superintendent, or the superintendent's designee, shall upon his determination that the applicant and vehicles and container units are in compliance with all applicable provisions of this article, issue a permit for each such container unit. (1) The permit shall identify the particular unit for which it is issued and shall be displayed in a prominent place upon the unit. (2) Each unit shall be separately permitted. (d) The permit fee shall be fifty dollars ($50.00) per month for each unit plus five dollars ($5.00) per month for each unit per one thousand (1,000) gallons of capacity (or portion thereof) over the first one thousand (1,000) gallons of capacity. (e) Permits shall be issued on a quarterly basis from the effective date of this plan; fee proration shall be on a monthly basis. (f) Notwithstanding subsection (g) of this section, a resident of the City of Corpus Christi may obtain effluent at no charge from a wastewater treatment plant, designated by the wastewater superintendent, for the irrigation of vegetation, dust control, or watering a foundation at the individual's personal residence. (1) Any effluent received under this subsection may not be sold or transferred to another individual or used for commercial purposes. a. Before receiving effluent the resident must obtain a permit from the wastewater superintendent, or the superintendent's designee. b. Prior to receiving a permit, the resident must complete a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. c. Any container used to receive and transport effluent must have a lid or cap, be watertight, and be properly secured to the vehicle. d. All containers are subject to inspection and approval of the city health department or wastewater department. e. Any effluent received under this subsection must be immediately transported to the personal residence of the individual receiving the effluent and used for the irrigation of vegetation, dust control, or watering a foundation. f. The effluent may not be stored for future use. g. A resident using effluent for the irrigation of vegetation or dust control must post a sign on the property legible from the street stating that effluent is being used on the property. h. Every resident obtaining effluent under this subsection must either: 1. Provide proof of and maintain in force a property liability insurance policy (homeowner/renter) in the amount of three hundred thousand dollars ($300,000.00) per occurrence; or 2. Sign a form provided by the superintendent that releases the City of Corpus Christi from any liability resulting from the resident's improper use or transportation of the effluent and agree to hold the city harmless, including reimbursing the city for the costs of defending itself. (g) Every effluent distribution permit shall be subject to the following terms and conditions and no person shall receive or distribute effluent water except in compliance herewith: (1) Container units or tanks shall have a minimum capacity of five hundred (500) gallons; shall be capable of being closed water-tight and shall be so closed during transport of effluent water; and shall be maintained in a leak-proof condition; provided, however, that special permits may be issued for container units with a capacity of less than five hundred (500) gallons upon the determination by the wastewater division superintendent that all other container unit specifications herein required have been met and that the particular container unit does not create an increased risk to the public health and safety. (2) No vehicle may be used in connection herewith which has not been reported on the application and approved for such use. (3) Every driver or handler must be certified by the wastewater division prior to receiving any effluent water from the city. a. The wastewater division may certify a driver or handler who has completed a course of instruction on the handling of wastewater effluent that has been developed by the city's health department. (4) Effluent water shall be used as soon as possible to prevent regrowth of bacteria. a. Permittees shall check effluent water in their units not less than every four (4) hours for chlorine residual, except for effluent stored in fixed-site containers which shall be checked not less than every eight (8) hours. (5) Chlorine residuals shall be maintained at one (1) milligram per liter (parts per million) [one (1) mg/one (l) (ppm)], consistent throughout the effluent container. (6) The minimum quality of the effluent must not exceed conditions on the use of effluent set out in any permits or authorizations issued to the city by a federal or state regulatory agency or the applicable regulations of a federal or state regulatory agency. (7) Effluent containers, including those used for storage, shall be subject to inspection and approval of the city health department or wastewater division, whose inspectors are hereby authorized to prohibit the use of any container or effluent water which is determined to be outside the parameters established in this section or is otherwise determined to present a danger to public health. (8) Every permittee shall provide proof of, and shall maintain in force, a policy of comprehensive general liability insurance in the amount specified by the city's risk manager under section 17- 19; or shall maintain a policy of general business liability insurance in the same or greater amount with a contractual liability endorsement; and shall maintain a policy of automobile liability insurance in the minimum amounts set by state law. The city shall be named as an additional insured on the general liability insurance policies. (9) By acceptance of a permit under this section and/or receipt of effluent water from the city system, the permittee and/or recipient of such effluent agree to fully indemnify, save and hold harmless, the City of Corpus Christi, Texas, its agents and employees, from and against all claims and actions, and all expenses incidental to the investigation and defense thereof, based upon or arising out of damages or injuries to person or property in any way related to or in connection with the use or distribution of effluent water under this section. (10) Permittees shall provide a written notice to every person to whom effluent is furnished which shall state in not less than 10-point type, substantially as follows: "CAUTION" "You are hereby advised that effluent water is the discharged water from a sewage treatment plant. The Director of Public Health has determined that improper use or handling could be harmful and recommends the following precautions: 1. Do not use effluent water for drinking, bathing, or personal hygiene purposes. 2. Do not use effluent water for washing autos, clothes, or other personal contact items. 3. Do not use effluent water in swimming pools or for similar recreational uses. 4. Do not allow children to play on grass wet with effluent water, wait until it dries. 5. Do not use effluent which has been stored for more than four (4) hours unless the chlorine residual level has been tested and is not less than one (1) part per million [one (1) mg/one (1)(p.m.)]. 6. Application of effluent shall be by coarse stream and shall not be by fine spray." (h) Violation of any of the cautions set forth in subsection (g)(10) of this section, by any person, is a violation of this section. (i) Violation of any of the provisions of this section, in addition to the general penalties provided in this particle, shall result in denial or revocation of any such violator's effluent distribution permit. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001) Editor's note— Formerly numbered § 55-158. Sec. 55-158. - Operations plan for reservoir system. To maximize the amount of water reliably available to the city and its water customers, the city manager shall operate the Lake Corpus Christi/Choke Canyon Reservoir System as follows: (1) A minimum of two thousand (2,000) acre-feet per month will be released from Choke Canyon Reservoir to meet conditions of the release agreement between the City of Corpus Christi and the Texas Parks and Wildlife Department. (2) In order to provide maximum dependable yield from the two (2) reservoirs, the water level in Lake Corpus Christi will be allowed to drop to elevation seventy-four (74) feet before water is released from Choke Canyon Reservoir in excess of the two thousand (2,000) acre-feet per month requirement. (3) Under the agreed order of the Texas Natural Resource Conservation Commission under Certificate of Adjudication No. 21-3214, city shall: (1) reduce targeted inflows of water to Nueces Bay to one thousand two hundred (1,200) acre-feet when reservoir system storage falls below forty (40) per cent of capacity; and (2) suspend targeted inflows when reservoir system storage falls below thirty (30) per cent of capacity. (Ord. No. 24396, § 1, 3-20-2001; Ord. No. 24576, § 4, 9-11-2001; Ord. No. 029846, § 3, 5-28- 2013; Ord. No. 029946, § 1, 9-10-2013) Sec. 55-159. - Procedures for allocating water to raw water and wholesale treated water customers on a pro rata basis during a water shortage. (a)In the event that the triggering criterion specified in section 55-152 for Stage 2 have been met, the city manager, or designee, is hereby authorized to initiate allocation preparations of water supplies on a pro rata basis to raw water and wholesale treated water customers in accordance with V.T.C.A., Water Code § 11.039. (1)A raw water or wholesale treated water customer's monthly allocation shall be a percentage of the customer's water usage baseline. The percentage will be set by resolution of the city council based on the city manager's assessment of the severity of the water shortage condition and the need to curtail water diversions and deliveries, and may be adjusted periodically by resolution of the city council as conditions warrant. Once pro rata allocation is in effect, water diversions by or deliveries to each raw water or wholesale treated water customer shall be limited to the allocation established for each month. (2)A monthly water usage allocation shall be established by the city manager, or the city manager's designee, for each raw water or wholesale treated water customer. The raw water or wholesale treated water customer's water usage baseline will be computed on the average water usage by month for the previous five-year period. If the raw water or wholesale treated water customer's billing history is less than five (5) years, the monthly average for the period for which there is a record shall be used for any monthly period for which no billing history exists. (3)The city manager shall provide notice, by certified mail, to each raw water or wholesale treated water customer informing them of their monthly water usage allocations and shall notify the news media and the Executive Director of the Texas Commission on Environmental Quality upon initiation of pro rata water allocation. (4)Upon request of the raw water or wholesale treated water customer or at the initiative of the city manager, the allocation may be reduced or increased if: a.The designated period does not accurately reflect the raw water or wholesale treated water customer's normal water usage; b.The customer agrees to transfer part of its allocation to another raw water or wholesale treated water customer; or c.Other objective evidence demonstrates that the designated allocation is inaccurate under present conditions. A customer may appeal an allocation established under this section to the City Council of the City of Corpus Christi. (b)Pro rata surcharges and enforcement. (1)During any period when pro rata allocation of available water supplies is in effect, wholesale customers shall pay the following surcharges on excess water diversions: a.Two (2.0) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation up through five (5) per cent above the monthly allocation. b.Two and one-half (2.5) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from five (5) per cent through ten (10) per cent above the monthly allocation. c.Three (3.0) times the normal water charge per unit for water diversions and/or deliveries in excess of the monthly allocation from ten (10) per cent through fifteen (15) per cent above the monthly allocation. d.Three and one-half (3.5) times the normal water charge per unit for water diversions and/or deliveries more than fifteen (15) per cent above the monthly allocation. (c)Variances. (1)The city manager, or the city manager's designee, may, in writing, grant a temporary variance to the pro rata water allocation policies provided by this section if it is determined that failure to grant such variance would cause an emergency condition adversely affecting the public health, welfare, or safety, and if one (1) or more of the following conditions are met: a.Compliance cannot be technically accomplished during the duration of the water supply shortage or other condition for which the plan is in effect. b.Alternative methods can be implemented which will achieve the same level of reduction in water use. (2)Raw water or wholesale treated water customers requesting an exemption from the provisions of this section shall file a petition for variance with the city manager within five (5) days after pro rata allocation has been invoked. (3)All petitions for variances shall be reviewed by the city council, and shall include the following: a.Name and address of the petitioner(s). b.Detailed statement with supporting data and information as to how the pro rata allocation of water under the policies and procedures established in this section adversely affects the petitioner or what damage or harm will occur to the petitioner or others if petitioner complies with this section. c.Description of the relief requested. d.Period of time for which the variance is sought. e.Alternative measures the petitioner is taking or proposes to take to meet the intent of this section and the compliance date. f.Other pertinent information. (4)Variances granted by the city council shall be subject to the following conditions, unless waived or modified by the city council: a.Variances granted shall include a timetable for compliance. b.Variances granted shall expire when the pro-rata allocation of water to raw water or wholesale treated water customers is no longer in effect, unless the petitioner has failed to meet specified requirements. c.No variance shall be retroactive or otherwise justify any violation of this section occurring prior to the issuance of the variance. (d)Contractual remedies not affected. Nothing in this section supersedes any remedies available to the city under any contract with a raw water or wholesale treated water customer due to the customer's failure to adopt or impose water conservation measures required by the contract. (Ord. No. 24605, § 1, 10-9-2001; Ord. No. 029846, § 3, 5-28-2013; Ord. No. 029946, § 1, 9-10- 2013; Ord. No. 031355, § 1, 1-30-2018) Editor's note— Formerly numbered § 55-159.1. Sec. 55-159.1. - Non-mandatory drought surcharge exemption fee. (a)Establishment of non-mandatory "drought surcharge exemption fee" effective October 1, 2018. Large-volume industrial customers may voluntarily pay a non-mandatory and non-refundable" drought surcharge exemption fee" or "fee" of twenty-five cents ($0.25) per one thousand (1,000) gallons of water per month to be exempt from the applicable allocation surcharges of city Code section 55-154 during the month of billing. The city will begin to charge the fee as of October 1, 2018 to all large-volume industrial customers. The fee will be charged with the large-volume industrial customer's regular monthly water bill which is due as stated on the bill. By payment of the fee, the large-volume industrial customer has determined that the fee is fair, just, and reasonable. Note— For purposes of this section 55-159.1 the term "large-volume industrial customer" shall mean a utility customer who uses water in minimum quantity of one hundred thousand (100,000) gallons a day in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value, including the development of power by means other than hydroelectric, but does not include agricultural use. (b) Notice of opt-out. A large-volume industrial customer may opt out of the drought surcharge exemption fee (or "fee") by providing written notice to the city manager. A large-volume industrial customer is deemed to have opted out of the fee as of the date payment of the fee remains delinquent after notice and opportunity to cure. A large-volume industrial customer who has opted out of said fee is subject to aforementioned allocation surcharges of city Code section 55-154 in addition to compliance with all applicable city ordinances. (c) Request to opt back into the drought surcharge exemption fee or "fee". There is no right nor entitlement to opt back into the fee. The city manager or designee retains sole discretion to determine whether granting large-volume industrial customer's request to opt back into the fee is in the best interest of the city. At a minimum, the large-volume industrial customer will be required to comply with the following mandatory conditions: (1) The large-volume industrial customer must submit a written request to the city manager to request to opt back into the drought surcharge exemption fee subject to city manager review. (2) Upon receipt of invoice, the large-volume industrial customer must timely pay the drought surcharge exemption fees calculated on said customer's actual water usage from date of city's receipt of written request back to said customer's date of opt out, up to a maximum of ten (10) years. (3) The large-volume industrial customer remains subject to compliance with the aforementioned allocation surcharge provisions of the city Code as may be amended and all other applicable ordinances, rules and regulations of the city for the mandatory reinstatement period of twenty- four (24) months. The mandatory reinstatement period begins upon date of notice from the city to said customer and continues for twenty-four (24) consecutive calendar months. During the reinstatement period, the large-volume industrial customer will timely pay a non-refundable reinstatement fee of twenty-five cents ($0.25) per one thousand (1,000) gallons of water upon receipt of invoice. By payment of said reinstatement fee, the large-volume industrial customer has determined that the fee is fair, just, and reasonable. (4) Despite compliance with these conditions, the large-volume industrial customer will not be allowed to opt back into the fee when the combined storage level of the Choke Canyon Reservoir and Lake Corpus Christi declines below forty (40) per cent. (d) Dedicated use of the drought surcharge exemption fees. (1) The fee shall be dedicated by the city for development of a drought-resistant water supply and shall not be used for operation and maintenance costs of any water supply, treatment facility or distribution system. (2) The fee paid to the city will be reserved in a separate account ("account") and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including, but not limited to, payment of debt for an allowable capital project. (3) The city manager may execute documents necessary for the establishment of a dedicated fund. (e) Review and adjustment of the drought surcharge exemption fee. The fee shall be reviewed and adjusted by city council action no more frequently than every five (5) years. Any subsequent fee increase is limited to increases based upon changes to the following Consumer Price Index: CPI-All Urban Consumers (Current Series) for water and sewer and trash collection services in U.S. city average, all urban consumers. (f)Participation by wholesale water suppliers. A wholesale water supplier with a water supply contract with the city may choose to establish an identical voluntary drought surcharge exemption fee and standard agreement for its large-volume industrial customers with said fee and agreement to be equivalent to the ordinance and standard agreement adopted by the City of Corpus Christi. Upon adoption of said identical voluntary drought surcharge exemption fee and standard agreement for its large-volume industrial customers, the wholesale water supplier shall assess and collect the fees from its large-volume industrial customers and then remit said fees to the city. In addition, the wholesale water supplier shall notify the city manager or designee of the volume of water used by its large-volume industrial customers each month. (g)The city manager may execute letters of commitment and standard agreements regarding payment and use of drought surcharge exemption fee with terms consistent with this section 55-159.1 (i.e., an "agreement"). The agreement may be terminated by the city upon five (5) years' notice to terminate the agreement. A copy of the standard agreement is attached as an exhibit to the ordinance which enacted this section 55-159.1. The city manager is authorized to adjust the terms of the standard agreement as long as said adjustments are consistent with the terms of this section 55-159.1 and said adjustment is made available to all large-volume industrial customers participating in the drought surcharge exemption fee. (h)The drought surcharge exemption fee established by this section 55-159.1 continues to be billed and paid except during periods when the balance in the account exceeds one hundred fifty million dollars ($150,000,000.00), to be adjusted annually for inflation by the following Consumer Price Index: CPI-All Urban Consumers (Current Series) for water and sewer and trash collection services in U.S. city average, all urban consumers. While balance exceeds one hundred fifty million dollars ($150,000,000.00) the city will cease billing and collection of the fee and the large-volume industrial customer remains exempt from the allocation surcharges. (i)The city may repeal this section 55-159.1 upon at least five (5) years' notice to the then participating large-volume industrial customers and participating wholesale water suppliers. (j)Upon city's repeal of this section 55-159.1 or city's termination of the agreement, any unencumbered balance remaining in the account will be returned to the then-participating large-volume industrial customers and then-participating wholesale water suppliers on a pro-rata basis. (k)The large-volume industrial customer paying the drought surcharge exemption fee established by this section 159.1 is exempt from city curtailment of water during reservoir system Stages 1, 2, and 3, except when such curtailment is required by V.T.C.A., Water Code § 11.039 or required by other applicable state laws and state regulations. (Ord. No. 031533, § 3, 9-11-2018) Appendix F This page was intentionally left blank Prepared by: Freese and Nichols, Inc. 4055 International Plaza Suite 200 Fort Worth, TX 76109 817-735-7300 CITY OF CORPUS CHRISTI MODEL INDUSTRIAL WATER CONSERVATION PLAN 2020 FOREWORD This Model Industrial Water Conservation Plan was prepared by Freese and Nichols for the City of Corpus Christi as an addendum to the 2019 Water Conservation Plan. It is intended as a model water conservation plan for industrial customers highlighting best management practices that could be implemented for those industrial customers who are required to submit individual water conservation plans to the Texas Commission on Environmental Quality (TCEQ). The Model Industrial Water Conservation Plan was prepared pursuant to TCEQ rules. The City of Corpus Christi has many industrial users with widely varying processes and water uses, and it is difficult to generate a model plan that is applicable for all industries. This model plan provides best managements practice that an industrial customer may implement to reduce water consumption. Questions regarding this Model Industrial Water Conservation Plan should be addressed to the following: Esteban Ramos Water Resource Manager City of Corpus Christi, Water Utilities Department (361) 826-3294 estebanr2@cctexas.com This Model Industrial Water Conservation Plan is based on the Texas Administrative Code in effect on October 16, 2019 and considers water conservation best management practices from the Texas Water Development Board’s Best Management Practices for Industrial Water Users. Currently, the Water Conservation Advisory Council (WCAC) is reviewing additional Best Management Practices (BMPs) for industrial water users. i TABLE OF CONTENTS 1. INTRODUCTION AND OBJECTIVES ............................................................................ 1-1 2. TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES ......................................... 2-1 3. DESCRIPTION OF WATER USE IN THE PRODUCTION PROCESS ........................................ 3-1 3.1 City of Corpus Christi Sources and Industrial Water Use Description ......... 3-1 3.2 Model Industrial Water Conservation Plan Description of Water use in the Production Process ...................................................................................................... 3-2 4. SPECIFICATION OF WATER CONSERVATION GOALS ..................................................... 4-1 4.1 City of Corpus Christi Water Conservation Plan Goals .............................. 4-1 4.2 Model Industrial Water Conservation Plan Specification of Water Conservation Goals ...................................................................................................... 4-1 5. ACCURATE METERING TO MEASURE AND ACCOUNT FOR WATER ................................... 5-1 5.1 City of Corpus Christi Metering to Measure and Account for Water ........... 5-1 5.2 Model Industrial Water Conservation Plan Metering to Measure and Account for Water 5-1 6. LEAK DETECTION, REPAIR, AND WATER LOSS ACCOUNTING .......................................... 6-1 6.1 City of Corpus Christi Leak Detection, Repair, and Water Loss Accounting. 6-1 6.2 Model Industrial Water Conservation Plan Metering to Measure and Account for Water 6-1 7. WATER USE EFFICIENCY PROCESS AND/OR EQUIPMENT UPGRADES ............................... 7-1 7.1 Model Industrial Water Conservation Plan Water Use Efficiency Process and/or Equipment Upgrades ......................................................................................... 7-1 8. OTHER CONSERVATION PRACTICES, METHODS, OR TECHNIQUES ................................... 8-1 8.1 Model Industrial Water Conservation Plan Other Conservation Practices, Methods or Techniques ................................................................................................ 8-1 9. IMPLEMENTATION AND UPDATE OF THE MODEL WATER CONSERVATION PLAN ............... 9-1 9.1 City of Corpus Christi Implementation and Update of the Model Water Conservation Plan ....................................................................................................... 9-1 9.2 Model Industrial Water Conservation Plan Implementation and Updates ... 9-1 APPENDICES APPENDIX A List of References APPENDIX B Texas Commission on Environmental Quality Rules on Industrial or Mining Use Water Conservation Plans • Texas Administrative Code Title 30, Part 1, Chapter 288, Subchapter A, Rule §288.3 APPENDIX C TCEQ Industrial Water Conservation Plan APPENDIX D Council Resolution Adopting the Model Industrial Water Conservation Plan APPENDIX E Letter to the Region N Water Planning Group 1-1 City of Corpus Christi Model Industrial Water Conservation Plan 2020 1. INTRODUCTION AND OBJECTIVES Water supply has always been a key issue in the development of Texas. In recent years, the increasing population and economic development in Corpus Christi have led to growing demands for water supplies. At the same time, local and less expensive sources of water supply are largely developed. Additional supplies to meet higher demands will be expensive and difficult to develop. It is therefore important that efficient use of existing supplies is emphasized to make them last as long as possible. Recognizing the need for efficient use of existing water supplies, the Texas Commission on Environmental Quality (TCEQ) has developed guidelines and requirements governing the development of water conservation plans for industrial or mining uses (Appendix B) 1. This Model Industrial Water Conservation Plan includes measures that are intended to result in ongoing, long-term water savings. Best management practices established by the Texas Water Development Board were also considered in the development of the water conservation measures2. This Model Industrial Water Conservation Plan addresses all of the elements required by TCEQ. Each industrial user should customize the details to match its unique situation. At a minimum, an industry’s conservation plan should include: • Setting five-year and ten-year goals for water use (Section 4). • Completing a water conservation implementation report (Section 9). • Adopting policies or regulations approving the model plan (Section 9). The final adopted version should be provided to the City of Corpus Christi and the TCEQ. The objectives of this model plan are: • To reduce water consumption from the level that would prevail without conservation efforts. • To reduce the loss and waste of water. • To improve efficiency in the use of water. • To document the level of recycling and reuse within the industrial processes and for non- potable uses. The model plan lists the TCEQ rules; describes industrial customers for the City of Corpus Christi; provides recommendations for setting conservation goals; describes water measurement devices and methods; discusses leak detection, repair, and water loss accounting; and reports existing and future water use efficiency practices. 1 Superscripted numbers match references listed in Appendix A. 2-1 2.TEXAS COMMISSION ON ENVIRONMENTAL QUALITY RULES The TCEQ rules governing development of water conservation plans for industrial or mining use are contained in Title 30, Part 1, Chapter 288, Subchapter A, Rule 288.3 of the Texas Administrative Code (TAC). Applicable TAC rules are presented in Appendix B. Holders of an existing permit, certified filing, or certificate of adjudication for the appropriation of surface water in the amount of 1,000 acre-feet a year or more for industrial uses must develop, submit, and implement a water conservation plan. A water conservation plan is defined as “A strategy or combination of strategies for reducing the volume of water withdrawn from a water supply source, for reducing the loss or waste of water, for maintaining or improving the efficiency in the use of water, for increasing the recycling and reuse of water, and for preventing the pollution of water. A water conservation plan may be a separate document identified as such or may be contained within another water management document(s)3.” Conservation Plan Requirements The minimum requirements in the TAC Title 30, Part 1, Chapter 288 for water conservation plans for industrial or mining uses are shown below. TAC Reference Subject Plan Location 30 TAC §288.3(a)(1) Water Use in the Production Process Section 3 30 TAC §288.3(a)(2) Water Conservation Goals Section 4 30 TAC §288.3(a)(3) Accurate Metering Section 5 30 TAC §288.3(a)(4) Leak Detection, Repair, and Water Loss Accounting Section 6 30 TAC §288.3(a)(5) Water Use Efficiency Process and/or Equipment Upgrades Section 7 30 TAC §288.3(a)(6) Other Conservation Practices Section 8 30 TAC §288.3(b) Review and Update of Plan Section 9 30 TAC §288.30(2) Water Conservation Implementation Report Section 9 TCEQ has also developed a Water Conservation Model Plan for Industrial Use4 which is available on their website that meets the requirements listed above. 3-1 3. DESCRIPTION OF WATER USE IN THE PRODUCTION PROCESS 3.1 City of Corpus Christi Water Sources and Industrial Water Use Description The City of Corpus Christi utilizes multiple sources from multiple river basins. Current sources include • Lake Corpus Christi via the Nueces River (Nueces River Basin) • Choke Canyon Reservoir via the Nueces River (Nueces River Basin) • Lake Texana via the Mary Rhodes Pipeline (Lavaca River Basin) • Colorado River via the Mary Rhodes Pipeline (Colorado River Basin) All the current sources are treated at the O.N. Stevens Water Treatment Plant before distribution Separating treated demand by customer class, industrial customers represent the highest demand. accounting for 49 percent of the total. Figure 3-1 below shows the 2019 water use percentage by customer class for the City of Corpus Christi. Figure 3-1: Water Use Percentage By Customer Class In 2019, there was approximately 110,217 treated water connections. These connections can be divided into the customer classes of residential, multi-family, commercial, industrial, wholesale, and institutional. Both institutional (1,307 connections) and industrial (31 connections) customers have so few connections that they constitute only a small percentage of the total connections. Residential Single-Family customers make up the largest percentage of connections with over 90 percent of the total. 32% 4% 15% 49% Residential Institutional Commercial Industrial 3-2 Table 3-1: Annual Water Use for the Five Highest Volume Retail Customers Customer Water Use Category Annual Water Use Gallons Valero Corporation Industrial 5,238,887,000 Citgo Corporation Industrial 1,359,335,000 Flint Hills Resources Industrial 1,191,964,548 Lyondell Besell Industrial 1,774,217,000 Corpus Christi Cogeneration Industrial 590,475,000 3.2 Model Industrial Water Conservation Plan Description of Water use in the Production Process [Insert a description of water use in the production process. Show a schematic of the production process with all water use locations and flowrates. This section must include a description of the use of the water in the production process, including how the water is diverted and transported from the source(s) of supply, how the water is utilized in the production process, and the estimated quantity of water consumed in the production process and therefore unavailable for reuse, discharge, or other means of disposal.] 4-1 4.SPECIFICATION OF WATER CONSERVATION GOALS 4.1 City of Corpus Christi Water Conservation Plan Goals The City of Corpus Christi has set five and ten-year goals in the 2019 Water Conservation Plan as shown in Table 4-1. Reducing water consumption at industrial facilities will help to achieve this goal. Table 4-1: City of Corpus Christi Targets and Goals Achieve Date Target for Total GPCD Target for Water Loss (Gallons) Target for Water Loss Percentage Five-Year Target Date: 2024 195 1,611,000,000 6.6 Ten-Year Target Date: 2029 184 1,487,000,000 6.5 4.2 Model Industrial Water Conservation Plan Specification of Water Conservation Goals This section must include specification of 5-year and 10-year water conservation goals and the basis for development of such goals. The goals established by an industrial user under this subparagraph are not enforceable. To determine feasible water conservation goals, to provide the basis for these goals, and to identify a schedule for conservation savings, a four-step water conservation implementation process may be completed: 1.The first step consists of a water audit for the industrial facility. A water audit consists of an inventory of all water supplied to the site and all on-site water uses, including the amount of water used for each purpose. A comparison of the water supplied to the water used will reveal the amount of water loss. Water loss should be no more than 6.0 percent of total water supplied. 2.The second step is to identify sources of water waste and to design procedures to reduce water waste and minimize water loss. Water waste reduction measures may include reducing flow to process equipment, installing pressure-reducing valves, installing control or limit switches, or other measures. 3.The third step is to identify methods to conserve water use in the industrial process, landscape irrigation, and other water uses. Emphasize water conservation methods that address the largest water uses identified in the audit step. Conservation methods could involve upgrading to water-efficient process equipment, water-wise landscaping, retrofit of domestic plumbing fixtures with water-efficient fixtures, employee education, and other methods. 4.The fourth step is to identify opportunities to reuse process water. At the end of the process, is the water quality suitable for other uses? Is it economical to provide water treatment to improve the water quality to make it suitable for other uses? Based on the findings of the first four steps, set five and ten-year goals similar to the example below. 4-2 The [Company/Facility Name] has set a five-year goal of reducing water use to ____ ac-ft/yr by _____ [five years from date of plan] and a ten-year goal of reducing water use to ____ ac-ft/yr by _____ [ten years from date of plan]. These goals will be achieved using the following water conservation methods: In response to a charge by the 82nd Texas Legislature, the Texas Water Development Board and the TCEQ, in consultation with the Water Conservation Advisory Council, developed water use and calculation methodology for preparation of water use reports and water conservation plans in accordance with TCEQ rules. The guidance document5 contains a chapter on developing and evaluating water use in the industrial sector, including identifying total water use, appropriate metrics for evaluating water use, factors that may affect industrial water use, establishment of water conservation goals, and measurement of water savings. 5-1 5. ACCURATE METERING TO MEASURE AND ACCOUNT FOR WATER 5.1 City of Corpus Christi Metering to Measure and Account for Water One of the key elements in water conservation is careful tracking of water use and control of losses. In order to carefully track and control losses, the City of Corpus Christi meters water entering industrial facilities within an accuracy of plus or minus 5.0 percent. Meter type and sizing varies based on the industrial facility. 5.2 Model Industrial Water Conservation Plan Metering to Measure and Account for Water [Insert a description of meter locations; meter types; meter calibration frequency; meter calibration tolerance; and meter data collection, tabulation, and storage. Refer to the water use diagram as necessary. This section must include a description of the device(s) and/or method(s) within an accuracy of plus or minus five percent to be used to measure and account for the amount of water diverted from the source of supply. To assist in tracking of water usage, consider installing additional meters at key locations in the industrial process, particularly if water loss is greater than 5 percent.] 6-1 6. LEAK DETECTION, REPAIR, AND WATER LOSS ACCOUNTING 6.1 City of Corpus Christi Leak Detection, Repair, and Water Loss Accounting The Water Department has a full team of employees committed to identifying and repairing leaks in water distribution throughout the City. A crew of round-the-clock responders follow the procedure below to find and fix a leak: 1. A first responder is sent to the location to identify and mark the priority of the leak. Response time is 30 minutes to an hour. 2. Crews begin to turn the needed valves to isolate the leaking line. Line locates are called in to mark all other utility lines in the area of the leak prior to repairs. Depending on the severity of the leak these locates can take up to approx. 24 hours 3. After line locates are complete, Distribution Leak crews respond to the leak and make all needed repairs. 4. After repairs are complete, the D & D crews back fill the area and replace grass as needed. As with any aging infrastructure system, the City does have water loss between the treatment plant and the point of use. In order to reduce this water loss, the City performs an annual system water audit. This estimate of system water efficiency is achieved by comparing water delivered to the treatment plant, potable water produced, and water sold. The Water Department tracks numerous leak detection and repair activities and is able to evaluate its success using the asset management software to compile and track work orders. Using this data from the audit, the City is able to focus on specific areas where improvements in efficiency can be achieved. The City of Corpus Christi has five-year goal to maintain water loss below 6.5 percent and a ten-year goal to maintain water loss below 6.0 percent. The City encourages its industrial customers to adopt similar goals. 6.2 Model Industrial Water Conservation Plan Metering to Measure and Account for Water [This section must include a description of leak-detection, repair, and water loss accounting in the water distribution system. Please amend the description below to match operations at your facility. Plant personnel are encouraged to observe leaks as they operate and maintain facilities throughout the day. Inspection of aboveground piping and pump packing should be a normal part of employee duties. In addition, flow meter readings should be logged on a daily basis. If a water leak is indicated by any of the above means, the source of the leak should be investigated and a work order for repairs should be issued as necessary. Consider implementing an active leak detection and repair program if water loss is greater than 6.0 percent which is consistent with the City’s ten-year goal.] 7-1 7. WATER USE EFFICIENCY PROCESS AND/OR EQUIPMENT UPGRADES 7.1 Model Industrial Water Conservation Plan Water Use Efficiency Process and/or Equipment Upgrades [This section must include a description of equipment and/or process modifications to improve water use efficiency. It is suggested that each facility include a description of existing water-efficient equipment or processes to demonstrate any water conservation savings that is already being achieved. Equipment upgrades or process modifications should be a result of the third step in the four-step process recommended in Section 4.] 8-1 8. OTHER CONSERVATION PRACTICES, METHODS, OR TECHNIQUES 8.1 Model Industrial Water Conservation Plan Other Conservation Practices, Methods or Techniques [This section must include any other water conservation practice, method, or technique which the user shows to be appropriate for achieving the stated goal(s) of the water conservation plan. Other sections emphasize process water usage, equipment upgrades, and process modifications. This section should report on proposed conservation practices, methods, or techniques that address other water uses, such as domestic water use, housekeeping water use, and landscape irrigation. The water audit in Section 4 should include a survey of landscape irrigation water use. This includes measurement of the landscape area, measurement of the total irrigable area, irrigation system checks and distribution uniformity analysis, and review or development of irrigation system scheduling. The water use survey should identify currently irrigated areas where irrigation can be discontinued due to low visibility or the plant materials that do not need supplemental irrigation. The survey should also identify areas with the opportunity for process water reuse, stormwater reuse, and reuse of treated effluent for landscape irrigation. Best management practices established by the Texas Water Development Board should also be considered in the development of the water conservation measures.2] 9-1 9. IMPLEMENTATION AND UPDATE OF THE MODEL WATER CONSERVATION PLAN 9.1 City of Corpus Christi Implementation and Update of the Model Water Conservation Plan Appendix D contains a copy of the City of Corpus Christi City Council resolution adopting this Model Industrial Water Conservation Plan. The resolution designates responsible officials to implement the Model Plan. Appendix E contains a copy of a letter to the chairman of the Region N Water Planning Group to inform the planning group of this Model Industrial Water Conservation Plan. This Model Plan will be reviewed and updated every five years. 9.2 Model Industrial Water Conservation Plan Implementation and Updates For facilities required to submit an industrial water conservation an annual implementation report is required. The implementation report for industrial use must include the following: • The list of dates and descriptions of the conservation measures implemented; • Data about whether or not targets in the plans are being met; • The actual amount of water saved; and • If the targets are not being met, an explanation as to why any of the targets are not being met, including any progress on that particular target.] [Company/Facility] will submit a copy of their industrial water conservation plan to the City of Corpus Christi for their review and record. A copy of the Board of Directors resolution adopting this industrial water conservation plan for [Company/Facility] is included as an attachment. The resolution designates responsible officials to implement and enforce the industrial water conservation plan. A copy of a letter to the chairman of the Region N Water Planning Group to inform the planning group of this industrial water conservation plan is included. This water conservation plan will be reviewed and updated every five years. Appendix A List of References List of References 1. Texas Commission on Environmental Quality: “Water Conservation Plans for Industrial or Mining Use,” Texas Administrative Code Title 30 Part I Subchapter A §288.3, effective December 6, 2012. 2. Texas Water Development Board: Best Management Practices for Industrial Water Users, Austin, [Online] Available URL: https://www.twdb.texas.gov/conservation/BMPs/Ind/doc/IndMiniGuide.pdf, February 2013. 3. Texas Commission on Environmental Quality: “Definitions,” Texas Administrative Code Title 30 Part I Subchapter A §288.1, effective August 16, 2018. 4. Texas Commission on Environmental Quality TCEQ Form 20839 “Industrial Water Conservation Plan”, Austin [Online] Available URL: http://www.tceq.texas.gov/assets/public/permitting/forms/20839.docx, Revised June 2019 5. Texas Water Development Board and Texas Commission on Environmental Quality in consultation with Water Conservation Advisory Council: Guidance and Methodology for Reporting on Water Conservation and Water Use, Austin, [Online] Available URL: http://www.twdb.texas.gov/conservation/doc/SB181Guidance.pdf, December 2012. Appendix B Texas Commission on Environmental Quality Rules on Water Conservation Plans for Industrial or Mining Water Use Appendix C TCEQ Industrial Water Conservation Plan Appendix D City Council Resolution Adopting the Model Water Conservation Plan [Insert City Council resolution adopting the water conservation plan.] Appendix E Letter to the Region N Water Planning Group [Insert letter to the Region N Water Planning Group.]